Council MIN 11-18-1997 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
November 18, 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
Boy Scout Troop #361 led the flag salute.
III.
CITIZEN COMMENT
Tracey Eide, Human Services Commission Chair, spoke regarding the Commissions'
recommendations to the Council for 1998 funding which included restoration of$8,000.00 to the
Federal Way Caregiving Network Emergency Shelter Program and $2,000.00 to the South King
County Multi Service Center Food and Clothing Bank Program and reducing funding in ACAP
Child & Family Services and the Washington Women's Employment & Education Computer
Applications Program. Ms. Eide asked the Council to allocate more funds to the next budget. She
stated as the community grows, so does its needs. Finally, she told Council they should be very
pleased and proud to have Ann Guenther, Patricia Talton and Sun So on staff. They do a terrific
job.
Del Hoover spoke in opposition to reducing the Women's Employment and Education Computer
Applications Program as part of the Human Services 1998 budget adjustment. He said there is no
question of need and funds for such training should be provided.
Thomas Trompeter, Associate Director of Community Health Centers of King County, spoke in
support of the Human Services Commission's recommendations. He also stated his appreciation
of the Commission and City staff.
Margo Fleshman spoke in opposition to the Human Services Commission proposed reduction in
funding for the Washington Women's Employment and Education. She stated the program is
necessary since we are in the middle of welfare reform. She urged the Council to consider a
reinstatement of $5,000.00 for the service.
ORIGINAL
CITY COUNCIL REGULAR MEETING
MINUTES - November 18, 1997 - Page 2
Elaine Mansoor, General Manager, SeaTac Mall, spoke regarding non conforming code issues. As
regard to the incremental approach, Elaine stated this is similar to a proportional method of
calculation; however, it is better defined as an incremental calculation. The approach would be
implemented on expansions beyond 5,000 square feet and a master plan would be required for a
project that triggers compliance. A minimum of 20% of the water quality improvements to bring
the entire site into compliance would be required and each additional trigger would require a
minimum of20% of the water quality improvements to bring the entire site into compliance. She
stated this approach is win-win for the City and business developers.
Dan Casey spoke regarding the issue of water quality and non conforming issues. He said there are
no laws directing cities on conformance; however, they do have guidelines which encourage
existing businesses into compliance with City codes.
IV.
CONSENT AGENDA
a.
b.
Minutes/November 5. 1997 - RelZular MeetinlZ Minutes
1998 Human Services FundinlZ Recommendations
Council Bill #181/Non-ConforminlZ Code Amendments
Streets Litter Control Contract Term Extensionl1998
SeaTac Mall Detention Phase W30% DesilZn Status Renort
Streets Maintenance Contract Term Extensionl1998
Street Sweeninl! Contract Term Extensionl1998
Sneed Humo ReQuest/35th Ave SW
AII-Wav Stoo ReQuestiSW 328th St
SeaTac Mall Police Services Contract Extensionl1998
DOT/Narrows BridlZe Committee
Wildwood Estates Final Plat Aooroval
c.
d.
e.
f.
g.
h.
i.
j.
k.
1.
Councilmember Gintz pulled item b. Mayor Priest pulled item c. Councilmember Watkins pulled
item 1.
Councilmember Dovey MOVED APPROVAL OF CONSENT AGENDA ITEMS A, D, E, F, G, H,
I, J AND K; second by Deputy Mayor Elder. The motion carried as follows:
Item B:
Priest
Gates
Gintz
Dovey
Elder
Watkins
Park
yes
yes
yes
yes
yes
yes
yes
1998 Human Services Funding Recommendations
Councilmember Watkins MOVED APPROVAL OF THE ALLOCATIONS AS PRESENTED;
second by Councilmember Gates.
Discussion hinged on passing or deferring action on this item. Further discussion and additional
funding may be raised at a later date. If no action is taken today, there may be an impact to
agencies as contracting would be delayed.
CITY COUNCn.. REGULAR MEETING
MINUTES - November 18, 1997 - Page 3
Further discussion ensued regarding additional funding to other areas. It was the consensus of
Council that further recommendations may be raised in the future.
Mayor Priest thanked Tracey Eide and the Human Services Commission for their efforts. They
took the recommendations very seriously.
The motion to approve the allocations as presented carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Item C:
Council Bill #1 81/Non-ConforminlZ Code Amendments
Councilmember Gates MOVED TO STRIKE THIS ITEM FROM THE CONSENT AGENDA
AND ADD IT AS A COUNCIL BUSINESS ITEM; second by Councilmember Watkins. The
motion carried as follows;
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Item L:
Wildwood Estates Final Plat AoorovallResolution
Councilmember Watkins MOVED TO DEFER ACTION ON THIS ITEM UNTIL THE
DECEMBER 2, 1997, REGULAR CITY COUNCIL MEETING AGENDA; second by
Councilmember Gintz. The motion carried as follows: .
