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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