Council MIN 11-26-1996 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
November 26, 1996 - 7:00 p.m.
MINUTES
I.
CALL MEETING TO ORDER
Mayor Priest opened the regular meeting of the Federal Way City Council at 7:04 p.m., in
Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mayor Mahlon "Skip" Priest, Deputy Mayor Hope Elder and
Councilmembers Mary Gates, Phil Watkins, Jack Dovey, Michael Park and Ron Gintz.
City staff present: City Manager Ken Nyberg, Deputy City Manager Philip Keightley, City
Attorney Londi Lindell, City Clerk Chris Green and Deputy City Clerk Bob Baker.
II.
PLEDGE OF ALLEGIANCE
Boy Scout Troop #3611ed the flag salute.
III.
PRESENTATIONS (Added Item)
Councilmember Ron Gintz presented a Certificate of Appointment to Pat Curran, (a current
alternate on the Arts Commission) to fill the seat vacated by Michael Martin.
IV.
CITIZEN COMMENT
Ron Zaffino, Ken Schiewetz, Nancy Ise, Patty Fitzpatrick, Jim Sweeney, Barbara R. Reid, Jim
Boldt, John Metcalf, Betsy Presley, Sharon Munsey, Jeanne Burbidge and H. David Kaplan
commended Mr. Gintz and the entire City Council for their courage in making a tough decision to
propose an increase to the City's utility tax. Many said it speaks to the success of Federal Way
while one person said it may not be, "politically correct, but it is community correct." Conversely,
Wes Kuhlman, Marie Adair, Michael Guth, Vernon Jenkins, Greg Powers and Lawrence Wilson
spoke in opposition to the proposed increase. Mayor Priest read comments from O. B. Mallott into
the record speaking against the increase.
COUNCILMEMBER PARK MOVED TO ADD THE POLICE SERVICES CONTRACT WITH
SEATAC MALL TO THE CONSENT AGENDA AND THREE INTRODUCTION ORDINANCES
TO THIS AGENDA -- I) HUMAN SERVICES COMMISSION ORDINANCE AMENDMENT,
2) YOUTH COMMISSION ORDINANCE AMENDMENT AND 3) DIVERSITY COMMISSION
ORDINANCE AMENDMENT; second by Deputy Mayor Elder. The motion carried as follows:
ORIGINAL
Federal Way City Council Meeting Minutes
November 26, 1996 - Page 2
v.
Priest
Gates
Gintz
Dovey
Elder
Watkins
Park
yes
yes
yes
yes
yes
yes
yes
CONSENT AGENDA
a.
b.
c.
d.
Minutes/November 5, 1996 Re¡¡ular Meetine
Council Bm #152/1996 Bud¡¡et Adillstment/Enactment Ordinance #96-274
1997 Street Sweepin¡¡ Contract Bid Authori7.ation
SW Dash Point Rd at 21st Ave SW Traffic Signal & Intersection Improvements
30% Desi¡¡n Approval
SW 336th St Improvements 30% Desi¡¡n i\p.proval
23rd Ave S (,'\ 317th to S 324th) Road Improvements Final Desi¡¡n Approval
S 312th St Improvement PrQject Final Desi¡¡n & Ri¡¡ht-of-Wa.y Approval
Police Services Contract with SeaTac Man (Added item)
e.
f.
g.
h.
COUNCILMEMBER GATES MOVED TO ADOPT THE CONSENT AGENDA AS
PRESENTED; second by Deputy Mayor Elder. The motion carried as follows:
VI.
Priest
Gates
Gintz
Dovey
Elder
Watkins
Park
yes
yes
yes
yes
yes
yes
yes
INTRODUCTION ORDINANCES
Management Services Director Iwen Wang updated Council on the disposition of several items
on the proposed biennial budget which now differ from the originally proposed document. Some
items which appear differently are restored monies to the Public Works budget, including overlay
monies, restored Human Services budget monies in 1998, re-added the PRSC dues for 1997 and
added monies to the Parks/Maintenance budget, added monies for contract planning services and
maintenance services temporary help as well as community volunteer project monies.
Public Works Director Cary Roe responded to an earlier question raised by the Council during a
budget deliberation session regarding the Asphalt Overlay Program. The question raised was, "If
the level of service for asphalt overlays was lowered by adjusting the decisional trees in the
Pavement Management System (PMS) software, what would the results be in the following areas:
1) Asphalt overlay budget needed per year to implement the new level of service; 2) 2006
projected average rating for all public streets; and 3) the deferred cost for rehabilitation based on
a ten-year planning horizon. Mr. Roe relayed two alternate decisional trees were developed for
Federal Way City Council Meeting Minutes
November 26, 1996 - Page 3
all street classifications to reflect the suggested lower levels of service. Furthermore, in
evaluating the computer runs and trying to balance the annual Asphalt Overlay budget, projected
average rating for the year 2006 and amount of increase deferred cost, it appears that based on
Decision Tree #1 (overhead used/reviewed), an annual budget between $1.5 and $1.75 million
per year will produce a projected average rating between 69 and 75, and an increase in deferred
maintenance costs between $3,037,743 (for $1.75 million budget) and $7,308,679 (for $1.5
million budget). Questions and answers between Council and Mr. Roe relative to the level of
service the City can offer in street overlay were discussed.
