Council MIN 12-20-1994 Regular
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
REGULAR MEETING
December 20, 1994 - 7:00 p.m.
MINUTES
1.
CALL MEETING TO ORDER
Mayor Gates opened the regular meeting of the Federal Way City Council at 7:05 p.m., in
Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mayor Mary Gates, Deputy Mayor Phil Watkins, Councilmembers Ray
Tomlinson, Ron Gintz, Skip Priest, Bob Stead, Hope Elder.
City Staff present: City Manager Kenneth Nyberg, City Attorney Landi Lindell, City Clerk
Maureen Swaney, Deputy City Clerk Chris Green.
II.
PLEDGE OF ALLEGIANCE
Councilmember Stead led the flag salute.
III.
PRESENT A TION
Mayor Gates presented a plaque to Councilmember Bob Stead in honor of his service and
dedication to the City of Federal Way and its citizens. Councilmember Stead has submitted his
resignation as City Councilmember effective December 31, 1994.
IV.
CITIZEN COMMENT
Allyson Pierce, Doug Skinner - support stop sign at 13th Ave SWat SW 329th location; Carolyn
Hayek - supports diversity program and distributed a 1995 Diversity Conference brochure;
David Wallis - thanked Council member Stead for his excellent leadership, and submitted his
1995 "wish list" and suggestions for development of Celebration Park; Gail Pierson, Federal
Way School Boardmember - thanked Councilmember Stead for his work and leadership, and
thanked the city for including the school district in the sister city program; Lt. Dick Baranzini,
KCPD, thanked the Council and city staff for their past support--he is being transferred to north
King County area; Linda Rasmussen, representing DAWN, thanked Council for their 1994
funding of the women's shelter and urged support of the community advocate program for 1995;
Monique Hernandez and Chris Murren, food bank volunteers - thanked the Council for their
continued support of the Federal Way Food Bank in 1995; Tim Trussler - thanked Council for
COpy!
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 20, 1994 - Page 2
.
supporting the Multi-Service Center's literacy program; Mary Ellen Stone, representing KC
Sexual Assault Resource Center - thanked Council for the city's 1995 funding of their program;
Mary Houillon, United Way representative - supports Multi-Service Center funding for 1995;
Russell Franseen, former student of the literacy program - supports continued funding for the
program; Judith Magruder, Federal Way News Columnist - requested Mayor Gates read her
comments in support of the appointment of Mark Freitas to Council Position No.7; Mary
DeAuilla, DAWN volunteer - spoke in support of 1995 funding for DAWN. Mayor Gates
responded to the citizen comments.
v.
CONSENT AGENDA
a.
b.
c.
d.
Minutes/December 6, 1994
Voucher/December 20, 1994
Monthly Financial Report/October
Celebration Park Master Plan
Resolution/Dash Pointe Major Plat Modification
APPROVED RESOLUTION NO. 94-193
All-Way Stop at 13th Ave SWat SW 329th
e.
f.
At the request of Council, and prior to consent agenda approval, City Clerk Maureen Swaney
provided a briefing on the status of the Land Use Hearing Examiner Professional Services
Agreement with McCarthy, Causseaux & Rourke, Attorneys. Councilmember Gintz deferred
Council concerns to Councilmember Stead for a response; he feels the Hearing Examiner
position is one of the most important appointments made by Council, and feels the Examiner's
philosophy should be consistent with that of the Council and City Code. City Attorney Lindell
advised the present draft amendment includes verbiage for a 30-day option to terminate the
agreement.
Motion by Council member Gintz to approve the proposed amendment to the contract for 1995
failed due to lack of a second.
Ms. Lindell explained the contract should be renewed at this time, if only for a minimum time
period of 30 days since there are two hearings scheduled for early January.
Councilmember Gintz said he is in favor of extending the contract for a 60-day period, with the
option to send out an RFQ at a later date, if Council so desires.
