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Council MIN 12-06-1994 Regular Minutes FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall December 6, 1994 - 7:00 P.M. ***** 1. CALL MEETING TO ORDER Mayor Mary Gates called the meeting to order at the hour of 7:02 p.m., December 6, 1994, in Council Chambers, Federal Way City Hall, 33530 1st .Way S, Federal Way, Washington. Council members present: Deputy Mayor Phil Watkins, and Councilmembers Tomlinson, Elder, Gintz, Priest and Stead. Staff present: Kenneth E. Nyberg, City Manager; Landi Lindell, City Attorney and Maureen Swaney, City Clerk. II. PLEDGE OF ALLEGIANCE Councilmember Stead led the flag salute. III. PRESENTATION SPIRIT A ward for Month of December Mr. Nyberg and Parks and Recreation Director, Jennifer Schroder, presented the group award plaque, to Brent Mason, who accepted on behalf of the recipients who volunteered their time to the Teen Program staff. The group was unable to attend this evening's meeting because they were in CPR training. IV. CITIZEN COMMENT Cynthia Sporleder, 2807 SW 341st Street, Federal Way, Washington, thanked the City and specifically Saeid Daniari, for the Saghalie Junior High School improvements. In a written request circulated to the Council, Ms. Sporleder requested additional considerations for safety be reviewed by the City. She continued addressing the City Council on behalf of a school security person who had been unable to attend; the issue was enhanced security measures. Ryan Case, 32903 11th Ave SW, Federal Way, Washington, urged conside;ffition of additional lighting in the aforementioned school area. Tammy Sandstrom, 2227 SW 332nd Street, Federal Way, Washington, requested review of additional lighting on 21st Avenue between 330th and 334th Streets, which relates to increased ~ðØ" City Council Meeting Minutes Page 2 - December 6, 1994 safety measures for Saghalie Junior High School. Deborah Morley, 30024 8th Place S, Federal Way, Washington, spoke in favor of Human Service Funding for Community Health Center and explained why it was an important and personal issue for her. Jayne Leet, Executive Director, Community Health Centers of King County, acknowledged support of the City Council and the community and continuation of said support. Ms. Leet asked for consideration of additional funding for the dental program. Mayor Gates told Ms. Sporleder that the City Council and staff would continue to work with the community. Mr. Case was told that the City will try to be creative with enhanced lighting. The Mayor responded to Ms. Sandstrom that her comments were appreciated. as were her perspectives and her concerns are noted. Mayor Gates informed the audience that the Council is trying to set a joint meeting with the School District and these issues can be discussed at that time. To Ms. Morley, the Mayor said she appreciated hearing the positive impact of the Human Services funding; she said the final list of 1995 funding will be available on December 20, 1994. Mayor Gates thanked Ms. Leet for attending the meeting and the information on the dental program. There was a brief discussion on how many Federal Way residents utilize the Community Health Center facility. V. a. b. c. d. e. f. g. h. l. j. CONSENT AGENDA Minutes/November 15, 1994 Resolution No. 94-190/Recyc1ed Products Procurement Policy Resolution No. 94-191/Council Rules Amendment/Filling of Vacancies Neighborhood Traffic Safety Program Process Speed Hump & Stop Sign Policies Youth Commission Appointment Acceptance of 1994 Asphalt Overlay Project Completion Sidewalk Replacement & Tree Removal Project Contract Hoyt & Younglove Creek Bridges Deck Replacement & Widening Potential Annexation Area Boundary Modification Items b, c, h and j were removed from the Consent Agenda for separate discussion. City Council Meeting Minutes Page 3 - December 6, 1994 Motion by Council member Priest for approval of items a, d, e, f, g and i; Second by Councilmember Gintz. Motion passed as follows: Elder Gates Stead Watkins Yes Yes Yes Yes Gintz Priest Tomlinson Yes Yes Yes Item b: Deputy Mayor Watkins asked for clarification on how this policy might affect public works contracts if vendors were required to use all recycled materials. Council member Gintz said if the impact