Council MIN 04-16-1996 Regular
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
April 16, 1996 - 7:00 p.m.
I.
CALL MEETING TO ORDER
Mayor Priest 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 Mahlon "Skip. Priest, Deputy Mayor Hope Elder, Councilmembers
Mary Gates, Phil Watkins, Jack Dovey, Ron Gintz and Michael Park.
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 Ron Gintz led the flag salute.
III.
PRESENTATION
a.
PrnehmMinn/Ynllth Rp.c.ognitinn Wf'P-le
Deputy Mayor Elder read and proclaimed the Week of April 22-26, 1996, as "Youth Recognition
Week" encouraging support and recognition of this community's outstanding youth. Present to
receive the original proclamation was Carrie Scott, Chair of the Youth Commission. Ms. Scott
thanked the Council on behalf of the Youth Commission for the proclamation.
b,
Prnc1amatinn/C'inen tie Mayn W""le
Deputy Mayor Elder read and proclaimed the Week of May 2-5, 1996, as "Cinco de Mayo Week,"
Present to receive the original proclamation was Juan Sanchez. On behalf of the Diversity
Commission and the citizens of Federal Way, he thanked the Council for the proclamation and
recognition.
c.
pre.entatinn/Ollte;ning Parle. C'nmmi"inner Mare;aret Nel<nn
Councilmember Dovey presented a Certificate of thanks to outgoing Parks & Recreation
Commission Margaret Nelson. Mrs. Nelson was present to receive her certificate. She thanked
her husband for "spending many hours alone," and the Council for enlisting the aid of volunteers.
Finally, she stated the volunteers, " make the City worth living in. "
ORIGINAL
City Council Regular Meeting Minutes - 4/16/96
Page20f8
IV.
CITIZEN COMMENT
Mr. P. H. Townsend spoke of the "tremendous success that we've had so far in getting the expert
panel to rule our way" on the third runway issue. He commended the Council for "sticking" with
it and encoumged them to continuing fighting. He asked them to send a message to PSRC relating
the Council's concern re: quality of life, etc. Further, he asked Council to encourage people to
consider taking the day ftom work and attending the 4/25/96 PSRC meeting to let them know how
we, as a community, feel about this issue. Mayor Priest informed him a letter did go to the PSRC
Board relating the Council's concerns on these issues.
Mr, Dietrick Jones, Federal Way Historical Society, thanked the Council and the organization of
the City. He then invited the Council to an open house and reception Monday, April 22, 1996,
ftom 1:30 p.m.- 6:00 p.m., at Visitation Retreat & Cultural Center. There will be refreshments,
a tour of the office, grounds and an historical exhibit.
H. David Kaplan honored Margaret Nelson as outgoing Parks Commissioner and thanked her for
numerous hours, tireless efforts and wonderful work on the commission and for the citizens of
Federal Way.
V.
j.
k.
1.
CONSENT AGENDA
a.
b,
c,
d.
Minllt..../April ? Rf'.f;lIlar Mf'P.ting
199/Í-97 Solid Wa.t... !it Rf'1'.yding Orant. Acc~tanc.../Rp,o¡ No 96-226
R...vi.... Surplu. Propt'rty nisposal Policy/Rp,o¡ No 96-227
Authori7P' nonation ofR...tir..n PC'.'. to FWSn/Rp,o¡ No 96-2211
ToininE National Flood Tn.llrancp. ProEram/R... No 96-229
St T Ilk.... T uth...ran C'.hurch Ma.t...r Plan Approval (J>rnc...ss TH)/R... No 96-2JO
Fm...rg...ncy nf'1'.laration R...latf'.d FYp"n.... R...imhurs...m...nt/R..s No 96-2J1
Award of Hf',;¡rinE Fyamin...r C'.ontract/p"llp.d by C'.olln..ilmp.mb..r Watkins
KinE C'.ollnty Rond TsslI... Projf'1'.t/itp.m p"II..d by C'.olln..ilmp.mh..r nov..y
Visitation R...trf',;¡t AnA Tmprov...m...nts/Final Acl'~tanc...
RriEadoon Pha.... TT N...ighhorhood Traffic Saf...ty Improvement.
C'.ommunity nevelopment RInck Orant Acc~tance of Pass Throllgh Statll'
e.
f.
g,
h.
i.
