Council MINS 04-21-1998 Regular
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
April 21, 1998 - 7:00 p.m.
MINUTES
I.
CALL MEETING TO ORDER
Mayor Gintz opened the regular meeting of the Federal Way City Council at the hour of
7:03 p.m., in Council Chambers, City Hall, Federal Way, Washington.
Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne
Burbidge, Jack Dovey, Mary Gates, Linda Kochmar, Phil Watkins.
City staff present: City Manager Kenneth E. Nyberg, City Attorney Londi Lindell, City Clerk Chris
Green and Deputy City Clerk Bob Baker.
II.
PLEDGE OF ALLEGIANCE
Deputy Mayor Park led the flag salute.
III.
PRESENTATIONS
a.
Youth Recognition Week Proclamation
Councilmember Dovey read and proclaimed April 20-24 as Youth Recognition Week; a time to
recognize outstanding youth in the community, including special activities, and culminating in an
annual awards ceremony. Youth Commission Co-Chair Anika Andrews received the proclamation
and thanked the Council for their support. She informed the audience of the April 23, 7:00 p.m.
Awards Ceremony at Decatur High School and invited all to attend.
b.
Economic Develooment Uodate
Debra Coates reported her meetings with the business community to discuss the revitalization
program. In certain cases, the information is being used for preliminary decision-making for
businesses evaluating whether to stay downtown or relocate. She urged the Council to approve the
street scape improvements being recommended this evening. She reported Berger/Abam engineers
completed the digitized drawing ofSR99 which shows what the road will look like with the signs in
compliance of the Federal Way City Code. She stated the program is completed, ahead of the July
1 deadline. Finally, she stated the marketing plan is also on time.
ORIGINAL
CITY COUNCIL MEETING MINUTES
April 21, 1998 - Page 2
Councilmember Watkins MOVED TO ADD AN ITEM "D" TO COUNCIL BUSINESS - Revision
to Clerk's Schedule of Fees & Changes to Exempt Sign Permit Applicants; second by Deputy Mayor
Park. The motion carried as follows:
IV.
Burbidge
Gates
Kochmar
Watkins
Dovey
Gintz
Park
yes
yes
yes
yes
yes
yes
yes
CITIZEN COMMENT
Barbara Reid stated 82 people were at the Earth Day event at Celebration Park. She stated the BP A
Trail - Phases I and II are a wonderful addition to the community and great assets which add value.
V.
CONSENT AGENDA
a.
b.
c.
MinuteslAoril7. 1998 RellUlar Meetim!
Arts Commission Appointments
Council Bill #192/Parks & Recreation Commission Code Amendment/
Enactment Ordinance
APPROVED ORDINANCE #98-312
Council Bill # 193/CTR Code Amendment/Enactment Ordinance
APPROVED ORDINANCE #98-313
Council Bill #194/Budget Carry Forward Adiustment/Enactment Ordinance
APPROVED ORDINANCE #98-314
Emenlencv Medical ServiceslMemorandum of Understanding
NeilÙ1borhood Traffic SafetY Prollfam
Soeed Humo Criteria Modification
Park Mowers Bid Award
Wetland/Stream Inventorv
Council Bill #184/Pul!et Sound Energy Franchise/Enactment Ordinance
& Memorandum ofUnderstandinl!
APPROVED ORDINANCE #98-315
LakehavenlDismissal & Withdrawal ofLel!al Actions
d.
e.
f.
g.
h.
i.
j.
k.
I.
Councilmember Gates pulled items (e), (k) and (1)
Mayor Gintz pulled item (h)
Councilmember Dovey MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C, D, F, G,
I AND J; second by Deputy Mayor Park. The motion carried as follows:
CITY COUNCIL MEETING MINUTES
April 21, 1998 - Page 3
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Item (e):
Council Bill #194/Budget Carry Forward Adiustment/Enactment Ordinance
APPROVED ORDINANCE #98-314
Pulled for discussion by Councilmember Gates as a result ofa meeting today wherein revisions were
proposed. Councilmember Gates then MOVED TO 1. ALLOCATE $114,000 PARKS CIP
BALANCE TO CELEBRATION PARK INSTEAD OF SKATEBOARD PARK, AND 2.
REALLOCATE THE PARKS CIP BALANCE OF $83,000.00 FROM CMC THEATRE
PROJECT TO CELEBRATION PARK CONTINGENCY; AND ALLOCATE $65,000.00 FROM
THE CITY MANAGER CONTINGENCY FUND TO COVER THE ASBESTOS REMOVAL
COST INCURRED BY THE THEATRE PROJECT; AND 3. TO ALLOCATE$150,000.00FROM
THE UNAPPROPRIATED GENERAL FUND BALANCE AND $100,000.00 FROM THE CITY
MANAGER CONTINGENCY FUND, FOR A CELEBRATION PARK CONTINGENCY
ACCOUNT AT $250,000.00 FOR POTENTIAL COSTS ASSOCIATED WITH THE REMOVAL
AND REMEDIAL OF HAZARDOUS OR SIMILAR MATERIALS ON SITE; second by
Councilmember Dovey.
