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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