Council MIN 04-06-1993 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
April 6, 1993 - 7:00 P.M.
MINUTES
I.
CALL MEETING TO ORDER
Mayor Stead opened the regular meeting of the Federal Way City Council at the hour of 7:05
p.m., in Council Chambers, City Hall, Federal Way, Washington.
Councilmembers Present: Mayor Bob Stead, Deputy Mayor Joel Marks, Councilmembers Ray
Tomlinson, Mary Gates, Ron Gintz, Lynn Templeton. Excused Absence: Councilmember 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
Mayor Stead invited Richard Keeton, District 11 Commander of Veterans of Foreign Wars, to
lead the flag salute.
III.
PRESENTATION
a.
SPIRIT Award
City Manager McFall announced this month's recipient as Senior Transportation Planner Hamid
Iravani, for excellence in the transportation planning field.
IV.
CITIZEN COMMENT
Steohen Johnson, 726 So 356th, Federal Way, spoke in support of a Homestart homeless
program for City, and distributed information to Councilmembers.
Mike McKasv, 31002-39th Ave SW, Federal Way, spoke in support of the City's anticipated
purchase of the Visitation Retreat property.
Richard Keeton, 27721-32nd PI So, Auburn, spoke in support of the creation of a program for
homeless men in the Federal Way area.
ORIGINAL
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
April 6, 1993 - Page 2
Nancv .Tones, 3808 SW Dash Point Road, Federal Way, spoke in support of the City's purchase
of the Visitation Retreat property, and suggested a performing arts center would be an
appropriate utilization of the facilities.
Paul Ellinl!son, 31012-39th Ave SW, Federal Way, also supports acquisition of the Visitation
Retreat property, for use as a continued retreat facility.
Mayor Stead advised the homeless men concern will be addressed later in the agenda, and stated
the Council will consider the sensitiveness of the Visitation Retreat Center property.
v.
g.
CONSENT AGENDA
a.
Minutes/March 16, 1993
b.
Voucher/April 6, 1993
c.
Accept/File Financial Statement for February, 1993
d.
Council Bill # 45 - APPROVED ORDINANCE NO. 93-169
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING THE FEDERAL WAY ZONING CODE, ORDINANCE 9043, BY
AMENDING SECTION 22-723 TO INCREASE THE MAXIMUM
ALLOWABLE GROSS FLOOR AREA OF RESTAURANTS IN A BN ZONE
FROM 5,000 SQUARE FEET TO 7,500 SQUARE FEET
e.
Resolution/Amending Council Rules Relating to Vote Needed
to Suspend Rules and Committee Appointment Process
f.
Authorize Radio Communication Bid
Interlocals for Growth Management Act Grant Funds
Councilmember Tomlinson pulled items (a)(b) and (c) from the consent agenda for further
discussion; Council member Gintz pulled item (f); and Deputy Mayor Marks pulled item (e).
Motion by Councilmember Gates to approve items (d) and (g); second by Councilmember Gintz.
Approval of consent agenda items (d) and (g) passed as follows:
Stead
Tomlinson
Gintz
Priest
Marks
Gates
Templeton
yes
yes
yes
excused absence
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
April 6, 1993 - Page 3
Under item (a), Councilmember Tomlinson corrected the minutes--on page 7, regarding informal
poll at Kiwanis meeting, it should reflect 57~ and 43~. Deputy Mayor Marks questioned his
absence during the vote on Council Bill #44, and Councilmember Gintz questioned his absence
during the vote on the Neighborhood Safety Program. Following clarification by the City Clerk,
it was concluded the information was correct as reported.
Deputy Mayor Marks moved to approve item (a), as amended to reflect addition of percentage
symbols; second by Councilmember Tomlinson. Motion passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
excused absence
Marks
Gates
Templeton
yes
yes
yes
Councilmember Tomlinson asked for explanations to the following voucher items: Western
Equipment Distributors/Parks sweeper equipment repair, Eagle Tire & Automotive/auto timing
belt repair and CLE International/real estate purchase & sale seminar. Councilmember Gintz
inquired about the two items listed for the Times Community News for newsletter inserts. Mr.
McFall responded to the inquiries.
Councilmember Gintz moved to approve item (b) of the consent agenda; second by
Councilmember Tomlinson. Motion passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
excused absence
Marks
Gates
Templeton
yes
yes
yes
Councilmember Tomlinson inquired about jail and permit fees listed on the financial statement
under item (c); the City Manager followed up with an explanation.
