Council MIN 06-18-1996 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting Agenda
Council Chambers - City Hall
June 18, 1996 - 7:00 p.m.
MINUTES
I.
CALL MEETING TO ORDER
Mayor Priest opened the regular meeting of the Federal Way City Council at 7:06 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 Mary Gates led the flag salute.
III.
PRESENTATIONS
a.
SPIRTT A w~rd for Month of Tlln"
Susan Clary, Administrative Assistant, Public Safety Department, was named SPIRIT award
winner for June. Mr. Nyberg presented Susan with a clock/pen set and stated her selection was
due to her contributions in the Director of Public Safety selection process. She coordinated the
process for the finalists; was required to work long hours to meet tight deadlines; make last minute
changes to documents, schedules and other arrangements; and respond to the many demands of
the candidates, interviewers, consultants and City staff. She carried out these responsibilities with
her usual efficiency, professionalism and much-appreciated sense of humor. Susan's work is
representative of the quality of service, initiative, integrity and sense of teamwork she
demonstrates on a daily basis.
b,
Div,,«ity C:ommi..ion Tntrodllction.
Councilmember Park introduced the new Diversity Commission members R. L. Lottier and Ted
Lamb. The other members, Juan Sanchez, William Bishop, Chris Choi and Abiodun Aina, were
OR'SINAL
Federal Way City Council Regular Meeting Minutes
June 18, 1996 - Page 2 of 8
not present. They will receive their certificates at the next regularly scheduled Diversity
Commission Meeting.
IV.
CITIZEN COMMENT
H. David Kaplan spoke in favor of the recent improvements at Steel Lake Park and the Steel Lake
Ball Park Field known as Masengale Field. He urged the Council to continue with innovative
partnerships. The Parks and Recreation Commission has chosen two areas on which to focus -
- youth and citizen involvement.
Steve Palevich thanked the Council for adoption of previous suggestions on the zoning codes. He
encouraged them for paint striping in pedestrian areas to reduce safety risks in connection with
Section 22-1634(d) Item 2. He also encouraged them to review Section 22-1634(t)(2)(b) of the
zoning code.
Rob Reuber expressed concern that the landscaping options in the guidelines; when added to other
landscape requirement for a site, would be owneress.
Paul Benton spoke of a parcel at the northeast corner of 312th & First Ave. South (Lots A, B, and
C) and stated zoning of that property was changed. This, he believes is an error. He also asked
the Council to take the time to review his earlier correspondence as well as the minutes of the
Planning Commission before making a final decision. He urged Council to allow public comment
and reconsider their position on the non-residential zoning text revisions and zoning map.
V.
CONSENT AGENDA
a.
b.
Min1lt....IT1In... 4, 1991i Rp.g)lI~r Mpp.ting
C01lncil Ri11 #141i/T~y Rpr....iv~hl... Col1pr.tion PrOl'P1i1lr..../Fn~ctm...nt
Orelin~n('P./Ord # 96-2611
RPA Ph~.... TT Proc...« ill Approv~1/RI'.olntion H96-2:B
So ""lith/Kilt. Corn...r Rp£ion~1 StOT:\g... F~ci1ity Riel Aw~rel/pnl1l'd hy
Conn..ilml'mhl'r Watkin.
So "<¡lith Right-H~nel T1Irn T ><n.../ Approv... 100% D....ign IV A1Ithority to Riel
c.
d,
e.
COUNCILMEMBER RON GINTZ MOVED TO ADOPT CONSENT AGENDA ITEMS A, B,
C AND E AS PRESENTED; second by Councilmember Mary Gates. The motion carried as
follows:
Federal Way City Council Regular Meeting Minutes
June 18, 1996 - Page 3 of 8
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Item D: This item was pulled as there was no recommendation from the Land Use/Transportation
Committee. Jeff Pratt made a brief presentation to Council using an overhead projector to relate
the project estimated costs and project funds, The low-bidder is Volker-Stevin; and as such,
should be awarded the contract. Some concerns were voiced regarding their work product and
timeliness. City Staff was aware of same, did some research and are assured the same problems
will not occur with this project. To that end, City staff will have a meeting with Volker-Stevin,
upon signing of the contract wherein they must answer questions in a manner approved by City
Staff relaying their understanding of cots and relevant deadlines related to the project.
COUNCILMEMBER PHIL WATKINS MOVED TO AMEND ITEM D INSERTING THE
PHRASE, "PURSUANT TO APPROPRIATE RESPONSES FROM THEIR STAFF UPON
MEETING WITH THE CITY" to the end of the motion, "to approve awarding to low bidder,
Volker-Stevin, for the So. 336th/Kitts Comer Regional Storage Facility; second by
Councilmember Gates. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
COUNCILMEMBERPHlL WATKlNS MOVED TO APPROVE ITEM D, AS AMENDED, TO
READ, "TO APPROVE AWARDING TO LOW BIDDER, VOLKER-STEVIN, FOR THE SO.
