Council MIN 12-07-1993 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
December 7,1993 - 7:00P.M.
MINUTES
I.
CALL MEETING TO ORDER
Mayor Stead 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 Bob Stead, Deputy Mayor Joel Marks, Councilmembers Ray
Tomlinson, Mary Gates, Ron Gintz, Lynn Templeton, Skip Priest.
City Staff present: City Manager J. Brent McFall, City Attorney Carolyn Lake, City Clerk
Maureen Swaney, Deputy City Clerk Chris Green.
II.
PLEDGE OF ALLEGIANCE
Councilmember Templeton led the flag salute.
lli.
PRESENTATION
Mr. McFall presented this month's SPIRIT award to Sandy Lyle, Sandy Petitt and Jann Hopkins
for conducting recent city staff software training sessions.
IV.
CITIZEN COMMENT
William Shuck, Scott Winslow - oppose homeless men shelter at shopping center location for
security and safety reasons; John Metcalf - supports shopping center location for homeless men
shelter; Louie Liu - supports "Habitat for Humanity. program; Peter Townsend - supports
increased funding to oppose airport expansion, and opposes increased property tax rate and
allowance for staff cost of living in 1994 budget; Margaret Ward, Nancy Kragh, Robin
Buckland - requested continued support for human services funding to the King County Sexual
Assault Resource Center; Jay Proudlock, Youth Commission Chair - presented the Commission's
1994 goals; M. C. Scheerer - suggested using senior centers in the Federal Way area as
temporary homeless shelters and opposes an increase in the property tax rate; Rick Gardner -
supports continued use of 312th sports courts.
ORIGINAL
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 7, 1993 - Page 2
V.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
ffi.
n.
o.
p.
CONSENT AGENDA
Voucher/December 7, 1993
Minutes/November 16, 1993
Accept/File October 1993 Financial Report
Council Bill #7l1Enactment Ordinance/1994 City Budget
APPROVED ORDINANCE NO. 93-194
Council Bill #72/Enactment Ordinance/I993 City Budget A(ijustment
APPROVED ORDINANCE NO. 93-195
Council Bill #73/Enactment Ordinance/Establish New Funds
APPROVED ORDINANCE NO. 93-196
Council Bill #74/Enactment Ordinance/Solid Waste Comprehensive Plan
APPROVED ORDINANCE NO. 93-197
Council Bill #75/Enactment Ordinance/Moving Residential Buildings
APPROVED ORDINANCE NO. 93-198
Council Bill #76/Enactment Ordinance/Property Tax Rate
APPROVED ORDINANCE NO. 93-199
Interlocal!Police Feasibility Study
Interlocal!KC Animal Control
Interlocal!KC Taxicabs, For-Hire Vehicles & Drivers
Interlocal!KC 1993-94 GMA Grant Funds
Interlocal/Des Moines Water & Sewer Service! Annexation Area
ResoIutionlRefunding Industrial Revenue Bonds
APPROVED RESOLUTION NO. 93-158
1994 State Legislative Agenda
Motion by Councilmember Templeton to approve the consent agenda; second by Deputy Mayor
Marks.
Councilmember Priest pulled item (d) and Deputy Mayor Marks pulled items (e), (t), (g), (h),
(i) of the consent agenda for additional discussion.
Motion to approve items (a), (h), (c), (j), (k), (I), (m), (n), (0), (P) of the consent agenda passed
as follows:
Stead
Tomlinson
Gintz
Priest
Marks
Gates
Templeton
yes
yes
yes
yes
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 7, 1993 - Page 3
Following discussion on item (d), the proposed 1994 city budget ordinance, Councilmember
Gintz moved to approve $10,230 for the Community Caregivers Network in lieu of funding for
the Salvation Army program; second by Councilmember Tomlinson. Councilmember Priest
proposed a friendly amendment to refer the issue back to Human Services Commissioners for
additional review. Councilmember Gintz's acceptance of the friendly amendment was rejected
by Councilmember Tomlinson. Councilmember Gintz withdrew his main motion and asked staff
to obtain clarification from the Human Services Commission and to readdress the issue at full
Council on December 21; Councilmember Tomlinson concurred.
Motion by Councilmember Templeton to add three mills to the levy amount, with $110,000
earmarked for sports fields at Mark Twain Elementary School in conjunction with Federal Way
School District projects; second by Councilmember Gates.
Councilmember Gintz said he favors a property tax rate increase from $1.48 to $1.53, in order
to provide a three percent cost of living adjustment, funding for Mark Twain Elementary School
sports fields, and street maintenance/overlay projects. Deputy Mayor Marks and
Councilmember Tomlinson expressed opposition to any rate increase. Councilmember Priest
agrees that the tax rate should remain at $1.48 and complimented stafffor preserving the current
rate.
