Council MIN 04-02-1991 Regular
CITY COUNCIL MEETING MINUTES
City of Federal Way
33530 First Way South
Federal Way, WA 98003
Apri12, 1991 - 7:00 P.M.
I.
CALL MEETING TO ORDER
Mayor Ertel called the meeting to order at the hour of 7:02 p.m.,
on the 2nd day of April, 1991, in City Council Chambers, City of
Federal Way, 33530 First Way South, Federal Way, Washington.
II.
PLEDGE OF ALLEGIANCE
Councilmember Marks led the Council and audience in the Pledge of
Allegiance.
III.
COUNCIL ROLL CALL
Councilmembers present: Mayor Debbie Ertel, Councilmember Lynn
Templeton, Deputy Mayor Mary Gates, Councilmember Joel Marks,
Councilmember Bob Stead and Councilmember Jim Webster.
Councilmembers absent: councilmember Jim Handmacher (excused
absence).
Others present: J. Brent McFall, City Manager, Sandra Driscoll,
City Attorney and Maureen Swaney, City Clerk.
IV.
CITIZEN COMMENT
Jerry Parisi, 28636 Redondo Beach Drive South, told the Council he
was concerned with traffic if King County rebuilt Beach Drive. He
said his preference is to allow only pedestrian traffic and
construct a park.
Bob Juranich, 27625 10th Avenue South, concurred with the comments
from Mr. Parisi.
Gene White, 28768 Redondo Beach Drive South, said he concurred with
the park proposal and suggested a committee be set up to review
broader scope. He reminded the Council about a presentation in the
morning before the Council Parks Committee.
Mike Berry, 28633 Redondo Beach Drive South, said he supported the
previous comments and that he was involved in a petition review
showing where people were coming from who used the road.
ORIGINAL
City Council Minutes
April 2, 1991
Page 2
Margaret Telford, 924 South 277th Place, said she concurred with
all earlier testimony.
Doug Christensen, 28758 4th Place South, said he shared everyone's
concern and also concurred with earlier statements. He said he
hoped the Councilmembers would listen because the area needs to
remain a public beach.
Paul Lyon, 28807 4th Place South, agreed with all statements and
added that the area children should be able to enjoy the beach, and
a park, without a road.
Samuel J. Elder, 30105 2nd Place SW, said he was a Redondo commuter
because the road was a way to get to work and now that the road is
not available, traffic is a mess. He continued by saying that the
Redondo residents knew the road was there when they moved in; that
the Redondo residents opposed Federal Way incorporation; that any
proposed park in that area would need a road anyway.
Lisa Richards, 28806 Redondo Way Drive, commented that with the
road closed the area is more accessible to the elderly and
handicapped. Ms. Richards commented on environmental issues and
Native American treaties. She urged the Resolution be tabled at
this time.
Grant Steele, 28764 Redondo Beach Drive, asked the Council to hold
off on the Resolution until after the Parks Committee presentation.
V.
CITY MANAGER REPORT
Mr. McFall introduced Bill Ewing, representing Ewing and
Associates, consultants for the Pay and Classification Study. Mr.
Ewing told the Council the three objectives of the study would
encompass job descriptions, salary surveys and benefit data. He
explained how the advisory committee was working; this committee
included staff members and community representatives who will
provide feedback. He said the study will be completed by June 28,
1991. Mr. Ewing said the Council may be asked for some policy
decisions such as who to survey in the market and compensation
issues.
VI.
CONSENT AGENDA
A.
B.
C.
Voucher
Computer Equipment Purchase
Authorize City Council Special Session Meeting
on April 16, 1991, at 6:00 P.M.
City Council Minutes
April 2, 1991
Page 3
D.
Human Services Needs Assessment
Motion to approve the Consent Agenda by Councilmember Templeton;
Second by Councilmember Stead. Motion passed as follows:
Gates
Marks
Webster
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Templeton
Excused Absence
Yes
Yes
VII.
ENACTMENT ORDINANCES
A.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
ADOPTING A TRAFFIC CODE AND PROVIDING FOR PENALTIES
FOR VIOLATIONS.
Tony McElroy, 6431 Corson Avenue South, Seattle, told the Council
he was a state trooper and breath test technician for Dr. Logan who
is the State Toxicologist. Mr. McElroy said he had participated in
numerous drunk driving arrests and he would concur with the level
being .08; he said the average arrest level was 1.7.