Motion by Councilmember Priest to enter into a 60-day extension of the hearing examiner
agreement at the regular meeting on January 3, 1995, to allow additional time for review by the
Finance/Economic Development Committee; second by Deputy Mayor Watkins. Motion passed
as follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 20, 1994 - Page 3
Gates
Tomlinson
Gintz
Priest
yes
abstain
yes
yes
Watkins
Stead
Elder
yes
yes
abstain
Deputy Mayor Watkins pulled consent agenda items (a), (d), (e) and (1) for discussion purposes.
Motion by Councilmember Priest to approve consent items (b) and (c); second by
Councilmefnber Stead. The voucher and monthly financial report were approved as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
yes
yes
Deputy Mayor Watkins confirmed the December 6, 1994, regular meeting minutes have been
deferred to January 3, 1995, for Council approval.
Councilmember Tomlinson addressed the Celebration Park Master Plan, consent item (d), and
invited citizen comments.
Jim Webster, former City Council member - extended best wishes to outgoing Councilmember
Stead, and expressed support for development of Celebration Park as a "flagship" quality park;
Jane Yambe, outgoing Diversity Commissioner - supports a compromise use of the park for both
sports and arts facilities; Scott Branlund - Mayor Gates read his comments in support of the
CP AC plan for the park, and in support of two bond issues for sports fields and an arts center;
Dale Sain - opposes the proposed master plan for Celebration Park, aild provided a topographic
model of the park area; Bill Allen - supports joint usage of park for both sports and arts, and
feels the PAC should be located in the western high area; Bill Shortt - discussed three options
for financial support of a PAC; Wendy Howe, member ofCPAC - supports sports fields, as well
as the arts, but feels the Parks/Recreatiön Department has ignored CPAC's recommendations;
Jim Baker, Parks/Recreation Commissioner - concerned about current design and its variation
from the original master plan with respect to economics and reduced number of playing fields;
Joann Piquette, Arts Commissioner - thanked Councilmember Stead for his service to the
community, and spoke on behalf of Nancy Ise,.in support of an arts facility at Celebration Park;
Jeanne Burbidge, Arts Commissioner - supports the master plan and proposed location of the
PAC, which will serve a wide variety of citizens and events; Dave Loebe, Manager of American
Little League - supports the original master plan, as it addresses the need for major lighted
sports fields. Mayor Gates thanked the citizens for their input.
At the hour of 8:40 p.m., Mayor Gates called a brief 5-minute recess, and reconvened the
regular meeting at 8:50 p.m.; she then invited additional citizen comment on Celebration Park.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 20, 1994 - Page 4
Margaret Nelson - inquired about the cost of six lighted soccer fields, four ball fields and a
performing arts center; Jack Dovey - urged the Council to take adequate time to make a good
decision as to the park's future uses.
Parks/Recreation Director Jenny Schroder and Park Planner Barbara Simpson provided a brief
staff update to Council and responded to a variety of questions. Ms. Simpson explained the
proposed master plan provides an overall design, including environmental and budgeting issues,
but doesn't preclude future changes. Community Development Services Director Greg Moore
reported all designs will first be reviewed under Process III of the City Code through a Hearing
Examiner's public hearing and recommendation, with final approval by the full Council. There
must also be State approval with respect to traffic, drainage, wetland setbacks and other
environmental issues. Discussion also focused on the possibility of support for a future bond
issue for park funding.
Motion by Council member Tomlinson to authorize staff to make application for Process III
pursuant to the Parks/Recreation Committee's recommendation, with an amendment to take a
look at the difference in cost of putting a civic center on the high plateau to see if such location
would be feasible; second by Councilmember Gintz. Main motion, with amendment, passed as
follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
yes
yes
The next point of business was Dash Pointe Major Plat Modification, under consent item (e).
Council member Priest reported the Land Use/Transportation Committee reviewed the final
approval modification and forwarded to the full Council without a recommendation. Senior
Planner Margaret Clark provided an updated staff report to Council and responded to their
questions on the proposed plat. She explained the developer has requested approval for one
additional single-family residential site and use of the adjacent NGPE by homeowners, and
advised that staff has provided three options for Council's approval of the modified preliminary
plat. .
David Morrison and Brett Jacobsen, representing the developer, were present and responded to
Council inquiries.