could be quantified he was willing to look at the information, but it was important to encourage recycling and raise people's awareness. Rob Van Orsow, Recycling Coordinàtor, clarified questions from Councilmembers and explained the grant fl.mds which are earmarked for the City of Federal Way. He further informed the City Council that the policy addresses only paper products at this time. Motion and Second to Adopt Resolution No. 94-190 passed as follows: Elder Gates Stead Watkins Yes Yes Yes Yes Gintz Priest Tomlinson Yes Yes Yes Mayor Gates introduced Katie Schreiber, appointed this evening to the City's Youth Commission. Item c: Council member Stead moved to approve Resolution No. 94-191; Second by Councilmember Gintz. Councilmember Stead commented on Section 22.3(2) and suggested revisions to allow the appointment process to commence immediately. He felt the current language, if passed this evening, would not apply to his upcoming departure. Councilmember Stead moved to amend, accepting friendly amendments, the language in the Appointment Process to include a "written notice of intent to resign" in order to commence the process without undue delay; to not necessarily wait until the next Regular Council Meeting to direct staff to begin the Appointment Process. Other friendly amendments included setting the order of applicant interviews by.1ot drawn by the City Clerk, to have the Mayor accept one (1) question from each Councilmember to be asked of applicant and give applicant up to :02 to respond, and to give authority to the City Council to reduce the :30 interview time should the number of applicants exceed six (6) candidate, Second by Councilmember Gintz. Council member Elder said she would prefer to not eliminate any candidates, but to interview each applicant. Deputy Mayor Phil Watkins City Council Meeting Minutes Page 4 - December 6, 1994 received clarification from the City Clerk on the voting procedure. Motion to amend the Rules of Procedure Resolution No. 94-191, with aforementioned amendments, passed as follows: Elder Gates Stead Watkins No Yes Yes Yes Gintz Priest Tomlinson Yes Yes Yes (h) Sidewalk Replacement and Tree Removal Project Contract Councilmember Gintz said, for the record, that the bid was better than.anticipated and commented on the types of trees which do infrastructure damage. Motion to pass item "h" by Councilmember Gintz; Second by Council member Priest. Motion passed as follows: Elder Gates Stead Watkins Yes Yes Yes Yes Gintz Priest Tomlinson Yes Yes Yes (j) Potential Annexation Area Boundary Modification Council member Tomlinson asked why this issue was back before the City Council. Mr. Springer said it was because of concerns expressed by Woodmont residents. Discussion continued on the merits of continued discussion relating to this subject. Councilmember Elder suggested revisiting this issue based upon information provided by the City of Des Moines. Motion by Council member Tomlinson to send this issue back (all four (4) areas) to the Land U se/Transportation Com~ittee and await information from the City of Des Moines on the boundary issue; Second by Councilmember Elder. Discussion continued on efforts to eliminate this type of confusion in the future by reconfirming positions and boundary agreements with other jurisdictions. Motion passed as follows: Elder Gates Stead Watkins Yes Yes Yes Yes Gintz Priest Tomlinson Yes Yes Yes City Council Meeting Minutes Page 5 - December 6, 1994 VI. ENACTMENT ORDINANCES a. Council Bill #10111995 Property Tax Levy Rate AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 1995. Motion to enact by Councilmember Priest; Second by Councilmember Stead. The Council spent some time discussing expenses associated with unfunded mandates. Council member Priest moved to amend to not increase levy rate 3% but reduce ordinance by $68,000 and the result would be only a 2 % increase; Second by Councilmember Tomlinson. Councilmember Gintz said the Council does not have the collective will to say no to certain funding requests - something always needs to be done. He argued that the levy needs to match the inflation and it is entirely appropriate to charge an inflation rate and any rate over and above inflation should be a measure to be decided by the