Council MIN 03-05-1991 Regular
FEDERAL WAY CI1Y COUNCIL
REGULAR SESSION MINUTES
March 5, 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 7:03 p.m., on the 5th day
of March, 1991, in Council Chambers, City Hall, Federal
Way, Washington.
II.
PLEDGE OF ALLEGIANCE
Councilmember Handmacher led the Council, City Staff and
audience in the flag salute.
ill.
COUNCIL ROLL CALL
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.
Also present: City Manager J. Brent McFall, City
Attorney Sandra Driscoll, City Clerk Maureen Swaney,
Deputy City Clerk Chris Green.
IV.
AUDIENCE COMMENT
Nancv Ise, 289l0-12th South, Federal Way, who recently
traveled to Russia with an arts group, brought back
greetings to the City of Federal Way from officials of
Kazan, Russia. She expressed appreciation to the city
Council for the formation of the newly established Arts
Commission.
Rav Schow, 29837-45th Avenue South, Auburn, spoke in
opposition to the proposed Criminal Code Ordinance, as he
feels police costs will increase; he also opposes "jay
walking" penalties in the code. Mr. McFall explained jay
walking is not part of the Criminal Code, but rather the
Traff ic Code, which is currently under study in the
Administration/ Public Safety Council Committee. Deputy
Mayor Gates confirmed that issue will be discussed at the
next committee meeting.
ORIGINAL
FEDERAL WAY CITY COUNCIL MINUTES
March 5, 1991 - Page 2
v.
CONSENT AGENDA
A.
B.
C.
D.
Approval of Minutes
Approval of Voucher
Appointments to Arts Commission
Growth Management Agreement
Counci1member Webster pulled Item #C from the Consent
Agenda, as he would like to acknowledge and introduce the
new commission members.
Deputy Mayor Gates corrected page 8, February 19, 1991
minutes, to reflect the YMCA is sponsoring the Teen
Program.
Motion by Councilmember Handmacher to approve the Consent
Agenda with the noted changes; second by Councilmember
stead. Motion passed as follows:
Handmacher
Gates
Stead
Marks
yes Templeton
yes Ertel
yes Webster
excused absence
yes
yes
yes
Mayor Ertel announced that proposed members of the newly
formed Arts Commission are in the audience, and asked
Councilmember Webster if he would like to introduce them.
Motion by Councilmember Webster to approve the
appointments of the following persons and terms of off ice
to the City's Arts commission, and asked those present to
stand and be individually acknowledged, to-wit:
1Wœ
LENGTH OF TERM/EXPIRATION DATE
Mareen Fisher
Nancy Ise
shirley Mitchell
E. Louise Porter
Patrick Fullmer
Robert Ratcliffe
Toska Rodriguez
Joan Tabrum
Jeanne Burbidge
Faye Clerget
Nancy Jones
One year/January 1, 1992
One year/January 1, 1992
One year/January 1, 1992
One year/January 1, 1992
Two years/January 1, 1993
Two years/January 1, 1993
Two years/January 1, 1993
Two years/January 1, 1993
Three years/January 1, 1994
Three years/January 1, 1994
Three years/January 1, 1994
FEDERAL WAY CITY COUNCIL MINUTES
March 5, 1991 - Page 3
Second to the motion by Councilmember Stead.
passed as follows:
The motion
Handmacher
Gates
Stead
Marks
yes Templeton
yes Ertel
yes Webster
excused absence
yes
yes
yes
VI.
RESOLUTIONS
A.
Investment Authorization (Resolution No. 91-51)
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.
Finance Director John Moir presented an explanation to
the proposed resolution, and answered questions directed
by Councilmembers Stead, Handmacher and Webster.
Motion by Councilmember Stead to approve Resolution No.
91-51; second by Deputy Mayor Gates. Motion passed as
follows:
Handmacher yes Templeton yes
Gates yes Ertel yes
Stead yes Webster yes
Marks excused absence
B. Hampstead Green #1 Final Plat (Resolution No. 91-52)
A RESOLUTION OF THE CITY OF FEDERAL WAY, WASHINGTON,
APPROVING THE FINAL PLAT OF HAMPSTEAD GREEN #1,
DESIGNATED AS KING COUNTY BUILDING AND LAND DEVELOPMENT
FILE NO. 786-22.