Motion by Councilmember Gintz to adopt staff s proposed alternative #3; second by
Councilmember Priest. (Clerk's note: Motion restated following acceptance of plat)
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 20, 1994 - Page 5
Mayor Gates suggested that Council first approve acceptance of the modified preliminary plat,
then proceed to their selection of the preferred alternative; agreed to by maker and second of
the motion.
Motion by Councilmember Gintz to accept the Dash Pointe preliminary plat modification; second
by Councilmember Priest. Motion passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
abstain
yes
yes
Council member Gintz restated his earlier motion to approve staff's recommended alternative #3
for the modified preliminary plat of Dash Pointe; second by Council member Prièst.
At 9:55 p.m., Council member Tomlinson moved to suspend Council rules and extend the
meeting time beyond 10:00 p.m.; second by Council member Gintz. Motion passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
no
yes
Mayor Gates said she opposes alternative #3 since it permits the homeowners' association to
develop and maintain an area of the native growth area of Tract A for private recreational use.
Council member Priest commended Ms. Clark for her excellent work and presentation on the
Dash Pointe project.
Motion to approve Resolution No. 94-193, "Modifying the Preliminary Plat of Dash Pointe"
passed as follows:
Gates
Tomlinson
Gintz
Priest
no
yes
yes
yes
Watkins
Stead
Elder
no
yes
yes
Councilmember Priest called for citizen input for the all-way stop at 13th Ave SWat SW 329th,
as listed under consent item (t).
Brian Schimpf, English Garden resident - supports the all-way stop and opposes the Council
Committee's recommendation to deny the signs based on a low percentage of returned ballots.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 20, 1994 - Page 6
Councilmember Elder, Public Safety/Human Services Committee Chair, reported the committee
recommended denial of the proposed signs due to the fact that area residents failed to respond
and the city only received a 28 % return of "yes" ballots. The City's current policy requires a
60% affirmative vote from homeowners when traffic changes are contemplated; she feels it is
important to adhere to this policy. Councilmember Priest is concerned the process isn't working
and supports the proposed stop signs, especially in light of the proximity of Silver Lake
Elementary School. Councilmember Gintz expressed concern about setting thresholds and later
making exceptions.
Motion by Council member Priest to approve the installation of all-way stop signs at 13th Ave
SWat SW 329th; second by Councilmember Tomlinson for discussion purposes.
Council discussion followed regarding the process for mailing ballots to residents of the English
Garden area, as well as possible reasons for the lack of returned ballots.
Motion to approve consent item (1), the proposed stop signs at 13th Ave SWat SW 329th,
passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
no
yes
Watkins
Stead
Elder
no
yes
no
Mayor Gates requested the Public Safety/Human Services Committee take another look at the
ballot process in the near future.
VI.
COUNCIL BUSINESS
a.
Regional Issues
(1) 1995 Draft Legislative Agenda
(2) Regional Services Agreement SSB5038
Resolution/1995 Human Services General Funding
b.
Councilmember Priest requested the Human Services General Funding be addressed at this time
since there are citizens in the audience who have been patiently waiting for this agenda item.
Motion by Councilmember Elder to approve the 1995 Human Services revised funding chart in
the total sum of $382,000.00, attached hereto as Exhibit "A", with the condition that all funding
for the South King County Multi-Service Center be reviewed on a quarterly basis to determine
the center's accountability; second by Councilmember Priest. Motion to approve Resolution
No. 94-194, "1995 Human Services General Funding", passed as follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 20, 1994 - Page 7
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
yes
yes
The Council requested an update on the pending lawsuit against SKCMSC; City Manager
Nyberg will have staff respond.
Assistant City Manager Philip Keightley provided Council with an amended list of priority issues
for the 1995 draft legislative agenda.
Motion by Councilmember Gintz to accept the 1995 draft legislative agenda, as last amended;
second by Councilmember Priest. Motion passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
abstain
yes
yes
Watkins
Stead
Elder
.-yes
abstain
abstain
Councilmember Gintz thanked Mr. Keightley for his diligent work on the document, and Mr.
Keightley, in turn, thanked Management Assistant Dena Laurent for her assistance.
