Council MIN 02-19-1991 Regular
FEDERAL WAY CITY COUNCIL
REGULAR SESSION/PUBLIC HEARING MINUTES
February 19, 1991 - 7:00 P.M.
city Council Chambers - City Hall
33530 First Way South
Federal Way, washington
I.
CALL MEETING TO ORDER
Mayor Ertel called the Federal Way City council Regular
Session to order at the hour of 7:04 p.m., on the 19th
day of February, 1991, in council Chambers, city Hall,
Federal Way, Washington.
II.
PLEDGE OF ALLEGIANCE
Councilmember Stead led the Council and audience in the
flag salute.
III.
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.
IV.
AUDIENCE COMMENT
Mary Ehlis, 31009-49th Place SW, Federal Way, extended
appreciation to Councilmember Webster, Assistant City
Manager Steve Anderson and Recreation/Human Services
superintendent Cheri McCabe for their cooperation
regarding the City's co-sponsorship of "Family Fest".
Kevin Mitchell, 33320-10th Court SW, Federal Way, thanked
the City Council for their work on the criminal code,
however, he requested an amendment allowing firearm
shooting facilities within the City.
H. David Kaplan, 30240-27th Avenue South, Federal Way,
congratulated the City on its newsletter and suggested
community Councilmember names be listed.
ORIGINAL
FEDERAL WAY CITY COUNCIL MINUTES
February 19, 1991 - Page 2
VII.
V.
VI.
CONSENT AGENDA
A.
B.
C.
D.
Approval of Minutes
Approval of Voucher
Application for FEMA Funding/Disaster Assistance
Authorization for lAC Funding Application/Parks
Motion by Councilmember Stead to approve Consent Agenda;
second by Councilmember Templeton. Motion passed as
follows:
Handmacher
Gates
Marks
Webster
Templeton
Ertel
Stead
yes
yes
yes
yes
yes
yes
yes
INTRODUCTION/FIRST READING ORDINANCE
criminal Code Ordinance
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
ADOPTING A CRIMINAL CODE AND PROVIDING FOR THE PENALTIES
FOR VIOLATION THEREOF.
Mayor Ertel presented first reading on the ordinance.
Councilmember Webster requested an amendment to the
ordinance be drafted to permit firing ranges within the
City; Law Department will prepare such an amendment prior
to the second reading.
ENACTMENT ORDINANCE
Claims Ordinance (Ordinance No. 91-88)
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
ESTABLISHING A CITY CLAIMS PROCESS.
Motion by Councilmember Marks to approve Claims Ordinance
No. 9l-88; second by Councilmember Stead. Motion passed
as follows:
Handmacher
Gates
Marks
Webster
Templeton
Ertel
Stead
yes
yes
yes
yes
yes
yes
yes
FEDERAL WAY CITY COUNCIL MINUTES
February 19, 1991 - Page 3
VIII.
RESOLUTIONS
A.
Local Government Investment Pool Authorization
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, REPEALING RESOLUTION NOS. 90-20 AND
90-29 AND SPECIFYING THE OFFICERS AND PERSONS AUTHORIZED
TO INVEST AND WITHDRAW FUNDS OF THE CITY.
Motion by Councilmember Templeton to approve
Authorization Resolution; second by Deputy Mayor Gates.
Discussion: Councilmember Stead requested an explanation
of the background information, which was offered by City
Manager McFall. Councilmember Webster asked if the City
Manager could be given the authority to sign or designate
such signature, and Councilmember Handmacher questioned
types of bonds covering employees. The Law Department
will review the draft and make necessary changes.
Motion by Councilmember Handmacher to table passage of
the resolution until next meeting; second by Deputy Mayor
Gates. Motion passed as follows:
Handmacher yes Templeton yes
Gates yes Ertel yes
Marks yes Stead yes
Webster yes
B. Family Fest (Resolution No. 91-49)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DECLARING THE CITY'S INTENT TO CO-
SPONSOR THE "FAMILY FEST" EVENT.
Motion by Councilmember Webster to approve Family Fest
Resolution No. 9l-49; second by Councilmember Stead.
Discussion: Councilmember Marks said he feels this event
is a good function and he supports the idea, but will
vote against approval as he feels there are other
activities in need of assistance. Councilmember Webster
explained this decision does not preclude the City from
assisting other events in the community; he feels it is
important for the city to be involved with Family Fest
again this year. Deputy Mayor Gates agreed with
Councilmember Webster, and said she feels it is
appropriate for the City to support this particular
event. Councilmember Handmacher questioned amount of the
FEDERAL WAY CITY COUNCIL MINUTES
February 19, 1991 - Page 4
City's funding for the event; Mr. McFall explained no
specific amount has been determined at this time and
reported staff will be working with the committee to make
a recommendation.
