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Council MIN 12-03-1991 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING December 3, 1991 - 7:00 P.M. City Council Chambers - City Hall 33530 First Way South Federal Way, Washington 98003 * * * * * * * * * * I. CALL MEETING TO ORDER Mayor Debra Ertel called the meeting to prijer at the hour of 7:05 p.m., in Federal Way city Council Chamber., 33530 First Way South, Federal Way, Washington, on the 3rd day of December, 1991. II. PLEDGE OF ALLEGIANCE The Council led the audience in the flag salute. III. COUNCIL ROLL CALL All councilmembers were present. Staff members present were J. Brent McFall, City Manager; Sandra Driscoll, City Attorney and Maureen swaney, city Clerk. IV. PRESENT A nONS Mr. McFall presented the December SPIRIT Award to Sandy Petitt. Messrs. McFall and Moir presented the GFOA Budget Award to Mayor Ertel. v. AUDIENCE COMMENT Nancy Ise, 28910 12th S, Federal Way (Arts Funding), Rosalee Luce, 29629 11th Place S, Federal Way (Arts ~ding), Carol Berlin, 700 S. Marine Hills Way, Federal Way (Arts n.nding), Kirby Luther, 945 S. 294th Place, Federal Way (Arts n.nding), Barbara Gardner, 309 SW 321st st, Federal Way (Youth programs), Joe Whitmore, 32116 9th Ave S, Federal Way (Traffic, Spending), Gregory Keaton, 32113 45th Place SW H-6, Federal Way (Minors in possession), Mark Freitas, 32032 2nd Ave SW, Federal Way (CARES Community Partnership Program - Letter attached hereto as Exhibit "A" and made a part of the minutes), H. David Kaplan, 30240 27th Ave S, Federal Way (Budget- Letter attached hereto as Exhibit "8" and made a part of the minutes), Vicki Montgomery, 30254 25th Ave SW, Federal Way (Arts ORIGINAL city council Minutes Page 2 - December 3,1991 Funding), Pat Fullmer, 2451 SW 307th, Ft4eral Way (Arts Funding), Carol Hinckly, 32624 7th Ave SW, Federal Way (Arts Funding). VI. CONSENT AGENDA A. B. Approval of Minutes - November 19, 1991 Approval of Voucher - December 3, 1991 Motion for approval by Councilmember Templeton; Councilmember Marks. Motion passed as follows: Second by Handmacher Gates Marks Webster Yes Yes Yes Yes Templeton Ertel Stead Yes Yes Yes VII. PUBLIC HEARING A. Mirror Glen #3 Preliminary Pla~ Approval Mayor Ertel informed the audience that ~e only testimony allowed in this hearing would relate to the imp.ct on schools. 1. city Staff Presentation Margaret Clark, Senior Planner, qave the council a brief overview of the project and the modifications Which are contained in the approving resolution. 2. Audience Comment Donn B. Fountain, Assistant superintendent of the Federal Way School District, told the council that this plat would probably generate 17 students based on a student generation factor formula. He informed the council that since the bond levy passed, the school system will be able to accommodate these students. Letter attached hereto as Exhibit "C" and lIIade a part of the lIIinutes. with no further testimony, Mayor Ertel c1osed the public hearinq. city council Minutes Page 3 - December 3,1991 VITI. RESOLUTIONS A. Mirror Glen #3 Preliminary Plat Approval A RESOLUTION OF THE CITY COUNC1L OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING '.1'liE $lIQ!:LIMINARY PLAT OF MIRROR GLEN DIVISION 3, KING COWlTY BUILDING AND LAND DEVELOPMENT FILE NO. S89POO67, WITH CONDITIONS. (City Staff Contact: Marqaret Clark) Motion for approval of Resolution No. 91-88, with the conditions set forth by staff, by Councilmember Handmacher; Second by Councilmember Webster. Motion passed as follows: Handmacher Gates Marks Webster Yes Yes Yes Yes Templeton Ertel Stead Yes Yes Yes B. City of Federal Way Investlllents A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REPEALING RESOLUTION NOS. 90-24 AND 91- 51 AND SPECIFYING THE OFFICERS AND PERSONS AUTHORIZED TO INVEST AND WITHDRAW FUNDS OF faE CITY. (City Staff Contact: John Mo1t) Motion for approval by Deputy Mayor date~i second by Councilmember Marks. Motion passed as follows: Handmacher Gates Marks Webster Yes Yes Yes Yes Templeton Ertel Stead Yes Yes Yes IX. ENACTMENT ORDINANCES A. Merit Decision/Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY ZONING CODE, CHAPTER 160, PROCESS IV, RELATING TO PROCESS FOR AMENDING THE ZONING MAP, THE ZONING CODE, AND THE COMPREHENSIVE PLAN, TO DELETE THE REQUIREMENT OF A CITY COUNCIL THRESHOLD MERIT DECISION FOR SUCH PROPOSED AMENDMENTS, AND ESTABLISHING CITY COUNCXL PRIORITY RANKING OF PROPOSED AMENDMENTS INITIATED åY THE PLANNING COMMISSION. (AMENDING FEDERAL WAY ORDINANC2 90-40) (City Council Contact: Jim H.