Council MIN 01-15-1991 Special
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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