DEPUTY MAYOR ELDER MOVED ADOPTION OF CONSENT ITEMS A, B, C, D, E, F,
G, J, K & L AS PRESENTED; second by Councilmember Ron Gintz. The motion carried as
follows:
Priest
Gates
Gintz
Dovey
Elder
Watkins
Park
yes
yes
yes
yes
yes
yes
yes
City Council Regular Meeting Minutes - 4/16/96
Page30f8
1tenL(h): Councilmember Watkins questioned the process used for selection/recommendation of
the Hearing Examiner. The City Clerk, Chris Green, explained the RFQ and advertising process
as well as the weight given to each portion of the selectional criteria in the responses.
COUNCILMEMBER WATKINS MOVED ADOPTION OF ITEM (H), AWARDING OF THE
HEARING EXAMINER CONTRACT TO THE LAW FIRM OF MCCARTHY -CA USSEA UK,
OF TACOMA, WASHINGTON; second by Councilmember Dovey. The motion carried as
follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Item...(i): Councilmember Dovey pulled this item to explain the recommendation as the Parks
Committee Meeting was held yesterday and the recommendations were received by
Councilmembers at tonights meeting.
COUNCILMEMBER DOVEY MOVED THE COUNCIL TO APPROVE THE
RECOMMENDATION TO SUBMIT CELEBRATION PARK UNDER THE LOCAL
PROGRAMS CATEGORY AND HYLEBOS STREAM STABILIZATION UNDER THE
URBAN RESOURCES CATEGORY ON BEHALF OF THE CITY OF FEDERAL WAY FOR
THE PROPOSED KING COUNTY FUNDING INITIATIVE FOR PARKS, ACTIVE
RECREATION AND NATURAL RESOURCES; second by Councilmember Mary Gates, The
motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
VI.
INTRODUCTION ORDINANCES
a,
round] Ri11 H141/1QQ/i RlIIIget Adjustment
.. An ordinance of the city council of the City of Federal Way, Washington, relating to budgets and
finance, revising the 1996 budget (Amends ordinance 95-250),"
Mayor Priest read Council Bill #143. COUNCILMEMBER GINTZ MOVED THE MATIER
BE SET OVER TO MAY 7, 1996, FOR ENACTMENT READING; second by Councilmember
Gates. The motion carried as follows:
City Council Regular Meeting Minutes - 4/16/96
Page4of8
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
b.
C'.nnnl'.¡¡ Ri11 6144/1991 C'....rtifir",t... nfP~rtidp~tinn R...fnnd
An ordinance of the City Council of the City of Federal Way. Washington, authorizing the issuance
and sale of limited tax general obligation refunding bonds of the city in the aggregate principal amount
of $[pamt] to pay a portion of the costs of constmeting and equipping improvements to city facilities,
to prepay certain lease obligations of the city and to refund certain outstanding limited tax general
obligation bonds of the City; authorizing the appointment of an escrow agent and the execution of an
escrow agreement related to such reftmding; providing the date, form and redemption provisions of said
bonis; providing for the disposition of the bond proceeds; providing for the annual levy of taxes to pay
the principal of and interest on the bonds; and authorizing the sale of the bonds,
COUNCILMEMBER GATES MOVED THE MATTER BE FORWARDED [TO A DATE
UNCERTAIN]; UNTIL A SAVINGS OF $ 40,000.00 CAN BE ACHIEVED; second by Deputy
Mayor Elder. At that time, the matter would come back to the Council for second
reading/enactment. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
COUNCILMEMBER DOVEY MOVED TO ADD ITEM TO COUNCIL BUSINESS AGENDA
AS ITEM VIl (c); APPOINTMENT OF PARKS & RECREATION COMMISSIONERS; second
by Councilmember Phil Watkins. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
VII. CITY COUNCIL BUSINESS
a.
n~t...cI C'.nmmnniti....
