Council MIN 08-20-1991 Regular
FEDERAL WAY CITY COUNCIL
REGULAR MEETING MINUTES
August 20, 1991 - 7:00 P.M.
City Council Chambers - City Hall
* * * * * * * * * *
I.
CALL MEETING TO ORDER
Mayor Ertel called the Federal Way City Council regular
meeting to order at the hour of 7:05 p.m., on the 20th
day of August, 1991, in Council Chambers, city Hall,
Federal Way, Washington.
II.
PLEDGE OF ALLEGIANCE
Councilmember Templeton led the flag salute.
III.
COUNCIL ROLL CALL
council Present: Mayor Debra Ertel, Deputy Mayor Gates
and Councilmembers Jim Handmacher, Lynn Templeton, Joel
Marks, Bob Stead and Jim Webster.
City Staff Present: City Manager J. Brent McFall, City
Attorney Sandra Driscoll, city Clerk Maureen Swaney and
Deputy City Clerk Chris Green.
IV.
AUDIENCE COMMENT
Lynda Collins, l24 SW 3l3th st, Federal Way, presented a
letter to Council requesting monetary assistance from the
City to help defray costs for her attendance at an
international home day care conference in Australia.
(NOTE TO RECORD: See Mayor Ertel's response to Ms.
Collins' request following Council approval of Ordinance
No. 91-105 in these minutes.)
Peter Townsend, 1648 So 3l0th, Federal Way, requested
information on upcoming budget time lines.
Rick Feutz, 2329 So 304th, Federal Way, discussed the
importance of excellence of cable franchise programs for
schools.
ORIGINAL
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 20, 1991 - Page 2
Diane Lachel, 6521 Ray Nash Dr NW, Gig Harbor,
Representive of Viacom, spoke in favor of the cable
franchise extension and offered assistance to the City.
Ed stickel, 1228 SW 296th st, Federal Way, spoke in favor
of selection for City name change pro/con committee.
v.
CONSENT AGENDA
A.
B.
Approval of Minutes - August 6, 1991 & August 13, 1991
Approval of Voucher - August 20, 1991
Motion by Councilmember Templeton to approve Consent
Agenda; second by Councilmember Webster. Motion passed
as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
VI.
INTRODUCTION ORDINANCES
A.
Polygon Property Acquisition
Authorization for Lease/Purchase Financing
Mayor Ertel announced the documents are not ready for
Council at this time and pulled item from agenda.
street Vacation
B.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, ESTABLISHING STREET VACATION PROCEDURES
AND CRITERIA.
Mayor Ertel presented the ordinance for introduction
reading.
VII.
ENACTME~ORDTINANCES (Next Ordinance No. 91-104)
A.
Cable Franchise Extension
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATING TO CABLE COMMUNICATION
FRANCHISES, GRANTING CONTINUATION OF NON-EXCLUSIVE
FRANCHISES FOR CABLE COMMUNICATION SYSTEMS AND SERVICES
UPON THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 20, 1991 - Page 3
THE CITY OF FEDERAL WAY AND EXTENDING THE NON-EXCLUSIVE
FRANCHISE WITH VIACOM.
