Loading...
Council MINS 10-19-1999 Regular I. FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall October 19,1999 MINUTES ***** CALL MEETING TO ORDER Mayor Gintz called the meeting to order at 7:05 PM in the Council Chambers, City Hall. Council Present: Mayor Gintz, Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, Kochmar and Watkins. Staff Present: City Manager David Moseley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, Assistant to the City Manager Derek Matheson, City Clerk Chris Green and Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the Pledge of Allegiance. III. PRESENTATIONS a. Proclamation/National Crime Prevention Month Councilmember Dovey presented a proclamation to Deputy Chief Wilson and Police Officer Bob Schubert proclaiming October as National Crime Prevention Month. b. Lodgin!! Tax Advisor.y Committee/Introductions & Certificates Councilmember Gates presented certificates to the newest members of the Lodging Tax Advisory Committee: Thomas Inman, David DeGroot and Alison Corrigan. c. City Mana,~er/Introduction of New City Employees No new employees to introduce. d. City Mana,~er/Emergin~ Issues City Manager David Moseley introduced Katsunori Bunbai, from our sister city Hachinohe, Japan. Mr. Bunbai works with the developmentally disabled and is visiting the US to see how we work with the developmentally disabled. Mr. Bunbai is working with Debbie Hoffman from the Community Pathways Program. ORIGINAL City Council Regular Meeting October 19, 1999 - Page 2 IV. CITIZEN COMMENT Roy Parke - spoke regarding the October 5, 1999 council meeting and the ordinance that condemned his property. Mr. Parke stated there have been no negotiations between him and the City and there is no reason to condemn his property. Bernard Mottershead - spoke in support of Mr. Parke and asked the Council why they are condemning one citizens property to benefit another. Charles Connon - spoke in support of Mr. Parke - asked Council for an arbitration to hear both sides of the story. Randy Neighbors - spoke in support of Mr. Parke - stated it is not fair to take one private citizens property to benefit another. Mayor Gintz addressed citizens comments regarding the Parke Property Condemnation. Mayor Gintz stated the citizens of Federal Way are paying fair market value for the property and the ordinance passed by Council at the last meeting did not condemn the property, it approved the proceedings to go to court. Mayor Gintz stated there is a statute that says government can take private property for the public good and this matter is for the public good and Mr. Parke will be paid for the property. Roy Parke stated there have been no negotiations regarding the taking of his property. Allan Smith - spoke in support of Item VII b - Trials and Competitions Ordinance and thanked the Parks Department. Steve O'Neill - Police Guild President - supports the Twin Lakes Homeowners Association Security Agreement. David Larson - opposed to the Twin Lakes Homeowners Association Security Agreement stating it sets a bad precedent. Peter Townsend - asked for the Sensitive Areas Ordinance to go back to the Land Use/Transportation Committee for further review and study. Sue Burgemeister - stated she has specific concerns regarding the Sensitive Areas Ordinance and asked that it be remanded back to the Land Use/Transportation Committee for further review and study. Carrie Murayama - Director of Programs for the Federal Way Chamber, asked Council to delay the vote on the Sensitive Areas Ordinance. City Council Regular Meeting October 19, 1999 - Page 3 Robert Scholes - ESM Consulting Engineers - asked that the Sensitive Areas Ordinance be sent back to LUTC. Mr. Scholes stated there is a problem with the size of the buffers the ordinance would allow. Rob Ruben - asked Council to send the Sensitive Areas Ordinance back to LUTC for further review. Bill Shiels - asked Council to send the Sensitive Areas Ordinance back to LUTC for further review and study. v. CONSENT AGENDA a. b. c. d. Minutes/October 5. 1999 Re~ular Meetin!! - Approved State of W A Judicial Information System (TIS) Equipment Interloca1 - Approved Federal Way Entry Si~ns - Approved Skate Park Project - Postponed to the November 16, 1999 Councü Meeting DEPUTY MAYOR PARK MOVED APPROVAL OF THE CONSENT AGENDA. COUNCILMEMBER WATKINS SECOND. Councilmember Dovey pulled Consent Item (d) - Skate Park Project. The motion to approve Consent Items (a), (b), and (c) carried unanimously as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Item d Skate Park Project - COUNCILMEMBER DOVEY MOVED FROM A FIRST TO SECOND READING TO BE PLACED ON THE NOVEMBER 16, 1999 CITY COUNCIL AGENDA. COUNCILMEMBER GATES SECOND. The motion carried unanimously as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Discussion included the possibility of a special workshop to allow for additional public comment prior to the November 16, 1999 City Council Meeting. City Council Regular Meeting October 19, 1999 - Page 4 VI. CITY COUNCIL BUSINESS a. Council Rules of Procedure Amendments MOTION BY COUNCILMEMBER WATKINS TO DELAY UNTIL THE NOVEMBER 16, 1999 CITY COUNCIL MEETING AS HE WAS OUT OF TOWN AND HAD NOT HAD THE CHANCE TO REVIEW. COUNCILMEMBER KOCHMAR SECOND. The motion carried unanimously as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes b. Twin Lakes Homeowners Association Security Agreement Public Safety Deputy Director Tom Chaney gave a brief presentation regarding the security agreement and presented the three options before the City Council. Following Council comments the following motions were made: COUNCILMEMBER DOVEY MOVED APPROVAL OF THE SECURITY AGREEMENT AS PRESENTED. DEPUTY MAYOR PARK SECOND. The motion failed 5-2 as follows: Burbidge Gates Kochmar Watkins no no no no Dovey Gintz Park yes no yes MAYOR GINTZ MOVED APPROVAL OF OPTION 2 - TO APPROVE IN CONCEPT THE PROVISION OF THREE CONTRACT OFFICERS TO THE TWIN LAKES HOMEOWNERS ASSOCIATION, SUBJECT TO COUNCIL AUTHORIZATION OF THREE ADDITIONAL FfE's DURING THE MID-BIENNIAL BUDGET ADJUSTMENT PROCESS; DIRECT THE CITY MANAGER TO REOPEN NEGOTIATIONS WITH THE ASSOCIATION FOR THE PURPOSE OF ADDRESSING COUNCIL CONCERNS WITH THE TERMINATION PROVISIONS OF THE AGREEMENT; AND DIRECT THAT THE AGREEMENT BE BROUGHT BACK TO COUNCIL FOR FINAL APPROVAL. DEPUTY MAYOR PARK SECOND. The motion failed 4-3 as follows: Burbidge Gates Kochmar Watkins no nO nO no Dovey Gintz Park yes yes yes City Council Regular Meeting October 19, 1999 - Page 5 c. School District Security Interloca1 A¡:reement COUNCILMEMBER DOVEY MOVED ADOPTION OF THE SCHOOL DISTRICT SECURITY INTERWCAL AGREEMENT. COUNCILMEMBER KOCHMAR SECOND. The motion carried unanimously as follows: Burbidge Gates Kochmar Watkins VII. yes yes yes yes Dovey Gintz Park yes yes yes INTRODUCTION ORDINANCES a. Council Bill #230/Sensitive Areas Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, AMENDING SECTION 22-1 AND AMENDING AND ADDING NEW SECTIONS TO ARTICLE XIV OF CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, REGARDING ENVIRONMENTALLY SENSITIVE AREAS. COUNCILMEMBER WATKINS MOVED FROM FIRST TO SECOND READING AND MOVED THE ORDINANCE TO THE NOVEMBER 16, 1999 CITY COUNCIL MEETING. COUNCILMEMBER GATES SECOND. The motion carried unanimously as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Discussion included the possibility of a special workshop to allow for additional public comment prior to the November 16th Council Meeting. b. Council Bill #231/Trials & Competition/Park Re~ulations Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE ill OF CHAPTER 11 OF THE FEDERAL WAY CITY CODE TO PROVIDE THE DIRECTOR THE DISCRETION AND AUTHORITY TO ALLOW TRIALS AND COMPETITIONS. COUNCILMEMBER DOVEY MOVED TO A SECOND READING/ENACTMENT AT THE NOVEMBER 2, 1999 CITY COUNCIL MEETING. COUNCILMEMBER KOCHMAR SECOND. City Council Regular Meeting October 19, 1999 - Page 6 The motion carried unanimously as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes VIII. CITY COUNCIL REPORTS Councilmember Dovey reported the next meeting of the Parks/Recreation/Human Services/Public Safety Committee is scheduled for October 25, 1999 at noon. Councilmember Watkins reported the next meeting of the Land Use/Transportation Committee is scheduled for November 4, 1999 at 5:30 PM. Councilmember Burbidge reported she attended a Suburban Cities Association Transportation Board meeting this morning. Councilmember Gates reported the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for October 26,1999 at 5:30 PM and updated Council on regional issues. Councilmember Kochmar assured citizens who spoke regarding the Parke Property Condemnation that their comments were heard, and stated Council is wearing purple ribbons this evening to show support of Domestic Violence Awareness Month. Deputy Mayor Park stated he will attend at South King County Community Expo on October 20, 1999 and thanked staff for the smooth transition during the change in City Managers. Mayor Gintz recognized Councilmember Burbidge for her testimony regarding housing densities in Federal Way and stated he hopes it will generate more transportation services for the City. IX. CITY MANAGER REPORT City Manager David Moseley reported the Public Safety Division received an award for outstanding support from the Northwest Fraud Association; announced the Arts Commission held its Juried Arts Show and the city's own Sandy Pettit, Information Systems Coordinator, received the highest award and will have her own art exhibit in 2000; a Y2K brochure was mailed to citizens this week and Council will conduct an executive session for approximately 30 minutes and action is expected. City Council Regular Meeting October 19, 1999 - Page 7 x. EXECUTIVE SESSION City Mana~er Evaluation/Pursuant to RCW 42.30. 110(1)(!!) Mayor Gintz recessed to Executive Session at 9:05 PM to discuss the City Manager Evaluation. Councilmember Watkins left the building. Mayor Gintz reconvened the Regular Meeting at 9:14 PM. MAYOR GINTZ MOVED APPROVAL OF THE CITY MANAGER PERFORMANCE PAYMENT PURSUANT TO SECTION 2.3 OF THAT CERTAIN EMPLOYMENT CONTRACT BETWEEN KENNETH E. NYBERG AND THE CITY, AND BASED UPON HIS PERFORMANCE DURING 1999, MOVED TO APPROVE A ONE-TIME PERFORMANCE PAYMENT TO CITY MANAGER KENNETH E. NYBERG EQUAL TO 8% OF IDS ANNUAL BASE SALARY. WHICH AMOUNT SHALL BE PAYABLE DURING JANUARY OF 2000. DEPUTY MAYOR PARK SECOND. The six Councilmembers . present voted unanimously. Burbidge Gates Kochmar Watkins yes yes yes absent for vote Dovey Gintz Park yes yes yes XI. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the regular meeting at 9: 15 PM.