þ~acher) City Council Minutes Page 4 - December 3,1991 Motion for approval of ORDINANCE NO. 91-112 by Councilmember Handmacher; Second by Councilmember Marks. Motion passed as follows: Handmacher Yes Templeton Yes Gates Yes Ertel Yes Marks Yes Stead Yes Webster Yes B. Tenant Improvements AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING TH~ FEDERAL WAY ZONING CODE (ORDINANCE NO. 90-43) BY ADbI~G DEFINITIONS RELATING TO TENANT IMPROVEMENTS, CHANGE OF USE, AND NORMAL MAINTENANCE; AMENDING VARIOUS FEDERAL WAY CODE SECTIONS TO DELETE THE REQUIREMENT THAT A MAI APPRAISAL BE SUBMITTED BY APPLICANTS IN ORDER TO REVIEW PROJECTS FOR NON-CONFORMANCE THRESHOLDS; AMENDING VARIOUS FEDERAL WAY CODE SECTIONS TO DELETE NORMAL MAINTENANCE COSTS IN THE CALCULATIONS OF DETERMINING NON-CONFORMANCE THRESHOLDS; AMENDING FEDERAL WAY CODE SECTION 165.35.3(B) TO RAISE THE THRESHOLD FOR NON-CONFORMING PROCEDURES FROM THIRTY- FIVE PERCENT TO FIFTY PERCENT OF THE ASSESSED OR APPRAISED VALUE OF THE SUBJECT PROPERTY; AND AMENDING FEDERAL WAY CODE SECTION 175.10.2 RELATING TO EXCEPTIONS TO SITE PLAN REVIEW. (City Council Contact: Jill Handmacher) Motion for approval of ORDINANCE NO. 91-113 by Councilmember Handmacher; Second by Councilmember Stead. Greg McCormick, Senior Planner, explained the "change of use" term. Motion passed as follows: Handmacher Gates Marks Webster Yes Yes Yes Yes Templeton Ertel Stead Yes Yes Yes C. parks/Recreation/Open Space Com~rehensive Plan Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FEDERAL WAY COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE PLAN AND AMENDING FEDERAL WAY CODE TITLE 20.230 (ORDINANCE NO. 90-40 AND 91-109) TO ADOPT THE FEDERAL WAY COMPREHENSIVE PARKS, RECREATION AND OPEN SPACE PLAN AS A CITY OF FEDERAL WAY SEPA POLICY. (City Staff Contact: Larry springer/Paul Quarterman) City council Minutes Page 5 - December 3,1991 Motion for approval of ORDINANCE NO. 91-114 by councilmember stead; Second by Councilmember Marks. Motion passed as follows: Handmacher Gates Marks Webster Yes Yes Yes Yes Templeton Ertel Stead Yes Yes Yes x. COUNCIL BUSINESS A. Purchasing Policies (City staff Contact: John Moir/Ken CUrl) Ken curl, purchasing Manager, reviewed information circulated to the council, and attached hereto as Exhibit "D" and made a part of the minutes. councilmember Marks said. he would like to see competitive bids on materials, supplies and equipment be held when the contract would be $20,000 or more instead of the proposed $50,000. Motion to approve the policy as present.d by Deputy Mayor Gates; Second by Councilmember Handmacher. couþci¡member Marks requested a friendly amendment to reduce the $~O,OOO to $20,000 as aforementioned. The lIIotion-maker was not agreeable to this as a friendly amendment and said the amendment was operations and not policy. councilmember Marks moved to amend the motion by reducing the $50,000 to $20,000 on materials, supplies and equipment competitive bids; Second by councilmember Stead. Councilmember Webster asked for impact information on the amendment; he asked that the council be given information on how many contracts this would have affected and projections of how many it would affect in the future. Mr. McFall said he would be able to quantify this request, but he did not have the information available this evening. Councillllember stead agreed with having the information prior to voting on the amendment and/or the motion. Councillllember Webster suggested this item be held over until the next meeting. councillllember Handmacher ø¡aid he could see no reason to lower the amount. Motion to table this matter until December 17, 1991 by Councilmember Handmacher; Second by Cou~ci¡member Stead. Motion City Council Minutes Page 6 - December 3, 1991 passed as follows: Handmacher Yes Gates Yes Marks Yes Webster Yes Templ~ton Ertel Stead Yes Yes Yes Appointment to Human services RoUndtable (city staff Contact: J. Brent McFall) The council decided to discuss the appointment in January, 1992. B. XI. CITY MANAGER REPORT Mr. McFall requested a 15 minute Executive session for discussion of property acquisition. The meeting recessed at 8:36 p.m. and reconvened at 9:00 p.m. XII. CITY COUNCIL REPORTS Councilmember Handmacher said the Planning/Public Works/Transportation Committee will hold its final meetinq on December 9,1991 and they will have a fUll aqenda. Deputy Mayor Gates said the Administrat+þn Committee will meet at 7:30 a.m., December 6,1991. Councilmember Webster said the Par)cs/åecreation/Human Services Committee will meet at 7:30 a.m., Dece~r 4, 1991, to consider reappointments to the Arts Commission. XIII. AUDIENCE COMMENT H. David Kaplan, 30240 27th Avenue, Federal Way, read comments in a letter which is attached hereto as Exhibit "E" and made a part of the minutes. XIV. ADJOURNMENT Meeting adjourned at 9:09 p.m. ~~ 'n'l l 2.