Motion by Councilmember Handmacher to approve Ordinance
No. 91-104 "Cable Franchise Extension" with the following
two changes: page 2, top paragraph--change franchise
period to one (1) year beginning February 14, 1992,
through February 14,1993; and page 2, section 2--change
extended period to one (1) year effective February 14,
1992 through February 14, 1993; second by Councilmember
Templeton. Motion to approve amended ordinance passed as
follows:
Handmacher yes Templeton yes
Gates yes Ertel yes
Marks yes Stead yes
Webster yes
B. Amendment to Zoning Code/Critical Areas
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING FEDERAL WAY ZONING CODE (ORDINANCE NO. 90-43) BY
AMENDING DEFINITIONS RELATING TO GEOLOGICALLY HAZARDOUS
AREAS AND WETLANDS, (CHAPTERS 80); ADDING A NEW SECTION
80.37 EXEMPTIONS TO APPROVE CERTAIN EMERGENCY AND
MAINTENANCE ACTIVITIES WITHIN SENSITIVE AREA REGULATIONS;
AMENDING SECTION 80.65 RELATING TO REGULATED SLOPES TO
DELETE REFERENCE TO REGULATED SLOPES AND REPLACE WITH
"GEOLOGICALLY HAZARDOUS AREAS"; AMENDING SECTION 8 0.145
TO DELETE REFERENCE TO "WETLANDS"; ADDING A NEW SECTION
80.155.4 TO ALLOW CITY COUNCIL CONSIDERATION OF
REPLACEMENT, ENHANCEMENT, REPAIR OR RESTORATION
MITIGATION OF IMPACTS WITHIN REGULATED WETLANDS FOR
PUBLIC FACILITIES AND UTILITIES; AND AMENDMENTS TO THE
FEDERAL WAY ENVIRONMENTAL POLICY ORDINANCE (ORDINANCE 90-
40); TO ADD ADDITIONAL DEFINITIONS WITHIN SECTION 20.30
RELATED TO CRITICAL AREAS DEFINITIONS; AND TO AMEND
SECTION 20.280 ENVIRONMENTALLY SENSITIVE AREAS TO
DESIGNATE ADDITIONAL ENVIRONMENTALLY SENSITIVE AREAS;
IDENTIFY INVENTORY RESOURCES AND MODIFY CATEGORICAL
EXEMPTIONS.
Motion by Councilmember Stead to approve Ordinance No.
91-105 "Amendment to Zoning Code/Critical Areas"; second
by Councilmember Marks.
Motion to amend by Councilmember Handmacher to correct
wording on page 80-19, section 4, line 3 of the code--
remove word "or" as stated in feasible.QI: alternative
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 20, 1991 - Page 4
location, and amend to read "feasible alternative
location"; second by Councilmember Marks. Motion to
amend ordinance passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Motion to approve amended Ordinance No. 91-105 passed as
follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Mayor Ertel responded to an earlier request by Lynda
Collins--requesting monetary assistance for her trip to
Australia. She explained the City is unable to
contribute, but individual Councilmembers could donate
personally if they so chose. Councilmember Handmacher
asked if the City might be able to use her expertise in
the field of home child day care services. City Manager
McFall will have City Staff review the request.
C.
Amendment to Criminal Code/Children in Cars
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATING TO THE OFFENSE OF LEAVING
CHILDREN UNATTENDED, AMENDING CHAPTER 9.10 OF THE
CRIMINAL CODE (ORDINANCE NO. 91-89).
Motion by Councilmember Stead to approve Ordinance No.
91-106 "Amendment to Criminal Code/Children in Cars";
second by Councilmember Marks. Motion passed as follows:
Handmacher
Gates
Marks
Webster
VIII.
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
COUNCIL BUSINESS
A.
Human Needs Assessment Report
Superintendent of Recreation & Human Services Cheri
McCabe introduced Parks Commission Chair Helen
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 20, 1991 - Page 5
Middlebrooks, who, in turn, introduced Consultant Judy
Clegg of Clegg & Associates. Ms. Clegg distributed
printed material prior to her presentation on human
service needs assessment and senior center
recommendations. Ms. Clegg responded to various Council
questions following the presentation. Mr. McFall
explained this item does not require council action at
this time. The information will be presented to the
Human Services commission and will subsequently come back
to Council with the Commission's recommendations at a
later date.
B.
Selection of Pro/Con Committee for Ballot Measure for
City Name Change/1991 Voter's Pamphlet
Deputy Mayor Gates explained the item has been reviewed
by the Administration Committee with a recommendation for
appointment of the following persons: Ed Stickle, John
Metcalf and Peter Townsend for the Pro Committee, and
Robert Kinzebach, Betty J. U'Ren and Patty Norris for the
Con Committee.
Motion by Councilmember Templeton to approve Pro/Con
Committee as recommended; second by Councilmember Marks.
Motion passed as follows:
Handmacher yes Templeton yes
Gates yes Ertel yes
Marks yes Stead yes
Webster yes
IX. CITY MANAGER REPORT
A. Comprehensive Annual Finance Report
Mr. McFall introduced Finance Director John Moir who
presented the 1990 annual finance report. Also
introduced was State Auditor Jim Johnson who reported the
City should be receiving a clean audit report from the
State, and congratulated the City on its accomplishments.
