Council MIN 01-08-1991 Special
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CITY COUNCIL SPECIAL MEETING MINUTES
City Council Chambers - City Hall
33530 First Way South
Federal Way, Washington
January 8, 1991 - 7:00 P.M.
CALL MEETING TO ORDER
Mayor Ertel called the Federal Way City Council Special
Session to order at the hour of 7: 04 p.m., on the 8th day
of January, 1991, in Council Chambers, City Hall, Federal
Way, Washington.
PLEDGE OF ALLEGIANCE
Councilmember Webster led the flag salute.
ROLL CALL OF COUNCIL
Council Present: Mayor Debra Ertel, Deputy Mayor Mary
Gates, and Councilmembers Jim Handmacher, Lynn Templeton,
Joel Marks, Bob Stead and Jim Webster.
Staff Present: J. Brent McFall, city Manager; Sandra
Driscoll, City Attorney; Ken Nyberg, Assistant city
Manager; Steve Anderson, Assistant City Manager; John
Moir, Finance Director; Jenny Schroder, Acting Parks
Director; Larry Springer, Long Range Planner; Chief Bob
Hash, Fire District; Lt. Frank Atchley, Police
Operations; Maureen Swaney, City Clerk; Greg Moore, Land
Use Manager; Cheri McCabe, Superintendent/Recreation &
Human Services; Chris Green, Deputy City Clerk.
Media Present: Linda Elliott, Federal Way News; Joe
Turner, Morning Tribune; Leon Espinoza, seattle Times.
Husky Councilmember Templeton presented Cougar
Councilmember Stead with a "purple & gold" gift in
commemoration of the "Rose Bowl" game.
AUDIENCE COMMENT
Mike Spence, 2810 Eastlake Avenue E., Seattle; Represents
Government Affairs, Seattle Realtors - Opposes Real
Estate Excise Tax Ordinance. City Attorney Driscoll
responded to his statements.
ORIGINAL
FEDERAL WAY CITY COUNCIL SPECIAL SESSION
January 8, 1991 - Page 2
H. David Kaplan, 30240-27th Ave. So., Federal Way;
Represents Federal Way Community Council - Read memo to
City Council regarding the Legislative Committee formed
by Community Council.
V.
CONSENT AGENDA
1.
2.
3.
January 8, 1991 Voucher
Extension of Surface Water Management Agreement
Minutes - December 11, 1990 & December 18, 1990
Motion by Councilmember Stead to approve Consent Agenda;
second by Councilmember Marks.
Councilmember Handmacher said on page 8, last paragraph,
December 11th minutes, he actually stated "previous
testimony was split", instead of "most citizens are
split". Correction made.
Motion passed as follows:
Handmacher Yes Templeton Yes
Gates Yes Ertel Yes
Marks Yes Stead Yes
Webster Yes
VI.
COUNCIL BUSINESS
1.
Transfer Park at English Garden Subdivision from "B" to
"A" List.
Mr. McFall called upon Greg Moore make staff presentation
on the subdivision and answer any Council questions. He
explained the transfer of this subdivision from the "B"
to "A" list will allow the city to address issues more
fully throughout the process and that applicant's
engineer does not object to the transfer. He also
explained King County would refund any monies due the
City on the project.
Motion by Councilmember Handmacher to approve transfer;
second by Councilmember Stead. Motion passed as follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
Yes
Yes
Templeton
Ertel
Stead
Yes
Yes
Yes
FEDERAL WAY CITY COUNCIL SPECIAL SESSION
January 8, 1991 - Page 3
VII.
INTRODUCTION/FIRST READING ORDINANCES
Mayor Ertel explained these are first readings only on
the following Ordinances and that no action is required
until the next Council meeting.
1.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
RELATED TO REAL ESTATE EXCISE TAX, PROPOSING AN EXCISE
TAX OF ONE-QUARTER OF ONE PERCENT ON EACH SALE OF REAL
PROPERTY IN FEDERAL WAY.