Councilmember Gates moved to amend the main motion to strike the three mills, change the rate
to three percent (an approximate $1.54 tax rate) of the inflationary factor, with the caveat that
additional monies be used for road overlay projects, and $100,000 for Mark Twain Elementary
School sports fields; second by Councilmember Templeton. Following Council discussion,
Councilmember Gates withdrew her recommendation to set aside the $100,000 earmarked for
Mark Twain sports fields.
Councilmember Tomlinson inquired as to the allowable maximum rate. Mr. McFall advised the
rate would be approximately $1.84.
Councilmember Tomlinson then proposed a second amendment to the main motion to increase
the tax rate to the $1.84 maximum; second by Councilmember Templeton. Mayor Stead
expressed concern that the City has been remiss by keeping the tax rate at a level which makes
it impossible to maintain capital facilities and which will create problems for future city officials.
Councilmember Priest mentioned the possibility of a future street utility tax. Mayor Stead
thanked Councilmembers for their dialogue and called for the question.
Second amendment to the main motion to impose a $1.84 tax rate failed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
no
no
Marks
Gates
Templeton
no
no
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 7, 1993 - Page 4
First amendment to the main motion to impose a $1.54 tax rate (increase of approximately
$160,000) passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
no
yes
no
Marks
Gates
Templeton
no
yes
yes
Amended main motion approving the 1994 City Budget Ordinance ($1.54 tax rate), under
consent agenda item (d), failed as follows:
Stead
Tomlinson
Gintz
Templeton
yes Marks
no Gates
yes Priest
no **(see below for vote change)
no
yes
no
Immediately following the failed vote, Councilmember Templeton requested he be allowed to
change his vote to the affirmative on the amended main motion.
Motion by Councilmember Gintz to allow Councilmember Templeton to change his vote on the
amended 1994 City Budget Ordinance to the affirmative; second by Councilmember Gates.
Motion passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
no
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Main motion, as amended to reflect a tax rate of $1.54, approving ORDINANCE NO. 93-194
"1994 City Budget", passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
no
yes
no
Marks
Gates
Templeton
no
yes
yes **
Mayor Stead announced a recess at the hour of 8:40 p.m., and reconvened the regular meeting
at 8:55 p.m..
Motion by Councilmember Templeton to include a Council directive to staff to identify the Mark
Twain Elementary School as the highest priority in future improvement of sports field sites;
second by Councilmember Gintz for discussion purposes. Motion passed as follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 7, 1993 - Page 5
Stead
Tomlinson
Gintz
Priest
yes
no
yes
no
Marks
Gates
Templeton
no
yes
yes
Motion by Councilmember Priest to amend and approve Council Bill #73 by adding the
following language:
"32.
STRATEGIC AIRPORT RESERVE FUND.
PURPOSE: To account for monies held in reserve for the specific purpose of potentially
funding actions necessary to safeguard the public interest of Federal Way as it relates to
planned expansion of the SeaTac Airport.
REVENUE SOURCES: Revenues to support this account shall be transferred from the
City's existing strategic Reserve Fund, or other revenue sources as may be authorized
by the City Council.
FUND ADMINISTRATION: City Manager or his or her designee; provided, however,
that no disbursement from this fund shall be made without prior authorization by the City
Council";
second to the motion by Deputy Mayor Marks. Motion to approve amended consent agenda
item (f), ORDINANCE NO. 93-196 "Establish New Funds", passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Marks
Gates
Templeton
yes
yes
no
Mayor Stead confirmed that all proposed budget ordinances have been adjusted to reflect the
approved tax rate of $1.54 in accordance with Ordinance No. 93-194.
Motion by Mayor Stead to approve all remaining consent agenda items (e), (g), (h), (i); second
by Councilmember Gintz. Motion to approve ORDINANCE NO. 93-195 "1993 City Budget
Adjustment", ORDINANCE NO. 93-197 "Solid Waste Comprehensive Plan", ORDINANCE
NO. 93-198 "Moving Residential Buildings" and ORDINANCE NO. 93-199 "Property Tax
Rate" passed as follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 7, 1993 - Page 6
Stead
Tomlinson
Gintz
Priest
yes
no
yes
no
Marks
Gates
Templeton
yes
yes
yes
VI.
INTRODUCTION ORDINANCES
a.
Council Bill #77/Introduction Ordinance/.OS DWI Tramc Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING THE FEDERAL WAY TRAFFIC CODE SECTIONS 15-31 AND
15-32 ADOPTING A TIME LIMITATION ON THE ANALYSES OF BLOOD AND BREATH
ALCOHOL (AMENDS ORDINANCES 91-91 AND 92-131).
Mayor Stead presented the introduction reading of the proposed ordinance and addressed the
necessity for emergency passage.
Motion by Deputy Mayor Marks to suspend the rules and move for adoption of the proposed
ordinance; second by Councilmember Gintz. Motion passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Motion by Councilmember Gates to approve Council Bill #77, with emergency passage to allow
the ordinance to become effective immediately; second by Councilmember Templeton. Motion
to approve ORDINANCE NO. 93-200 ".OS DWI Trame Code Amendment" passed as
follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Marks
Gates
Templeton
yes
yes
yes
b.
