Council MIN 05-18-1993 Regular
MINUTES
Federal Way City Council - May 18, 1993
*****
I.
CALL MEETING TO ORDER
Mayor Robert Stead called the Federal Way City Council regular meeting to order at the hour
of7:05 p.m. Deputy Mayor Marks was excused from meeting. Other Councilmembers present:
Ray Tomlinson, Mary Gates, Ron Gintz, Lynn Templeton and Skip Priest. Staff members
present: 1. Brent McFall, City Manager; Carolyn Lake, City Attorney, and Maureen Swaney,
City Clerk.
II.
PLEDGE OF ALLEGIANCE
Led by Councilmember Tomlinson.
III.
**
CITIZEN COMMENT (3-minute limit per person)
Linda Ellingson, 31012 39th Avenue SW, Federal Way, representing Dumas Bay
residents, commented on Visitation Monastery and urged Council to put pledges to sisters into
writing which would leave the property as it is;
Mike McKasy, 31002 39th Drive SW, Federal Way, circulated a letter on Visitation
Monastery which had been signed by 14 people and suggested restrictive covenants on the
property conveyances;
Randy Stockwell, 36820 2nd Avenue SW, Federal Way, commented on 356th Street
speed limit and urged no blanket speed limit ordinance;
Tom Leonard, 104 South 296th Place, Federal Way, commented on opposition to
Redondo Road lawsuit and asked Council to reconsider this action;
Marjorie Sears, 814 South 293rd, Federal Way, spoke on the City's unknown future cost
of operation of the Visitation Monastery;
Phil Watkins, 223 S.W. 327th Place, Federal Way, advised the Council on King County
partial funding options status if the City purchases the Visitation Monastery;
Marianne Leslie, 104 South 296th, Federal Way, supported Redondo Road closure and
submitted a petition requesting Federal Way to withdraw lawsuit and support closure for park
purposes;
ORIGINAL
City Council Minutes
May 18, 1993 - Page 2
Bob Boys, 295011st Avenue South, Federal Way, on support of Redondo Road closure;
Greg Rafanelli, 128 SW 366th Street, Federal Way, urged increased speed limit on 356th
Street;
Milt Scheerer, 29300 11th Place South, Federal Way, commented on Federal Way traffic
concerns and voiced support of Redondo Road lawsuit;
Jim Pearson, 32620 7th Avenue SW, Federal Way, signed up to speak but had no
comment;
Jim Miller, attorney for lawsuit against senior center, 33811 9th Avenue South, Federal
Way, handed out Declaration of Robert D. Scholes in the Brokus v. City lawsuit. He
commented on the lack of notices required for the facility. Mayor Stead questioned Mr. Miller
on whether or not it was ethical to circulate pleading documents to the City Council while the
case was pending;
Jay Proudlock, 28620 Pacific Highway South, #67-H, Federal Way, representing the
Youth Commission and supported the tobacco ordinance, and
H. David Kaplan, 30240 27th Avenue South, Federal Way, supported purchase, by the
City, of the Visitation Monastery.
Mayor Stead introduced Linda Ringer, new Suburban Cities Association secretary, and State
Representative Tracy Eide.
IV.
CONSENT AGENDA
a.
c.
Minutes/April 20 and May 4, 1993
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)
Enhanced Drug Penalty Zone Update Resolution
City Manager Employment Contract
d.
e.
Motion for approval of Consent Agenda, without Item #b which was pulled for separate
City Council Minutes
May 18, 1993 - Page 3
discussion by Councilmember
Councilmember Gates.
Tomlinson
Stead
Gintz
Priest
Tomlinson, by Councilmember Templeton; Second by
Yes Gates Yes
Yes Marks Excused Absence
Yes Templeton Yes
Yes
b.
Voucher/May 18, 1993
Motion to approve Consent Agenda Item #b by Councilmember Templeton; Second by
Councilmember Gintz. Prior to voting, Councilmember Tomlinson asked questions on benefit
of ICMA dues, water governance fees to Suburban Cities, and Washington State Patrol
connection costs. Councilmember Priest asked about office supply purchases through non-city
businesses.
Tomlinson
Stead
Gintz
Priest
No
Yes
Yes
Yes
Gates
Marks
Templeton
Yes
Excused Absence
Yes
v.
INTRODUCTION ORDINANCE
a.
Council Bill #52 - AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY CITY CODE ARTICLE III,
SECTION 15-59, RELATING TO SCHEDULED OF MAXIMUM SPEED
LIMITS WITHIN THE CITY OF FEDERAL WAY (AMENDING
ORDINANCE NO. 90-29 SECTION 4)
Councilmember Gintz said this proposed ordinance had been reviewed by the
Administration/Public Safety Committee and explained how the speed limits are determined; the
determination is provided by Public Works pursuant to the Revised Code of Washington. This
is the case of the speed recommended for 356th Street; to increase the speed limit to 40 mph,
a l5-foot setback is required. Enactment of this ordinance is scheduled for the next Council
meeting.
b.
