Council MIN 12-16-1997 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
December 16, 1997 - 7:00 p.m.
MINUTES
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
Michael Park, Ron Gintz and Phil Watkins, Jack Dovey and Mary Gates.
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
Cub Scout Pack 361 led the flag salute.
III.
PRESENTATIONS
a.
Public Safetv DeDartment Recog¡¡jtionlNeighborhood Safetv Program
Deputy Mayor Elder read a Certificate of Recognition presented to the Department of Public
Safety. The Washington State Traffic Safety Commission has recognized the department with its
"Creative Solutions" award for the Neighborhood Speed Watch Program. Chief Wood accepted
the Certificate; and in turn, he recognized Lt. Andy Hwang and Community Resources Manager
Brooke Owen. Chief Wood also recognized and expressed appreciation for the partnership
efforts of those who volunteer on the Neighborhood Speed Watch Program. Lt. Hwang thanked
the Council and the volunteers. He especially thanked Chief Wood for his leadership and vision.
He noted the volunteers for the Speed Watch program have donated over 750 hours.
b.
Weverhaeuser - Soecial Presentation - Celebration Park
Mayor Priest introduced Creigh Agnew, Vice President of Government Affairs and Corporate
Contributions. He then asked Parks Commission member Laird Chambers and Celebration Park
Funding Committee co-chairs Barbara Reid and Dini Duclos to come forward for a special
presentation. Ms. Agnew announced the donation of $50,000.00 by the Weyerhaeuser Company
toward the development of Celebration Park. She presented a check to Councilmember Dovey
and remarked she was especially thankful for Celebration Park as she is a Federal Way resident
and has children who will benefit ITom its use.
ORr SINAL
CITY COUNCil.. REGULAR MEETING
MINUTES - DECEMBER 16, 1997 - PAGE 2
Councilmember Dovey then presented a plaque to Ms. Agnew recognizing the generous
contribution ftom the Weyerhaeuser Corporation.
IV.
CITIZEN COMMENT
Dietrick Jones thanked the Council for approving use of Fishers Bog property and sought
volunteers to assist the Federal Way Historical Society.
Martin Barnes spoke in opposition to the proposed Pacific Place Condominiums; King County
Building Permit #B97C0270. This property is near the proposed area of annexation -
Applewood.
Harry Horan spoke of his general support of the nonconformance code amendments. He did,
however, express concern relative to changes of use. He felt compliance will be next to
impossible for some.
Alison Corrigan spoke on the unallocated utility tax funds. The Chamber of Commerce, through
Alison, expressed its appreciation for the investment in the downtown revitalization program.
They are, however, concerned with the recent allocations to further fund the Knutzen Family
Theatre and Celebration park. They have urged the Council to place the remaining unallocated
funds into the downtown revitalization program.
Dan Casey spoke extensively on the proposed nonconformance code amendments. Two areas of
concern are the ftontage improvement section and the water quality section. He proposed his
own changes to the code for Council's consideration.
V.
CONSENT AGENDA
c.
d.
e.
f.
g.
h.
MinuteslDecember 2 1997 Regular Meeting & December 8 1997 Special Meeting
VoucherlDecember 16 1997
Monthlv Financial Report/October 1997
Local Law Enforcement Block Grant
Motor Vehicle Excise Tax Grant
Communitv Development Block Grant
Automated Fingerprint Identification Svstem Grant
So. 336thlKitts Regional Storage Facilitv Repair/Final Acceptance
Celebration ParklMemorandum of Understanding
i.
j.
k.
Councilmember Gates MOVED APPROVAL OF ALL CONSENT AGENDA ITEMS AS
PRESENTED; second by Councilmember 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 - DECEMBER 16, 1997 - PAGE 3
VI.
CITY COUNCIL BUSINESS
Celebration Park Bid Award
a.