336TH1KITTS CORNER REGIONAL STORAGE FACILITY, PURSUANT TO APPROPRIATE
RESPONSES FROM THEIR STAFF UPON MEETING WITH THE CITY;" second by
Councilmember Gates. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
VI.
PUBLIC HEARING
C'.iti7.en C'.ommentI1QQ7-QR Proposf'n C'.ity Rnrlget
Federal Way City Council Regular Meeting Minutes
June 18, 1996 - Page 4 of 8
Mayor Priest opened the public hearing at 7:48 p.m. and called for public comment on the 1997-
98 Proposed City Budget. Betty Huff addressed and thanked the Council for their support of the
Arts Commission and urged them to keep their budget at its current level. She spoke of grants
received ftom various places and stated volunteers gave over 3,000 hours of service to the arts last
year.
Hearing no more public comment, Mayor Priest closed the public hearing at 7:50 p.m.
VII. INTRODUCTION ORDINANCES
a,
C'.Ollndl Ri11 #147/Non-Residenti~1 Zoning Text Revision.& 7.oning M~p
An Ordinance of the City Council of the City of Federal Way, Washington,
amending Chapter 22 of the Federal Way Zoning Code, pertaining to non-
residential districts by repealing sections 22-696 through 22-880 and adopting new
sections 22-696 through 22-871; amending section 22-1 to add and amend various
definitions; amending section 22-1113 regarding outdoor uses in commercial and
industrial zones; amending Section 22-571 relating to the enumeration of zoning
classification categories; amending Section 22-1566 relating to landscaping
requirements; amending 22-1601 relating to signs in non-residential zoning
districts; and revising the City of Federal Way's Official Zoning Map.
Deputy City Clerk Bob Baker read Council Bill #147.
b,
C'.onncil RiB #14RIC'.ommnnity Desie;n Onidelines
An Ordinance of the City Council of the City of Federal Way, Washington, adding
a new Article XIX to Chapter 22 of the Federal Way Zoning Code, adopting
community design guidelines.
Deputy City Clerk Bob Baker read Council Bill #148, After lengthy discussion between Council
and staff of necessary corrections, additions and deletions to each item and noting amendments
may be made at the July 2, 1996, regular meeting, Council concurred to handle the forwarding
of council bill #'s 147 and 148 to the July 2 regular meeting in one motion.
COUNCILMEMBER PHIL WATKINS MOVED TO FORWARD COUNCIL BILL #'s 147 &
148 TO ENACTMENT READING ON JULY 2, 1996; second by Deputy Mayor Hope Elder.
The motion carried as follows:
Federal Way City Council Regular Meeting Minutes
June 18, 1996 - Page 5 of 8
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
c.
rol1ndl 'Am Hl4Q/PI~nning rommi~~ion rode Revi~ion (MemheT~hip Rp.tll1ction)
An Ordinance of the City Council of the City of Federal Way, Washington,
amending Sections 22-57 and 22-58 of the Federal Way City Code to reduce the
number of appointed planning commission members from nine to seven and to
amend the appointment provisions for the planning commission.
Deputy City Clerk Bob Baker read Council Bill #149. COUNCILMEMBER PHIL WATKINS
MOVED TO FORWARD COUNCIL BILL #149 TO ENACTMENT READING ON JULY 2,
1996; second by Deputy Mayor Hope Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
d.
rol1ndl 'Am Hl'iO/Tl1nk Vehicle rode Revi~ion/Ord H9ti-269
An Ordinance of the City Council of the City of Federal Way, Washington,
amending the Federal Way Zoning Code Chapter 22 by adding definitions to
Section 22-1 relating to "inoperable motor vehicle", "junk or junked vehicle",
amending the definition of "junk" and amending FWCC Section 22-952 regarding
prohibitions against junk and junk yards.
Deputy City Clerk Bob Baker read Council Bill #150. COUNCILMEMBER RON GINTZ
MOVED TO SUSPEND RULES REGARDING 2ND READING; second by Councilmember
Mary Gates. The motion to suspend rules carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
no
yes
yes
COUNCILMEMBER PHIL WATKINS MOVED TO ENACT COUNCIL BILL #150; second by
Councilmember Mary Gates, The motion carried as follows:
Federal Way City Council Regular Meeting Minutes
June 18, 1996 - Page 6 of 8
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
VIII. CITY MANAGER REPORT
City Manager Nyberg gave a brief update on the Police Department and relayed 9 lieutenants are
"on board." More are expected to arrive shortly.
