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Council MIN 10-19-1993 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall October 19, 1993 - 7:00 P.M. MINUTES I. CALL MEETING TO ORDER Mayor Stead opened the regular meeting of the Federal Way City Council at 7:05 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 Councilmember Templeton led the flag salute. ID. CITIZEN COMMENT Robert Wisenburg - annexation and water/sewer district; Jack Dovey - presented video on sports fields; John Beer, Wendy Howe, Rick Riegle, Phyllis Tellari, Don Davis, Lyle Whipple, Denise Flores, Joel and Michaele Wukelic - sports fields; Linda Rasmussen representing Domestic Abuse Women's Network group - Human Services funding request; Lloyd Gardner - annexation boundaries. Mayor Stead was asked to read a letter from J. V. Evans, a citizen upset with the behavior of some members of the City Council. IV. CONSENT AGENDA a. b. c. Voucher/October 19, 1993 Minutes/October 5, 1993 Authorization to Enter into Lease with State of Washington for Copy Machines Authorization for City Manager to enter into Interlocal with City of Redmond for .08 Legal Services Revised 1994 District Court Filing Fees Interlocal d. e. ORIGINAL FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES October 19, 1993 - Page 2 Motion by Councilmember Templeton to approve the consent agenda; second by Councilmember Gates. Consent agenda was approved as follows: S lead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Mayor Stead announced a 5-minute recess at 7:45 p.m., and reconvened the regular meeting at the hour of 7:52 p.m.. v. PUBLIC HEARING a. Transportation Improvement Program (1) Citizen Comment (2) Resolution/APPROVED RESOLUTION NO. 93-155 b. 1994 Proposed Budget (1) Citizen Comment At 7:53 p.m., Mayor Stead announced he is combining both items under the same public hearing, and opened citizen comment. Mayor Stead was asked to read a statement from Darrel Fleck, a citizen in support of sports fields. The following persons addressed the Council: Diana Nielsen, Manager of Federal Way Philharmonic - supports funding for the Arts; Mike Dolan - supports bicycle transportation issues addressed in TIP; Peter Townsend - budget and airport third runway opposition; Cheri Harris- Smith, Parks Commission Chair - budget recommendation for additional sports fields funding. Mayor Stead closed the public hearing at 8:25 p.m.. Motion by Councilmember Gintz to approve the proposed TIP resolution; second by Councilmember Priest. RESOLUTION NO. 93-155 "Revised Transportation Improvement Program for 1994-2014" passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES October 19, 1993 - Page 3 VI. INTRODUCTION ORDINANCES a. Council Bill #66/Washington Natural Gas Franchise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, GRANTING WASIDNGTON NATURAL GAS COMPANY, A WASIDNGTON CORPORATION, A NONEXCLUSIVE FRANCIUSE TO HAVE AND USE ITS FACILITIES IN, UPON, OVER, UNDER, ALONG, ACROSS, AND THROUGH THE FRANCIUSE AREA WITIDN THE CITY FOR PURPOSES OF CONSTRUCTING, MAINTAINING, REPAIRING, RENEWING AND OPERATING A GAS DISTRIBUTION SYSTEM. Mayor Stead presented introduction reading of the ordinance, with enactment scheduled for the next regular meeting. b. Council Bill #67/False Alarm Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, RELATING TO ALARM SYSTEMS; REQUIRING REGISTRATION; ESTABLISIDNG FEES; PROVIDING FOR FINES FOR EXCESSIVE FALSE ALARMS; PROVIDING FOR NO RESPONSE TO ALARMS; PROVIDING FOR PUNISHMENT OF VIOLATIONS; ESTABLISIDNG A SYSTEM OF ADMINISTRATION AND REPEALING FEDERAL WAY CITY CODE SECTION 3.1 THROUGH SECTION 3.7. Mayor Stead presented introduction reading of the ordinance. Following the staff presentation by City Clerk Maureen Swaney, Councilmember Gintz said he wants to eliminate the requirement for registration as stated on page 5, and objected to the clause in paragraph (B) stating the "police department may not respond". Mayor Stead suggested the ordinance could be referred back to committee for additional review if the Council prefers, however, Councilmember Tomlinson reported the committee has discussed the proposed ordinance on two separate occasions and he doesn't feel further review is necessary. Motion by Council member Tomlinson to approve the proposed ordinance, with the deletion of paragraph