Considerable discussion took place regarding overruns and the use of contingency funds and rules
of use for such funds.
The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
no
Dovey
Gintz
Park
yes
yes
yes
Item (h):
Speed Humo Criteria Modification
Mary LeProwse spoke in opposition to speed humps due to medical conditions. She stated people
should have a vote if they will be affected by change. Further, she stated the City should change the
criteria to speed hump installation.
Evelyn Reitan spoke in opposition to speed humps. She said they benefit few and penalize many; not
to mention the limitation on access. She stated seven officers patrolling is not enough and is in favor
of issuing speeding citations.
CITY COUNCIL MEETING MINUTES
April 21, 1998 - Page 4
Joe Reece, Bill Slaney, Bill Watson, Doreen Bodey and Anne Richards all spoke in favor of speed
humps.
Councilmember Dovey MOVED APPROVAL TO MODIFY THE CRITERIA AS IT RELATES
TO SPEED HUMP INSTALLATION; second by Councilmember Gates.
Chief Wood responded to the questions raised at the last Council meeting and cited a few statistics
which were previously relayed to Council in written form.
Councilmembers Kochmar and Gates are in favor of the revisions.
The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Council Bill #184/Puget Sound Energy FranchiseÆnactment Ordinance
& Memorandum ofUnderstandiml
APPROVED ORDINANCE #98-315
Item (k):
Pulled for discussion. City Attorney Londi Lindell relayed the details of the franchise agreement had
been agreed upon and documents prepared. She also noted there is a memorandum ofunderstanding
which is a legally-enforcing document. She reviewed some of the changes to the agreement and
introduced Bob Brackus ofPuget Power. He thanked Londi for being so detail-oriented and easy
to work with.
Councilmember Gates MOVED APPROVAL TO ADOPT COUNCIL BILL NO. 184 DIRECTING
THE CITY MANAGER TO ENTER INTO THE MEMORANDUM OF UNDERSTANDING
REGARDING VEGETATION MANAGEMENT, MAINTENANCE OF FACILITIES AND
RELIABILITY ENHANCEMENT PLAN WITH PUGET SOUND ENERGY, WHICH
APPROVAL SHALL BE SUBJECT TO PUGET SOUND ENERGY DELIVERING TO THE
CITY THE ADMINISTRATION FEE AS REQUIRED BY SECTION 24 OF THE FRANCHISE
ORDINANCE. FURTHER, APPROV ALINSERTINGTHE WORDS "ALL REASONABLE" TO
SECTION 1 (A) OF THE MEMORANDUM OF UNDERSTANDING; second by Councilmember
Burbidge. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
CITY COUNCIL MEETING MINUTES
April 21, 1998 - Page 5
Item (I):
LakehavenlDismissal & Withdrawal of Legal Actions
Councilmember Kochmar recused herself ftom the discussion and voting on this matter.
Councilmember Gates pulled this item and MOVED TO POSTPONE INDEFINITELY THE
ACTIONS ASSOCIATED WITH WITHDRAWING THE NOTICE OF INTENT TO ASSUME
THE LAKEHA VEN UTILITY DISTRICT FILED WITH THE PIERCE COUNTY BOUNDARY
REVIEW BOARD AND THE DISMISSAL OF OPEN PUBLIC MEETINGS ACT LAWSUIT
FILED AGAINST LAKEHA YEN UTILITY DISTRICT; second by Deputy Mayor Park.
Discussion ensued amongst the Councilmember and City Attorney.
The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
recused
yes
Dovey
Gintz
Park
yes
yes
yes
Bill Linehan stated the City was "off the mark" on what they did; and it would be ludicrous to
consider appealing the decision of the Boundary Review Board.
Ed Stuart commended Councilmember Watkins on his no-votes. He's happy with the decision of the
Boundary Review Board.
Mark Miloscia stated upwards of$60,000 additional monies could be spent iflawsuits are filed and
appeals go on. He has no problem with Councilmember Gates' motion. Further, he said we should
put our differences behind us as well as the harsh words spoken thus far.
VI.
CITY COUNCIL BUSINESS
a.
So 34Oth St Relrional Stormwater Facilitv
Councilmember Watkins MOVED APPROVAL AUTHORIZING STAFF TO PROCEED WITH
FINAL DESIGN OF THE SW 340m REGIONAL STORM WATER STORAGE FACILITY AND
IF THE TOTAL FINAL DESIGN AND SPECIFICATION COST ESTIMATE REMAINS THE
SAME, AUTHORIZE STAFF TO BID THE PROJECT AND RETURN WITH A REQUEST FOR
PERMIS SION TO AWARD THE PROJECT TO THELOWEST, RESPONSIVE, RESPONSffiLE
BIDDER; second by Councilmember Dovey.