Bob Alexander, 1513 16th Avenue East, Seattle, representing
Advocates for Highway Safety and an employee of Safeco Insurance
Company, reviewed statistics on fatalities from drinking and
driving. Mr. Alexander urged the Council to pass this ordinance
and complimented them for their consideration of a model program.
Mel Sorenson, representing the National Association of Independent
Insurers and an attorney at law, said he supported the .08 level
and concurred with the remarks made by Mr. Alexander. He said he
would hope to gain support to implement a .04 for minors. Mr.
Sorenson told the Council that the .08 level is already the legal
limit in California, Oregon, utah and Maine. He concluded by
saying the passage of the ordinance would be good policy.
Nancy Wildermuth, representing American Insurance Association and
an attorney at law, said her association supports the .08 proposal
and said a major reason is to reduce the costs to consumers.
The Council was told that a representative from Group Health was
unable to attend but they do support the .08 standard.
councilmember Stead moved to enact the Traffic Code Ordinance;
Second by Deputy Mayor Gates.
Councilmember Stead said during the time he served as a District
Court Judge the level had gone from 1.5 to 1.0 and is convinced
City Council Minutes
April 2, 1991
Page 4
that dropping the level to .08 is right and a good policy - it is
a real move forward.
Councilmember Webster asked that the documents handed out this
evening relating to the .08 issue be made a part of the record.
Councilmember Stead agreed to add this request to his original
motion as a friendly amendment.
Mayor Ertel complimented Carolyn Lake, Assistant City Attorney, on
the excellent packet materials and said she supported the. 08
level.
Deputy Mayor Gates said she, too, is supportive and this is a
chance for the Council to take a position for citizen safety.
Councilmember Templeton received confirmation from Mr. McFall that
the ordinance was amended since the last meeting relating to the
cycling issue.
Motion to approve enacting Ordinance No. 91-91 passed as follows:
Gates
Marks
Webster
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Templeton
Excused Absence
Yes
Yes
VIII.
RESOLUTIONS
A.
A RESOLUTION OF THE CITY OF FEDERAL WAY, ESTABLISHING A
CODE OF ETHICS FOR CITY COUNCIL, CITY MANAGER AND CITY
EMPLOYEES
Motion for approval by Councilmember Webster; Second by
Councilmember Stead. Ms. Driscoll briefly explained the amendments
made to this Resolution based previous on Council direction.
Councilmember Templeton, being a salaried employee of a non-profit
organization, was told that the Resolution would not conflict with
his employment.
Motion passed as follows to adopt Resolution No. 91-54:
Gates Yes Handmacher Excused Absence
Marks Yes Stead Yes
Webster Yes Templeton Yes
Ertel Yes
city Council Minutes
April 2, 1991
Page 5
B.
A RESOLUTION OF THE CITY OF FEDERAL WAY, RELATING TO
REDONDO BEACH DRIVE
Motion for approval by Councilmember Templeton; Second by
Councilmember Stead. Councilmember Webster moved to table this
Resolution until sometime in the future to allow a better
opportunity to look at alternatives based upon this evening's
testimony; the parks comprehensive plan shows a park deficiency and
a review needs to be done before the land is lost; the Council
needs to be careful before advocating replacing the road; Second by
Councilmember Stead.
Councilmember Stead asked if he might make a friendly amendment to
table this issue until the next meeting (April 16, 1991). He said
both Police and Fire support replacing the road for public safety
reasons; the Council needs to take a long and hard look at the
responses received by Paul Barden; a decision needs to be made on
the Resolution in the next two weeks and if it is longer then he
will have to vote "no" on the tabling motion. Councilmember
Webster said he would take the time certain suggestion as a
friendly amendment to his motion to table.
Councilmember Templeton said the record needs to reflect that the
road in question is not within the City boundary and the Resolution
is only advisory.
Motion to table Resolution until April 16, 1991 passed as follows:
Gates Yes Handmacher Excused Absence
Marks Yes Stead Yes
Webster Yes Templeton Yes
Ertel Yes
Mr. McFall said he would circulate the requested information to the
Council as soon as possible.
C.
A RESOLUTION OF THE CITY OF FEDERAL WAY, RELATING TO
REPRESENTATION ON THE MUNICIPALITY OF METROPOLITAN
SEATTLE COUNCIL
Motion to approve by Deputy Mayor Gates; Second by Councilmember
Webster. Mayor Ertel recommended Councilmember Handmacher serve
with her.