Councilmember Gintz moved to approve item (c) of the consent agenda; second by
Councilmember Templeton. Motion passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
excused absence
Marks
Gates
Templeton
yes
yes
yes
Deputy Mayor Marks inquired about the change in the Council Rules of Procedure Resolution
under consent item (e); (1) in rules of suspension requiring a five to seven vote approval, and
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
April 6, 1993 - Page 4
(2) change under paragraph 20.9 for establishing Citizen Advisory Committee appointments; Mr.
McFall responded to the questions.
Mayor Stead said he is concerned that three Councilmembers could block a majority vote--he
feels it is best to require a simple majority to suspend the rules.
Councilmember Tomlinson said it would allow a Councilmember, who was unable to vote due
to absence, to bring an issue back to Council for a change without a two-thirds vote.
Councilmember Gintz feels the rules are set up to move things ahead faster than the system
allows--he feels a super majority is best. He said he voted in favor of the amendment at the
committee level.
Councilmember Gates said she doesn't feel it is acceptable for three of seven members to
adjourn meetings, when it could possibly impact citizens in attendance on particular issues, thus
forcing them to attend additional Council meetings to present their concerns.
Motion by Councilmember Gintz to approve consent agenda item (e); second by Councilmember
Tomlinson.
Mayor Stead moved to amend the resolution to provide for the suspension of rules to require
only a majority vote (retaining current rules); second by Council member Templeton. Motion
to amend the proposed resolution failed as follows:
Stead
Tomlinson
Gintz
Priest
yes
no
no
excused absence
Marks
Gates
Templeton
no
yes
yes
Motion to approve the resolution as proposed under consent agenda item (e) failed as follows:
Stead
Tomlinson
Gintz
Priest
no
yes no
yes
excused absence
Marks
Gates
Templeton
yes
no
no
Councilmember Tomlinson announced he was changing his vote to "no" for reconsideration at
the next regular meeting.
With respect to the radio communications system purchase, consent agenda item (f),
Councilmember Gintz inquired about the number of cellular phones currently being used by City
Staff; he feels there is a need to prioritize such spending. He would like to see a 3D-day delay
for the bid authorization.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
April 6, 1993 - Page 5
Mr. McFall advised the bids expire April 15, 1993, but suggested the vendor could be
approached for an extension. The City Manager also advised there are four months left on the
frequency license issued by the FCC, and said the City would be required to reapply if it is
allowed to expire.
Deputy Mayor Marks said he would like to continue this matter to the next meeting to provide
the opportunity for public input. Mayor Stead asked if there would be a legal problem in
extending the time; Mr. McFall responded "no..
Deputy Mayor Marks moved to table consent item (t) to the April 20, 1993, regular meeting;
second by Councilmember Gates. Motion to place the radio communications system purchase
on the next meeting agenda passed as follows:
VI.
Stead
Tomlinson
Gintz
Priest
Marks
Gates
Templeton
yes
no
yes
excused absence
yes
yes
yes
INTRODUCTION ORDINANCES
a.
Council Bill # 46 - AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING THE CITY'S TRAFFIC CODE, ARTICLE VI,
SECTION 15-192, RELATING TO BICYCLES, BY ALLOWING BICYCLES
ON SIDEWALKS IN BUSINESS DISTRICTS WHERE SUCH SIDEWALKS
HAVE BEEN DESIGNATED AS CLASS III BIKE ROUTES (AMENDS
ORDINANCE NO. 91-91)
Mayor Stead presented introduction reading of the ordinance.
b.
Council Bill # 47 - AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING THE ZONING CODE RELATING TO
LANDSCAPE STANDARDS BY REPEALING SECTIONS 22-1561 THROUGH
22-1577, BY ADOPTING NEW SECTIONS 22-1561 THROUGH 22-1595; BY
REPEALING ZONING CODE SECTIONS 22-1444 THROUGH 22-1450
RELATING TO LANDSCAPE PARKING REQUIREMENTS; AND BY
AMENDING ZONING CODE SECTION 22-949 RELATING TO SCREENING
REQUIREMENTS FOR GARBAGE RECEPTACLE AND DUMPSTERS.
(AMENDS PREVIOUS ORDINANCE 90-43, SECTION 2.)
Mayor Stead presented introduction reading of the ordinance.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
April 6, 1993 - Page 6
VII.
CITY MANAGER REPORT
a.
