Council MIN 02-05-1991 Regular
I.
II.
III.
IV.
FEDERAL WAY CITY COUNCIL
REGULAR SESSION MEETING MINUTES
February 5, 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 7:03 p.m., on the 5th day
of February, 1991, in council Chambers, City Hall,
Federal Way, Washington.
PLEDGE OF ALLEGIANCE
Deputy Mayor Gates led the Council and audience in 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, Jim Webster.
Also Present: City Manager J. Brent McFall, City
Attorney Sandra Driscoll, City Clerk Maureen Swaney,
Deputy City Clerk Chris Green.
AUDIENCE COMMENT
1.
H. David Kaplan, 30240-27th Avenue South, Federal Way,
representing Federal Way Community Council, invited the
Council, staff and audience to their next meeting on
Thursday, February 7th; agenda will be surface water
management. City Staff Member Larry Springer will give
a presentation.
2.
Patricia Allison, 4034 S.W. 328th Street, Federal Way,
spoke in opposition to the business license registration.
3.
Randall Caverly, 2824l-27th Avenue South, Federal Way,
spoke in opposition to the in-home child day care
ordinance; he presented a letter to Council.
ORIGINAL
FEDERAL WAY CITY COUNCIL REGULAR SESSION
February 5, 1991 - Page 2
V.
VI.
4.
Roger Hurst of Sir SpeÉ!dy and Chamber of Commerce,
Federal Way, spoke in opposition to the business license
registration.
CONSENT AGENDA
1.
2.
3.
4.
Voucher
Minutes
Planning commission Appointment
Pay/Classification/Benefit Study Task Force
Councilmember Webster requested Item No.4 be pulled from
the Consent Agenda for further explanation.
Motion by Councilmember Webster to approve Consent Agenda
Item Nos. 1, 2 and 3; second by Councilmember Templeton.
The motion passed as follows:
Handmacher
Gates
Marks
Webster
Templeton
Ertel
Stead
yes
yes
yes
yes
yes
yes
yes
In response to Councilmember Webster's inquiry regarding
Consent Agenda Item No.4, Deputy Mayor Gates explained
the Administration/Public Services council Committee has
been reviewing the item recently, and asked Assistant
city Manager Steve Anderson to give a brief explanation.
Mr. Anderson explained the task force will combine with
selected staffmembers, in order to make a recommendation
to the City Manager for the selection of a consultant.
Motion by Councilmember Webster to approve Consent Agenda
Item No.4, appointing Zaran Sayre, Joyce Blackburn, Bill
Feldt and Bob Janson to the Pay/Classification/Benefit
Study Task Force; second by Deputy Mayor Gates. Motion
passed as follows:
Handmacher
Gates
Marks
Webster
Templeton
Ertel
Stead
yes
yes
yes
yes
yes
yes
yes
INTR 0 D U CTI 0 N /FIRST READ IN G 0 RD IN AN CES
1.
Claims Ordinance
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
ESTABLISHING A CITY CLAIMS PROCESS.
FEDERAL WAY CITY COUNCIL REGULAR SESSION
February 5, 1991 - Page 3
Mayor Ertel explained this is first reading only on the
ordinance.
2.
Condemnation Ordinance (Ordinance No. 91-85)
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY AND
CERTAIN EASEMENTS OVER, ALONG, UNDER AND ACROSS CERTAIN
PROPERTY FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING
STREET IMPROVEMENTS ALONG A PORTION OF SOUTH AND
SOUTHWEST 356TH STREET, TOGETHER WITH ALL NECESSARY
APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A
COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY
STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY, PROVIDING
FOR THE CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING
OF LAND OR OTHER PROPERTY NECESSARY THEREFORE; DIRECTING
THE ATTORNEY FOR THE CITY TO PROSECUTE THE APPROPRIATE
ACTION AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR
SAID CONDEMNATIONS; REPEALING ORDINANCE NOS. 90-63 AND
90-71; AND RATIFYING ALL ACTS TAKEN BY THE CITY
ADMINISTRATION AND CITY ATTORNEY CONSISTENT WITH THIS
ORDINANCE.
Mayor Ertel explained this is also a first reading,
however, Mr. McFall urged Councilmembers to suspend rules
and place the ordinance for final reading. Councilmember
Templeton asked if any affected property owners were in
attendance; Mr. McFall explained none were present at
this time, but all parties involved in the process have
been properly notified and are aware of the proceedings.
Motion by Councilmember Stead to suspend rules and call
for a vote on the Condemnation Ordinance; second by
Councilmember Handmacher. Motion passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Motion by Councilmember Stead to approve Condemnation
Ordinance No. 91-85; second by Councilmember Handmacher.
