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Council MIN 08-17-1993 Regular MINUTES FEDERAL WAY CITY COUNCIL August 17, 1993 - 7:00 P.M. ***** I. CALL MEETING TO ORDER Mayor Robert Stead called the Regular Meeting of the Federal Way City Council, to order, at the hour of 7:04 p.m. Councilmembers present included Ray Tomlinson, Mary Gates, Deputy Mayor Joel Marks, Lynn Templeton and Skip Priest. Councilmember Ron Gintz had an excused absence. Staff present: J. Brent McFall, City Manager; Carolyn Lake, City Attorney; and, Maureen Swaney, City Clerk. II. PLEDGE OF ALLEGIANCE The flag salute was led by Councilmember Tomlinson. III. PRESENTATION Diversity Commission Slogan Contest Winner Certificates presented to Kathryn McFall Butler and Chad Main for design of the slogan and logo. A copy of the artwork was circulated and a copy is attached hereto as Exhibit" A" and made a part of the minutes. IV. CITIZEN COMMENT David Kaplan supported an amendment to Parks and Recreation Commission ordinance; Peggy McKasy urged a joint effort for use of Visitation property; Marsha Slater suggested uses of Visitation property; Jane Yambe asked for Council support for the cultural audit expenditure; Angelia Armond presented the Mayor with a certificate from Domestic Abuse Women's Network; Sandy Braislin and Linda Ellingson both commented on Visitation land use; Mark Mead voiced support of the vegetation ordinance; and, Laird and Earl Chambers objected to the sidewalk ordinance without homeowner controls. v. CONSENT AGENDA b. c. Minutes/August 3 & 10, 1993 Resolution No. 93-149/Campus Glen Preliminary Plat ORIGINAL City Council Minutes August 17, 1993 Page 2 d. Council Bill #61/0RDINANCE NO. 93-184/0rdinance Enactment 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 AND 92- 140) TO ADOPT THE KING COUNTY COUNTYWIDE PLANNING POLICIES AS CITY OF FEDERAL WAY SEPA POLICIES Council Bill #62/0RDINANCE NO. 93-185/0rdinance Enactment 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 AND 93-184) TO AMEND THE PUBLIC NOTICE REQUIREMENTS FOR APPEALS OF SEPA DETERMINATIONS Adelaide/Lakota Open Space Project e. f. Motion for approval of Items b, c, d, e and f by Councilmember Templeton; Second by Councilmember Gates. Motion passed as follows: Tomlinson Templeton Stead Gintz Yes Yes Yes Absent Gates Marks Priest Yes Yes Yes Council member Templeton asked to discuss this item separately, and to take it out of order, as follows: g. Appointment to Ethics Board Councilmember Templeton introduced appointee, David Head and summarized Mr. Head's resume of previous work experience. Motion to approve appointment of David Head by Councilmember Gates; Second by Council member Priest. Motion passed as follows: Tomlinson Templeton Stead Gintz Yes Yes Yes Absent Gates Marks Priest Yes Yes Yes Councilmember Tomlinson asked for separate discussion of Item a as follows: a. Voucher of August 17, 1993 Questions by Councilmember Tomlinson on costs of publishing RFP for insurance broker City Council Minutes August 17, 1993 Page 3 services; Barbara Betsch responded that this was the first time the City had prepared a RFP for insurance services. Additional questions were asked on the cost of ordering City pins since he recalled another recent order; the City Manager responded they were purchased for the Sister City trip. Motion to approve the August 17, 1993 Voucher by Councilmember Tomlinson; Second by Councilmember Templeton. Motion passed as follows: Tomlinson Templeton Stead Gintz No Yes Yes Absent Gates Marks Priest Yes Yes Yes Deputy Mayor Marks asked to discuss this proposed expenditure separately and it was removed from the Consent Agenda for separate discussion: h. Cultural Audit Deputy Mayor Marks said he agreed with the comments made earlier by Ms. Yambe, but felt the proposed $7,000 expenditure was a waste of taxpayer money. Mr. McFall said the result of the audit will only increase awareness and provide information. In response to a question of why this audit could not be done by City staff, Mr. McFall said that City staff doesn't have the expertise nor the time to perform this job. Council member Tomlinson asked if the consultant, when hired, would assist with City staff recruitment interviews; he asked other questions relating to current recruitment practices