Motion to approve Family Fest Resolution No. 91-49 passed
as follows:
Handmacher yes Templeton yes
Gates yes Ertel yes
Marks no Stead yes
Webster yes
C. Hampstead Green #1 Final Plat Approval
A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON,
APPROVING THE FINAL PLAT OF HAMPSTEAD GREEN #l,
DESIGNATED AS KING COUNTY BUILDING AND LAND DEVELOPMENT
FILE NO. 786-22.
Motion by Councilmember Stead to approve Hampstead Green
#1 Final Plat; second by Councilmember Templeton.
Discussion: Councilmember Handmacher requested a copy of
the original approval by King County, as well as more
complete floodplain information. Mr. McFall suggested
the resolution be tabled until the next meeting for
additional staff information.
Motion by Deputy Mayor Gates to table passage of the plat
approval resolution until the next regular meeting;
second by Councilmember Stead. Motion passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Mayor Ertel announced a change in the agenda order to
allow for the public hearing at this time.
IX.
PUBLIC HEARING
Application for proposed rezone of approximately 14 acres
from RS 9.6 to BC located at Northwest corner of SW 348th
st & 1st Ave So, being Application No. RZ-90-000l;
Applicant: Western Securities
FEDERAL WAY CITY COUNCIL MINUTES
February 19, 1991 - Page 5
Mayor Ertel declared public hearing open at 7:25 p.m..
Mr. McFall introduced Senior Planner Greg Fewins who gave
the staff presentation on the rezone application; he
explained the applicant is requesting a change in zoning
from residential single family to community business. He
further explained the Council is acting as hearing
examiner on this parcel since there were no examiners in
place at the time of the original application, and are
limited to making a decision on the merits of the
proj ect. Mr. Fewins reported City Staff recommends
approval, subj ect to the settlement and concomitant
agreements to be prepared by the City Attorney. He
further explained the Council can modify, grant or reject
the application. Mr. Fewins used overhead and slide
projections as visual aids for his presentation.
Councilmember Handmacher voiced his concern about surface
water problems with Panther Lake and surrounding areas,
and asked if SWM studies will require additional
information. Surface Water Manager Cary Roe answered in
the affirmative and explained the process will take
approximately two weeks. Councilmember Templeton asked
if the anticipated $2,000,000 improvement in the Panther
Lake area would be the responsibility of the city; Mr.
Roe explained no determination has been made at this
time, and further explained that this project is not
attributable to the surface water problems since it is
located downstream from the principal area. He feels the
developer has gone above and beyond the normal steps to
avoid drainage problems.
Mayor Ertel opened the hearing to audience comment:
Barb Gardner, 309 SW 321st, Federal Way, spoke in
opposition to the project; she is concerned about water
drainage and school bus problems.
Rebekah Reqan, 34436-8th Avenue SW, Federal Way,
elementary school student, spoke in opposition to the
project; she is concerned about school crossing safety in
the Panther Lake Elementary area.
Wallv Costello. P.O. Box 130, Bellevue, representing the
owner/developer, reported he is in attendance to answer
any questions the Council may have regarding the proj ect.
John Karl, 35620 Pacific Highway South, Federal Way,
expressed his concern about culvert sizes south of the
project and whether or not they are adequate to handle
drainage problems.
FEDERAL WAY CITY COUNCIL MINUTES
February 19, 1991 - Page 6
There being no further public comment, Mayor Ertel closed
that portion of the hearing at 8:01 p.m., and opened
council deliberations.
Motion by Councilmember Handmacher to table a decision
for approximately four weeks since there are no specific
answers regarding surface water problems, and he would
like to allow the City's Surface Water Management Staff
adequate time to compare drainage problems with those
identified by SWM; second by Councilmember Stead. City
Attorney Driscoll advised the council has 120 days to
make a decision.
Motion to table the application for the proposed rezone
until more complete surface water information is received
passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
Mayor Ertel concluded the public hearing at 8:04 p.m..
x.
COUNCIL BUSINESS
Legislative Agenda
Councilmember Stead said he is not in favor of the
section on Insurance/Tort Reform (page 11, paragraph 2);
Councilmember Handmacher agreed and further stated the
Council should move on the issue immediately.
Councilmember Webster concurred by saying the Council
needs to direct its recommendations to the 1991
legislature as soon as possible. He is concerned the
reference to "neighborhood parks" could be interpreted
differently between various agencies, and would not be
consistent with Federal Way's plan.
Motion by Deputy Mayor Gates to approve appropriate
changes to Federal Way's Legislative Proposal regarding
Insurance/Tort Reform and Neighborhood Parks; second by
Councilmember Templeton. Motion passed as follows:
Handmacher
Gates
Marks
Webster
yes
yes
yes
yes
Templeton
Ertel
Stead
yes
yes
yes
FEDERAL WAY CITY COUNCIL MINUTES
February 19, 1991 - Page 7
XI.
CITY MANAGER REPORT
Mr. McFall reported City staff has been working with the
City of Tacoma and Port of Tacoma Commissioners on
transportation issues, and will be scheduling a meeting
between those entities and the City Council in the near
future.
