Council MIN 12-21-1993 Regular
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
December 21, 1993
MINUTES
PUBLIC RECEPTION - 5:30-6:30 P.M.
Honoring Deputy Mayor Joel Marks, Councilmember Lynn Templeton
& City Manager Brent McFall
REGULAR MEETING - 7:00 P.M.
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
Deputy Mayor Marks led the flag salute.
ill.
PRESENTATIONS
Mayor Stead presented plaques to Deputy Mayor Joel Marks, Councilmember Lynn Templeton
and City Manager Brent McFall, in recognition of their outstanding service to the City of
Federal Way.
IV.
CITIZEN COMMENT
Roger Simmons, Ken Wilson, Dee McGinnis, John Gallo, David Wallis and Linda Shepherd -
opposed to homeless shelter at SW 328th residence and suggested the visitation property be used
as a shelter; Pastor Ed James, Jackson family representative - expressed concerns about the
recent death of Antonio Jackson; Jane Yambe, Diversity Commission Chair - thanked
Councilmembers for authorizing an increase in the number of Diversity Commissioners from
nine to eleven; Artee Young and Eddie Rye, Jr. - said the death of Antonio Jackson cannot be
ignored; Glenda Seles - opposes the proposed homeless shelter at Federal Way Shopping Center;
ORIGINAL
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 21, 1993 - Page 2
Aaron Lauderback, Episcopal Church of Good Shepherd representative - discussed the
"Together Against Violence" march planned for December 31 because of two recent violent
deaths in the City; Vern West, Homeless Relief Shelter Representative - addressed safety
concerns and assured residents of the SW 328th area that the residence shelter would only house
a maximum of five persons; M. C. Scheerer - requested Mayor Stead read a news article
regarding traffic congestion in the shopping mall area.
V.
a.
b.
c.
d.
e.
f.
g.
h.
CONSENT AGENDA
Voucher/December 21, 1993
Minutes/December 7, 1993
Council Bill #78/Enactment Ordinance!FW Retirement System Amendment
APPROVED ORDINANCE NO. 93-201
Council Bill #79/Enactment Ordinance!SEPA Code Amendment to Add Solid
Waste Plan as SEPA Policy
APPROVED ORDINANCE NO. 93-202
Resolution/False Alarm & Land Use Fee Revision
APPROVED RESOLUTION NO. 93-160
City Manager Employment Contract
Interlocal/City of Pacific Annexation Area
Diversity Commission Appointments
Motion by Councilmember Templeton to approve the consent agenda; second by Councilmember
Gates.
Councilmember Gintz pulled item (g) for additional information.
Motion to approve the consent agenda, excluding item (g), passed as follows:
Stead
Tomlinson
Gintz
Priest
Marks
Gates
Templeton
yes
yes
yes
yes
yes
yes
yes
Following an explanation, Councilmember Gintz moved for approval of consent agenda item (g);
second by Councilmember Templeton. Consent agenda item (g) was approved as follows:
Stead
Tomlinson
Gintz
Priest
Marks
Gates
Templeton
yes
yes
yes
yes
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December21, 1993 - Page 3
Mayor Stead invited Diversity Commission Chair Jane Yambe to introduce the Commissioners
in attendance.
VI.
INTRODUCTION ORDINANCES
a.
Council Bill #80/Cable Franchise!Viacom
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO CABLE COMMUNICATION FRANCHISES, AMENDING
ORDINANCE NO. 93-161, EXTENDING THE NON-EXCLUSIVE FRANCHISE WITHVIACOM.
Mayor Stead presented introduction reading of the proposed ordinance, with enactment scheduled
on January 4, 1994.
b.
Council Bill #81/Cable Franchise!TCI
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO CABLE COMMUNICATION FRANCHISES, AMENDING
ORDINANCE NO. 93-162, EXTENDING THE NON-EXCLUSIVE FRANCHISE WITH TCI.
Mayor Stead presented introduction reading of the proposed ordinance, with enactment scheduled
on January 4, 1994.
c.
Council Bill #82/Cable Rate Regulations
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING BY REFERENCE THE FEDERAL COMMUNICATION
COMMISSION'S RATE REGULATIONS FOR IMPLEMENTING THE RATE REGULATION
AUTHORITY SET FORTH IN THE CABLE TELEVISION CONSUMER PROTECTION AND
COMPETITION ACT OF 1992, 47 USC SECTION 543.
Mayor Stead presented introduction reading of the proposed ordinance, with enactment scheduled
on January 4, 1994.
d.
Council Bill #83/Traffic Penalty Provision Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING THE CITY'S TRAFFIC CODE RELATING TO PENALTIES FOR
CRIMINAL TRAFFIC VIOLATIONS, ESTABLISHING A MANDATORY $20.00 ASSESSMENT
TO BE ADDED AS A CIVIL PENALTY IMPOSED UPON ANY PERSON FOUND GUILTY OF
A CRIMINAL TRAFFIC OFFENSE WITHIN THE CITY OF FEDERAL WAY.
Mayor Stead presented introduction reading of the proposed ordinance, with enactment scheduled
on January 4, 1994.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 21, 1993 - Page 4
e.
Council Bill #84/Diversity Commission Membership Expansion
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY.