Council Bill #78/Introduction Ordinance/FW Retirement System Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO SOCIAL SECURITY, AMENDING THE CITY OF FEDERAL
WAY EMPLOYEES' RETIREMENT SYSTEM BY REVISING THE COMPOSITION OF THE
PLAN'S ADMINISTRATION COMMlTI'EE, AMENDING THE PLAN'S VESTING SCHEDULE
FROM A SEVEN-YEAR TO A FIVE-YEAR VESTING SCHEDULE, AND DELETING THE
TRUST PORTION OF THE PLAN, TO BE SUBSTITUTED WITH THE MUNICIPAL
EMPLOYEES' BENEFIT TRUST (AMENDING ORDINANCES 90-74,91-118 AND 91-119).
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 7, 1993 - Page 7
Mayor Stead presented introduction reading of the ordinance, with enactment scheduled for
December 21, 1993.
c.
Council Bill #79/Introduction Ordinance/SEPA Code Amendment to Add
Solid Waste Plan as SEPA Policy
AN ORDINANCE OF THE CITY COUNCil. OF FEDERAL WAY, WASHINGTON, AMENDING
FEDERAL WAY CODE SECTION 18-122 (ORDINANCE NOS. 90-40,91-109, 91-114, 92-130,
92-136, 92-137, 92-140, 93-184, 93-185 AND 93---> TO ADOPT THE KING COUNTY
COUNTYWIDE PLANNING POUCIES AS CITY OF FEDERAL WAY SEPA POUCIES.
Mayor Stead presented introduction reading of the ordinance, with enactment scheduled for
December 21, 1993.
VII.
CITY COUNCIL BUSINESS
a.
b.
Graffiti Report
Resolution/Ratifying Pierce County Boundary Review Board Filing
City Manager McFall said the Youth Commission has provided a graffiti report to Council for
review and referral to the appropriate Council Committee. A joint meeting will be scheduled
with the Committee and Youth Commissioners in order to discuss the issue in detail.
Under item (b) he explained the resolution has been drafted for the purpose of ratifying the
City's previous action to assume the Federal Way Water and Sewer District with the Pierce
County Boundary Review Board. Councilmember Gintz said he prefers to revisit the issue in
January 1994. Deputy Mayor Marks said he feels the issue should be addressed now.
Councilmember Templeton said he will vote "yes. , but expressed a concern about the resolution
being passed at this time.
Motion by Councilmember Gates to approve the proposed resolution; second by Deputy Mayor
Marks. Motion to approve RESOLUTION NO. 93-159 "Ratifying Pierce County Boundary
Review Board Filing" passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
no
yes
Marks
Gates
Templeton
no
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December7, 1993 - Page 8
VIII.
CITY MANAGER REPORT
Mr. McFall provided an update on the Visitation Retreat property purchase--all financing was
provided through available grants without using city funds. He also reported on purchase of the
community center--as soon as all contingncies have been satisfied, the sale documents will be
brought before Council for final approval.
IX.
CITY COUNCIL REPORTS
Deputy Mayor Marks reported the ad hoc committee (Marks, Gates, Templeton) will meet
December 13th at 5:30 p.m., to interview nine applicants for the Diversity Commission
vacancies. Councilmember Tomlinson reported the Administration/Public Safety Committee will
meet December 9th at 7:30 a.m.. Council member Templeton reported the next meeting of the
Land Use Committee is scheduled for December 21st.
x.
EXECUTIVE SESSION
a.
b.
c.
Property Acquisition/Pursuant to RCW 42.30.110(b)
Litigation/Pursuant to RCW 42.30.110(i)
Personnel Matter/Pursuant to RCW 42.30/110(g)
Mayor Stead recessed the regular meeting at 9:30 p.m. and announced a 3Q-minute executive
session to discuss litigation. He said there will not be a discussion on property acquisition as
listed, but will include a personnel matter pursuant to RCW 42.30.110(g), with the possibility
of action being taken at the conclusion of the session.
At 10:00 p.m. Assistant City Manager Anderson announced a continuation of the executive
session for an additional fifteen minutes; at 10:15 p.m. Mr. Anderson announced an extension
to 10:20 p.m.; at 10:22 p.m. he announced another extension to 10:28 p.m..
Mayor Stead adjourned the executive session at 10:28 p.m., and reconvened the regular meeting.
He announced that no action will be taken at this time, however, the council has directed the
City Attorney to prepare an employment agreement between the City and Mr. Nyberg, in his
capacity as City Manager effective January 1, 1994. The contract is to reflect the City
Manager's current salary plus a 3% cost of living adjustment. The contract will be scheduled
for approval at the next regular meeting on December 21, 1993.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 7, 1993 - Page 9
XI.
ADJOURNMENT
There being no further business to come before the Council, Mayor Stead adjourned the regular
mœti". of "'" FoI""" W" at, CO~~~
N. Christine Green
Deputy City Clerk