voters. Deputy Mayor Watkins called for the question. The amendment failed as follows: Elder Gates Stead Watkins No No No Yes Gintz Priest Tomlinson No Yes Yes Prior to voting on the main motion, Deputy Mayor Watkins questioned the tax increase versus property tax valuations. Council member Elder said money is needed for unexpected expenditures such as early snow removal. In response to a question, Council member Tomlinson was told that there is $2 Million in reserve for expenditure with Council discretion. Council member Gintz referred back to earlier comments from Deputy Mayor Watkins and said that Deputy Mayor Watkin's concern is exactly what this main motion will attempt to avoid. Arguments among Council members continued on the percentage of increase in the tax levy amount. Councilmember Stead called for the question. The main motion passed as Ordinance No. 94-224 as follows: Elder Gates Stead Watkins Yes Yes Yes No Gintz Priest Tomlinson Yes No No City Council Meeting Minutes Page 6 - December 6, 1994 b. Council Bill #102/1995 Budget Adoption AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 1995 BUDGET. Motion for approval by Councilmember Gintz; Second by Councilmember Elder. Ordinance No. 94-225 passed as follows: Elder Gates Stead Watkins Yes Yes Yes No Gintz Priest Tomlinson Yes No No- . c. Council Bill #103/1994 Budget Adjustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1994 BUDGET (AMENDS ORDINANCE 93-194 AND 94-211). Motion for approval by Councilmember Gintz; Second by Councilmember Elder. Ordinance No,. 94-226 passed as follows: Elder Gates Stead Watkins Yes Yes Yes Yes Gintz Priest Tomlinson Yes Yes Yes VII. CITY COUNCIL BUSINESS a. Resolution/Police Contract/Rescind Termination! Approve Amended Contract City Council Meeting Minutes Page 7 - December 6, 1994 Motion for approval by Councilmember Priest; Second by Council member Gintz. Motion for Resolution No. 94-192 and related documents passed as follows: . Elder Gates Stead Watkins Yes Yes Yes Yes Gintz Priest Tomlinson Yes Yes Yes b. Regional Affairs 1) Conservation District Cary Roe presented information that had been contained in the Council packetr . 2) GMPC Status Larry Springer was available to answer any questions. Council member Stead commented on the Phase III update. 3) 1995 Draft Legislative Agenda Due to the lateness of the evening, the Council opted to discuss this item on December 20, 1994 Regular City Council meeting. 4) Water Caucus Councilmember Stead commented on this issue; Deputy Mayor Watkins asked that the matter be on the December 19, 1994 Land Use/Transportation Committee agenda. Motion to continue the meeting past 10:00 p.m. by Councilmember Tomlinson; Second by Mayor Gates. Motion to continue passed as follows: Elder Gates Stead Watkins Yes Yes Yes Yes Gintz Priest Tomlinson . Yes Yes Yes City Council Meeting Minutes Page 8 - December 6, 1994 VIII. CITY MANAGER REPORT Mr. Nyberg thanked everyone for their help in the budget process. Assistant City Manager Keightley reported on yesterday's weather and the good response from City work crews. Mr. Nyberg reminded the Council they will be doing his annual performance evaluation on December 20, 1994, at 5:00 p.m. and a reception for outgoing Councilmember Stead will be held at 6:30 p.m. on that date. IX. CITY COUNCIL REPORTS Councilmember Tomlinson said that Celebration Park Master Plan will be on the next City Council meeting agenda. He further reported on his recent NLC conference trip to Minneapolis. Councilmember Elder reminded everyone of the next morning's Public Safety Committee meeting to start at 7:30 a.m. She added information on her attendance at the NLC conference. Deputy Mayor Watkins commented that Suburban Cities operates on taxpayer funding, but does not comply with public meetings/public records law and urged the City to get an explanation of this compliance issue prior to paying dues. This will be reviewed during the January, 1995 Finance/Economic Development Committee meeting. Mayor Gates reminded the Council to give her the City Manager evaluation forms by December 19, 1994. Councilmember Priest suggested an agenda be set before the joint meeting with the City Council and the School District. X. ADJOURNMENT The meeting adjourned at the hour of