Councilmember Dovey MOVED APPROVAL TO AWARD THE CELEBRATION PARK
CONSTRUCTION PROJECT TO STAN PALMER CONSTRUCTION, INC., THE
APPARENT LOWEST RESPONSIVE RESPONSffiLE LOW BIDDER, FOR THE
CONSTRUCTION OF EIGHT SPORTS FIELDS, NORTH ROAD, PARKING LOTS, TRAILS
AND BRIDGES, WETLAND MITIGATION AND SITE WORK, 91H AVENUE
IMPROVEMENTS FOR $6,721,146 INCLUDING SALES TAX, AND TO ADVANCE
$320,000 OF THE UNALLOCATED UTILITY TAX FUNDS TO THE PROJECT; second by
Deputy Mayor Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
no
yes
b.
American Janitorial Services Amendment
Councilmember Gintz MOVED APPROVAL TO EXECUTE THE SECOND AMENDMENT
TO THE JANITORIAL MAINTENANCE SERVICES AGREEMENT FOR AMERICAN
JANITORIAL SERVICES; second by Councilmember Park. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
c.
Kin¡¡ Conservation District!Resolution
APPROVED RESOLUTION NO. 97-263
Councilmember Dovey MOVED APPROVAL TO ADOPT A RESOLUTION AUTHORIZING
THE CITY MANAGER TO FILE A PETITION FOR EXCLUSION OF THE CITY OF
FEDERAL WAY FROM THE KING COUNTY CONSERVATION DISTRICT; second by
Deputy Mayor Elder.
Discussion ensued.
CITY COUNCIL REGULAR MEETING
MINUTES - DECEMBER 16, 1997 - PAGE 4
The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Councilmember Park MOVED APPROVAL TO ADD ITEM (d) - HUMAN SERVICES
COMMISSION APPOINTMENT; second by Deputy Mayor Elder. The motion carried as
follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Mayor Priest MOVED APPROVAL TO ADD ITEM (e) - CITY MANAGER'S EVALUATION;
second by Councilmember Gates. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
d.
Human Services Commission Aopointment
Councilmember Park MOVED APPROVAL TO APPOINT CURRENT HUMAN SERVICES
COMMISSION ALTERNATE DARREN PASCHKE TO FILL THE VACANCY CREATED
WITH THE RESIGNATION OF TOSKA RODRIQUEZ; 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.
Citv Manager Evaluation
Mayor Priest cited several awards and accomplishments of City Manager Nyberg over the last
two years such as:
-City Manager Award - Intergovernmental Coordination - 1996
CITY COUNCIL REGULAR MEETING
MINUTES - DECEMBER 16, 1997 - PAGE 5
-City Manager Award - Excellence for Management - 1996
-City Manager Award - Excellence in Police Implementation - 1997
Councilmember Gintz MOVED APPROVAL TO AWARD CITY MANAGER NYBERG A
ONE-TIME $7,800.00 PERFORMANCE PAYMENT FOR 1997; approximately 8% of his
yearly salary. His base salary is to remain the same for 1998. The motion was seconded by
Councilmember Dovey. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
VII. ORDINANCES
a.
Council Bill #181/Non-Conforming Code AmendmentslEnactment
Ordinance/APPROVED ORDINANCE # 97-307
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIllNGTON, AMENDING CHAP'IERS 16 AND 22 OF THE FEDERAL WAY CITY CODE,
PERTAINING TO LAND USE AND ZONING, ADOPTING NEW DEFINITIONS, REVISING
EXISTING NONCONFORMANCE PROVISIONS AND CONSOLIDATING THE
REQUIREMENTS FOR PUBLIC IMPROVEMENTS INTO THE NONCONFORMANCE,
ARTICLE IV OF CHAPTER 22.
Deputy City Clerk Baker conducted second reading of the ordinance.
COUNCILMEMBER WATKINS MOVED TO ADOPT THE ORDINANCE AS APPROVED AT
THE LAND USE/TRANSPORT ATION COMMITTEE LEVEL; second by Councilmember Dovey.
Discussion followed.