City Council Minutes
April 2, 1991
Page 6
Motion to pass Resolution No. 91-55 passed as follows:
Gates
Marks
Webster
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Templeton
Excused Absence
Yes
Yes
D.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, OPPOSING THE CONSTRUCTION OF A 3RD
RUNWAY AT SEA-TAC AIRPORT
Motion to approve by Councilmember Stead; Second by Councilmember
Templeton. Councilmember Webster asked questions on whether the
Council should oppose "expansion" as set out in the Resolution
which could mean expansion of exiting facilities. Councilmember
Webster moved to amend the motion by striking the words "or
expansion." Mayor Ertel announced that a public hearing was set
for April 3, 1991 relating to these issues. councilmember Stead
said he hadn't heard anything during the previous meetings he had
attended that related to expansion as being an option - only a
third runway. Councilmember Stead seconded the amendment proposed
by Councilmember Webster. Councilmember Stead agreed to accept the
language proposed by Councilmember Webster as a friendly amendment
and there was no need to amend the original motion.
Councilmember Templeton said he grew up near the airport and his
family home is gone due to the airport growth; he said the airport
is soon to be at capacity and the issue could be one of safety. He
said he is not fond of adding runways, but to eliminate the option
in lieu of safety, might be a question.
Councilmember stead said the Resolution was appropriate because
other options had not been exhausted; these other options need to
be reviewed.
Deputy Mayor Gates suggested the Resolution set forth the suggested
of looking at other options instead of only stating opposition to
a third runway.
Councilmember Webster said he supported Resolution because there is
a need to solve a long-term problem. Mayor Ertel agreed.
Motion to pass Resolution No. 91-56 passed as follows:
Gates Yes Handmacher Excused Absence
Marks Yes Stead Yes
Webster Yes Templeton No
Ertel Yes
City Council Minutes
April 2, 1991
Page 7
It was confirmed that either a Councilmember or City staff member
would be at the April 3, 1991 hearing and read the amended
Resolution into the record.
E.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATING TO PARKS AND PUBLIC FACILITIES,
CREATING A POLICY AND PROCEDURE FOR NAMING/RENAMING CITY
PARKS AND FACILITIES
Motion to approve by Councilmember Marks; Second by Councilmember
Webster. Councilmember Webster said the issue of this Resolution
may seem insignificant but naming a park can be a serious community
situation and by having a policy now will save future headaches and
he urged adoption. Deputy Mayor Gates said she is supportive after
the aquatic center naming issue. Mayor Ertel asked for
clarification on item C-3.
Councilmember Webster moved to table this Resolution until the end
of tonight's meeting; Second by Deputy Mayor Gates. Motion passed
as follows:
Gates
Marks
Webster
Ertel
IX.
A.
Yes
Yes
Yes
Yes
Handmacher
Stead
Templeton
Excused Absence
Yes
Yes
INTRODUCTION ORDINANCES
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING FEDERAL WAY ZONING CODE (ORDINANCE NO. 90-43)
BY ADDING A NEW SECTION 15.80, PERTAINING TO THE SUBURBAN
ESTATE ZONE, AND ADDING A NEW SECTION 20.75 PERTAINING TO
THE RS 7.2, RS 9.6 AND RS 15.0 DISTRICTS WITHIN THE
SINGLE FAMILY RESIDENTIAL ZONE, TO ALLOW CEMETERIES AS A
PERMITTED USE; AND BY ADDING A NEW SECTION 45.75,
PERTAINING TO THE COMMUNITY BUSINESS ZONE AND A NEW
SECTION 55.45, PERTAINING TO THE OFFICE PARK ZONE, TO
ALLOW CREMATORIUMS, MAUSOLEUMS AND COLUMBARIUMS AS
PERMITTED USES; AND BY AMENDING SECTION 3.10, TO ADD THE
DEFINITION OF CEMETERY
Mayor Ertel read the title of this proposed Ordinance. Larry
Springer, Plans Manager, told the Council that cemeteries had been
omitted as a permitted use from Zoning Code. He said the Council
packet contained two ordinances: the prime ordinance is
recommended by the Planning commission and a different, or
substitute, Ordinance is recommended by the Council Committee.
city Council Minutes
April 2, 1991
Page 8
The Council agreed this ordinance should be on the April 16, 1991
City Council meeting agenda for enactment.