A budget retreat has been set for June 28, 1996, at Visitation Retreat & Cultural Center, at 12:00
p.m.
An executive session is necessary this evening; action anticipated; with length of session to be
approximately :35 minutes.
IX.
CITY COUNCIL REPORTS
Councilmember Park announced the next Public Safety/Human Services Committee meeting is
June 20, 1996, at 4:30 p.m. He also announced his attendance at a Jail Advisory Committee
meeting yesterday and noted the rising costs associated with jailing individuals convicted of
crimes. An alternative to jailing is electronic home detention. It was briefly discussed and is
being considered by the City of Federal Way.
Councilmember Watkins announced an ACC Executive Board meeting tomorrow evening. He
also announced the next Land Use/Transportation Committee Meeting is at an atypical time of
4:00 p.m. on July 1, 1996.
Councilmember Gintz reported a July 2, 1996, King County Parks Initiative meeting. He believes
this would be a good time for citizens to receive some good information about the initiative. He
also announced a Finance/Economic Development Committee Meeting of June 27, 1996, at 7:30
a,m.
Deputy Mayor Elder attended the A WC Conference and was impressed and she also attended the
Steel Lake Park Renovation Dedication on June 8, 1996.
Councilmember Dovey announced the first standing room only Parks Committee meeting took
place yesterday where they addressed the issue of achieving a 42 % recovery. The matter is to be
forwarded to the Finance Committee meeting on June 27, 1996. He also announced his
attendance at the Steel Lake Park Renovation Dedication. Jenny Schroder gave a brief report on
the worthwhile investment of the King County Bond issue, She discussed the cost associated with
Federal Way City Council Regular Meeting Minutes
June 18, 1996 - Page 7 of 8
Celebration Park to the voters if the measure would have passed the last time it was on the ballot,
versus the cost if the bond issue is approved and Federal Way receives funding for the park.
Jenny informed Council she would provide further infonnation tomorrow.
Councilmember Gates summarized the survey response priorities from the SCA Performance
audit. She also stated some concerns regarding the reorganization of SCA may be coming as well
as questions about the number of meetings per month, holding a quarterly board of directors
meeting and the possible number of members ftom each city, etc. She asked the Councilmembers
to get some feedback to her in the next week to take to the next meeting with her. She also
reported the first copy of the lO-year Transit Plan passed on May 31, 1996, at SCATBrd. And,
finally, she announced the resolutions packet ftom AWC is available in the Council office for
those who are interested.
At 9:24 p.m., Mayor Priest recessed the regular meeting and Council left Chambers to begin
executive session.
x.
EXECUTIVE SESSION
a.
b.
PolenliHJ LiligHlion/Pnr.nHnl 10 RC'.W 47 10 11O(i)
R..",J Property N".goliHlion./Pnr.nHnl 10 RC'.W 4710 110(r'.)
At 10:01 p.m., MAYOR PRIEST MOVED TO SUSPEND RULES AND WORK BEYOND THE
10:00 P.M, HOUR; second by Councilmember Phil Watkins. The motion carried as follows:
Priest
Watkins
yes
yes
Elder
Park
yes
yes
All other Councilmembers were not present in chambers, during the motion and vote.
At 10:21 p.m., Council returned to Chambers and MAYOR PRIEST MOVED FOR APPROVAL
TO DIRECT THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT
WITH STEVE ANDERSON TO SETTLE THE LAWSUIT KNOWN AS KING COUNTY
SUPERIOR COURT CAUSE NO. 95-2-03701-1 BY AGREEING TO PROVIDE A LETTER
AND PRESS RELEASE TO MR. ANDERSON INDICATING THAT HIS SEPARATION
FROM THE CITY WAS NOT THE RESULT OF THE CITY FINDING THAT HE ENGAGED
IN ACTS OF SEXUAL HARASSMENT, BUT WAS A RESULT OF A CHANGE IN THE
MANAGEMENT TEAM THAT ACCOMPANIED CITY MANAGER NYBERG'S
APPOINTMENT AND BY THE CITY'S INSURER MAKING A PAYMENT OF $18,000.00
TO MR. ANDERSON'S ATTORNEYS WHICH PAYMENT SHALL NOT CONSTITUTE A
Federal Way City Council Regular Meeting Minutes
June 18, 1996 - Page 8 of 8
DAMAGE AWARD TO MR. ANDERSON; second by Councilmember Phil Watkins. The
motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
XI.
AD] 0 URNMENT
Having no further business to come before the Council, Mayor Priest adjourned the regular
meeting at 10:25 p.m.
H - !<dJeJ¡f ~
H. Robert Baker
Deputy City Clerk