Councilmember Gates requested Mr. Roe prepare a revised decisional tree based on placing newly
-available data into the old decisional tree; re-computing the figures and determining their
feasibility.
a.
Counci] Bil1 #1 54/Pr¡¡perty Tax Rate
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE
YEAR 1997.
Deputy City Clerk Bob Baker read the proposed ordinance. COUNCILMEMBER GATES
MOVED TO FORWARD THE ORDINANCE TO THE DECEMBER 3, 1996 AGENDA FOR
ENACTMENT READING; second by Councilmember Dovey. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
b.
Council Bil1 #155/Utility Tax Rate Adjustment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, SETTING THE UTILITY TAX RATE AT 5% TO
PROVIDE FUNDING FOR THE RETIREMENT OF 1995 AND 1996 GENERAL
OBLIGATION BONDS FOR CERTAIN STREET AND TRANSPORTATION
IMPROVEMENT PROJECTS AND THE MAINTENANCE THEREOF; FOR
THE STREET OVERLAY PROGRAM; AND FOR OTHER CAPITAL
IMPROVEMENTS AS IDENTIFIED BY THE COUNCIL (AMENDS
ORDINANCE NO. 96-257 AND 96-262).
Deputy City Clerk Bob Baker read the proposed ordinance. COUNCILMEMBER DOVEY
MOVED TO FORWARD THE ORDINANCE TO THE DECEMBER 3, 1996 AGENDA FOR
Federal Way City Council Meeting Minutes
November 26, 1996 - Page 4
ENACTMENT READING; second by Deputy Mayor Elder. Discussion ensued.
As an alternative to increasing the utility tax, COUNCILMEMBER WATKINS MOVED TO
AMEND THE PROPOSED ORDINANCE TO IMPOSE A 5% ADMISSIONS TAX WITH A
COMMENSURATE DECREASE IN THE UTILITY TAX; second by Mayor Priest for
discussion purposes. A roll-call vote was taken showing the motion failed as follows:
Priest
Gates
Gintz
Dovey
no
no
no
no
Elder
Watkins
Park
no
yes
no
As another alternative to raising the utility tax, COUNCILMEMBER WATKINS MOVED A
SECOND AMENDMENT TO THE ORDINANCE -- TO FORWARD THE ORDINANCE TO
THE FEBRUARY, 1997 ELECTION BALLOT FOR A VOTE OF THE PEOPLE WITH THE
OUTCOME/RESULTS TO BE BINDING ON THE CITY COUNCIL; second by Michael Park.
Mayor Priest offered a friendly amendment to place the item on the ballot FOR THE NEXT
GENERAL ELECTION IN NOVEMBER, 1997; the friendly amendment was accepted by the
maker and seconder of the motion. A roll-call vote was taken showing the motion failed as
follows:
Priest
Gates
Gintz
Dovey
yes
no
no
no
Elder
Watkins
Park
no
yes
yes
COUNCILMEMBER DOVEY moved the previous question (a call for a vote on the main
motion); second by Deputy Mayor Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
A vote on the main motion (to forward the ordinance to the December 3 agenda for enactment)
carried as follows:
Priest
Gates
Gintz
Dovey
no
yes
yes
yes
Elder
Watkins
Park
yes
no
no
Federal Way City Council Meeting Minutes
November 26, 1996 - Page S
c.
Council Bi1I #156/Surface Water Management Rate Adjustment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING ORDINANCE NO. 90-32 AND
ORDINANCE NO. 91-117 BY AMENDING THE RATE STRUCTURE FOR
STORM AND SURFACE WATER UTILITY TO INCLUDE UTILITY TAX AS
ENACTED IN ORDINANCE 95-257 AS AMENDED BY ORDINANCE NO.
Deputy City Clerk Bob Baker read the proposed ordinance. COUNCILMEMBER DOVEY
MOVED TO FORWARD THE ORDINANCE TO THE DECEMBER 3, 1996 AGENDA FOR
ENACTMENT READING; second by Deputy Mayor Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
no
yes
d.
Council Bi1I #157/PrQpOsed 1997-98 Bud¡:et
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE,
ADOPTING THE 1997-98 BIENNIAL BUDGET.
Deputy City Clerk Bob Baker read the proposed ordinance. COUNCILMEMBER DOVEY
MOVED TO FORWARD THE ORDINANCE TO THE DECEMBER 3, 1996 AGENDA FOR
ENACTMENT READING; second by Deputy Mayor Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
e.
