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.