--03 .q( ~ December 2, 1991 Federal Way city council City of Federal Way 33530 1st Way South Federal Way, Washington, 98003 Reference: Letter of Support, CARES Community partnership Program for Children and Teens providing recreational and educational opportunities for Youth in the Community. Members of the City Council; This letter is written in support of the proposed CARES Community Partnership Program and funding a position in the 1992 city of Federal Way Budget. As you are aware, the proposed program has been designed to provide a necessary service unavailable in the community to help the youth of the community that would otherwise fall between the cracks and be lost. The Program was designed by a partnership of Business Leaders, Community service providers, schools, Libraries, City and County staffs and concerned citizens. These people came together to help the youth of the community and I sense an urgent need and willingness to support the program. From my positions in the Community as a Swim and Soccer coach, Vice President of the Greater Federal Way Chamber of Commerce, Realtor, and Planning commission Member, I see a community that CARES about the Quality of Life for our Youth. The CARES PROGRAM will offer the local community the ability to help take an active role in the Youth of the community and be a valuable asset. In community forums and meetings as recently as last week at the Drugs Draw the Ling conference, Youth in Federal Way identified issues pertaining to meaningful things to do, alternatives to drugs, violence and sexual abuse as the highest priority to help the youth of this community. In it's recent Summit of Education, Business and community leaders, The Federal Way School District identified as two of Its TOP priority items, the issue of Latch Key youth and Partnerships with Community, Business, School and City. Weyerhaeuser and others have started the process. The CARES Program will allow the City continue to take a leadership role in prevention issues, where, as most of you know, the dollars are best spent. Ask any Police Officer for their opinion. Please Fund the CARES PROGRAM, as requested. Thank You. Mark w. Freitas, CCIM 32032 2nd Ave. S.W. Federal Way, Washington 98023 (206) 838-8327 Federal Way City Council December 3, 1991 f~ I~ II' 12-~j Mayor Ertel, Deputy Mayor Gates, Councilmembers Handmacher, Marks, Stead, Templeton and Webster: Your budget deliberations are more than decisions about money, They are decisions about a quality of life made possible by the level of services the city provides. I urge you not to make impractical short-term economies. We need a realistic approach to satisfying legitimate needs. This takes the right amount of money and enough staff to do the right job in a reasonable amount of time. I call your attention to four long-term issues that should be considered. First, there's stress on the General Fund. The 1991 mil levy, which was the base for future rates, was lower than it ahould have been to fund the services requested by citizens. The cost differential was only ll~ a day for the average homeowner. But that lH a day became $1 ,OOD,DOD lost EACH AND EVERY YEAR in revenues the city would have had for services. Second, contracting costs are going up without a commensurate return in value, quality control or reliability. Public Health contracts are up nearly 30% from $450,000 to $580,000, The Police contract is up only 10%, but that is still $600,000, And Public Works contracts have 30% in administrative costs added on top of the fee for work. As our Public Works Director has shown, bringing some projects in-house would make a savings of approximately $164,000. Some additional staff would be needed to work on these projects, as well as on some other tas ks that our a 1 ready und er-sta ffed Pub 1 i c Works Department has to handle. Even with these new employees, an annual savings of approximately $80,000 would be realized. And think of the increase in efficiency and morale, Third, the city took over the Recreation Program from King County on September 1 of this year. In the first quarter of activity under our total control, the city's General Fund is subsidizing 70% of the activities. It takes time to build revenue-producing programs for 100,000 people. You can't do it with volunteers~ Fourth, and perhaps most critical, is our surface water management funding situation. The General Fund had had to transfer about $950,000 into surface water programs for 1992.That transfer means we actually doubled the rates for 1992 just to stay in place. Surface management costs should be borne by rates and rate pa~ers---NOT General ,I::'e. fI<L C(¡¡j1f/'Y <ill Fund subsidies. By tripling the current rate no~, you eliminate the need for debt service. (And 45% of debt service is interest expense.) Future rate increases would be smaller and would be on an incremental basis to keep pace with inflation. These four problems call for a maximum mil levy, The total dollars per household is not ruinous. But not having the funds the community needs IS ruinous. H. DAVID KAPLAN ,. ~ "G" / ¥¥J:s Federal Way Public Schools ,( 31405 18th Avenue South Federal Way, WA 98003 November 15, 1991 941-0100 or 927.7420 BOARD OF EDUCATION Jim Boldt, Prooident Gail A. Pieroon, V'..,. Preoident Nancy 1.. Robertson, Director OrlaDdo E. Trier, Director MaryJ. Wei., Director SUPERINTENDENT G. Richard Hani. Ms. Margaret Clark, Senior Planner Department of Community Development City of Federal Way 33530 . 