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
ADDITIONS
Councilmember Watkins MOVED TO ADD EMERGENCY MEDICAL SERVICES LEVY
ISSUE AS A COUNCIL BUSINESS ITEM; second by Councilmember Gates. The motion carried
as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
CITY COUNCIL REGULAR MEETING
MINUTES - November 18, 1997 - Pa&e 4
Councilmember Dovey MOVED TO ADD CMC THEATRE REQUEST FOR FUNDS AND
REQUEST FOR AUTHORIZATION FOR CHANGE ORDER AS COUNCIL BUSINESS
ITEMS; second by Councilmember Watkins. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
V.
PUBLIC HEARING
a.
b.
Mid- Biennial Bud¡¡et Amendment
1998 Prooertv Tax Rate
Citizen Comment
Mayor Priest opened the public hearing at 7:34 p.m. and explained the public hearing process.
No citizen comment was received.
Mayor Priest closed the public hearing at 7:36 p.m.
VI.
INTRODUCTION ORDINANCES
a.
Council Bill #1 82/Mid-Biennial Bud¡¡et Amendment
AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGET AND FINANCE, REVISINGTIIE 1997-98
BIENNIAL BUDGET (AMENDS ORDINANCE 96-278 AND ORDINANCE 97-289 AND
ORDINANCE 97-294).
Council Bill #182 was read by Deputy City Clerk Bob Baker. Deputy Mayor Elder MOVED
APPROVAL TO FORWARD COUNCIL BILL # 182 TO THE DECEMBER 2 AGENDA FOR
SECOND READINGÆNACTMENT; second by Councilmember Watkins. The motion carried as
follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
b.
Council Bill #183/Prooertv Tax Rate
AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY,
WASHINGTON, FIXING TIIE PROPERTY TAX AMOUNT FOR TIIE YEAR 1998.
Council Bill # 183 was read by Deputy City Clerk Bob Baker. Councilmember Dovey MOVED
APPROVAL TO FORWARD COUNCil.. Bil..L #183 TO THE DECEMBER 2 AGENDA FOR
CITY COUNCIL REGULAR MEETING
MINUTES - November 18, 1997 - Page 5
SECOND READINGÆNACTMENT; second by Councilmember Gates. The motion carried as
follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
c.
Council Bill #184/PSE Franchise
AN ORDINANCE OF mE CITY COUNCIL OF mE CITY OF FEDERAL WAY,
WASHINGTON, GRANTING PUGET SOUND ENERGY, A WASHINGTON CORPORATION,
A NONEXCLUSIVE FRANCHISE TO HAVE AND USE ITS FACILITIES IN, UPON, OVER,
UNDER, ALONG, ACROSS AND rnROUGH mE FRANCHISE AREA WITHIN mE CITY
FOR PURPOSES OF JRANSMISSI0N, DISTRIBUTION AND SALE OF ENERGY FOR
POWER, ELECTRICAL HEAT, AND LIGHT AND TO COLLECT TOLLS, RATES AND
COMPENSATION FOR SUCH ENERGY AND SUCH USES.
Council Bill #184 was read by Deputy City Clerk Bob Baker. Councilmember Dovey MOVED
APPROVAL TO FORWARD COUNCil.. Bil..L #184 TO THE DECEMBER 2 AGENDA FOR
SECOND READINGÆNACTMENT; second by Councilmember Gintz. The motion carried as
follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Bob Brakus made a presentation regarding those issues still existing which need refining before
second reading of this ordinance. He informed Council Londi Lindell has been an excellent
representative of the City and has worked diligently in connection with this project and Puget
Sound Energy.
d.
Council Bill #185/ Affordable Housimz Code Amendment
AN ORDINANCE OF mE CITY COUNCIL OF mE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 OF mE FEDERAL WAY ZONING CODE,
REPEALING SPECIFIC PROVISIONS AND ADDING NEW REGULATIONS FOR mE
INCLUSION OF AFFORDABLE HOUSING IN RESIDENTIAL DEVELOPMENTS.
Council Bill #185 was read by Deputy City Clerk Bob Baker. Deputy Mayor Elder MOVED
APPROVAL TO FORWARD COUNCil.. Bil..L #185 TO THE DECEMBER 2 AGENDA FOR
SECOND READINGÆNACTMENT; second by Councilmember Park. The motion carried as
follows:
CITY COUNCn.. REGULAR MEETING
MINUTES - November 18, 1997 - Pa&e 6
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
e.