Mr. McFall explained it is very significant to receive
favorable audit reports during the early growth of a new
City, and thanked the City Finance Department and State
Auditor's Offices for their excellent work.
Councilmembers also thanked Mr. Moir and the Finance
Department for superior work and presentation.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 20, 1991 - Page 6
B.
Accept/File Financial Report - June 1991
Mr. McFall then called on Hr. John Moir to present the
June financial report.
Mr. McFall announced the City & Water/Sewer Oversight
Committee will meet Monday, August 26th, 6:00 p.m., at
the Golfun site. There will also be a joint meeting of
the City, Water/Sewer and Fire to discuss Golfun
feasibility study on September 26th, 7:00 p.m., also at
the Golfun site.
He reported the asphalt overlay projects have commenced
at 336th & Pacific Highway South and 336th & 2lst Ave SW.
Mr. McFall announced the National League of cities will
meet in early December, so the Council will need to
select and designate one voting delegate and two
alternates by mid October.
x.
COUNCIL REPORTS
Councilmember Webster reported the Parks/Recreation/Human
Services Committee will meet tomorrow at 7:30 a.m..
Deputy Mayor Gates announced the next meeting of the
Administration Committee will be September 3rd at 7:30
a.m., at which time they will continue discussion of
Council rules and economic development.
Councilmember Handmacher reported the Planning/public
Works/Transportation Committee will meet August 26th at
7:00 p.m.. He also updated the Council on two items:
(I) Metro's Dial-A-Ridehas a bid problem and will not be
available to the public until early 1992; and (2) the
schedule for light rail has now been moved back to a mid
November or early December time frame.
Mayor Ertel commented that Metro personnel are still
unaware of the large growth in Federal Way, so she feels
it is important to continue their tours of the City to
familiarize and educate Metro to the needs of the
community.
XI.
AUDIENCE COMMENT
Rick Feutz, 2329 So 304th, Federal Way, suggested
citizens be kept informed during the budget process.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 20, 1991 - Page 7
H. David KaDlan, 30240-27th Ave So, Federal Way, reported
the Community Council has invited Metro and Rhododendron
Line staff members to their October meeting.
Diane Lachel, Viacom Cablevision, thanked Council for the
extension of their contract and extended an invitation to
all Councilmembers who would like to participate in a
Candidate Forum scheduled for the end of October.
XII.
COUNCIL BUSINESS (CONTINUED)
A.
Approve Forest Ridge Decision on Appeal to City Council
from Hearing Examiner
(NOTE TO RECORD: Gates, Handmacher, Templeton and
Webster only Councilmembers allowed to approve decision.
Mayor Ertel and Councilmembers Stead and Marks are
excluded from decision approval.)
Mayor Ertel and Councilmembers Stead and Marks exited
Council Chambers. Deputy Mayor Gates then gave a short
explanation of the appeal process and read the following
motion:
MOTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, ON THE APPEAL TO THE COUNCIL IN THE MATTER OF
FOREST RIDGE, NO. S89PO046 FWHE #90-3, AFFIRMING IN PART
AND MODIFYING IN PART THE DECISION OF THE HEARING
EXAMINER.
Councilmember Handmacher moved to approve the motion as
read by Deputy Mayor Gates; second by Councilmember
Webster. Motion passed as follows:
Handmacher
Gates
yes
yes
Templeton
Webster
yes
yes
XIII.
EXECUTIVE SESSION
A.
To discuss pending litigation pursuant to
RCW 42.30.110(i)
Deputy Mayor Gates recessed the regular meeting at 9:l3
p.m., and announced the City Council would convene for a
20-minute executive session to discuss pending
litigation. At 9:33 p.m., Assistant City Manager Steve
Anderson announced the executive session was extended for
an additional five minutes.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 20, 1991 - Page 8
Mayor Ertel announced the executive session adjourned at
9:38 p.m., with no action taken, and reconvened the
regular meeting.
XIV.
ADJOURNMENT
There being no further business to come before the
Council, Mayor Ertel adjourned the regular meeting of the
Federal Way city Council at the hour of 9:38 p.m..
J¡ r~j~ ;f~~
N. Chrlstlne Green
Deputy City Clerk