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Council MIN 01-15-1991 Special I. II. III. IV. FEDERAL WAY CITY COUNCIL REGULAR SESSION MEETING MINUTES January 15, 1991 - 7:00 P.M. City Council Chambers 33530 First Way South Federal Way, Washington CALL MEETING TO ORDER Mayor Ertel called the Federal Way City Council Regular Meeting to order at the hour of 7:02 p.m., on the 15th day of January, 1991, in Council Chambers, City Hall, Federal Way, Washington. PLEDGE OF ALLEGIANCE Cub Scout Pack 322 from Camelot Elementary and Weblos Scout Pack 313, Den 4, from Twin Lakes Elementary led the Council and audience in the flag salute. PROCLAMATION Mayor Ertel read a proclamation for the week of January 14 through January 18, 1991, honoring Dr. Martin Luther King, Jr.'s birthday. ROLL CALL OF COUNCIL Council Present: Mayor Debra Ertel, Deputy Mayor Mary Gates, and Councilmembers Jim Handmacher, Lynn Templeton, Bob Stead and Jim Webster. Excused Absence: Councilmember Joel Marks. Staff Present: J. Brent McFall, City Manager; Sandra Driscoll, City Attorney; Steve Anderson, Assistant city Manager; Ken Nyberg, Assistant city Manager; John Moir, Finance Director; Cheri McCabe, Recreation and Human Services Superintendent; Maureen Swaney, City Clerk; Greg Moore, Land Use Manager; Kathy McClung, Permit Manager; Sheryl Trent, Management Assistant; Chris Green, Deputy City Clerk. Media Present: Joe Turner, Elliott, Federal Way News. Morning Tribune; Linda ORIG'NAL FEDERAL WAY CITY COUNCIL REGULAR SESSION January 15, 1991 - Page 2 v. AUDIENCE COMMENT Dr. Richard Harris, Superintendent of Federal Way Schools, spoke in support of the School District working with the City Council on the issue of school adequacy standards and impact fees. H. David Kaplan, 30240-27th Ave. So., Federal Way, representing the Federal Way Community Council, urged a follow-up on the Community Plan Update with King County CounciL Randy Caverly, 28241-27th Ave. So., Federal expressed his concern with the In-Home Day Ordinance. Way, Care Carolyn Cowan, 29860 Marine View Dr. SW, Federal Way, thanked the Council for their diligent work and urged a continuation of their leadership in the community. Herbert Kagi, 19553-35th Ave. NE, Seattle, WA, 98155, owner of two lots in Mirror Glen Division, urged the Council to approve his request under Agenda Item IX (4). Nancy Ise, 28910-12th Ave. So., Federal Way, expressed her appreciation to the Council for their support in the creation of the Arts Commission. VI. CONSENT AGENDA 1. Minute Approval - January 8, 1991 Motion by Deputy Mayor Gates to approve minutes, with minor corrections by Councilmember Templeton; second by Councilmember Stead. Motion passed as follows: Handmacher Gates Stead Marks Yes Templeton Yes Ertel Yes Webster Excused Absence Yes Yes Yes VII. INTRODUCTION/FIRST READING ORDINANCES 1. AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, DEFINING IN-HOME CHILD DAY CARE AS A NEW CLASS OF HOME OCCUPATION, ESTABLISHING AN ADMINISTRATIVE COMPLIANCE PROCEDURE, AMENDING FEDERAL WAY ZONING CODE §3.l0.ll0, §3.10.115, §3.10.276, §15.45, §20.35, §20.40, §35.20, §40.40, §45.70 and §50.70 (ORDINANCE NO. 90-43) FEDERAL WAY CITY COUNCIL REGULAR SESSION January 15, 1991 - Page 3 Mayor Ertel explained this is a first reading only on the ordinance. Mr. McFall offered staff presentation to Council. Councilmember Handmacher requested the staff information be held and presented at the next regular meeting since Councilmember Marks is not in attendance; the other Councilmembers concurred. 2. AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL SUM OF $12,500,000 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE THE ACQUISITION OF LAND FOR A PARK; PROVIDING THE DATE, FORM, TERMS AND MATURITIES OF SAID BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF SUCH BONDS; PROVIDING FOR THE ANNUAL LEVY OF TAXES TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS; AND PROVIDING FOR THE SALE THEREOF. Mayor Ertel explained this also is a first reading on the ordinance. Mr. McFall urged the Council to suspend rules and adopt the Ordinance tonight, as there is a specific time element within which to close the bond sale. Motion by Councilmember Handmacher to suspend rules and call for a final vote on the Bond Sale Ordinance; second by Councilmember Templeton. Motion passed as follows: Handmacher Gates Stead Marks Yes Templeton Yes Ertel Yes Webster Excused Absence Yes Yes Yes Motion by Councilmember Handmacher to approve the Bond Sale Ordinance (Ordinance No. 91-83) as presented; second by Councilmember Templeton. Motion passed as follows: VIII. Handmacher Yes Templeton Yes Gates Yes Ertel Yes Stead No Webster Yes Marks Excused Absence ENACTMENT ORDINANCES 1. 