Council MIN 09-03-1996 Regular
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
Regular Meeting
September 3, 1996
MINUTES
I.
CALL MEETING TO ORDER
Mayor Priest opened the regular meeting of the Federal Way City Council at 7:02 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.
ll.
PLEDGE OF ALLEGIANCE
Boy Scout Troop #301 led the flag salute under the supervision of Dave Moore.
ID.
PRESENTATIONS
a.
Tony Vo1pentest PrOC'I~m~tion
Deputy Mayor Elder read the proclamation encouraging all Federal Way citizens to acknowledge
the work, dedication and commitment to excellence shown by Tony Volpentest at the paralympics
in Atlanta, Georgia, in August, 1996. She stated Mr. Volpentest serves as an example and mentor
to those in our community with and without physical challenges. Mr. Volpentest was not present.
b.
King ('onnty PnliC'P. Aw~rt!s
This matter was stricken due to scheduling conflicts. The item may be reset to the September 17,
1996, regular meeting agenda.
c.
W~shington í'.ity/í'.onnty M~n~gement A..OC'iMion Aw~rt!s (add on)
Congratulations are in order for City Manager Nyberg for receiving the WCMA Award for
Excellence and to Deputy City Manager Keightley for receiving the WCMA Assistance Excellence
in Leadership Award and again to Ken Nyberg for receiving the award for Skill in
Intergovernmental Cooperation in connection with the "New Cities Forum." There are six awards
for excellence in city management made annually by WCMA. This year, Federal Way received
three of them. In a recent press release, it was noted that Mr. Nyberg has demonstrated excellence
ORIGINAL
FEDERAL WAY CITY COUNCIL REGULAR MEETING
Minutes - September 3, 1996 - Page 2
in leadership and organizational management which have been hallmarks of his year in public
sector work. Philip was cited for creativity, resourcefulness and civility which contributed to his
being a key leader in our operation. Finally, our city was recognized for co-hosting a new cities
forum in April which was used for discussing the potential for sharing experiences among elected
officials and staff for the nine new cities which have incorporated, in Washington, since 1990.
This group of people also developed an agenda for issues of future collaboration among new
cities.
IV.
CITIZEN COMMENT
Nancy McElaney, Lisa Grimes, Pastor Mike McIntosh, Sterling Smith, Jim Wear, John Metcalf,
Kim von Henkle, Betsy Lieberman, Marion Ybarra and Randy White spoke in favor of the City
Council approving the Human Services Commission's recommendation to provide $10,000.00 to
fund AIDS Housing of Washington for the Scattered-Site AIDS Housing Program; thereby
providing two units of "affordable housing in Federal Way.
v.
m.
n.
o.
p.
q.
r.
s.
t.
CONSENT AGENDA
a.
b.
c.
d.
Minllte./ AlIgll.t 6, 1996 Rp-glllM MpP.ting
VollC'.her/SP.ptemher~, 1996
Monthly Fin~n"i~l R"'P"rt/Tnly 1996
Pl~nning Commissioner Appointments/Pulled by Watkins
HlIm~n Servke. r'omprehen.ive pl~n/Pulled by Park
1997 í'.DRCi FlIntl;ng/Pulled by Dovey
Pl~nning í'.ommission Work Priority Acljllstment/SC'.hool Port~hles/Pulled by
Watkins
Tr~ffÏl'. S~fety Progr~m/Twin T ...kes Neighhorhootl
Neighhorhootl Trnffi" S~fety Prog~m/Propo...l1 í'.riteri~ Revisions/Pulled by
Priest
So ~ 16th St IIr ?nth Ave So TrnffiC'. S;gn~1 í'.onstTIIC'.t;on Rontl ProjeC'.t/Fin~1
AC'.C'P.pt~n"e
Mirror T ...ke W;reless í'.ommnniC'...tion Facility/Pulled by Dovey/APPROVED
RF.'i;OT .TTTION NO 96-237
PoHC'P. DP.pt FmergenC'.y Di<p~t"h ServiC'P../Memor~ntlnm of JTntler.t~ntling with
V~l1ey CommllniC'...tions í'.enter
Herit~ge Wootls P~rk
Visirntion Retr~t IIr í'.nltnrnl í'.enter AntlHorinm Renov~tions/Pulled by Watkins
"í'.T ASS" Softw~re í'.onversion
T ...ke Cirove R~l1fielt1 Renov~tion/Pulled by Dovey
SWM M;nor í'.1p ph~.e TJ/Ritl Aw~rd
So ~4Rth St Tmprovement í'.onstTIIC'.tion í'.ontrnC'.t/Fin~l AC'.C'P.pt~nC'.e
So ~?4th St (í'.DR(,~ Sitlew~lk í'.onstTIIC'.tion Projpr.t/Fin~l Aœept;¡nC'.e
RpA Trnil Corridor ph~... JJ í'.onstnlC'.tion í'.ontrnC'.t/Rid Aw~rtl
e.
