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Council MIN 07-05-1994 Regular 1. FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall July 5, 1994 - 7:00 P.M. MINUrES CALL MEETING TO ORDER Mayor Gates opened the regular meeting of the Federal Way City Council at 7:02 p.m., in Council Chambers, City Hall, Federal Way, Washington. City Council present: Mayor Mary Gates, Deputy Mayor Phil Watkins, Councilmembers Ray Tomlinson, Skip Priest, Bob Stead, Hope Elder. Mayor Gates announced Councilmember Gintz will arrive late. City Staff present: City Manager Ken Nyberg, City Attorney Carolyn Lake, Deputy City Clerk Chris Green. ll. PLEDGE OF ALLEGIANCE Councilmember Stead led the flag salute. ill. CITIZEN COMMENT John Metcalf - opposed to aggressive begging ordinance; M.C. Scheerer - opposed to city funding for arts and Panther Lake project, as he feels road improvements should take precedence; Nancy Ise, Arts Commissioner - supports 2 % for the arts. Mayor Gates responded to citizen concerns. IV. CONSENT AGENDA a. b. c. d. Voucher/July 5, 1994 Minutes/June 21, 1994 Accept/File May 1994 Financial Report Enactment Ordinance/Council Bill #91/Aggressive Begging APPROVED ORDINANCE NO. 94-214 Enactment Ordinance/Council Bill #92/Telephone Harassment APPROVED ORDINANCE NO. 94-215 Extension of Term/Ethics Board Member APPROVED EXTENSION OF DA VID LARSON'S TERM UNTIL REPLACEMENT APPOINTED ) e. f. COpy FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 5, 1994 - Page 2 g. Planning Commission Appointments APPROVED REAPPOINTMENT OF COMMISSIONERS RICK FEUTZ, G. DUANE DENNY AND DIANA NOBLE-GULLIFORD FOR TERMS EXPIRING JUNE 30, 1997 Motion by Councilmember Stead to approve all consent agenda items; second by Deputy Mayor Watkins. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes v. INTRODUCTION ORDINANCE Council Bill #94/2 % for the Arts AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ART IN PUBLIC PLACES, ESTABLISHING A POLICY OF PERCENT FOR PUBLIC ARTS FUNDING, AND AMENDING FEDERAL WAY CITY CODE BY ADDING A NEW CHAPTER. Mayor Gates presented introduction reading of the proposed ordinance. Motion by Councilmember Stead to schedule enactment of Council Bill #94 for July 19 agenda; second by Council member Tomlinson. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes VI. COUNCIL BUSINESS a. Regional Transit Authority (RT A) Briefing Chuck Kirchner, representing the Regional Transit Authority, presented Phase I study options and responded to Council inquiries. Councilmember Gintz arrived at 7:35 p.m.. -,,' FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 5, 1994 - Page 3 b. Panther Lake Project Update Deputy Public Works Director Cary Roe presented a slide show, updated Council on the project and answered a variety of questions. Councilmember Gintz suggested the City work in concert with King County to establish a walking trail between the Aquatic Center facility and the Panther Lake project. Mayor Gates suggested the Parks and Recreation Council Committee review the feasibility of the creating such a trail. c. Solid Waste/Recycling Rate Review Mr. Roe presented a brief overview of the proposed solid waste/recycling rate increases with Federal Way Disposal, and reviewed the Finance/Economic Development Committee's following recommendations: 1. Concurrence with methodology and resulting proposed rate increase. 2. FWD will operate at a loss in 1994 if a rate increase does not take place, therefore, any adopted rate increase should take effect at the earliest practical date. 3. Institute a $20 charge for seasonal re-delivery of yard waste containers to the same service address. 4. Extension of existing franchise agreement. 5. Establishment of a "pass-through" mechanism for future King County disposal fee increases to waste generators which elect to dispose of refuse rather than engaging in waste reduction activities and/or available recycling options. Motion by Council member Stead to approve recommendation items 1, 2, 3 and 5, with item 4 referred back to committee for review of other factors and rescheduled for full Council action at a later date; second by Councilmember Priest. Deputy Mayor Watkins moved for amendment by deleting item 3 from the main motion, referring item 3 back to committee for review; second by Mayor Gates. Amendment to the main motion failed as follows: Gates Tomlinson Gintz Priest yes no yes no Watkins Stead Elder yes no no "~"~ FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 5, 1994 - Page 4 Main motion to approve items 1, 2, 3 and 5, and refer item 4 back to committee for additional review prior to a vote of the full