Councilmember Watkins gave a brief synopsis of how this matter came to the Council before
City Council Regular Meeting Minutes - 4/16/96
Page50f8
going through the Land Use/Transportation Committee. He stated Councilmember Gates
previously recused herself from such discussion and from voting in committee, leaving City
Councilmembers Watkins and Gintz to vote on the issue. Their views are opposing, therefore,
the item came to the Council. Councilmember Gates stated City staff has done some incredible
work since the Land Use Committee level and she would like to be included in the discussion as
the information is easy to "objectify.' Mayor Priest approved her request. Mr. Carr Roe made
a brief overview/presentation and gave a review of key issues which would need to be addressed
if gated communities became a part of Federal Way. He provided overheads for easy review of
materials presented to council in their agenda packets. Public Comment was taken on this item.
Rick Brown and Paul Wham stated their satisfaction with Mr. Roe's presentation and spoke in
favor of gated communities in Federal Way. Chief Ron Wood said he generally remains
professionally neutral toward the development of gated communities. He believes it is a
predictable development socially as people are pressured by the pace of life and size of
communities lived in. And as a result, gated neighborhoods offer opportunities to redefine
community boundaries for their own neighborhood and for themselves provides a restored sense
of stability and control in their environment in which they live. He stated Opticom system may
be necessary and he's not generally very supportive of the system. Fire Department
Administrator, Jim Hamilton is very supportive of Opticom system as it is necessary for fire
fighters as it is very important and in each of their vehicles, Much council discussion ensued.
Deputy Mayor Hope Elder, Councilmember Jack Dovey and Mayor Priest are opposed to this
issue.
MOTION BY COUNCILMEMBER WATKINS TO DIRECT CITY STAFF TO PREPARE AN
ORDINANCE WITH CONCERNS RAISED BY OTHER COUNCILMEMBERS, E.G., USE OF
OPTICOM, SOCIAL IMPACTS ON THE COMMUNITY, ECONOMIC INTEREST TO THE
TAXPAYER, SAFETY ISSUES, PUBLIC PROCESS AND HOW IT OCCURS, AND
RETROFITTING IN PROVIDING GATED COMMUNITIES IN NEIGHBORHOODS; second
by Councilmember Gintz. Further discussion ensued and Councilmember Dovey called for the
previous question, The vote on the motion, as confirmed by a following roll-call vote requested
by Councilmember Watkins carried as follows:
Priest
Gates
Gintz
Dovey
no
yes
yes
no
Elder
Watkins
Park
no
yes
yes
Mayor Priest would also like the staff, as part of this discussion to look at "all vacations that have
occurred and the amount of dollars that were charged in those vacations, so we have a clear frame
of reference on the precedence.'
City Manager Nyberg addressed the Council informing them of the shortage of staff in the Public
Works Department and the extremely heavy workload at this time, He asked Council to work
City Council Regular Meeting Minutes - 4/16/96
Page 6 of 8
with the Land Use/Transportation Committee to put this item into the work plan for that
committee. Mayor Priest stated the Council would defer to the members of that committee in
terms of the issues involved to determine whether this is a priority versus other issues on their
work plan. Councilmember Gintz suggested a U. of W. Urban Planning class who could actually
put a draft ordinance together in the Spring quarter which might undertake the issue, do research
and then get back to the Council. Councilmember Gates stated there was not a lot of advanced
notice on this issue and we've never had a full hearing either. We've only heard from those who
want gated communities. We have not heard ftom people such as realtors and much of the public.
b.
Approval of Amf'.nclmf'.nt to C'ity Agrf'.f'.mf'.nt with Am"y" F.lf'r.tnc
COUNCILMEMBER DOVEY MOVED FOR THE APPROVAL OF AMENDMENT TO THE
CITY'S AGREEMENT WITH AMAYA ELECTRIC, IN THE AMOUNT OF $ 8,115.00 FOR
ELECTRICAL MAINTENANCE AND SERVICES AND FOR THE CITY MANAGER
SIGNING THE CONTRACT AS AMENDED; second by Deputy Mayor Elder, The motion
carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
c.
Appointmf'.nt of P"rk~ & Rf'r.rf'Jltion C'ommi..ion Mf'.mhf'.r~
COUNCILMEMBER DOVEY MOVED TO APPOINT JERRY BOLLEN, KARL GROSCH
AND BARBARA REID TO THE PARKS & RECREATION COMMISSION FOR A THREE-
YEAR TERM EACH (FROM 5/1/96 TO 4/30/99). FURTHER HE MOVED TO APPOINT
MARIAN BARTHOLOMEW AS FIRST ALTERNATE AND DINl DUCLOSE AS SECOND
ALTERNATE WITH TERMS OF THE SAME LENGTH AS THE COMMISSIONERS; second
by Council member Gates. The motion was based on interviews and deliberations held by the
Council of Whole today. The motion to appoint the above-named persons carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Mayor Priest stated formal recognition for the new commissioners will be at the 5/21/96 Council
Meeting for presentation of certificates of appointment.
