Council MIN 12-05-1995 Regular
I.
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
December 5, 1995 - 7:00 p.m.
CALL MEETING TO ORDER
Mayor Gates opened the Regular Meeting of the Federal Way City Council at 7:00 p.m., in
Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mayor Mary Gates, Deputy Mayor Phil Watkins, Councilmembers Hope
Elder, Ron Gintz, Mike Park and Skip Priest. Councilmember Jack Dovey was absence.
City Staff present: City Manager Ken Nyberg, City Attorney Londi Lindell, City Clerk Chris
Green and Deputy City Clerk Bob Baker.
II.
PLEDGE OF ALLEGIANCE
Councilmember Priest led the flag salute.
III.
CITIZEN COMMENT
No citizen comments were offered.
IV.
a.
b.
c.
d.
e.
f.
g.
h.
I.
CONSENT AGENDA
Minutes/November 21 Regular Meeting
Voucher/December 5
Monthly Financial Report/October
Resolution/Human Services Funding
APPROVED RESOLUTION NO. 95-221
Enactment Ordinance/Council Bill #127/1996 City Budget
APPROVED ORDINANCE NO. 95-250
Enactment Ordinance/Council Bill #128/Property Tax Rate
APPROVED ORDINANCE NO. 95-251
Enactment Ordinance/Council Bill #129/Establish Public Safety Department
APPROVED ORDINANCE NO. 95-252
Enactment Ordinance/Council Bill #130/Establish LEOFF I Retirement &
Disability Board
APPROVED ORDINANCE NO. 95-253
Enactment Ordinance/Council Bill #131/Failure to Return Leased Property/Video
Rentals
APPROVED ORDINANCE NO. 95-254
ORIGINAL
City Council Regular Meeting Minutes - 12/05/95
Page 2
Councilmember Priest moved to adopt the consent agenda as presented; second by
Councilmember Gintz; Councilmember Priest then pulled item IV(a).
The motion to adopt carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
Item (a): Councilmember Priest moved to amend the Regular Meeting Minutes of the City
Council for 11/21/95; Page Four (4); delete second sentence and insert the following:
Councilmember Priest noted that although many of the amendments are technical, some
amendments are substantive. The City Attorney confirmed that these amendments are the result
of the extensive testimony considered by the City Council at prior public hearings and the City
Council's deliberations regarding the Council's concern to protect environmentally sensitive
areas such as the Spring Valley area by limiting development at or near such environmentally
sensitive areas.
The motion to amend and approve the 11/21/95 Regular City Council Meeting Minutes made
by Councilmember Priest and second by Councilmember Gintz carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
v.
INTRODUCTION ORDINANCES
a.
Council Bill #132/Budget Adjustment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1995 BUDGET
(AMENDS ORDINANCE 94-225, 95-233 AND 95-242).
Mayor Gates read the introduction ordinance. Deputy Mayor Watkins moved the matter be
forwarded to the 12/19/95 Agenda for enactment; second by Councilmember Gintz. The motion
carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
City Council Regular Meeting Minutes - 12/05/95
Page 3
b.
Council Bill #133/Transportation Bond
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE
ISSUANCE AND SALE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN
THE PRINCIPAL SUM OF $5,000,000 FOR THE PURPOSE OF PROVIDING FUNDS TO
FINANCE TRANSPORTATION IMPROVEMENTS; PROVIDING THE DATE, FORM, TERMS
AND MATURITIES OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE
PROCEEDS OF SALE OF SUCH BONDS; PROVIDING FOR THE ANNUAL LEVY OF TAXES
TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS; AND PROVIDING FOR THE
SALE THEREOF.
Mayor Gates read the introduction ordinance. Deputy Mayor Watkins moved the matter be
forwarded to the 12/19/95 Agenda for enactment; second by Councilmember Elder. The motion
carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
c.
Council Bill #134/Utility Tax
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROVIDING FOR TAXES UPON PERSONS IN THE BUSINESS OF
FURNISHING ELECTRICAL, NATURAL GAS, STORM DRAINAGE, GARBAGE, CABLE
TELEVISION, AND CELLULAR AND OTHER TELEPHONE AND WIRELESS
COMMUNICATIONS SERVICES; ADDING NEW SECTIONS 14-170 TO 14-188 TO THE CITY
OF FEDERAL WAY CITY CODE AND PROVIDING FOR RELATED MATTERS.
Mayor Gates read the introduction ordinance. Deputy Mayor Watkins moved the matter be
forwarded to the 12/19/95 Agenda for enactment; second by Councilmember Gintz. The motion
carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
VI.
CITY COUNCIL BUSINESS
Legislative Agenda
Councilmember Gintz moved to accept the Legislative Agenda as presented; second by
Councilmember Priest; discussion ensued.
City Council Regular Meeting Minutes - 12/05/95
Page 4
Under Number 2 of the Transportation heading, Councilmember Priest moved to remove the
item from this agenda and revisit it at the 12/19/95 meeting when a more specifically structured
statement with language consistent with the ordinance can be provided; second by
Councilmember Gintz. The motion carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
Councilmember Priest moved to incorporate language which adds our T.I.P. so there is a clear
record to our legislators these are priority projects to the City and to make this item Number 2
under the Transportation heading; second by Councilmember Elder. The motion carried as
follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
Councilmember Priest moved to add as Number 4, under the Human Services & Public Health
heading, incorporation of our Park Plan by reference and forward a copy to legislators so they
are aware of its importance; second by Deputy Mayor Watkins. The motion carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
Mayor Gates moved to include a Number 5, under the Human Services & Public Health
heading, suggesting the City support local government representation on County boards of public
health consistent with being funded thru a portion of motor vehicle excise tax; second by
Councilmember Gintz. The motion carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
Councilmember Priest would like to see an amendment which reflects the idea that motel/hotel
taxes would go to the City's own economic development as opposed to it going to King County.