and concluded his statement by stating if there were no complaints, why do an audit. Mr. McFall said the proposal relates to the whole atmosphere of diversity and the consultant will inform the City if there is a problem; this recommendation is from the Diversity Commission for the purpose of an assessment so improvements can be made from the data gathered. Steve Anderson, Assistant City Manager, reminded the Council that the recommendation is for a cultural audit for the purpose of evaluating and managing diversity; the audit will develop a plan to deal with diversity. Motion for approval of the expenditure for the diversity audit by Councilmember Priest; Second by Council member Gates. Deputy Mayor Marks restated he will vote in opposition to this motion because he feels it is not an appropriate use of public funds and he is not comfortable with the information contained in the staff report. Mayor Stead said he would support the motion because we need to know about diverse issues City Council Minutes August 17, 1993 Page 4 we might not be aware of, and it would help to identify and eliminate prejudicial activities. Councilmember Tomlinson said he will vote against the motion. He said he had been told that diverse groups don't need the City. Councilmember Priest told the Council he will support his motion because of the differing members of the community; he gave an example of the Council meeting held at the Korean church and no Korean residents attended the meeting. Council member Gates said this type of audit is common everywhere; an action plan would be helpful and she will support the motion. Councilmember Templeton stated this recommendation is about education, learning and understanding; it is not about quotas or ratios nor $7,000, and he will support the expenditure. Motion passed as follows: Tomlinson Templeton Stead Gintz No Yes Yes Absent Gates Marks Priest Yes No Yes VI. INTRODUCTION ORDINANCES a. Council Bill #63/Amendment to Parks/Rec Commission Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE, ARTICLE II, "PARKS AND RECREATION COMMISSION", SECTION 11-30, RELATING TO THE RESPONSIBILITIES OF THE PARKS AND RECREATION COMMISSION (AMENDS ORDINANCE 91-93). Mayor Stead read the title and said enactment is scheduled for the Council meeting set for September 7, 1993 Council meeting. b. Council Bill #64/Right-of-Way Vegetation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A NEW CHAPTER 15.30 REGARDING MAINTENANCE OF VEGETATION IN PUBLIC RIGHTS OF WAY, DEFINING TERMS, ESTABLISHING PERMIT AND NOTICE REQŒREMENTS, ESTABLISHING APPROVAL OR DENIAL CRITERIA, EXEMPTIONS, PENALTIES AND ESTABLISHING AN EFFECTIVE DATE. City Council Minutes August 17, 1993 Page 5 c. Council Bill #6S/Sidewalk Regulations AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A NEW CHAPTER 17.20 REGARDING MAINTENANCE, REPAIR, RECONSTRUCTION AND CONSTRUCTION OF SIDEWALKS, DEFINING TERMS, ESTABLISHING DUTIES OF ABUTTING PROPERTY OWNERS AND OCCUPANTS, ESTABLISHING NOTICE REQUIREMENTS, PERMIT REQUIREMENTS, EXEMPTIONS, PENALTIES, AND ESTABLISHING AN EFFECTIVE DATE. Prior to reading the titles, Council member Priest said that he did not feel the liability issues has been adequately explored and moved to refer Council Bills #64 and #65 back to Administration/Public Safety Committee for further review; Second by Deputy Mayor Marks. Councilmember Tomlinson said the Council Bills have already been to Committee and asked if he might pose some questions regarding liability to Londi Lindell, Deputy City Attorney. In response to his questions, Ms. Lindell said that the standard homeowner policy provides coverage for property and personal injury on public rights-of-way. Councilmember Priest said that assumes the homeowner has insurance; he thinks a thoughtful review should take place and he did not think that review would be satisfied this evening. Councilmember Gates said she supported the motion because additional review is necessary. Councilmember Tomlinson asked Ms. Lindell if the City assumes the liability if they do damage to a sidewalk. She responded that the ordinance, as written, is flexible and the City Council would be given the option to decide if the City or the homeowner assumes the responsibility. Mayor Stead said he did not favor deferring