Council passed as follows: Gates Tomlinson Gintz Priest yes no no yes Watkins Stead Elder yes yes no The City Attorney was directed to prepare the necessary ordinance for emergency enactment and passage on July 19. d. Ethics Board Task Force Mayor Gates recommended the appointment of Councilmembers Stead, Watkins and Gintz to the task force; the task force also includes Ethics Board Members. The Mayor distributed a procedural outline for Council review, attached hereto as Exhibit" A" . Motion by Council member Elder to accept the recommendation for appointment of Councilmembers Stead, Watkins, Gintz and Ethics Board Members to the newly established Ethics Board Task Force; second by Councilmember Tomlinson. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes Vll. CITY MANAGER REPORT Mr. Nyberg reported on the upcoming visit by dignitaries from our Sister City of Hachinohe. The Council has been invited to a reception at the Browns Point Improvement Club in honor of the Japanese visitors on July 11. He thanked Parks staff for the success of the recent Red, White and Blues Festival. The City Manager reminded Council of the necessity for a 15-minute executive session prior to adjournment, with action anticipated. A Council budget retreat has been scheduled for a half day on July 20. He advised the emergency phone in chambers has now been installed and is programmed to direct dial the alarm company; the building maintenance personnel will clean chambers and arm the system following all Council meetings. VITI. CITY COUNCIL REPORTS Council member Tomlinson announced the Family Funland dedication is scheduled for July 10 at 4:00 p.m.. The Parks/Recreation Committee will next meet on July 11. The State has inquired about the City assuming responsibility for both the Hylebos and Dash Point State Parks. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 5, 1994 - Page 5 Councilmember Elder thanked Parks staff for their great job on recent civic festivities. The next meeting of the Human Services/Public Safety Committee is scheduled for July 7, with a special meeting scheduled for July 28 at 7:00 p.m.. Deputy Mayor Watkins also sent kudos to Parks staff for their recent success with the Red, While and Blues Festival. Council member Priest announced the Land Use/Transportation Committee will meet July 11 at 6:30 p.m.. Mayor Gates reminded Councilmembers of the need to reappoint citizen Rick Gardner to the Public Safety Task Force. Motion by Councilmember Priest to reappoint Rick Gardner to the Public Safety Task Force; second by Council member Elder. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes Motion by Councilmember Priest to recommend Council member Tomlinson's name be submitted to the Association of Washington Cities' for appointment to A WC's Employee Benefits Committee; second by Council member Elder. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes IX. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30. 1 10 (i) Mayor Gates recessed the regular meeting at 9:20 p.m., and announced a 15-minute executive session to discuss potential litigation pursuant to RCW 42.30. 110(i) , with action anticipated. At 9:35 p.m., Mr. Keightley announced a continuation of the executive session for an additional five minutes. Mayor Gates adjourned the executive session at 9:41 p.m., and reconvened the regular meeting. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 5, 1994 - Page 6 Motion by Council member Elder to advise the City Attorney to proceed with the City's Harbor Ridge appeal; second by Councilmember Tomlinson. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes no yes x. ADJOURNMENT There being no further business to come before the Council, Mayor Gates adjourned the regular meeting of the Federal Way City Coun 1 at the hour of 9:43 p.m.. N. ristine Green Deputy City Clerk To Council From Mary Gates Re Ethics Task Force Date July 5, 1994 I - Proposed procedure for appointment of alternate members to the Ethics Board in cases of recuse me nt, unavailability, etc. (May draw upon past members, among other options). 2. Consider request for subpoena power to enable the Ethics Board to compel testimony and documentation where necessary to fully and fairly investigate any written complaint properly before it. 3. Broadening of Code of Ethics regarding conflict of interest. 4. Editing changes which would clarify. 5. Council Rules of Procedure changes discussed with City Council Oversight Committee on May 31. Ideally, the Task Force would complete work on #1 and #2 above by July 19 City Council Meeting and the other 3 by the end of August. ll/1 // )C~HIKIT TT