Senior Planner Stephen Clifton presented City Staff's
recommendation to assist the Council in their review of
Conditions 9(b) and 9(c), as set forth in his memorandum
dated February 27, 1991. He also provided overhead
visual maps of the subject area while responding to
questions by several Councilmembers. Mr. Clifton
explained the dedication of Tracts A and B to either the
City or the homeowners' association is for use as
recreation, wetland preservation and open space; he said
the City of Federal Way, not King County, would act as
the lead agency. Under Condition 11, Mr. Clifton said a
fee in lieu of was previously paid to King County, but he
FEDERAL WAY CITY COUNCIL MINUTES
March 5, 1991 - Page 4
doesn't know the specific amount. Mr. McFall explained
that fee will be retrieved from the County in due
process.
Mr. Clifton also answered questions regarding swales and
biofiltration, and explained there will be water/oil
separators installed to filter run-off from streets,
roofs, etc.. He further explained the developer is
required to furnish a performance bond during
construction and a maintenance bond for an additional
two-year period.
In response to Councilmember Handmacher's question
regarding ownership of Tracts A and B, City Attorney
Sandra Driscoll advised the Council has the option of
placing the maintenance responsibility with either the
homeowners' association or the city. Mr. McFall noted
Acting Public Works Director Ken Nyberg stated City Staff
would prefer having full control of both tracts, in order
to guarantee they are properly maintained in the future,
as opposed to having the homeowners' association maintain
them. Mr. McFall said under provision (a) of the hearing
examiner's decision, Tract A could be dedicated to the
City of Federal Way.
Motion by Councilmember Handmacher to approve Resolution
No. 91-52 "Hampstead Green #1 Final Plat", with the
additional condition that Tracts A and B shall be
dedicated to the City of Federal Way; second by
Councilmember Templeton. The motion passed as follows:
Handmacher yes Templeton yes
Gates yes Ertel yes
Stead yes Webster yes
Marks excused absence
VII. PUBUC HEARING
Underground Ordinance (Hearing/Introduction)
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
REGULATING FOR THE GENERAL WELFARE THE CONSTRUCTION OF
NEW AND THE CONVERSION OF EXISTING AERIAL ELECTRICAL OR
COMMUNICATION FACILITIES UNDERGROUND WITHIN THE CORPORATE
LIMITS OF THE CITY i PROVIDING CERTAIN MINIMUM
REQUIREMENTS AND PROCEDURES RELATING THERETO; REQUIRING
CONNECTIONS AND DISCONNECTIONS OF SERVICE AFFECTED
THEREBY AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF.
FEDERAL WAY CITY COUNCIL MINUTES
March 5, 1991 - Page 5
Mayor Ertel presented the first reading on the ordinance.
Engineer III Pearl Kronstad delivered the City staff
presentation on the proposed undergrounding requirements,
administration, procedures, enforcement, penalties and
costs with the aid of overhead projections, as well as
slides of various locations showing existing overhead vs.
underground facilities.
Mayor Ertel opened public comment at 8:01 p.m.
Fred Miller, 10118 Myers Way South, Seattle, Chairman of
Research for Overhead Wires in Highline District,
supports undergrounding legislation for public health and
safety.
Glen Hair, 31813-21st Avenue S.W. #25, Federal Way, is a
member of puget Power's panel looking at underground
facilities; he supports such facilities and reported
puget Power has slides and information available to the
public.
Kathi Willis, 1905 Overview Drive N.E., Tacoma, U. S.
West Communications, opposes undergrounding because of
cost to citizens; she does support the council and
offered her services to the City.
H. David Kaolan, 30240-27th Avenue South, Federal Way,
cautioned the Council about Mr. Miller's statistics; he
feels if undergrounding is done, it would be a good time
to put sidewalks in those areas.
Tom Manley, 515 South l36th, Seattle, supports
underground facilities; he read Senate Bill information.
David Harris, 30417-2lst Avenue S.W., Federal Way,
opposes undergrounding because of citizen cost; also
concerned that landscaping will be disturbed during
construction.