Motion passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR SESSION
February 5, 1991 - Page 4
VII.
ENACTMENT ORDINANCE
1.
Business Registration Ordinance (Ordinance No. 91-86)
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.
Motion by Councilmember Templeton to approve Business
Registration Ordinance No. 91-86; second by Councilmember
Stead.
Discussion: Councilmember Marks expressed his objection
to the ordinance, as not being beneficial to the business
community. Deputy Mayor Gates pointed out the benefits
of such an ordinance, i.e., economic and hazardous waste
information. Councilmember Templeton feels the business
community, as much as the city, will benefit from
information received during the registration process.
Councilmember Handmacher agreed by stating the main
objective of the registration is to assist the city and
business community with important information, and
doesn't feel the applicable fee should impact businesses.
Motion to approve Business Registration Ordinance No. 91-
86 passed as follows:
Handmacher yes Templeton yes
Gates yes Ertel yes
Marks no Stead yes
Webster yes
2. In-Home Child Day Care Ordinance (Ordinance No. 91-87)
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 §3.10.110, §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).
Motion by Councilmember Handmacher to approve Day Care
Ordinance No. 91-87; second by Councilmember Stead.
FEDERAL WAY CITY COUNCIL REGULAR SESSION
February 5, 1991 - Page 5
Discussion: Permit Manager Kathy McClung gave a very
brief presentation on the proposed classification to
amend the zoning code, and said there is no proposal to
actually change the fee at this time. In response to
questions by Deputy Mayor Gates, Ms. McClung further
explained that waiving conditions will not be a difficult
or lengthy process. Applicants have been informed of the
changes, and there have not been any major complaints
recei ved by staff to date. Councilmember Marks announced
he will vote against the motion after listening to
citizen responses on the issue. Councilmember Handmacher
expressed his appreciation to staff, councilmembers and
ci tizens for their input and stated he supports the
ordinance. Councilmember Templeton questioned the $75
fee; Councilmember Handmacher explained it is only a one
time charge and does not require annual renewal.
Motion to approve In-Home Child Day Care Ordinance No.
91-87 passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
no
yes
Templeton
Ertel
Stead
yes
yes
yes
VIII.
RESOLUTIONS
1.
Amendment to Fee Resolution/Business Registration
(Resolution No. 91-46)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING RESOLUTION NO.9 0-18,
ESTABLISHING FEES FOR BUSINESS LICENSE REGISTRATIONS.
Motion by Councilmember Templeton to approve Amendment to
Fee Resolution/Business Registration Resolution No. 91-
46; second by Councilmember Stead.
Discussion: Councilmember Marks announced he is opposed
to the resolution, as he feels it is a business tax.
Motion to amend resolution by Councilmember Templeton to
change new business registration fees to $15, business
renewals to $15 and home occupation renewals to $15, so
all fees are identical; second by Councilmember Stead.
Discussion: Councilmember Webster stated he wants to
continue listing various classifications even if all fees
are identical. Councilmember Handmacher explained
duplicate fees are already listed, and home occupation
FEDERAL WAY CITY COUNCIL REGULAR SESSION
February 5, 1991 - Page 6
renewal is one-half cost of others; if adopted as
proposed by Councilmember Templeton, the home occupation
renewal would remain at $7.50. He feels the costs to
process home occupations require the same amount of staff
time, so should be consistent with others.
Deputy Mayor Gates requested information from the Finance
Director relating to receipt of sales tax revenues for
1990, which funds could be used as start-up monies for
the fee registration process. Mr. Moir indicated the
1990 tax revenues were $60,000 more than anticipated.
Councilmember Webster said he would vote in favor of the
amendment, and also will be proposing a motion to
reconsider the business registration ordinance, in order
to reflect home occupation fees be consistent with the
usual business registration fees.
Motion to amend Fee Resolution No. 91-46, setting all
fees at $15, passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Motion to approve amended Fee Resolution No. 91-46 passed
as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
MOTION FOR RECONSIDERATION/ORDINANCE NO. 91-86
Motion made for reconsideration of Business License
Ordinance No. 91-86 by Councilmember Webster; second by
Councilmember Marks. Motion passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Motion by Councilmember Webster to amend Business License
Ordinance No. 91-86 as follows: Page 6, paragraph 8,
Home Occupations--strike "one-half of"; second by
Councilmember Marks. For clarification, Councilmember
Handmacher explained that with the removal of "one-half
FEDERAL WAY CITY COUNCIL REGULAR SESSION
February 5, 1991 - Page 7
of", the last sentence of the paragraph has no benefit
and should be deleted; Ms. Driscoll concurred. For
clarification purposes, Councilmember Webster accepted
the suggested deletion as part of his amendment;
Councilmember Marks also accepted the deletion.