Mr. McFall explained the Council might want to suspend
rules on this particular Ordinance since a delay in its
passage affects all real estate transactions within the
City and delays the City's ability to collect the excise
tax until the Ordinance becomes effective.
Motion by Councilmember Marks to suspend rules and call
for a vote on the issue tonight; second by Councilmember
Stead. Motion to suspend rules passed as follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
Yes
Yes
Templeton
Ertel
Stead
Yes
Yes
Yes
Discussion: Councilmember Marks feels it will affect all
sellers of real property, and in lieu of the excise tax
at this time would like the issue placed on the ballot
for a general obligation bond vote by the ci tizens.
Councilmember Handmacher explained any debate on the
issue at this time is a moot issue since the Council
authorized the City Manager to sign the contract on the
airstrip purchase in December, and well as committing the
funding source at that time. Mayor Ertel also expressed
her preference of placing the issue on the ballot for a
citizen vote, but realizes that option was not available.
Motion by Councilmember Templeton to adopt the Real
Estate Excise Tax Ordinance (Ordinance No. 91-81); second
by Councilmember Handmacher. Motion passed as follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
No
Yes
Templeton
Ertel
Stead
Yes
Yes
No
FEDERAL WAY CITY COUNCIL SPECIAL SESSION
January 8, 1991 - Page 4
2.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
ESTABLISHING THE FEDERAL WAY ARTS COMMISSION; PROVIDING
FOR THE ORGANIZATION, SPECIFYING THE DUTIES AND FUNCTIONS
THEREOF.
Motion by Councilmember Marks to suspend rules and vote
on the Arts Commission Ordinance tonight; second by
Councilmember Webster. Motion to suspend rules passed as
follows:
Handmacher
Gates
Marks
Webster
No
No
Yes
Yes
Templeton
Ertel
Stead
Yes
Yes
No
Motion by Councilmember Webster to adopt the Arts
Commission Ordinance; second by Deputy Mayor Gates.
Discussion: Councilmember Stead commented that he voted
against suspending the rules, not because he is against
the Ordinance, but because he has not read the contents
of the document and didn't anticipate an adoption vote
tonight. All councilmembers agreed to pull the Ordinance
from final approval tonight and place on an upcoming
regular meeting agenda.
Motion by Councilmember Stead to refer the Arts
commission Ordinance to committee and set for second
reading at an upcoming meeting; second by Councilmember
Marks.
Discussion: Mayor Ertel explained the Council tries to
do first and second readings on most Ordinances, unless
there is a strong reason or an emergency to suspend the
rules. By so doing, it allows the Council, as well as
citizens, to review the Ordinance prior to its adoption.
Councilmember Handmacher said he is also supportive of
the Ordinance, but voted against the suspension since he
didn't feel there was a rush to adopt it tonight.
Motion to refer Arts Commission Ordinance to committee
and place on future agenda for second reading passed as
follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
Yes
Yes
Templeton
Ertel
Stead
Yes
Yes
Yes
FEDERAL WAY CITY COUNCIL SPECIAL SESSION
January 8, 1991 - Page 5
3.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
ADOPTING GENERAL BUSINESS REGISTRATION PROVISIONS;
REQUIRING BUSINESS REGISTRATION AND PROVIDING FOR
EXEMPTIONS; PROCEDURES FOR APPLICATION PROCESSING,
SUSPENSION, REVOCATION AND DENIAL; APPEAL OF DECISIONS;
AND PENALTY FOR VIOLATIONS.
Request by Councilmember Webster to amend portions of the
proposed Business Registration Ordinance to include a
section for small businesses with nine or less employees
with the intent of either excluding or charging a reduced
registration fee. He asked the Law Department to draft
an amended Ordinance as reflected by his request.
Motion by Councilmember Webster refer the Business
Registration Ordinance back to committee for amendment
and review; second by Deputy Mayor Gates. Motion passed
as follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
Yes
Yes
Templeton
Ertel
Stead
Yes
Yes
Yes
4.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
ADOPTING GENERAL PARK REGULATIONS AND PROVISIONS FOR
ENFORCEMENT AND PENALTIES THEREFORE.