Councilmember Gates moved to amend the main motion by AMENDING THE ORDINANCE TO
INCLUDE PROPOSED CHANGES BY STAFF SUCH AS REFINEMENT OF TERM
"STRUCTURAL DEVELOPMENT," INCLUSION OF GROSS FLOOR AREA WITHIN
DEFINITION OF "REDEVELOPMENT" AND CORRESPONDING TRIGGER, INCLUSION OF
"CHANGE OF USE INTRODUCING NEW POLLUTANTS" WITHIN "DEVELOPMENT,"
CLARIFICATION OF DEFINITION OF "CHANGE OF USE," PROVISION FOR
INCREMENTAL CONSTRUCTION OF REQUIRED IMPROVEMENTS, INCLUSION OF
REPLACEMENT OF STRUCTURE WITHIN "REDEVELOPMENT" DEFINITION AND USE
OF MAPS, DATA OR WRITTEN POLICIES; second by Councilmember Gintz.
Public Works Director Cary Roe gave an overview of the proposed revisions (by staff). He also
paraphrased Mr. Casey's earlier comments and addressed concerns regarding the water quality thresh
hold trigger.
CITY COUNCIL REGULAR MEETING
MINUTES - DECEMBER 16, 1997 - PAGE 6
Further discussion ensued.
The motion to amend carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
The main motion, as amended carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
b.
Council Bill #187/Civil Services Code AmendmentlIntroduction Ordinance
AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY.
WASHINGTON, RELATING TO CIVIL SERVICE AND PERSONNEL MANAGEMENT
AND EXCLUDING FROM CIVIL SERVICE TIIE RANK OF POLICE COMMANDER.
(AMENDS ORDINANCES 95-244 & 96-258)
Deputy City Clerk Bob Baker read Council Bill #187. Deputy Mayor Elder moved APPROVAL
TO FORWARD COUNCIL BILL #187 TO JANUARY 6,1998, FOR SECOND
READINGÆNACTMENT; second by Councilmember Dovey. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
c.
Council Bill #188/Subdivision Code AmendmentslIntroduction Ordinance
AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 20 OF TIIE FEDERAL WAY SUBDIVISION
CODE, ADOPTING SPECIFIC AMENDMENTS AND ADDING NEW REGULATIONS FOR
CLUSTER SUBDIVISIONS.
Deputy City Clerk Bob Baker read Council Bill #188. Deputy Mayor Elder moved APPROVAL
TO FORWARD COUNCIL BILL #188 TO JANUARY 6, 1998, FOR SECOND
READINGÆNACTMENT; second by Councilmember Dovey.
CITY COUNCIL REGULAR MEETING
MINUTES - DECEMBER 16, 1997 - PAGE 7
The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
VIII. CITY MANAGER REPORT
Mr. Nyberg reported the next Council meeting is on January 6, 1998. The City will have no
official Mayor or Deputy Mayor until that meeting. Should some urgent matter arise, the senior
member on the Council, Mary Gates, will be contacted and asked to serve in a Mayoral capacity.
Deputy City Manager Keightley is slated to be away fÌ'om City Hall until January 18, 1998.
Finally, he noted Council Retreat is set for January 9 and 10, 1998.
IX.
CITY COUNCIL REPORTS
Councilmember Gates reported the RTA budget passed last Thursday and noted the Federal Way
Park & Ride is on "Fast Track" and we need to ensure our wishes for that project are in place.
Other regional issues were briefly discussed.
Councilmember Dovey reported a ground breaking/dedication ceremony at Celebration Park on
Friday, December 19, 1997, at 12:00 p.m.
Deputy Mayor Elder made no report.
Councilmember Gintz made no report.
Councilmember Watkins reported the Land Use!Transportation Committee was "disbanded" until
such time as a new Chair would be appointed in January.
Councilmember Park noted the next Public Safety/Human Services Committee regular meeting is
tentatively scheduled for January 8, 1998.
CITY COUNCIL REGULAR MEETING
MINUTES - DECEMBER 16, 1997 - PAGE 8
x.
ADJOURNMENT
Having no other business to come before the Council, Mayor Priest adjourned the regular meeting
at 8:25 p.m.
Robert H. Baker
Deputy City Clerk