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Page70f8
VIII. CITY MANAGER REPORT
City Manager Nyberg stated the AWC Annual Conference dates are June 11-14, 1996 in the Tri-
Cities. Deputy Mayor Elder expressed her desire to attend. There are three (3) votes allocated
to the City. He encouraged other Councilmembers to contact his office if they would like to attend
the conference.
Interviews for the Lieutenant have been completed for 44 applicants, The quality of the applicants
was "uniformly excellent." The process for Deputy Chiefs is being completed at this time and
beginning this Saturday, written interviews for Police Officers will take place, There are 115
applicants for the position for the position of Deputy Chief.
A 90-minute executive session is necessary this evening, with action anticipated,
IX.
CITY COUNCIL REPORTS
Councilmember Park reported the next PSHS Meeting is 4/25/96 at 4:30 p.m,
Councilmember Watkins reported the next LUTC Meeting is 5/6/96 at 5:30 p.m,
Councilmember Gintz reported the next Finance Meeting is 4/25/96 at 7:30 a.m,
Councilmember Elder reported she attended SCATBrd this a,m. There will be a Transportation
Meeting at the Regional Library regarding Highways and Funding on 5/10/96. She and
Councilmember Park attended a Suburban Cities Meeting which included a Drug Court
presentation and she was impressed with that. She reported the next Board of Health Meeting is
4/19/96.
Councilmember Dovey reported the next Parks Meeting is 5/8/96 at 8:00 a,m.
Councilmember Gates reported two (2) committees have had the legislative briefing spoken of at
the last Council meeting. She thanked Dena Laurent for covering the project. She also reported
the next RTA Meeting is 5-9 p.m" 4/24/96, at Auburn City Hall- Council Chambers, The next
LUTC/Council Joint Meeting is 5/6/96 at 5:30 p.m.
At 9:22 p.m., Mayor Priest recessed the Regular Meeting and Council left Chambers to begin
Executive Session.
X.
EXECUTIVE SESSION
Potential T itigation/P1]r.nant to RC'W 41 10 110 (i)
Property Ac.qni.ition/Pnr.nant to RC'W 41 10 110(11)
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Page80f8
At 10:00 p.m., COUNCILMEMBER PRIEST MOVED TO SUSPEND THE RULES AND
EXTEND BEYOND 10:00 P.M.; second by Councilmember Gintz. The motion carried as
follows:
Priest
Gintz
yes
yes
Elder
Watkins
yes
yes
Council members Gates, Dovey and Park were not present during the vote.
At 10:55 p.m., 15 additional minutes were necessary.
At 11:30 p.m., Mayor Priest adjourned the executive session and reconvened the regular meeting.
COUNCILMEMBER PARK MOVED TO DIRECT THE CITY MANAGER TO ENTER INTO
A LEASE AGREEMENT WITH INTER CO-OP U. S. A, III, COVERING CERTAIN REAL
PROPERTY COMMONLY KNOWN AS THE NINTH AVENUE CENTER BUILDING,
LOCATED AT 34008 9TH AVENUE S., FEDERAL WAY, WASHINGTON, WHICH LEASE
SHALL PROVIDE FOR A LEASE TERM OF TWO (2) YEARS WITH A ONE (1) YEAR
EXTENSION OPTION, RENT EQUAL TO $9.60 A SQUARE FOOT IN 1997, $10,20 PER
SQUARE FOOT A MONTH IN 1998 AND $10.80 A SQUARE FOOT PER MONTH IN 1999,
AND WHICH PREMISES SHALL BE UTILIZED AS THE CITY'S INITIAL POLICE
DEPARTMENT; second by Councilmember Dovey. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
XI.
ADJOURNMENT
Having no other business to come before the Council, Mayor Priest adjourned the Regular
Meeting of the Council at 11:30 p.m,
H . Pd~~f l}¡¿b~
H. Robert Baker
Deputy City Clerk