Council Bi1I #158/GamhJing Tax Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER
14, SECTIONS 14-144, 14-146 AND 14-147 REGARDING THE COLLECTION
OF GAMBLING TAXES (AMENDS ORDINANCES 9O-15, 90-44, 91-1O1 AND
96-268).
Federal Way City Council Meeting Minutes
November 26, 1996 - Page 6
Deputy City Clerk Bob Baker read the proposed ordinance. COUNCILMEMBER GINTZ
MOVED TO FORWARD THE ORDINANCE TO THE DECEMBER 3, 1996 AGENDA FOR
ENACTMENT READING; second by Councilmember Dovey. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
f.
Council Bi]] #159/Parks & Recreation Commission Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING THE PROVISIONS RELATING TO
FEDERAL WAY PARKS AND RECREATION COMMISSION (AMENDING
ORDINANCE NO. 91-93 AND ORDINANCE NO. 93-186).
Deputy City Clerk Bob Baker read the proposed ordinance. COUNCILMEMBER DOVEY
MOVED TO FORWARD THE ORDINANCE TO THE DECEMBER 3, 1996 AGENDA FOR
ENACTMENT READING; second by Deputy Mayor Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
g.
Council Bill #160/Hllman Services ('Álmmission Ordinance Amendment (Added Item)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON AMENDING ORDINANCE NO. 90-72, AMENDING THE
PROVISIONS RELATING TO THE HUMAN SERVICES COMMISSION.
Deputy City Clerk Bob Baker read the proposed ordinance. DEPUTY MAYOR ELDER MOVED
TO FORWARD THE ORDINANCE TO THE DECEMBER 3, 1996 AGENDA FOR
ENACTMENT READING; second by Councilmember Dovey. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Federal Way City Council Meeting Minutes
November 26, 1996 - Page 7
h.
Council Bill #16l1Yollth Commission Ordinance Amendment (Added Item)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON AMENDING THE PROVISIONS RELATING TO THE
FEDERAL WAY YOUTH COMMISSION. (AMENDING ORDINANCE NO. 92-
139 AND ORDINANCE NO. 92-157)
Deputy City Clerk Bob Baker read the proposed ordinance. COUNCILMEMBER GATES
MOVED TO FORWARD THE ORDINANCE TO THE DECEMBER 3, 1996 AGENDA FOR
ENACTMENT READING; second by Councilmember Dovey. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
i.
Council Bill #1 62/Diversity Commission Ordinance Amendment (Added Item)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING THE PROVISIONS RELATING TO THE
FEDERAL WAY DIVERSITY COMMISSION (AMENDS ORDINANCE NO.
92-141, ORDINANCE NO. 93-203, AND ORDINANCE NO. 94-216)
Deputy City Clerk Bob Baker read the proposed ordinance. COUNCILMEMBER WATKINS
MOVED TO FORWARD THE ORDINANCE TO THE DECEMBER 3, 1996 AGENDA FOR
ENACTMENT READING; second by Councilmember Dovey. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
VII. CITY MANAGER REPORT
City Manager Nyberg reported on the 72-hour snow-removal efforts of City staff and other entities
last week. He was complimentary of the cooperative efforts between the City and Lakehaven
Utility District who provided equipment and personnel. He also expressed thanks to Lloyds,
Valley Communications Center, our Police Department, Public Works, Parks/Maintenance and
all other City staff who assisted in the emergency situation.
Federal Way City Council Meeting Minutes
November 26, 1996 - Page 8
VIII. CITY COUNCIL REPORTS
Councilmember Gates reported an RTA briefing would be distributed, in writing, to all
Councilmembers. She also reported a Suburban Cities Association Board Meeting for December
3, at 1:30 p.m., wherein the bylaws will be considered as well as regionally-affected issues such
as Finance and Zoo Committee structure.
Councilmember Dovey reported a Parks & Recreation Committee meeting is scheduled for
December 16.
Deputy Mayor Elder reported she was the only elected official attending the Joint Resolutions
Committee meeting at Mercer Island last Wednesday.
Councilmember Gintz reported the next Finance/Economic Development Committee meeting is
December 12. He also reported future legislative agenda changes and/or adjustments will be
handled by the Finance Committee.
Councilmember Watkins reported the December 2 Land Use/Transportation meeting is canceled
and the next regularly scheduled meeting is December 16, at 5:30 p.m., in Council Chambers.
Mayor Priest announced the preparation and distribution of a 6-page memorandum to Council
summarizing his work and information received at the Mayors Institute on Urban Design at
U. C. Berkeley earlier this month.
IX.
ADJOURNMENT
Having no other business to come before the Council, Mayor Priest adjourned the meeting at
9:26 p.m.
PdJVJ- J-i
&l~
Robert H. Baker
Deputy City Clerk