B.
AN ORDINANCE OF THE CITY OF FEDERAL WAY, ESTABLISHING
THE FEDERAL WAY PARKS AND RECREATION COMMISSION;
PROVIDING FOR THE ORGANIZATION, SPECIFYING THE DUTIES AND
FUNCTIONS THEREOF
Mayor Ertel read the title of this Ordinance. Steve Anderson,
Assistant City Manager, reviewed the purpose of the proposal. He
said this commission would replace the Parks Comprehensive Plan
Task Force when their job is completed. He reviewed the committee
structure and length of terms. There was discussion on the
responsibility of the Commission.
The Council agreed this ordinance should be on the April 16, 1991
City Council meeting agenda for enactment.
x.
COUNCIL BUSINESS
A.
Public Defender Contract
Ms. Driscoll reviewed the proposed contract. She introduced Jack
Hill from Assigned Counsel. He said he was enthusiastic with the
opportunity to provide defense work for the City of Federal Way.
He mentioned he had not been aware that custody arraignments would
take place in Seattle. Councilmember Templeton asked if contract
changes would be requested because of the in-custody costs and
location. Mr. Hill said he would hope to modify the situation by
holding the arraignments closer to Federal Way which would be more
workable. Mr. Hill continued by saying that pierce County is
pleased to assist Federal Way in establishing their criminal
justice system.
Councilmember Stead moved to authorize the city Manager to enter
into the public defender contract; Second by Councilmember
Templeton. Councilmember Templeton complimented Ms. Driscoll and
Mr. McFall on the work they did to obtain this contract.
Motion passed as follows:
Gates
Marks
Webster
Ertel
Yes
Yes
Yes
Yes
Handmacher
Stead
Templeton
Excused Absence
Yes
Yes
city Council Minutes
April 2, 1991
Page 9
XI.
CITY MANAGER REPORT CONTINUED
Mr. McFall said he has no further city Manager Report.
XII.
COUNCIL REPORTS
Councilmember Webster reminded the Council of the Council Parks
Committee meeting to be held Wednesday morning, April 3, 1991, at
7:30 a.m. and that the Redondo Park issue would be presented.
Councilmember Stead said he had no report this evening.
Councilmember Marks said he had attended both Arts Commission
meetings and they are on a fast-track - reviewing motel/hotel tax.
Councilmember Gates said no Council Administration meeting would be
held this week - the next meeting is set for April 19, 1991 at
which time there will be discussion on the Council Rules and
Procedures and the Long Range Plan from the Fire Department.
Councilmember Templeton said he attended a Roundtable on March 20,
1991 which was chaired by Norm Rice. He said he will circulate
materials from that meeting this week. Councilmember Templeton
said a retreat is planned in May, and, monthly meetings will start
in May, 1991.
In response to a question from Councilmember Templeton, Mr. McFall
gave the Council an update on the Business Registration Program.
Mayor Ertel said the Summit wrapped up and copies of information
will be provided to the Council; the show is going on the road for
the next six weeks and then a decision will be made where to take
it from there. Councilmember Stead said his hat is off to the
Mayor for all of her work relating to this matter. Councilmember
Templeton concurred and mentioned the hours put in to participate
in the meetings.
XIII.
RESOLUTION CONTINUED
Mr. Anderson reviewed some recommended language to amend the
Resolution based on earlier Council discussion.
Councilmember Templeton moved to adopt the Resolution with the
amended language; Second by Councilmember Webster.
City council Minutes
April 2, 1991
Page 10
Motion to adopt Resolution No. 91-57 passed as follows:
Gates Yes Handmacher Excused Absence
Marks Yes Stead Yes
Webster Yes Templeton Yes
Ertel Yes
Mr. Anderson announced that the Arts Commission meeting is going to
be April 11, 1991 and not April 4, 1991.
Ms. Driscoll introduced Tim Jenkins who is the City's Prosecuting
Attorney.
Councilmember Templeton expressed condolences to the Kansas Jayhawk
basketball fans in the audience.
XIII.
CITIZEN COMMENT
There was no additional citizen comments.
XIII.
ADJOURNMENT
The meeting adjourned at the
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aureen M. SwaneYl CMC
City Clerk