1st Way South Federal Way, WA 98003 RE: Mirror Glen Division 3 Dear Ms. Clark: This letter is in response to your request for comments on the 22 lot preliminary plat of Mirror Glen Division 3. The Federal Way School District is concerned with the overcrowding of school facilities, safety of children who walk to school, transportation of children, and recreational requirements of children. We feel it Is our responsibility to provide the best education possible for all children who reside within the District. To do this, however, we must give ~onsideration to the impact new housing developments and new students have on the District. Additional students means that provisions must be made for the public health, safety and welfare, including schools and school grounds, streets or roads, parks and recreation, and safe walking conditions for students. The result is increased requirements for new schools or additions to schools, the purchase of portables, acquisition of buses, purchase of equipment such as computers, increases to library collections, and the construction of playfields. Therefore, we intend to firmly respond to and conform with the provisions of the Growth Management Act (SHB 2929) and, when applicable, King County Ordinance No. 9785, in a manner which best serves the students and taxpayers of the Federal Way School District. In June, 1990, a Capital Facilities Plan was adopted by the Federal Way School District Board of Education, in accordance with King County Ordinance No. 9785. The Capital Facilities Plan includes construction bonds and collection of impact fees along with state matching funds to finance the effects of new growth. The statistical analysis of your project projects 17 students would enter our school system from the proposed 22 single family dwellings. In summary, permanent school facilities will be needed to accommodate the proposed growth that this development represents. This District has determined that it will finance these facilities by using a combination of construction bonds, impact fees and state matching funds. "tl/fl Donn B. Fountain Assistant Superintendent DBF:re c: Board of Education Dick Harris Jake Walker Geri Walker #26.2 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT Nav 2 0 1991 Federal Way School District 210 ia aD equal oppottuDity aDd aff'ømative actiOD employer. The A1Iirmative ActiOD Office Dumber i. 941.0100 DATE: TO: FROM: 1~/3/C¡ I -'õY2S t:(L "ì)' I CITY OF FEDERAL WAY MEMORANDUM December 3, 1991 Honorable Mayor & city Council, John Moir, Finance Director~~ Ken Curl, Purchasing Manage~ Purchasing policies & Procedures SUBJECT: This memo will provide a summary of the city's proposed purchasing policies and procedures and address concerns raised by the Council's Administration Committee. The following items will require Council approval unless otherwise indicated: 0 Competitively bid contracts for materials, supplies and equipment in excess of $50,000. 0 Public works and improvement contracts in excess of $35,000 (multiple crafts) or $20,000 (single craft). 0 Small works roster contracts in excess of $50,000. The small works roster is an optional method of procurement for public works projects less than $100,000. 0 All sole source contracts in excess of $50,000 except routine expenses of government available from a single source. 0 All cooperative purchasing agreements. 0 Any contract in excess of $50,000 where special circumstances require a procedure other than that specified in these procedures. 0 All leases in excess of $50,000 or for more than three (3) years in duration regardless of dollar amount. 0 All emergency procurements will be reported to the city council after the fact because of the nature of this type of procurement. 0 All change orders to public works contracts will be reported to the city council on a quarterly basis after the fact unless the contract contingency amount is exceeded. The Purchasing Manager is authorized to award all purchases other than stated above. The following items will increase participation by City of Federal Way businesses: 0 Limited Purchase Orders (L.P.O.). Items which will not exceed $500 per procurement may be purchased by departments by using the L.P.O. without the need to solicit multiple quotes. 