He believes we should have the option and he'd like to see it suggested. This matter will be
revisited on the 12/19/95 Agenda with appropriate language being drafted by the City Attorney.
No vote was taken on this matter.
City Council Regular Meeting Minutes - 12/05/95
Page 5
Mayor Gates moved to include a Number 4, under the Finance heading, that the City supports
government partnerships with the private sector for the purposes of promoting quality
governmental services and economic vitality; second by Councilmember Priest. The motion
carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
Under Regulatory Reform & Growth Management, Deputy Mayor Watkins moved to delete
Number 3 of this section; second by Councilmember Priest. Discussion ensued. The motion
failed as follows:
Gates
Park
Priest
no
no
no
Watkins
Elder
Gintz
Dovey
yes
no
no
excused absence
On the Position Paper, under the Air Transportation heading, Deputy Mayor Watkins moved to
strike the second sentence, in the second paragraph. This was clearly the legislature's intent in
establishing the Washington Air Transportation Commission to review air transit issues; second
by Mayor Gates. The motion to strike the sentence passed as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
Under the Air Transportation heading, second line, 4th paragraph, Deputy Mayor Watkins asked
and it was agreed, the word curtain would be changed to corridor. The word was changed with
no vote taken.
Under Air Transportation Region, at the end of paragraph two, Mayor Gates moved to add the
words, "or even outside the four County Puget Sound Region." The matter was second by
Deputy Mayor Watkins. The motion to add the verbiage carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
City Council Regular Meeting Minutes - 12/05/95
Page 6
On Page 9, under the DWI Legislation heading, Mayor Gates moved to add the words, "To .08."
to the end of the first sentence; second by Councilmember Priest. The motion to add the verbiage
carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
On page 12, at the end of the paragraph entitled Family Services Restructuring, Mayor Gates
moved to add the words, "including bench marking program effectiveness, and avoiding the
supplanting of local human services funds." The matter was second by Councilmember Priest.
The motion to add the verbiage carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
Councilmember Priest moved adoption of the document as amended; second by Deputy Mayor
Watkins. The motion to adopt the Legislative Agenda as amended carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
VII.
CITY MANAGER REPORT
City Manager, Ken Nyberg, announced the levy rate for 1996, previously projected at $1.57 per
$1,000.00 will be lower than expected. It will actually be $1.56 per $1,000.00.
The City Manager also informed Council an Executive Session was necessary regarding pending
litigation.
VIII.
CITY COUNCIL REPORTS
Councilmember Park announced a Korean School delegation arrived today to sign a Sister School
Agreement with Decatur High. The delegation will meet with the City Manager and Mayor on
Friday, November 8, 1995.
City Council Regular Meeting Minutes - 12/05/95
Page 7
Councilmember Priest announced there are no scheduled Land Use/Transportation Committee
meetings set for the rest of the year. He thanked the Surface Water Management crew for their
flood prevention efforts and stated no flooding in Federal Way is a great compliment to SWM
personnel. He congratulated Cary Roe and his employees for their efforts.
Councilmember Gintz announced he and the Mayor served as witnesses to the agreement signed
by the Ports of Tacoma and Hachinohe. It is his hope Hachinohe and Tacoma will partner with
Federal Way to attract corporate headquarters to the Federal Way area.
Councilmember Elder announced the next Public Safety/Human Services Committee meeting is
set for December 14, 1995, at 7:30 a.m.
Councilmember Elder moved Council endorse a letter presented to her by SCA TBrd member
Dan Sherman, requesting a delay in the expansion of SR 509; second by Councilmember Gintz.
The motion to endorse the letter carried as follows:
Gates
Park
Priest
yes
yes
yes
Watkins
Elder
Gintz
Dovey
yes
yes
yes
excused absence
Councilmember Elder further stated the Diversity Workshop held on December 2, 1995, was
excellent. Four councilmembers attended.
Deputy Mayor Watkins, on behalf of the ad hoc committee, recommended January 26 & 27 for
the City Council annual retreat.
Mayor Gates spoke of the City Manager's yearly evaluation, completed this evening, and related
a press-release was forthcoming. She stated, on behalf of the City Council, Mr. Nyberg has
done an outstanding job during the last year. He sets the tone for getting things done and is
masterful in working with his staff; and has a hard-working Management staff. Further, the
Mayor related Mr. Nyberg offers stability to his employees; sets high ethical standards and "tells
it the way it is." Finally, Mayor Gates announced the City Council has authorized a $4,500.00
bonus for 1995.
IX.
EXECUTIVE SESSION
Litigation/Pursuant to RCW 42.30.1l0(i)
Mayor Gates recessed the Regular Meeting and announced a brief Executive Session at 8:08
p.m. with no action anticipated.
City Council Regular Meeting Minutes - 12/05/95
Page 8
At 8:20 p.m., Deputy City Manager, Philip Keightley, announced 10 additional minutes were
needed.
At 8:32 p.m., Deputy City Manager, Philip Keightley, announced 10 additional minutes were
needed.
At 8:44 p.m., Deputy City Manager, Philip Keightley, announced 07 additional minutes were
needed.
x.
ADJOURNMENT
At 8:57 p.m., Deputy Mayor Watkins adjourned the Executive Session and reconvened the
Regular Meeting.
There being no further business to come before the Council, Deputy Mayor Watkins adjourned
the Regular Meeting of the Federal Way City Council at 8:58 p.m.
H. Robert Baker
Deputy City Clerk