CITY COUNCIL MEETING MINUTES
April 21, 1998 - Page 6
The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
b.
Belmor/SeaTac Stormwater Facilitv Phase I
Councilmember Watkins MOVED APPROVAL AUTHORIZING STAFF TO BID THE PROJECT
AND RETURN TO THE COMMITTEE FOR AUTHORIZATION TO AWARD TO THE
LOWEST, RESPONSIVE, RESPONSffiLE BIDDER; second by Councilmember Gates. The
motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
c.
CitY Center Street Desilm Guidelines
Councilmember Watkins stated "rather rapid decisions" were made at the April 6 Land
Use/Transportation Committee meeting. He said there were some statements made at that meeting
which don't really stand up to the test of "objective reality." It is his hope the Council would take
another look at the options at this meeting to be absolutely sure what they are voting on. He would
like an understanding of what is being proposed for the downtown; specifically and especially the
street standard.
Councilmember Watkins sought clarification on committee meeting advertising processes and what
Councilmembers may actually "do" at those meetings. City Attorney Lindell reported all Committee
meetings are advertised as City Council Special Meetings, thus allowing discussion and deliberation
by all Councilmembers. Only those Councilmembers on the actual committee may vote at the
committee level, however. Mr. Watkins then stated there seems to be a lot of confusion and Council
has handled this matter in a "great deal of haste."
Discussion ensued regarding gazebo-styled bus stops, street trees, street and pedestrian lighting,
colors, banners, sidewalks and planters.
Councilmember Gates went to the Land Use/Transportation Committee meeting without the packet;
however, she reviewed the prepared materials earlier and realized the items had been worked on and
discussed. She did have comments under the street and pedestrian lighting areas and planters versus
plantings.
CITY COUNCIL MEETING MINUTES
April 21, 1998 - Page 7
Mayor Gintz reminded those present they are not passing an ordinance. These are standards or
guidelines we will work with to create a downtown.
Councilmember Kochmar is uncomfortable with voting on this issue and is not prepared to vote. She
values the work of the committee and stated we need "more public input." She is unaware of
meetings where the public was allowed to remark on these issues and wants to hear "from the general
citizens as a whole."
Mayor Gintz relayed two open houses were advertised (over 800 mailers sent out); a phone and fax
line were established for input; public notices were done, the weekly calendar contained meeting dates
and times as they related to CIAC, Downtown Revitalization, Civil Theatre, etc. There was also an
open-house at the SeaTac Mall with pictures and an ability for input. He stated staff needs guidance
to go out, develop costs and move forward. He disagrees with the notion that over the last year there
hasn't been enough opportunity for public input.
Councilmember Kochmar stated her concern is the choices made at the April 6 meeting. She would
like more citizen input and would also like to know why a two-week delay would make a great
difference. She wants specifics regarding number and cost of items, etc.
Councilmember Watkins noted his concern is with the street standard. He noted the absence of an
independent expert at the April 6 meeting and stated that was the first time in his experience on the
Council, so he asked Mr. Hinshaw to comment on what the City has done.
Mr. Hinshaw commented he is respectful of staff and the work they have done. They are in charge
of this project. He is present at the request of Mr. Roe. He wishes to offer advice. He referred to
a letter sent to Council wherein he pointed out a number of problems with the proposed standards
based upon his experience in other communities, especially with regard to their downtown areas. He
is troubled with the thought some call this an unprofessional act. With over 25 years experience, he
is saddened by that statement. He does believe the City would be making a mistake if they follow the
course they are taking.
Councilmember Kochmar MOVED TO REFER THE ITEM BACK TO LAND
USE/TRANSPORT ATION COMMITTEE FORFUR THERREVIEW AND ADDITIONAL INPUT
FROM THE CHAMBER OF COMMERCE AND TO RESPOND TO MR. HINSHAW; second by
Councilmember Watkins.
Further discussion centered around the placement of trees in the downtown core. It was noted the
next Land Use meeting is May 4, 1998. Councilmember Watkins noted the SeaTac Mall has asked
Council to reconsider the light standard recommendation. Further, he would like a discussion with
an informed person from the profession so an intelligent choice may be made. Mayor Gintz noted
Stephen Clifton and other staff persons are informed persons from their profession.
CITY COUNCIL MEETING MINUTES
April 21, 1998 - Page 8
The consequences of delay were discussed. Mr. Roe noted time to re-design the conception is
included in the delay if changes are made. Each bit of time we have is critical to the success of the
project.
Councilmember Gates noted the Council is capable of making a decision on 312th and Celebration
Park this evening so staff may go out to bid. She urged Council to decide the issues tonight.