f.
g.
h.
i.
j.
k.
I.
FEDERAL WAY CITY COUNCIL REGULAR MEETING
Minutes - September 3, 1996 - Page 3
u.
v.
SW'\4Oth St IIr ,'ith Ave SW Trnffi" Sign~1 í'.onstnlC'.tion Rontl Projpd/Ritl Aw~rtl
PlIg/'.t Power Street T ight RelOC'~tion Agreement/6th Ave SW IIr SW í'.~mpn. Dr
TrnffiC'. Sign~1 Rontl Project
P1Jgt"l Power IIr ITS West TTntlergrollntl TTtility AgreementlWSDOT ProjPd SR 161
Jovit~ Rlvtl to SR 1 R Ro~tI Widening
w.
COUNCILMEMBER GINTZ MOVED TO ADOPT CONSENT AGENDA ITEMS A, B, C, H,
J, L, M, 0, Q, R, S, T U, V & W; second by Deputy Mayor Elder. The motion carried as
follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Item D: COUNCILMEMBER WATKINS MOVED TO APPOINT ROBERT VAUGHAN,
PETER MORSE AND DEAN GREENOUGH TO THE PLANNING COMMISSION FOR
TERMS OF 4 YEARS EACH AND TO APPOINT ADEBOLA ADEKOYA AS SECOND
ALTERNATE, ALSO WITH A 4- YEAR TERM; second by Councilmember Dovey. The motion
carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Item E: COUNCILMEMBER PARK MOVED TO COMBINE ITEMS E & F; second by
Councilmember Watkins. The motion failed as follows:
Priest
Gates
Gintz
Dovey
no
no
no
no
Elder
Watkins
Park
yes
yes
yes
Discussion ensued. COUNCILMEMBER PARK MOVED TO REFER THE ITEM BACK TO
THE PUBLIC SAFETY/HUMAN SERVICES COMMITTEE FOR FURTHER DISCUSSION
AND REVIEWING OF DATA WITHIN THE COMPREHENSIVE PLAN; second by
Councilmember Watkins. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING
Minutes - September 3, 1996 - Page 4
Item F: Patricia Talton made a brief comment regarding the CARES program and explained the
increase in funding estimate. Jennifer Schroder assured the comprehensiveness and integration
of the overall funding as outlined in the 1997 CDBG Funding. Both Ms. Talton & Ms. Schroder
were able to answer miscellaneous questions and concerns raised by the Council.
COUNCILMEMBER GINTZ MOVED TO DISMISS THE RECOMMENDATION OF THE
PUBLIC SAFETY/HUMAN SERVICES COMMITTEE DENYING FUNDING TO AIDS
HOUSING AND TO APPROVE THE HUMAN SERVICES COMMISSION'S
RECOMMENDATION TO CONTRIBUTE $10,000.00 TO AIDS HOUSING OF
WASHINGTON SCATTERED-SITE AIDS HOUSING PROGRAM; second by Councilmember
Gates. Further discussion continued. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
no
no
no
Item G: COUNCILMEMBER WATKINS MOVED TO REFER THIS ITEM BACK TO THE
LAND USE/TRANSPORTATION COMMITTEE FOR DISCUSSION/ACTION WHEN
CONSIDERING THE PLANNING COMMISSION'S 1997 WORK PLAN; second by
Councilmember Gintz. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Item I: City Traffic Engineer Rick Perez answered several questions raised by Councilmembers
before COUNCILMEMBER GINTZ MOVED TO APPROVE THE PUBLIC SAFETY/HUMAN
SERVICES COMMITTEE'S PROPOSED CRITERIA REVISIONS FOR THE
NEIGHBORHOOD TRAFFIC SAFETY PROGRAM, EXCLUDING THE CRITERIA FOR
INSTALLATION AND REMOVAL OF TRAFFIC CIRCLES; second by Councilmember Gates.