Mayor Gates announced the City Council has scheduled a joint meeting with local Legislators
on January 3, 1995, at 7:30 a.m., and extended an invitation to all interested citizens.
VII.
CITY MANAGER REPORT
Mr. Nyberg advised Council he will be away from the City between December 23-30, 1994,
during which time Mr. Keightley will be Acting City Manager and Greg Moore will be Acting
Assistant City Manager.
Due to the lateness of th~ hour, he announced he will present the "State of the City" message
on January 3, 1995; he also distributed an informational list of 1994 highlights.
He reminded Council of the need for an approximate 15-minute executive session to discuss
property acquisition and potential litigation.
VIII.
CITY COUNCIL REPORTS
Mayor Gates reported on the City Manager's evaluation, as discussed during an earlier executive
session. In light of the Council's very favorable review of Mr. Nyberg's leadership this past
year, it was announced they would like to honor him with a bonus for the year 1994.
rþ
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 20, 1994 - Page 8
Motion by Councilmember Elder to give City Manager Nyberg a monetary bonus in the amount
of $1,000.00 for 1994; second by Councilmember Priest. Motion passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
yes
yes
Mayor Gates also reminded Councilmembers there is a joint meeting with the Federal Way
School Board on January 10, 1995; the particulars will be circulated as soon as possible.
Mayor Gates informed Council there have been 26 applicants who applied for Council Position
No.7; she invited input of their preferences for establishing the interview process.
Following Council discussion, Mayor Gates made a motion to conduct the interviews as follows:
Divide Councilmembers into two groups by lot draw; divide applicants into two groups by lot
draw; simultaneously divide and conduct initial interviews; review all candidate qualifications
in executive session, with each Council group selecting 3-6 finalists; then followed by full
Council interviews of the finalists; second by Councilmember Gintz. Motion passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
abstain
no
Councilmember Stead thanked the other Councilmembers for their past support and time spent
in service to the citizens; he said he looks forward to serving the community is a different
capacity.
Councilmember Gintz sent kudos to the Public Works Department for their improved handling
of surface water problems.
IX.
EXECUTIVE SESSION
Property Acquisition/Pursuant to RCW 42.30. 110(b)
Potential Litigation/Pursuant to RCW 42.30. 11 0 (i)
Mayor Gates recessed the regular meeting at 11:20 p.m., and announced a 15-minute executive
session to discuss property acquisition and potential litigation, with no action anticipated.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 20, 1994 - Page 9
At 11:35 p.m., Mr. Keightley announced a continuation of the executive session for an
additional ten minutes. Mayor Gates adjourned the executive session at 11:45 p.m., reconvened
the regular meeting and reported there is no action to be taken.
x.
ADJOURNMENT
There being no further business to come before the Council, Mayor Gates adjourned the regular
meeting of the Federal Way City Counc' at the hour of l' p.m..
1995 HUMAN SERVICES
REVISED FUNDING CHART
AGENCy/PROGRAM AMOUNT FUNDED
1. Salvation Army (After Hours) $10,000.00
2. DAWN (Confidential Shelter) $5,000.00
3. FWCCN (Supper) $5,550.00
4. KCSARC $24,900.00
.
5. Catholic Community Services (Emergency) $5,000.00
6. CHC of KC (Health Care) $55,000.00
7. SKCMSC (literacy) $12,000.00
8. Senior Services of Sea/KC (Meals on Wheels) $.5,000.00
9. Child Care Resources $11,000.00
10. WWEE $15,000.00
. 11. Catholic Community Services (Counseling) $5,000.00
12. Senior Services of Sea/KC (Transportation) $2,000.00
13. SKCMSC (Economic Emergency Support) $25,000.00
14. FWCCN (Emergency Shelter) $8,000.00
15. FW Boys and Girls Club $10,000.00
16. FW PT A Council $5,000.00
17. Birth-To-Three $20,000.00
18. SKCMSC (Shelter) $30,000.00
19. CHC of KC (Dental) $20,000.00
20. FWY&FS (Counseling) $60,000.00
21. DAWN (Community Advocacy) $42,550.00
22. FWY&FS (Westway) $6,000.00
GRAN D TOTAL $382,000.00
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