Councilmember Watkins MOVED TO AMEND THE MAIN MOTION TO REFER THE ITEM
BACK TO THE LAND USE/TRANSPORT ATION COMMITTEE BY INSERTING THE WORDS
"WITH THE EXCEPTION OF THE 312111 (current standard) & CELEBRATION PARK
PROJECT" (as set forth in design guidelines); second by Councilmember Kochmar.
Councilmember Watkins suggested staff prepare a "road trip" for Council to "see some things." He
wants to have the information as well as a chance to discuss it with others before making an informed
decision at the Land Use/Transportation Committee level, after the proposed road trip. Mayor Gintz
would argue the item is should come back before the Council.
The motion to amend the main motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
The main motion (refer to LUTe) carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
no
yes
Elaine Mansoor, SeaTac Mall, stated the process has been long and she believes there has been
adequate public process. On February 3, Cary Roe sent a letter to Councilmember, Downtown
Revitalization Committee members and others about the meeting being held in connection with tlús
process. She knows Council heard concerns. She hopes people can compromise where needed and
also hoped Council will include the business community in the upcoming road trip. She would love
to go along.
Revision to Clerk's Schedule of Fees & Changes to ExemDt Sign Permit
ApplicantslResolution
APPROVED RESOLUTION #98-271
d.
CITY COUNCIL MEETING MINUTES
April 21, 1998 - Page 9
Councilmember Watkins MOVED ADOPTION OF THE COMMITTEE RECOMMENDATION
WHICH IS TO REVISE THE FEE SCHEDULE, EXEMPTING SIGN PERMIT FEES FOR
THOSE P ARTICIP ATING IN THE INCENTIVE PROGRAM AND APPROVING THE
RESOLUTION AS PRESENTED; second by Councilmember Dovey.
Mr. Watkins noted this will allow the City to waive permit fees which would normally be required
for removing and erecting new signs during the duration of the sign incentive program.
The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
VII.
CITY MANAGER REPORT
City Manager Nyberg noted Council received an invitation to the Federal Way Days at Wild Waves.
He has consulted with the City Attorney who stated Council may accept the invitation. Ms. Lindell
noted they are appearing in an official capacity as a Councilmember. Mayor Gintz stated he hoped
all Councilmembers would pay the $5.00 fee required by other citizens to attend.
Councilmember Gates MOVED THE SUSPENSION OF COUNCIL RULES ALLOWING
COUNCIL TO PROCEED BEYOND THE 10:00 O'CLOCK P.M. HOUR; second by
Councilmember Burbidge. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
An executive session is needed for approximately :15 minutes this evening with no action anticipated.
VIII.
CITY COUNCIL REPORTS
Councilmember Gates noted a budget retreat is scheduled on April 30, 1998, at 5: 15 p.m. The next
Finance/Economic Development/Regional Affairs Committee meeting is May 26, at 12:00 p.m. and
reminded Council of the April 28 Ad Hoc Committee from 12:30 p.m. to 2:00 p.m.
Councilmember Kochmar had no report; but thanked the staff for their assistance and patience and
willingness to spend time with her when necessary.
CITY COUNCIL MEETING MINUTES
April 21, 1998 - Page 11
Deputy Mayor Park attended the A WC Large City Meeting. He noted a couple of interesting items
were the Internet Freedom Act and Initiative 69 I (elimination of motor vehicle excise tax) which will
impact the City financially.
Councilmember Dovey noted an Economic Development Committee meeting this Friday. He was
invited to speak at the Arbor Day Tree Planting Ceremony at Steel Lake Park. He noted the presence
of a large Korean contingent as well as several dozen girl scouts. He recognized and thanked City
Staff for their assistance and invited everyone to next years event.
Councilmember Watkins reported his attendance at the final meeting of the four-post plan
modification task force last week in Tacoma. It would appear the only hope of modifying the four-
post plan will be through the litigation linked to the Airport Communities Coalition.
Councilmember Burbidge noted she attended a SKATBd meeting this morning. There was a report
on the RTA's Commuter and Light Rail; West Seattle/South West King County Transit Service
Changes proposed for September 1998 and an update on the South King County Transportation Plan
by the Department of Transportation.
Mayor Gintz recessed the regular meeting at 10:00 p.m. to convene executive session.
IX.
EXECUTIVE SESSION
PendinlllPotential Litillation/Pursuant to RCW 42.30.110(1)(i)
Prooertv AcauisitionlPursuant to RCW 42.30. 110 (l)(b)
Mayor Gintz reconvened the regular meeting at 10:18 p.m. No action was taken from executive
session.
X.
ADJOURNMENT
Having no other business to come before the Council, Mayor Gintz adjourned the regular meeting
at 10:18 p.m.
~JVJ t-l. ~a4
Robert H. Baker
Deputy City Clerk