The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Item K: Councilmember Dovey requested and Council agreed to excuse him from this vote.
COUNCILMEMBER WATKINS MOVED TO APPROVE RESOLUTION #96-237 "MIRROR
LAKE WIRELESS COMMUNICATION FACILITY," AS PRESENTED; second by
Councilmember Gates. The motion carried as follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING
Minutes - September 3, 1996 - Page 5
Priest
Gates
Gintz
Dovey
yes
yes
yes
excused
Elder
Watkins
Park
yes
yes
yes
Item N: Jennifer Schroder reviewed the transactions relative to this matter thus far. In turn,
COUNCILMEMBER WATKINS MOVED TO APPROVE ADOPTION OF SCHEMATIC PLAN
B, AS PRESENTED, WITH THE UNDERSTANDING NO FUNDS ARE AVAILABLE FOR
ACTION AT THIS TIME; second by Deputy Mayor Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Item P: Councilmember Dovey remarked this is a project of which to be proud due to the fact it
was presented two years ago; volunteers have worked hard to make the project come this far.
COUNCILMEMBER DOVEY MOVED TO APPROVE THE PROJECT AND THE GOING
FORWARD WITH THE REQUEST FOR BIDS; second by Councilmember Gates. The motion
carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
At 8:50 p.m., Mayor Priest recessed the regular meeting until 9:00 p.m.
VI.
LICENSE REVOCATIONillENIAL APPEAL HEARING
AW...1 from H.....ring Rx~miner D"1'.ision/Yong Rip Smith
Mayor Priest made a few remarks and announced receipt of all exhibits for Council consideration
before opening the appeal hearing at 9:04 p.m.
Mr. Murphy addressed Council and stated he advocates truth and justice for all. He questioned
due process to his client and stated normal discovery requests and dangerous hearsay hurt his
client's case.
Ms. Lindstrom reviewed the facts of the case with Council and rebutted Mr. Murphy's statements
and "mischaracterations" of the facts.
Both counselors fielded questions from the City Council. Much discussion ensued.
FEDERAL WAY CITY COUNCIL REGULAR MEETING
Minutes - September 3, 1996 - Page 6
City Attorney Londi Lindell stated the City Council could 1) adopt, 2) modify or 3) reverse the
[IDdings and decision of the Hearing Examiner.
At 9:46 p.m., the City Council took the matter under advisement and the Mayor informed the
parties Council will render a verdict at the September 17, 1996 meeting.
vll. CITY MANAGER REPORT
City Manager Nyberg conveyed Chief Wood has begun training the new police officers and informed
Council there are now 45 sworn-staff persons on board at the Police Department. Finally, he
thanked the Council for the recognition received earlier this evening. He expressed appreciation on
behalf of himself and Mr. Keightley.
vllI. CITY COUNCIL REPORTS
Councilmember Park announced the next Public Safety/Human Services Committee Meeting is
September 19, 1996, at 4:30 p.m.
Councilmember Watkins announced the next Land Use/Transportation Committee Meeting is
September 9, 1996, at 5:30 p.m. The City Council and Planning Commission are invited for a
presentation by the City ofBurien's consultants on its legislatively-funded study on impacts of airport
noise on airport communities. Next, he reported the ACC has appealed the Environmental Impact
Statement of the Port of the Seattle with reference to the expansion of the airport. The procedure
should be completed within approximately 90 days. Based on the outcome of the appeal, an
additional lawsuit may result.