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. FEDERAL WAY CITY COUNCIL REGULAR SESSION January 15, 1991 - Page 4 Motion by Deputy Mayor Gates to approve the Arts Commission Ordinance (Ordinance No. 91-84); second by Councilmember Stead. Discussion: Deputy Mayor Gates expressed her support in the creation of the Arts Commission. Councilmember Templeton extended his appreciation to Jenny Schroder and Cheri McCabe of the Parks Department for their timely response to this project; he also thanked Councilmember Webster for his assistance in creating the Commission. Motion to create the Federal Way Arts Commission passed as follows: Handmacher Gates Stead Marks Yes Templeton Yes Ertel Yes Webster Excused Absence Yes Yes Yes IX. COUNCIL BUSINESS 1. Regional Governance Summit Mayor Ertel reported on the recent meetings she has been attending. Councilmember Handmacher suggested the City Council take a position and indicate those prior to any deadline. Per Mayor Ertel, the group is now discussing the general structure; she will bring back all criteria information to the Council following the next study session. Councilmember Handmacher further explained that some of the proposals will affect surrounding areas, so it is important for the Council to take a stand on certain issues at this time. Councilmember Webster asked if additional information could be made available at next week's study session. Mr. McFall said City Staff would contact the Summit Office to see if a representative is available to report to the Council next week. 2. King County's School Mitigation Ordinance Mr. McFall asked Ms. Driscoll to explain the document. As the ordinance was passed by the County Council, all cities would be required to join the program, collect fees and sign an interlocal with the County, however, county Executive Tim Hill vetoed the ordinance. Ms. Driscoll concurred with the veto saying the County does not have the authority to impose such fees. She further explained that regional cooperation is important, however, each individual city should be allowed to make FEDERAL WAY CITY COUNCIL REGULAR SESSION January 15, 1991 - Page 5 a choice regarding entering into an agreement with the County. A letter has been drafted to Councilmember Lois North explaining the Council's position. Motion by Councilmember Templeton to authorize Mayor Ertel to sign the proposed letter to County Councilmember Lois North; second by Councilmember Webster. Discussion: Mayor Ertel suggested copies of the letter be faxed to smaller local cities for their information. Ms. Driscoll said Staff will follow through with her request. Councilmember Handmacher reported the Planning/Public Works/Transportation Council Committee has also given its approval on the issue as reflected in Mayor Ertel's letter. Councilmember Stead requested the last sentence of the second paragraph be changed by eliminating "not under the mandate of the County"; other Councilmembers concurred. Motion to authorize Mayor Ertel to sign the proposed letter, as amended by Councilmember Stead, passed as follows: Handmacher Yes Templeton Yes Gates Yes Ertel Yes Stead Yes Webster Yes Marks Excused Absence 3. 1991 City of Federal Way Insurance Mr. McFall asked John Moir to give a brief report. Mr. Moir explained the City is currently a member of the Washington Governmental Entity Pool, but due to the size of the City it is not cost effective. with coverage under PENCO, the City would pay $39,481 compared to $80,000 under WGEP. The carrier, Hartford Insurance Company, is a sound and reliable company, which offers good coverage; Jack Stanford is the local agent. He explained that Staff recommends approval of the coverage as presented, as they feel the proposal is in the best interests of the City. Motion by Councilmember Stead to approve the proposal as submitted by Public Entities National Company (PENCO); second by Councilmember Webster. Discussion: Mr. Moir introduced Mitch Hill, a representative from PENCO, who answered various questions by councilmembers. Mr. McFall further explained the Entity Pool would retain any profits realized, whereas FEDERAL WAY CITY COUNCIL REGULAR SESSION January 15, 1991 - Page 6 PENCO would enable the City to retain and invest those profits. Mr. Hill reported that all future claims would be handled by Hartford in their local claims office. Motion to approve the proposal with PENCO passed as follows: Handmacher Yes Templeton Yes Gates Yes Ertel Yes Stead Yes Webster Yes Marks Excused Absence 4. Revision to Mirror Glen Division #1 Mr. McFall asked Kathy McClung, Permit Manager, to give a brief report on the project. By using an overhead exhibit, she explained when the original development was platted, the wetland area was not an issue. Ms. McClung presented the Staff recommendation to remove Covenant #4 of Mirror Glen Division #1, with the conditions contained in the Staff report. Motion by Councilmember Handmacher to deny removal of Covenant #4 of Mirror Glen Division #1; second by Councilmember Stead. Motion passed as follows: Handmacher Yes Templeton Yes Gates Yes Ertel Yes Stead Yes Webster Yes Marks Excused Absence X. CITY MANAGER REPORT Mr. McFall suggested the Council call a study session on January 29th for the purpose of interviewing potential candidates for the Planning commission vacancy. The