WASHINGTON, AMENDING THE MEMBERSHIP PROVISIONS OF THE FEDERAL WAY
DIVERSITY COMMISSION (AMENDS ORDINANCE NO. 92-141).
Deputy Mayor Marks moved to suspend rules to allow for enactment at this time; second by
Councilmember Gintz. Motion to suspend rules passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Mayor Stead presented second reading of the proposed ordinance.
Councilmember Gates moved for approval of Council Bill #84; second by Councilmember Gintz.
Councilmember Gintz pointed out the need to set term limits since existing Commissioners have
staggered terms. He then proposed a friendly amendment to the main motion, setting a 2-year
term for one newly appointed commissioner and a 3-year term for the other; maker of the main
motion accepted the friendly amendment for clarification purposes.
Motion to approve ORDINANCE NO. 93-203 "Diversity Commission Membership
Expansion", as clarified to include term limits for the two new appointees, passed as follows:
S lead
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Marks
Gates
Templeton
yes
yes
yes
VII.
CITY COUNCIL BUSINESS
a.
Resolution/Elected Mayoral Position
Deputy Mayor Marks provided an explanation of his proposed resolution to establish a ballot
measure to provide for an elected mayoral position.
Motion by Deputy Mayor Marks to approve the proposed resolution; second by Councilmember
Gintz. Motion failed as follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 21, 1993 - Page 5
S tead
Tomlinson
Gintz
Priest
no
no
yes
no
Marks
Gates
Templeton
yes
no
no
b.
Health Benefits Policy Change
Following a brief explanation by City Manager McFall, Council discussion on the proposed
health benefits policy change ensued, which discussion centered around the fact that city staff
had not been given an opportunity to review and provide input prior to Council adoption.
Councilmember Templeton moved to table the proposal until the January 18 regular meeting;
second by Councilmember Gates. Motion to table and reschedule the proposed health benefits
action for the January 18 agenda passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
no
no
yes
Marks
Gates
Templeton
yes
yes
yes
c.
Dental Benefits Coverage Change
Councilmember Templeton moved for approval of the proposed change in dental benefits
coverage; second by Councilmember Gintz. Motion passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Marks
Gates
Templeton
yes
yes
yes
d.
Amend New Year's Holiday Date
City Manager McFall explained the reason for the proposed holiday date change and reported
it would not have any financial impact on the City.
Deputy Mayor Marks moved to approve December 31, 1993, (in lieu ofJanuary 3, 1994) as the
official New Year's Day holiday observance for 1994; second by Councilmember Gintz. Motion
passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Marks
Gates
Templeton
yes
absent for vote
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 21, 1993 - Page 6
VIII.
CITY MANAGER REPORT
Human Services Commission Report/Homeless Program
Mr. McFall introduced Carolyn Cowan, Human Services Commission Chair, who presented the
update on the 1994 Human Services proposed funding for the Salvation Army and Federal Way
Caregiving Network. The update was in response to an earlier directive by Council.
Motion by Council member Templeton to approve the Human Services Commission's original
1994 funding recommendation; second by Councilmember Gintz. Motion passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Marks
Gates
Templeton
yes
yes
yes
City Manager McFall reminded Council of the need for an approximate 15-minute executive
session to discuss possible litigation. Mayor Stead announced there will also be a personnel
matter reviewed in executive session.
IX.
CITY COUNCIL REPORTS
Councilmember Gates reported on Regional Transit Authority upcoming activities--review
executive director applications on December 30 and conduct interviews on January 6 and 7.
Deputy Mayor Marks read the poem If by Kipling, and thanked Councilmembers for their
support over the past four years. Councilmember Templeton responded, "I can't compete with
Kipling", but said he has enjoyed the past four years and expressed his appreciation and best
wishes to Council and staff. He read a short prose by Thomas Jefferson entitled Lang:ualte is
the Tool of Government.
Mayor Stead extended a special thanks to Deputy Mayor Marks and Councilmember Templeton
for their dedication and contributions to the City of Federal Way for the past four years.
x.
EXECUTIVE SESSION
a.
b.
Litigation Matter/Pursuant to RCW 42.30.IIO(i)
Personnel Matter/Pursuant to RCW 42.30.IIO(g)
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
December 21, 1993 - Page 7
Mayor Stead recessed the regular meeting at 9:05 p.m., and announced a I5-minute executive
session to discuss possible litigation and a personnel matter, with action anticipated at the
conclusion.
At 9:20 p.m., Mr. Anderson announced a continuation of the executive session for an additional
ten minutes; at 9:35 p.m., an additional five minutes; at 9:40 p.m., an additional five minutes;
at 9:45 p.m., an additional five minutes. Mayor Stead adjourned the executive session at 9:50
p.m., and reconvened the regular meeting.
Mayor Stead moved for approval of the rust amendment to City Manager McFall's voluntary
separation agreement, as contained in the packet provided to Council, except in lieu of 100%
vesting in the Federal Way Retirement System, the sum of $3,500.00 is due and payable no later
than January 15, 1994; second by Deputy Mayor Marks. Motion passed as follows:
S tead
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Marks
Gates
Templeton
yes
yes
no
XI.
ADJOURNMENT
There being no further business to come before the Council, Mayor Stead adjourned the regular
-.. of." F- W'y City ~ ho~ ~
N. Christine Green
Deputy City Clerk