B, section 2, on page 5; second by Council member Gintz. Councilmember Gintz also expressed concern about the language in the following paragraphs: page 6, under paragraph D, section (2); page 7, paragraphs E and I; page 8, paragraphs J and M. Council member Priest said he opposes the motion and wants additional information provided to address the concerns of Councilmembers Tomlinson and Gintz. Councilmember Tomlinson said he is satisfied with the proposed ordinance, with the deletion of paragraph B, section 2, on page 5. Motion to approve the main motion, with stated deletion, failed as follows: Stead Tomlinson Gintz Priest no yes yes no Marks Gates Templeton no no no FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES October 19, 1993 - Page 4 Mayor Stead then moved to send the proposed false alarm amendment ordinance back to committee for additional review and recommendation to full Council; second by Deputy Mayor Marks. Motion passed as follows: c. Stead Tomlinson Gintz Priest Marks Gates Templeton yes yes no yes no yes yes Council Bill #68/Proposed Annexation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE TO ADD A NEW ARTICLE ill ENTITLED' ANNEXATION', PROVIDING FOR THE PROCEDURE FOR ADOPTION OF INTERIM ZONING AND COMPREHENSIVE PLAN DESIGNATIONS, AND INITIAL ZONE AND COMPREHENSIVE PLAN CLASSIFICATIONS FOR PROPERTY LIKELY TO BE ANNEXED AND/OR RECENTLY ANNEXED TO THE CITY AND ESTABLISHING A PROCEDURE OF CITY PARTICIPATION IN PRE-ANNEXATION CONCOMITANT AGREEMENTS. Mayor Stead presented introduction reading of the ordinance, with enactment scheduled for the next regular meeting. d. Council Bill #69/Plat Alterations AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON, PROVIDING FOR A PROCESS FOR ALTERATION OF SUBDIVISIONS, ADDING A NEW DIVISION 7, 'PLAT ALTERATIONS', SECTION 20.140, ET AL., OF THE FEDERAL WAY CITY CODE. Mayor Stead presented introduction reading of the ordinance, with enactment scheduled for the next regular meeting. e. Council Bill #70/Amendment to SEPA Process AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CODE SECTION 1847 (ORDINANCE NOS. 9040,91-109,91-114,92-130,92- 136,92-137,92-140,93-184, AND 93-185) TO ESTABLISH A TIMELINE FOR THE ISSUANCE OF THE RESPONSffiLE OFFICIAL'S THRESHOLD DETERMINATION ON A COMPLETED SEPA APPLICATION, ADDING A DEFINITION OF 'COMPLETED APPLICATION', AND ADDING 'STREAMS' TO THE LIST OF ENVIRONMENTALLY SENSITIVE AREAS. Mayor Stead presented introduction reading of the ordinance, with enactment scheduled for the next regular meeting. VII. COUNCIL BUSINESS a. Consideration of City Funding of Family Funland Project FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES October 19, 1993 - Page 5 Citizen comment: Lisa Grimes, General Coordinator/Chair of the committee - reported on funds already expended and future monies required to complete the project; Marcia Johnson, committee member - asked for additional support from City. Motion by Councilmember Templeton to (a) direct the City Manager to "button up. the existing Steel Lake site for winter, and (b) authorize a cap of up to $30,000 from the 1994 budget in the month of April for the purchase of project materials--this would allow fund raising to continue through the first quarter of 1994 and would not impede on the volunteer labor construction portion of the project, so the City may only need to contribute a portion of the approved funding to complete the project; second by Councilmember Gates for purposes of discussion. Council discussion included the possibility of using 1993 contingency funds or lAC grant funding for the project. Councilmember Gates entertained a friendly amendment to authorize a $30,000 expenditure from the City's lAC grant funds for the project; maker of the main motion concurred. City Manager McFall explained the City would have to clear the use of such State funding from the State. Additional information was provided to the Council with respect to monies already expended by the City on the project. Mayor Stead said he feels the play equipment needs to be replaced, especially since the City has already removed the old equipment. Motion to "button up" the existing site for winter and to approve a $30,000 cap expenditure for playground materials at Steel Lake Park passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton no yes yes b. Photo-Radar Presentation Assistant City Manager Steve Anderson and City Attorney Carolyn Lake presented a short video and report on the program. It was explained the Council is only being asked to approve an RFP at this time, with fmal Council approval scheduled for a later date. Ms. Lake said this program will also serve as an enhancement to the existing neighborhood traffic safety program. Mr. McFall reported that Police Chief Evans is out of town at the present time, but is not in favor of the program. If the program cannot overcome certain legal issues at the State level, it will not be brought back to Council in the form of an ordinance. Mr. McFall said he has also been discussing the matter with other City Managers in the area. Lt. Brent Beden of the Police Department reported the rank and file officers have not discussed nor have they formed any opinions on the program to date. Mayor Stead reported the City will also need to take a look at both Federal and State constitutional laws. The City Manager indicated the appropriate motion at this time would be to authorize the issuance of an RFP. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES October 19, 1993 - Page 6 Motion by Councilmember Templeton to direct the City Manager to call for an RFP for photo- radar; second by Council member Gintz. Motion passed as follows: S lead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes c. Submission of Nominations for Suburban Cities Appointments Regarding Metro/King County Council Mayor Stead reported the City needs to submit the names of Councilmembers who are interested in being nominated to one of the following three standing committees: (1) regional policies; (2) transit; (3) water quality. He encouraged local participation as it is extremely important for our community to be well represented at a regional level. There will be eighteen appointments made by SCA. Councilmembers interested in being nominated should advise the City Manager as soon as possible, so those nominations can be submitted to the Suburban Cities Association. VIII. CITY MANAGER REPORT Mr. McFall reported the City recently received King County Conservation funding for the acquisition of Fisher's Bog and School Site #20 properties, as well as funding for the final leg of the Monastery property without the use of monies from the City's treasury. Deputy Mayor Marks thanked Mr. McFall and Parks Director Joe Stevens for their coordination efforts in obtaining these premier pieces of property for the City. The City Manager also reported on the Arts Commission's cultural feasibility study. IX. CITY COUNCIL REPORTS At 10:00 p.m., Councilmember Gates moved to suspend the rules and continue the meeting; second by Deputy Mayor Marks. Motion passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Councilmember Gates reported the next meeting of the Regional Affairs/City Improvement Committee is scheduled for October 25th at 5:30 p.m.; she also reported on recent RTA business. Councilmember Templeton reported the Land Use Committee will meet November 9th at 5:30 p.m.. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES October 19, 1993 - Page 7 Mayor Stead recommended the next regular meeting of the full Council be set over to November 9th due to the general elections being held on November 2nd; all Councilmembers concurred. x. EXECUTIVE SESSION a. b. Property Acquisition/Pursuant to RCW 42.30. 110(b) Personnel Matter/Pursuant to RCW 42.30. 11O(g) Mayor Stead recessed the regular meeting at 10:05 p.m., and announced a 30-minute executive session to discuss property acquisition pursuant to RCW 42.30. 110(b), as well as a personnel matter pursuant to RCW 42.30.110(g), and announced it is anticipated there may be action following the executive session. At 10:50 p.m., the Council requested an additional five minutes; at 10:55 p.m., the session was extended another five minutes. Mayor Stead adjourned the executive session at 11:00 p.m.. Following a brief recess, Mayor stead reconvened the regular meeting at 11:07 p.m., and announced there would be no action taken at this time. XI. ADJOURNMENT There being no further business to come before the Council, Mayor Stead adjourned the regular """"" of "'" FoI<nd W.y City COU~ of 11,07 p.m.. rCl/¿ rþ:~~~ N. Christine Green Deputy City Clerk