Administration/Public Services council Committee has recommended a special/executive session also be scheduled the 29th, for the purpose of evaluating City Manager and presentation of potential litigation. Motion by Deputy Mayor Gates to schedule a study/special/ executive session on January 29th; second by Councilmember Stead. Motion passed as follows: FEDERAL WAY CITY COUNCIL REGULAR SESSION January 15, 1991 - Page 7 Handmacher Gates Stead Marks Yes Templeton Yes Ertel Yes Webster Excused Absence Yes Yes Yes Councilmember Templeton requested his alternate represent him at the Planning/Public Works/Transportation Council Committee on January 28th; Councilmember Webster will attend. Councilmember Templeton questioned whether interviews for the Planning Commission vacancy would be held in executive or open session; Mr. McFall responded the interviews and discussion will be in open session. Mr. McFall reported the Administration/Public Services Council Committee is reviewing the Code of Ethics and any feedback in advance of the next meeting would be helpful. Those interested in making suggestions should contact Sandra Driscoll or Steve Anderson. He further explained the County Council is requesting the appointment of a representative for the County Roundtable from both City Councilmembers and Staff. Steve Anderson has been appointed as Staff representative, so Council needs to make their selection. Mayor Ertel requested Staff circulate information, i.e., anticipated time required for meetings, etc., to all Councilmembers, to aid in the selection of a representative. XI. Mr. McFall introduced Councilmembers to the "City Spirit" theme, which will reflect Service, Pride, Integrity, Responsibility, Innovation and Teamwork throughout the City. CITY COUNCIL REPORTS councilmember Handmacher reported the next Planning/Public Works/Transportation Council Committee will meet January 28th at 7: 00 p.m.. He also reported on his attendance at the recent SCA meeting. Councilmember Templeton had nothing to report at this time. Deputy Mayor Gates reported the Administration/Public Services Council Committee previously scheduled for January 25th is canceled and reset for January 17th and 24th at 7:30 a.m.. She has information on the King FEDERAL WAY CITY COUNCIL REGULAR SESSION January 15, 1991 - Page 8 County Housing Partnership program regarding housing costs and will circulate the written information to interested Councilmembers and Staff. Councilmember Stead had nothing to report. He requested his alternate attend the Administrative meeting on the 24th; Councilmember Handmacher reported he is available and will be present. Councilmember Webster reported the Parks/Recreation/Human Services Council Committee will meet tomorrow morning at 7:30 a.m.. Mary Ehlis will make a brief presentation on spring Clean at the beginning of the meeting. Mayor Ertel reported she has attended meetings regarding changes to SCA Bylaws, as well as Summit meetings recently. She also summarized her attendance at the recent Urban Design Conference held at the University of California at Berkeley, and has an informational packet available for Council and Staff review. She was especially impressed with the report of a street designer and would like to extend an invitation for him to visit the ci ty sometime in the future. There is also a quarterly magazine she will share with others. Councilmember Webster inquired about the feasibility of enacting a "street tree ordinance". Mr. McFall said it is a possibility, especially since so many trees have been damaged recently by the storms, as well as some through vandalism. He explained the Public Works Department is currently reviewing the problem. councilmember Templeton reported another roll-over accident on Dash Point Road, in which a road sign was destroyed. Mr. McFall said Staff will respond to the situation immediately. XII. AUDIENCE COMMENT Randy Caverly, 28241-27th Ave. So., Federal Way, continued his discussion and questions regarding in-home day care. Mayor Ertel reported Staff presentations on day care will be made at the Council meeting on February 5th prior to adoption of the ordinance. She further explained in-home day care has been discussed at previous Planning/Public Works/Transportation Council Committee meetings, at which time public input was allowed. She suggested any written comments be submitted to the Council. Councilmember FEDERAL WAY CITY COUNCIL REGULAR SESSION January 15, 1991 - Page 9 Handmacher explained there have been extensive discussions regarding in-home day care during prior Planning council committee meetings. He pointed out the ordinance does not set the fee, it only amends a section of the Zoning Code. Deputy Mayor Gates suggested the best way to relay ideas would be through letters to the Council, as councilmembers accept input from citizens. XIII. ADJOURN There being no further business to come before the Council, Mayor Ertel adjourned the Regular Session at 8:45 p.m.. ~ ~~ N. Christine Green Deputy City Clerk