Council Bill #186/Criminal Code Amendment
APPROVED ORDINANCE #97-303
AN ORDINANCE OF TIffi CITY COUNCIL OF TIffi CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING BY REFERENCE RCW 9A.42.080, 9A.42.090, 9A.46.110 AND
46.16.160 WInCH ESTABUSH mE CRIMES OF ABANDONMENT OF A DEPENDENT
PERSON IN mE TIllRD DEGREE, STALKING AND OPERATING A MOTOR VEIDCLE IN
VIOLATION OF TRIP PERMIT REQUIREMENTS.
Council Bill #186 read by Deputy City Clerk Bob Baker.
Councilmember Park, noting this as a housekeeping item, MOVED APPROVAL TO SUSPEND
COUNCIL RULES REQUIRING A SECOND READING ON COUNCIL BILL #185; second by
Deputy Mayor Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Councilmember Park MOVED APPROV ALÆNACTMENT OF COUNCIL BILL #186; second
by Deputy Mayor Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
VII. COUNCIL BUSINESS
a.
Emeflzencv Medical Services Levv
Fire District #39 Administrator Jim Hamilton reported on the status of the financial
crisis facing the District arising from the failure of the EMS Levy on the November 4 ballot. He
noted basic life support services cost at $600,000.00 per year. Ifmonies do not become available
by approval of the voters, the District will have to tap into their reserves.
Federal Way is one of five cities which require an affirmative vote to have the item placed on a
February 3 ballot.
CITY COUNCIL REGULAR MEETING
MINUTES - November 18, 1997 - Page 7
Councilmember Gates applauds the efforts of Jim Hamilton and Mayor Priest for their hard work
in this very important issue. She stated the service is necessary and the citizens need to be assured
work is being done to resolve the issue effectively.
b.
Council Bill #181/Non Conformimz Use Code AmendmentsÆnactment Ordinance
Councilmember Watkins MOVED APPROVAL OF THE AMENDMENTS AS PRESENTED;
second by Councilmember Gintz;
Considerable Discussion ensued.
Mayor Priest, Carr Roe and Bob Sterbank addressed issues of tenant improvements, water quality
and policy guidelines as they relate to the proposed code amendments. Lengthy discussion was
held by and between Council and staff. The concepts behind the proposed ordinance were also
discussed.
Mayor Priest MOVED DEFERRAL OF SECOND READING/ENACTMENT ON TIllS
COUNCIL BILL TO THE DECEMBER 2, 1997, AGENDA; second by Councilmember Watkins.
The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
c.
Performin¡¡ Arts Center ReQuest for Funds & ReQuest for Chan¡¡e Order
Parks, Recreation & Cultural Services Director Jennifer Schroder announced the Federal Way
Coalition of the Performing Arts have raised $316,101.00 toward the goal of$380,OOO.00 for the
Knutzen Family Theatre. She then related monies were necessary for upgrades to sound, lighting
and stage rigging.
Councilmember Dovey MOVED APPROVAL TO ADVANCE $302,000 OF THE
UNALLOCATED UTILITY TAX FUNDS TO THE CMC THEATRE PROJECT; second by
Deputy Mayor Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Councilmember Dovey then MOVED APPROVAL OF A CHANGE ORDER FOR KASSEL
CONSTRUCTION IN THE AMOUNT OF $151,714.20; second by Councilmember Gates. The
motion carried as follows:
CITY COUNCIL REGULAR MEETING
MINUTES - November 18, 1997 - Page 8
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
VIII. CITY MANAGER REPORT
City Manager Nyberg announced the Emergency Management Team had been warned of this
evening's wind threat.
He also announced a training session for all City department directors on Monday, November 24.
IX.
CITY COUNCIL REPORTS
Councilmember Park reported a Public Safety/Human Services Committee meeting is set for
December 4, at 5:30 p.m.
Councilmember Watkins reported a Land Use/Transportation Committee meeting is set for
December 1, at 5:30 p.m.
Councilmember Gintz reported a FinanceÆconomic Development Committee meeting is set for
December 4, at 7:30 a.m.
Deputy Mayor Elder announced a SCATBd meeting was held this a.m. wherein Rick Perez' name
was mentioned as a contributor to pedestrian safety.
Councilmember Dovey reported a Parks & Recreation Committee meeting is set for November 17,
at 8:00 a.m. He also reported the hiring of a recreation leader whose position is funded by way of a
recreation grant. This person will work out of the Westway Sub Station.
Councilmember Gates announced December is transmittal month for the legislative agenda. She
also reported appointments to various Council committees are normally made during the month of
December. She reported an EMS summit meeting scheduled for November 20. She, Mayor Priest
and Jim Hamilton will attend that summit meeting in support of the EMS issue.
x.
EXECUTIVE SESSION
LitigationlPursuant to RCW 42.30.110(1)(i)
The executive session was stricken.
XI.
ADJOURNMENT
Having no other business to come before the Council, Mayor Priest adjourned the meeting at
9:50 p.m.
7<dwJ Ii. fublv
Robert H. Baker
Deputy City Clerk