Council Bill #53 - AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING THE CITY OF FEDERAL WAY CRIMINAL
CODE TO ADD NEW SECTIONS, PROHIBITING THE SALE OF TOBACCO
PRODUCTS TO MINORS. (AMENDS ORDINANCE 91-89 AND 91-106)
Councilmember Gintz informed the Council that this proposed ordinance was also reviewed by
the Committee and he said he was pleased the Youth Commission endorsed this legislation; he
City Council Minutes
May 18, 1993 - Page 4
said he hoped the media would publicize the ordinance. Enactment will be at the next meeting.
c.
Council Bill #54 - AN ORDINANCE OF THE CITY OF FEDERAL WAY
WASHINGTON, REPEALING PREVIOUS ORDINANCE 91-102, WHIéH
HAD PROVIDED FOR THE UTILIZATION OF 1989 OPEN SPACE BOND
MONIES AND PROVIDING FOR THE ACQUISmON OF CERTAIN
PROPERTIES FOR THE PURPOSE OF ESTABLISHMENT AND
CONSTRUCTION OF CITY PARKS IN THE SPRING VALLEY AREA OF
THE CITY, AND WHICH HAD PROVIDED FOR THE CONDEMNATION,
APPROPRIATION, TAKING AND DAMAGING OF LAND OR OTHER
PROPERTY NECESSARY THEREFORE, AND WHICH HAD DIRECTED
THE CITY ATTORNEY OR HER DESIGNATE TO PROSECUTE THE
APPROPRIATE ACTION AND PROCEEDINGS IN THE MATTER
PROVIDED BY LAW FOR SAID CONDEMNATION, AND DECLARING AN
EMERGENCY SUFFICIENT TO SUPPORT IMMEDIATE EFFECTIVENESS
OF THE ORDINANCE (REPEALS ORDINANCE NO. 91-102)
Motion to suspend rules and enact Council Bill #54 by Council member Tomlinson; Second by
Councilmember Templeton. Motion to suspend the rules passed as follows:
Tomlinson
Stead
Gintz
Priest
Gates
Marks
Templeton
Yes
Excused Absence
Yes
Yes
Yes
Yes
Yes
Motion to enact Council Bill #54 by Councilmember Gates; Second by Councilmember
Tomlinson. Motion passed as follows:
Tomlinson
Stead
Gintz
Priest
Gates
Marks
Templeton
Yes
Excused Absence
Yes
Yes
No
Yes
Yes
d.
Council Bill #55 - AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, CREATING A NEW CITY CODE CHAPTER
ESTABLISHING A CIVIL SYSTEM OF DRUG FORFEITURE, PROVIDING
FOR A DISPOSmONFOR SUCH PROPERTY FORFEITED, ESTABLISHING
A SPECIAL ACCOUNT FOR PROCEEDS OF FORFEITURE ACTIONS AND
DEFINING THE AUTHORIZED USE OF THE PROCEEDS COLLECTED
PURSUANT TO THIS ORDINANCE
Carolyn Lake, City Attorney, explained this proposed ordinance. It will be enacted at the next
City Council Minutes
May 18, 1993 - Page 5
Regular Council meeting.
VI.
COUNCIL BUSINESS
a.
Designation of Voting Delegates for A WC Conference
Delegates will be Mayor Stead and Brent McFall; if his schedule allows, Councilmember Gintz
may attend as voting member.
VII.
CITY MANAGER REPORT
No report, but Mr. McFall reminded the Council that an Executive Session was necessary at the
conclusion of this meeting.
VIII.
CITY COUNCIL REPORTS
Councilmember Gates reported on Joint Spring Planning Session in Spokane, Joint Regional
Policies meeting, and the next Regional Affairs/CIP committee meeting. In response to a
question from Councilmember Templeton, discussion was held relating to Metro bus service in
the city. Mayor Stead reported he will be having lunch with Richard Harris, Federal Way
School District, on May 19 to accept award to be given to the City at next meeting, and also on
May 19th a GMPC meeting is scheduled.
Sister City Relationshiu:
Mayor Stead said he will lead a delegation to Hachinohe, Japan, in August, 1993, to sign the
official Sister City Treaty document; the City has funds to pay for his travel and others are to
pay their own way, which would include Councilmember Gintz. The delegation will number
13 or 14 Federal Way citizens. The Mayor told the Council that the Hachinohe officials have
offered to pay for 5 people to travel which should include the three people who signed the
Notice of Intent to become a Sister City; these people are Mayor Stead, Deputy Mayor Marks
and Mark Freitas. This would leave two tickets and Mayor Stead recommended one be provided
to Assistant City Manager Ken Nyberg. He asked the Council for a determination on how to
use the last slot.