0 Blanket Purchase Orders. Normally established with local vendors to provide an indefinite quantity of a particular commodity such as paint, lumber, auto parts and other recurring maintenance and supply items. Other items of concern/interest: Force Accounts. The city may perform work with its employees up to the dollar limits required for competitive bids for public works projects. The total value of all force account work during any calendar year will not exceed ten (10%) of public works construction budget. the 0 0 Purchasing will develop a brochure on "How to do business with the city." 0 Major purchases in excess of $10,000 will be reported in purchasing's monthly status report and distribution will be expanded to include the Mayor and city council. Recycled Products. The City currently buys recycled copier paper, letterhead, envelopes, business cards and laser printer toner cartridges. purchasing will develop a draft policy on procurement of recycled products. 0 ~"l- "- {L(3~S Mayor Ertel, Deputy Mayor Gates, Councilmembers Handmacher, Marks, Stead, Templeton and Webster: On October 3, 1989, I was the first person to address you, Federal Way's first City Council,' I had planned to be the last person to do so on December 17, but I have another commitment that day. So I shall make my remarks now, You are coming to the end of a daunting two years. It was your responsibility to forge a city, to make some order out of the chaos left by decades of neglect and mismanagement by King County. There was so much to do. The work load was enormous. Long hours were the norm. You had to set priorities. With input from citizens at council meetings and public hearings, on task forces and commissions, you have successfully established a strong foundation for future administration of our city, Your efforts were worth it, You know that I have attended virtually every city council meeting and study session. At most of them, only a handful of people were in attendance. The small audiences were surprising. Many thought that the lack of citizen attendance was an indication of public approval and acceptance of the decisions you had made and the actions you had taken. That would be the logical conclusion. Unfortunately, logic is often missing from politics, November 5 election. as was shown in the Councilmember Webster, you quit while you were ahead, so to speak. With your extensive parks background, you have done an admirable job in guiding the city towards the establishment of a viable and successful parks and recreation system. With Council member Templeton, you have shaped a human services program for the city that is fair and compassionate. Your departure from city administration is regrettable. However, we know that you will still be helpful to Federal Way whenever you can be. Good luck in your new position as head of the Washington Parks and Recreation Assn. Congratulations. And now we come to Mayor Ertel and Councilmember Handmacher. I have known the two of you since June of 1988, when I joined the Community Council. Debbie was president and Jim was Chairman of the ptanning and Community Development Committee. Your concern and commitment for Federal Way was pervasive then and has never wavered. Your actions on the city council and as our representatives in regional affairs have given Federal Way the role and respect to which we were entitled and had not received before incorporation. All this makes your election loss a disturbing event. It should cause concern in the community. We lose your knowledge and experience. We lose your credibility and visibility in regional affairs. And worst of all, we lose the good judgement and perspective that'you brought to all city business. You will be missed. As you go into of the citizens you worked hard and the to come. Thank you, the private sector, you have the utmost gratitude and admiration have served. You have acted with honesty and integrity. You have fruits of jour efforts will benefit all of us for a long time Debbie. Thank you, Jim. Your successors say they have the city's best interest at heart. That remains to be seen. Their words and actions will be monitored very closely, I assure you. Counci1members Gates, Marks, Stead and Templeton, you continue on the council. I know that the wisdom, balance and fairness you exercisèd a majority of the time will continue to guide you in the future. As always, you can call on me and other interested citizens to help you towards our mutual goals. The future of our city can be a successful one, if we all work together with a constructive and cooperative attitude. Thank you. H. David Kaplan December 3, 1991