He reported next Tuesday's Study Session will be a joint
meeting between the Council and Planning Commission.
Mr. McFall called upon Assistant City Manager Nyberg to
give a brief report on recent storm water problems within
the city. Mr. Nyberg explained most of the current
problems are due to lack of maintenance, i.e., blockage
and silt; he used a visual overhead to show problem areas
following last winter's storm compared to the recent one.
Councilmember Templeton reported there was water over the
roadway on Star Lake Road between Mark Twain Elementary
and 272nd. Deputy Mayor Gates expressed her concern
about maintenance costs being charged to the City by the
County when those repairs are not adequate to eliminate
the problem. Mr. Nyberg reported he will be meeting with
County staff on Thursday to discuss such issues. Fire
District staff reported the recent rain did not cause a
problem on 1st Avenue, however, the November storm caused
a divers ion of traff ic and hampered the department's
ingress and egress from their property.
XII.
COUNCIL REPORTS
Councilmember Handmacher reported the next meeting of the
Planning/Public Works/Transportation Committee will be
Monday at 7:00 p.m.; agenda will be the work plan for the
Planning Commission and Council's joint meeting on
Tuesday. He reported that METRO is moving ahead on its
plans for H.O.V. lanes and mass transit up to 272nd, and
does not plan to extend that service into the City's
boundary area, and suggests the Council submit a
recommendation to METRO immediately.
Motion by Councilmember Handmacher to authorize the Law
Department to prepare a resolution indicating the City
requests an extension of H.O.V. lanes and high capacity
rapid transit to at least South 348th Street, in order to
provide for the major population of South King County and
Federal Way; second by Deputy Mayor Gates.
FEDERAL WAY CITY COUNCIL MINUTES
February 19, 1991 - Page 8
Discussion: Councilmember Stead expressed his concern
about adopting a resolution not previously listed on the
agenda, and feels a letter should be drafted immediately
and sent to METRO in lieu of a resolution. Councilmember
Handmacher explained the issue will probably go to a full
vote within the next one to two weeks, and feels the City
must forward its request to the sub-committee
immediately. Deputy Mayor Gates said she is concerned a
letter will only fall on deaf ears, and feels a strongly
stated resolution would be more effective. Councilmember
Handmacher pointed out the resolution itself is not
enough; all Councilmembers need to express their
individual feelings to METRO on the issue as well. Mayor
Ertel reported Auburn's Mayor Roegner represents the
South King County area, but needs additional support from
others. Councilmember Stead said he understands the
necessity of sending a resolution or letter, but doesn't
agree with the adoption of a resolution under the
circumstances.
Motion to prepare a Resolution Relating to METRO
Recommendations for Rapid Transit and Public
Transportation Alternatives (Resolution No. 9l-50) passed
as follows:
Handmacher
Gates
Marks
Webster
yes
yes
no
yes
Templeton
Ertel
Stead
yes
yes
no
Councilmember Templeton reported the Parks Committee will
discuss senior center interest at tomorrow's meeting. He
recently saw Ollie Moore, who sent a "hello" to Council
and Staff.
Deputy Mayor Gates reported the next meeting of the
Administration/Public Services Committee will be Friday;
agenda being criminal code, massage ordinance and update
on the comp benefits study. She also reported on the
teen program being sponsored by the YMCA; the center
should commence operation in March.
Councilmembers Marks and Stead had nothing to report on
committees at this time.
Councilmember Webster congratulated staff on tonight's
public hearing presentation. The Parks/Recreation/Human
Services committee will meet tomorrow at 7:30 a.m.;
FEDERAL WAY CITY COUNCIL MINUTES
February 19, 1991 - Page 9
agenda includes health care campus and Arts Commission
applicants. He announced he will be out of town next
week.
Mayor Ertel reported she attended the Regional Governance
meeting last week and the County has agreed that cities
need a voice and vote on issues. There will be another
meeting next Wednesday to again explain the information
to be proposed to citizens in approximately late May.
XIII.
AUDIENCE COMMENT
Mariorie Sears, 8l4 South 293rd, Federal Way, requested
the City enforce dog leash laws, as there are problems in
her neighborhood. Mr. McFall explained the City
contracts with King County for enforcement, but will have
staff address the issue. It will also be assigned to the
Administration/Public Safety Committee for review.
Alma Regan, 34436-8th Avenue SW, Federal Way, addressed
flooding problems, comparing last November's storm to the
recent one.
H. David Kaplan, 30240-27th Avenue, Federal Way, reported
the community council objected last year to METRO'S
recommendations for H.O.V. lanes and mass transit in the
South King County area.
John Karl, 35620 Pacific Highway South, Federal
inquired about increases/decreases in property
assessments within the City. Mr. McFall explained
County controls the assessments, the City controls
its tax levy rate.
Way,
tax
King
only
XIV.
ADJOURN
There being no further business to come before the
Council, Mayor Ertel adjourned the Regular Session at
8:45 p.m..
h(~~
N. Christine Green
Deputy city Clerk