Homeless Program
Mr. McFall introduced Human Services Commission Chair Helen Middlebrooks who presented
a briefing on the present and future homeless program, and responded to a variety of questions
by Councilmembers. Assistant City Manager Anderson said there would be a full overview of
Human Services projects in 1994. Several Councilmembers expressed their preference for
workfare opportunities, as well as welfare, for future programs. Councilmembers desire wide
coverage advertising to allow as many agencies as possible, including local organizations, to
respond to the RFPs.
Mr. McFall reminded Councilmembers of the CityShape briefing (special study session)
scheduled for April 15th, 7:00 p.m., at the Regional Library. He also reminded them of the
executive session prior to adjournment--approximately one hour will be needed, with potential
action anticipated.
Vill.
CITY COUNCIL REPORTS
Councilmember Templeton reported the Land Use Committee will meet next Tuesday at 7:00
p.m., with a full agenda of issues.
IX.
EXECUTIVE SESSION
Property Acquisition - Pursuant to RCW 42.30.110(b)
Discussion with Legal Counsel - Pursuant to RCW 42.30.110(i)
Mayor Stead recessed the regular meeting at 8:30 p.m., and announced a one hour executive
session to discuss property acquisition pursuant to RCW 42.30.110(b) and legal discussion
pursuant to RCW 42.30.110(i), with action anticipated at the conclusion.
At 9:30 p.m., Assistant City Manager Nyberg announced a continuation of the executive session
for an additional thirty minutes; at 10:00 p.m., Mr. Nyberg announced an additional 15-minute
continuation, and reported Council will suspend rules to continue meeting beyond the specified
adjournment when they return to chambers. Mayor Stead adjourned the executive session at
10: 18 p.m., and reconvened the regular meeting.
RETURN TO REGULAR MEETING
Councilmember Gates moved to suspend rules to extend the meeting adjournment requirement;
second by Deputy Mayor Marks. Motion to continue regular meeting passed as follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
April 6, 1993 - Page 7
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
excused absence
Marks
Gates
Templeton
yes
yes
yes
Councilmember Templeton moved to direct and authorize the City Manager to enter into a Real
Estate Purchase and Sale Agreement with Weyerhaeuser, covering certain real property
commonly known as the Lake Killarney Site, establishing a purchase price of $770,000, and
subject to certain contingencies, including:
completion and approval of a hazardous substance audit, structural, engineering
and other feasibility studies; and
completion of a review appraisal; and
final approval of the Agreement and satisfaction of the contingencies by the City
Council on or before May 21, 1993.
He further moved and directed the City Manager to commence those studies and reports
necessary to satisfy such contingencies; second by Deputy Mayor Marks. Mayor Stead
announced this property is an Open Space acquisition and not financed out of the City's general
fund. Motion to approve such acquisition passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
excused absence
Marks
Gates
Templeton
yes
yes
yes
Councilmember Gates moved to authorize the city Manager to apply to the King County Open
Space Bond Oversight Committee for modification of Federal Way's open space project scope
to delete properties known as two (2) Spring Valley parcels, and to transfer the funds for
acquisition of property generally described as Fischer's Bog, School Site #20 and School Site
#40. In addition, the City Attorney is directed to prepare the ordinance necessary to repeal any
condemnation action relating to the Spring Valley properties; second by Deputy Mayor Marks.
Mayor Stead again announced the properties are part of earlier Open Space acquisitions. Motion
to approve acquisitions passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
excused absence
Marks
Gates
Templeton
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
April 6, 1993 - Page 8
Deputy Mayor Marks moved to direct and authorize the City Manager to enter into a Real Estate
Purchase and Sale Agreement with the Sisters of the Visitation, covering certain real property
commonly known as 3200 SW Dash Point Road, Federal Way, Washington, establishing a
purchase price of $2,700,000, and subject to certain contingencies, including:
completion and approval of a hazardous substance audit, structural, engineering
and other feasibility studies; and
completion of a review appraisal; and
final approval of the Agreement and satisfaction of the contingencies by the City
Council on or before May 21, 1993.
He further moved and directed the City Manager to commence those studies and reports
necessary to satisfy such contingencies, and authorized the City Manager to apply for a grant
pursuant to the 1993 Conservation Futures Program in the amount of $1,950,000 toward the
purchase price of this property; second by Councilmember Tomlinson. Motion to authorize
acquisition of the Visitation property passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
excused absence
Marks
Gates
Templeton
yes
yes
yes
x.
ADJOURNMENT
There being no further business to come before the Council, Mayor Stead adjourned the regular
mœting of the FoI"" W'y Ci~ CO"~h~m~~
N. Christine Green
Deputy City Clerk