The City of Des Moines Council will meet September 5, 1996, to discuss the planned annexation
between Federal Way and the Redondo area west of Pacific Highway South. He has a conflict and
cannot attend but suggested someone should as this is an area of interest.
Councilmember Dovey announced the next Parks & Recreation Committee Meeting is September
16, 1996, at 8:00 a.m.
Councilmember Gates reported the Suburban Cities organizational audit review and
recommendations will be finalized at the September 4, 1996, Special Board Meeting and voted upon
at the September 11, 1996, regular meeting. At the same September 11, 1996, regular meeting, the
1997 Budget will be voted upon with an increase which is equal to 1/3 of the reserve replacement.
She also stated a resolution came out of Suburban Cities recently which is consistent with and
reflects the desires of the City Council in the RTA. As vice president, Councilmember Gates serves
as the legislative chair of the Suburban Cities Association.
FEDERAL WAY CITY COUNCIL REGULAR MEETING
Minutes - September 3, 1996 - Page 7
The RTA meeting scheduled for September 5, 1996, will contain the issue of specialized paratransit;
its work plan and opening of the tunnel for longer hours, and the spread of specialized transit
services into the suburbs as well as the cities. She remarked a memo on the RTA is coming which
relates some of the companies (Weyerhaeuser, ABAM, Boeing, Chambers of Commerce, Microsoft)
and cities (Everett, Lakewood, Renton, Kent Tacoma, Redmond, Mercer Island, Kirkland, Port of
Seattle and Port of Tacoma) which employ some of our Federal Way residents.
Mayor Priest announced Councilmember Watkins has been selected to serve as a representative to
the A WC Legislative Committee.
At 9:55 p.m., COUNCILMEMBER GATES MOVED TO SUSPEND RULES AND EXTEND
BEYOND THE 10:00 O'CLOCK P.M. HOUR; second by Deputy Mayor Elder. The motion carried
as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
no
yes
Mayor Priest recessed the regular meeting and Council went into executive session at 9:56 p.m.
IX.
EXECUTIVE SESSION
a.
b.
c.
C'.ol1ective ~{g~ining/P11T<I1~nt to Rí'.W 42 10 140(4)(;1)
Property AC'.qJlisition/Plr'"~nt to Rí'.W 42 10 11O(h)
Potenti~l T itig~tion/Pl1rsl1~nt to Rí'.W 4? 10 1100)
At 10:56 p.m., Deputy City Manager Keightley announced another :30 minutes were necessary.
At 11:26 p.m., Deputy City Manager Keightley announced another :15 minutes were necessary.
At 11:40 p.m., Deputy City Manager Keightley announced another :15 minutes were necessary.
At 11:48 p.m., Council returned and COUNCILMEMBER GINTZ MOVED TO DIRECT THE
CITY MANAGER TO ENTER INTO A UNION AGREEMENT WITH TEAMSTERS LOCAL
UNION #763 UPON ITS RA TIF1CA TION AND SIGNING BY THE BARGAINING UNIT OF
CITY EMPLOYEES CONSISTING OF SEVEN (7) PARKS MAINTENANCE WORKERS AND
FOUR (4) SURFACE WATER MAINTENANCE WORKERS. THE TERM OF THIS
AGREEMENT WITH BE TWO AND ONE HALF (2 'h) YEARS, RETROACTIVE TO JULY
1, 1996, AND TERMINATING ON DECEMBER 31, 1998, AND WILL PROVIDE FOR
OTHER PROVISIONS DEALING WITH THE LABOR RELATIONS BETWEEN THE CITY
AND THE BARGAINING UNIT; second by Councilmember Dovey. The motion carried with
the following councilmembers present:
FEDERAL WAY CITY COUNCIL REGULAR MEETING
Minutes - September 3, 1996 - Page 8
Priest
Gates
Gintz
Dovey
not present
not present
yes
yes
Elder
Watkins
Park
yes
yes
not present
x.
AD J 0 URNMENT
At 11:50 p.m., Deputy Mayor Elder adjourned the regular meeting.
~. Mlf}¡ t mb_-->
H. Robert Baker
Deputy City Clerk