Councilmember Tomlinson moved to use the money which had been budgeted for the Mayor's
expenses, to be used for Mr. Nyberg's travel costs, and the five tickets provided by Hachinohe
should be used by the others; Seconded by Councilmember Gintz. Prior to voting,
Councilmember Priest said he was opposed to spending any City money since Hachinohe was
providing funds for five people. Councilmember Templeton agreed with Councilmember Priest
and said he didn't feel Councilmember Gintz should expend any of his personal money. City
City Council Minutes
May 18, 1993 - Page 6
Councilmember Tomlinson rescinded his motion and restated it to move that the City pay for
Mr. Nyberg's expenses instead of the Mayor; Second by Councilmember Templeton. Motion
failed as follows:
Tomlinson
Stead
Gintz
Priest
Yes
No
No
No
Gates
Marks
Templeton
No
Excused Absence
No
Executive Session Meetinl!s:
In response to a question from Councilmember Priest, Carolyn Lake explained executive session
privileges, for this evening's executive session, which meets the provisions of the Revised Code
of Washington.
EXECUTIVE SESSION - RCW 42.30.110(b) - REAL PROPERTY
ACQUISITION
The Council recessed into executive session at 8:30 p.m. for 45 minutes. The time was
extended for an additional 15 minutes twice and reconvened at 10:00 p.m.
Councilmember Gates moved to extend meeting past 10:00 p.m.; Second by Priest. Motion
passed as follows:
Tomlinson
Stead
Gintz
Priest
Yes
Yes
Absent
Yes
Gates
Marks
Templeton
Yes
Excused Absence
Absent
IX.
COUNCIL BUSINESS CONTINUED
Councilmember Priest moved
(1) that all of the contingencies set forth in Section 4 of the Real Estate Purchase and Sale
Agreement entered into between the City of Federal Way and the Sisters of the Visitation,
covering certain real property commonly known as 3200 S.W. Dash Point Road, Federal Way,
Washington, including completion and approval of a hazardous substance audit, structural,
engineering and other feasibility studies, a review appraisal, and final approval of the Agreement
and satisfaction of the contingencies by the City Council on or before May 21, 1993 have been
satisfied in full except that the Boundary Line Adjustment and recording of deeds required
pursuant to that certain Boundary Line Adjustment agreement entered into between the Sisters
of the Visitation and Thomas M. Elliot and Gloria G. Elliott shall be completed to the City's
City Council Minutes
May 18, 1993 - Page 7
satisfaction prior to the closing of this sale;
(2) that the City Manager is directed and instructed to perform all further necessary
actions to close the sale of the Sisters of the Visitation property;
(3) that the Council authorizes the City Manager or his designee to provide any
temporary interim short term fmancing necessary for the acquisition of the Sisters of the
Visitation property which financing is to be replaced by 1989 Open Space Bond proceeds, 1993
regional or local conservation futures proceeds, State of Washington capital improvements funds
and any other appropriate funding source available to the City, and
(4) that the City Manager is authorized and directed to enter into a First Amendment to
the Real Estate Purchase and Sale Agreement providing for an increase in the purchase price by
an amount equal to $234,242 and a credit from the seller at closing in the amount of $234,242
to cover necessary repairs to the property.
Second by Councilmember Gates.
Councilmember Priest congratulated the City staff and Representative Eide for the work they did
on this project; he said that sometimes "vision" is expensive. He told the Council he supported
purchasing this property with the intent to preserve it - there will be many difficulties ahead but
the purchase should be made by the City.
Councilmember Gintz said he would oppose this purchase because of future funding and
operations concerns; he would have liked more information on future issues.
Council member Gates said she is concerned with future funding but agreed with Councilmember
Priest on the preservation of this unique property.
Mayor Stead said he was comfortable with future funding and that the City will make certain
there is money to cover the costs; he has faith in the future. He said the City cannot afford not
to purchase this property and it will pay for itself.
Councilmember Templeton said the purchase option happened rapidly and was sensitive and he
expressed his thanks to Joe Stevens, Parks and Recreation Director, for his efforts in
representing the City.
, In response to a question from Councilmember Priest, Mr. McFall said the public will benefit
from this property as they will have use of the public grounds for passive park use and the
buildings will be used for retreats, meetings, civic events; many opportunities for the public to
use the facilities.
City Council Minutes
May 18, 1993 - Page 8
Councilmember Tomlinson said he had prior dealings with business manager of the facility, as
well as being friends with the sisters, and felt he needed to abstain from voting to avoid any City
potential conflict of interest.
Motion passed as follows:
Tomlinson
Stead
Gintz
Priest
Abstain
Yes
No
Yes
Gates
Marks
Templeton
Yes
Excused Absence
Yes
IX.
ADJOURNMENT
The meeting adjourned at 10:20 p.m.