Motion to amend Business License Ordinance No.
passed as follows:
91-86
Handmacher
Gates
Marks
Webster
yes
yes
no
yes
Templeton
Ertel
Stead
yes
yes
yes
**
** (NOTE TO RECORD: Councilmember Marks originally
voted in favor of the amendment, but then requested he be
allowed to change his vote since he opposes the
ordinance; Councilmembers allowed his request--vote
changed. )
2.
Vision 2020 Resolution (Resolution No. 9l-47)
A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON,
REGARDING VISION 2020.
Mr. McFall called upon Larry Springer, Plans Manager, to
give short presentation.
Motion to approve Vision 2020 Resolution No. 91-47 by
Councilmember Webster; second by Councilmember Stead.
Motion passed as follows:
Handmacher yes Templeton yes
Gates yes Ertel yes
Marks yes Stead yes
Webster yes
3. Bond Sale Resolution (Resolution No. 91-48)
A RESOLUTION OF THE CITY COUNCIL OF FEDERAL WAY,
WASHINGTON, APPROVING AN OFFICIAL STATEMENT AND
CONFIRMING ACCEPTANCE OF A PROPOSAL FOR THE PURCHASE OF
BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $l2, 500,000,
AND FIXING THE INTEREST RATES ON SUCH BONDS.
Mr. McFall commended Finance Director John Moir for his
excellent job on the bond sale. Mayor Ertel also thanked
Mr. Moir for his work; Councilmember Templeton said
citizens should be proud of the accomplishments of City
Offices.
FEDERAL WAY CITY COUNCIL REGULAR SESSION
February 5, 1991 - Page 8
Mr. Moir extended his appreciation and commended the
Council for their perseverance on this issue. He
explained that three bids were received, with the lowest
being submitted by SeaFirst Bank & Associates, at a true
interest cost of 6.8209%, which rate is better than AA
rates at the current market value and is very
competitive. He further explained that staff recommends
approval of the proposal submitted by SeaFirst.
Motion by Deputy Mayor Gates to approve award of the bond
bid to . SeaFirst Bank & Associates; second by
Councilmember Handmacher. Motion passed as follows:
Handmacher yes
Gates yes
Marks no
Webster yes
IX. COUNCIL BUSINESS
1. Legislative Agenda
Templeton
Ertel
Stead
yes
yes
yes
councilmember Handmacher said he was unable to attend
last week's study session and hasn't been able to review
the subject documents, and would like them placed on a
later agenda for discussion. Mr. McFall said it can be
held over to a later date without any problem.
Councilmember Stead requested more complete information
already received from SCA be included with the next
agenda.
X.
CITY MANAGER REPORT
Mr. McFall reported the remainder of the City Staff moved
into the second level offices last week. The open house
and first birthday celebration is scheduled for February
28th from 6:00-8:00 p.m. at City Hall.
Mr. McFall reminded the Council that he and other
staffmembers will be traveling to olympia wi th the
Chamber of Commerce on Thursday; they will be leaving at
6:30 a.m., and will be gone most of the day. He
encouraged Councilmembers to attend, if at all possible.
XI.
CITY COUNCIL REPORTS
Councilmember Handmacher, Chair of Planning/Public
Works/Transportation Committee had nothing to report.
FEDERAL WAY CITY COUNCIL REGULAR SESSION
February 5, 1991 - Page 9
Councilmember Templeton reported he would like to see a
senior Center program, i. e., transportation and location,
be a priority item this year.
Deputy Mayor Gates, Chair of Administration/public
Services Committee, announced cancellation of the
February 8th meeting, with it being rescheduled to
February 14th at 7: 30 a.m.; agenda will be ethics
resolution, massage ordinance, criminal and traffic code
and comp benefits study.
Councilmembers Marks and Stead had no reports.
Councilmember Webster, Chair of Parks/Recreation/Human
Services, reported his commi ttee will meet tomorrow
morning at 7:30 a.m.; agenda will be open space and comp
plan update.
XII.
AUDIENCE COMMENT
Randall Caverly, 28241-27th Avenue South, Federal Way,
concluded his earlier statements regarding day care.
XIII.
ADJOURN
There being no further business to come before the
council, Mayor Ertel adjourned the Regular Session at
8:40 p.m..
Ì]~
Deputy city Clerk