this issue because it has taken three years to have these ordinances come before Council. Motion passed as follows: Tomlinson Templeton Stead Gintz No Yes No Absent Gates Marks Priest Yes Yes Yes VII. CITY MANAGER REPORT Mr. McFall reported on King County Conservation District assessment which is $1.25 per parcel City Council Minutes August 17, 1993 Page 6 for a two-year period and he will provide the Regional Affairs/CIP Committee with additional information; Saturday opening of French Lake Park; City Hall at the Mall September 7 to 12; Tentative CityShape study session, from 7:30 a.m. to 9:00 a.m., on August 31, 1993; Reminder of tonight's Executive Session. Mayor Stead expressed concern that the Oversight Committee has not met and felt if they are not used then the Committee should be disbanded. IX. CITY COUNCIL REPORTS Council member Priest suggested staff review the handicapped parking design at City Hall as some parking spaces do not have the room to exit from either side of a van. Councilmember Templeton expressed concern with possible loss of the ballfield land used by Steel Lake Little League, Land Use Committee meeting on September 14 which will be held even though this is the Primary Election date. Councilmember Gates reminded Council of Regional Affairs/CIP Committee meeting on August 24, 1993, at 5:30 p.m. and reviewed handout on outline of Capital Facilities Bond Process, a copy of which is attached as Exhibit "B" and made a part of the minutes, her appointment to Transportation Board and a suggestion to form non-motorized transportation committee and urged this suggestion for committee formation be considered by the Land Use and Transportation Committee. The meeting recessed to Executive Session at 8:34 p.m. X. EXECUTIVE SESSION Public Employee Performance Review/Pursuant to RCW 42.30.110(g) XI. ADJOURNMENT The meeting reconvened and adjourned at ~ >--+-V- . . > >-+4 0 ...... ~/........ ~ -¡" 0 r '1 0 > >----t4Þ ~ :>--4 ~ -- \. ~ 5- /7 - 93) EXIf/BIT /In // Step 1 What: 8- 17 -;3 OUTLINE CAPIT AL FACILITIES BOND PROCESS City Council issues request to all advisory commissions and City staff to develop a list of proposed capital projects to be considered for inclusion in a capital facilities bond issue(s) in 1994. This list is to be in priority order, with rough cost projections included along with rough operation and maintenance costs for. the facility upon completion of construction. When: The list above is to be developed and submitted to the City Manager no later than January 31,1994. Step 2 What: Council will appoint a "Blue Ribbon" committee to review the various proposals submitted by the advisory commissions and City staff. The committee will develop a recommendation, which will be forwarded to the Council Regional Affairs/City Improvement Committee for consideration and recommendation to Council. The "Blue Ribbon" committee recommendation shall include consideration of such items as: whether or not to place a bond issue on the ballot size of the bond issue projects to be included in the bond issue whether to do one or more bond issues which election to place the issue(s) on the ballot how to fund the maintenance and operation costs of the facilities When: The committee shall be appointed by Council no later than February I, 1994. The committee shall meet regularly and conclude its work no later than April 30, 1994. Step 3 What: The Regional Affairs/City Improvement Committee shall review the recommendation of the "Blue Ribbon" committee. When: Review shall occur in the month of May, 1994, and the council committee shall forward its recommendation to the full Council by May 31, 1994. £'XHIB IT e/ ß // Step 4 What: Council will review the recommendations of the "Blue Ribbon" committee and the Regional Affairs/City Improvement Committee and determine whether or not to place a bond issue on the ballot, when, what projects are to be included, and how big the issue(s) will be. When: Council review and decision should be completed by June 30, 1994. Step 5 What: Campaign committee is formed, develops funding, conducts campaign. Care must be taken to comply with state law regarding campaign use of public resources. When: Summer and fall of 1994. Step 6 What: Election When: As determined by Council. jbm\bondproc.jah