Kristine Perry, 2235 S.W. 3l3th, Federal Way, is
concerned about areas with no sidewalks, sewers, etc..
ci ty Manager McFall explained the proposed ordinance does
not envision a general replacement program for all
facilities, but only for those existing lines requiring
replacement, as well as new construction.
FEDERAL WAY CITY COUNCIL MINUTES
March 5, 1991 - Page 6
Glen Hair asked for the opportunity to respond to some
citizen concerns, i.e., landscaping disturbance and
disruption of service; he explained that with new
technology, landscaping will not be disturbed, and most
service interruptions should be limited to 30 minutes.
There being no further comment, Mayor Ertel closed the
public hearing at 8:34 p.m..
Councilmember Handmacher reported the Planning/public
Works Committee will meet next Monday, March 11th, at
7:00 p.m., and will further discuss the undergrounding
issue at that time.
VIII .
ENACTMENT ORDINANCE
criminal Code (Ordinance No. 91-89)
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
ADOPTING A CRIMINAL CODE AND PROVIDING FOR THE PENALTIES
FOR VIOLATION THEREOF.
Motion by Councilmember Templeton to approve Criminal
Code Ordinance No. 91-89; second by Councilmember
Webster. Motion passed as follows:
Handmacher
Gates
Stead
Marks
yes Templeton
yes Ertel
yes Webster
excused absence
yes
yes
yes
IX.
CITY MANAGER REPORT
Mr. McFall introduced Philip Keightley, the city's
recently hired Public Works Director. He reported City
Staff has been actively working on renewal of the King
County Police contract and is attempting to resol ve
issues as soon as possible.
x.
COUNCIL REPORTS
Councilmember Webster reported the Parks/Recreation/
Human Services Council Committee will meet tomorrow
morning at 7:30 a.m.; agenda will be Open Space/lAC Grant
Application/Comprehensive Plan. He also inquired about
a date for the Council Retreat. Mr. McFall said it will
probably be scheduled for April or early May--he will
provide some alternate dates in the near future.
FEDERAL WAY CITY COUNCIL MINUTES
March 5, 1991 - Page 7
Councilmember Stead said the F.A.A. has concluded a third
runway for SeaTac Airport is not feasible. He will keep
the Council updated as problems and solutions are
discussed in committee.
Deputy Mayor Gates reported this Friday's
Administration/Public Safety Council Committee has been
canceled and tentatively rescheduled for March 15th;
agenda to cover .08 Intoxication Level/Initiative and
Referendum Legislation/Classification Study Update (and
possibly the Traffic Code).
Councilmember Templeton reported there was another
terrible automobile accident at 8th Avenue South and Dash
Point Road. There have been possibly three fatals at
that location in approximately three months. He would
like to see something done about that dangerous roadway
as soon as possible.
Councilmember Handmacher reported the Planning/Public
Works/Transportation Council Committee will meet next
Monday night at 7:00 p.m.; agenda to include underground
facilities.
Mayor Ertel reported on discussions at the last Regional
Governance summit and distributed agenda information on
the upcoming March 13th meeting, which will be the final
meeting. There will be a retreat March 22-23. She also
reported there is a SCA summit meeting tomorrow night to
make some major decisions prior to the retreat.
Councilmembers Handmacher and Templeton expressed their
concerns about the Regional Governance project, and said
they feel it may have been a waste of time for everyone.
Mayor Ertel reported she will be attending a mass transit
conference in May.
Deputy Mayor Gates complimented City Staff on a very
successful "1st Birthday" open house last week. Mayor
Ertel also thanked everyone for their contributions and
said she heard many positive remarks from citizens who
toured the City's new facilities. Mr. McFall reported
there were approximately 300-400 people in attendance.
Councilmember Stead requested tonight's record reflects
an excused absence for Councilmember Marks.
FEDERAL WAY CITY COUNCIL MINUTES
March 5, 1991 - Page 8
XI.
AUDIENCE COMMENT
XII.
ADJOURNMENT
No additional public comment.
There being no further business to come before the City
Council, Mayor Ertel adjourned the Regular Session at the
hour of 8:59 p.m..
N Chr1st1ne Green
Deputy City Clerk