Mr. McFall explained the City commenced takeover of the
parks system as of January 1st, so it is responsible for
rules being in place at this time. Also, the Parks
Commission has recommended passage of this Ordinance, so
he would suggest the Council consider suspending rules
for adoption of the Ordinance tonight. He further
explained there are several corrections and amendments to
the drafted Ordinance (revised text read by Mr. McFall),
indicating those corrections and amendments need to be
reflected in the motion for such adoption.
Motion by Councilmember Handmacher to suspend rules;
second by Councilmember Stead. Motion to suspend passed
as follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
Yes
Yes
Templeton
Ertel
Stead
Yes
Yes
Yes
FEDERAL WAY CITY COUNCIL SPECIAL SESSION
January 8, 1991 - Page 6
Motion by Councilmember Handmacher to approve Park
Regulation Ordinance (Ordinance No. 91-82), with
revisions as read by City Manager; second by
Councilmember Stead. Motion passed as follows:
Handmacher
Gates
Marks
Webster
Yes
Yes
Yes
Yes
Templeton
Ertel
Stead
Yes
Yes
Yes
VIII.
RESOLUTION
1.
A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON,
APPROVING THE FINAL PLAT OF CALVERT ADDITION, DESIGNATED
AS KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO.
1188-21.
Mr. McFall called upon Richard Lowe to present
information to Council on the Calvert Addition. Mr. Lowe
of Wilsey-Ham, Consultants, using an overhead map
reported the addition is a "B" list item and as such is
being constructed and reviewed by King County, and is in
full compliance with the hearing examiners' decision. He
explained the Council needs to accept the final plat as
presented.
Motion by Councilmember Marks to approve the Final Plat
of Calvert Addition (Resolution No. 91-45); second by
Councilmember Templeton. The Motion passed as follows:
Handmacher Yes Templeton Yes
Gates Yes Ertel Yes
Marks Yes Stead Yes
Webster Yes
IX. CITY MANAGER REPORT
Mr. McFall reported the bond rating information for the
acquisition of the Evergreen Air Field property will be
presented in the very near future. Also, staff is
currently working on a year-end financial report for
1990.
X.
CITY COUNCIL REPORTS
Councilmember Handmacher reported on the SCA Growth
Management meeting last Wednesday and has information to
circulate to Council. He requested staff to obtain a
copy of the Growth Management Bill for the Council's
additional information. He also reported that the
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FEDERAL WAY CITY COUNCIL SPECIAL SESSION
January 8, 1991 - Page 7
Planning/public Works/Transportation Council Committee
has selected four individuals for the interview process
to fill the vacancy on the Commission, with January 29th,
at 7:00 p.m., being the final interviews; he invited all
Councilmembers to attend. The interviews will be
followed by an Executive Session.
Deputy Mayor Gates reported she will be attending a
domestic violence meeting at Federal Way District Court
this Friday at noon and invited others to attend. The
next meeting of the Administrative/Public Services
Council Committee will be held January 11th at 7:30 a.moo
councilmember Templeton reported the Human Services
Commission will meet January 14th at 7:00 p.m..
Mayor Ertel reported she will be attending tomorrow
night's SCA meeting, at which time they will discuss a
proposal for staffing for the Summit Group. She has
received information from the City of Redmond regarding
support for Vision 2020, as well as information from King
County on school adequacy standards and impact fees,
including the Substitute Ordinance No. 9767, and will
furnish copies to all Councilmembers. The school issue
will be included with next week's Council agenda.
XI.
AUDIENCE COMMENT
There was no audience comment.
XII.
ADJOURNMENT
There being no further business to come before the
council, Mayor Ertel adjourned the Special Session at
7:56 p.m..
1. ~)d~-J
. Christine Green
Deputy city Clerk