Council MINS 12-07-1999 Regular
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
December 7, 1999
REGULAR MEETING - 7:00 p.m.
MINUTES
I.
CALL MEETING TO ORDER
Mayor Gintz called the regular meeting of the Federal Way City Council to order at the hour of
7:06 p.m.
Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers
Jeanne Burbidge, Jack Dovey, Mary Gates, Linda Kochmar and Phil Watkins.
City staff present: City Manager David Moseley, City Attorney Londi Lindell and City Clerk
Chris Green.
ll.
PLEDGE OF ALLEGIANCE
Councilmember Kochmar led the flag salute.
m.
SWEARING IN CEREMONY
Judee David Tra¡;y/Oath of Office by Jud!!e Charles Delaurenti
Judge David Tracy was sworn into office by Renton District Court Judge Charles Delaurenti.
Judge Tracy thanked Council and commended Sandra WaIter and Gina Hoffman on a outstanding
job in preparing for the opening of the Federal Way Municipal Court. Sandra Warter invited
Council to tour the new facility which is currently 90% complete and will open in January 2000.
IV.
PRESENTATIONS
a.
SPIRIT Award/Month of December
City Manager David Moseley announced that Public Works Engineering Technician Kevin
Peterson received the SPIRIT Award for the month of December, and commended him for his
outstanding performance as a city employee during the past eight years.
b.
Human Services Commissioner Introduction/Certificate
Councilmember Dovey introduced and presented Donna Williams with a certificate of
reappointment to serve as an alternate on the Human Services Commission, with a term expiring
on January 31, 2002. Ms. Williams recently moved back into the city following a brief absence.
ORIGINAL
c.
City Manager/Introduction of New City Employees
City Manager David Moseley announced three new employees: Nanette Bonier was recently hired
as a police officer; she carne to Federal Way after a successfull4-year career with the Honolulu
Police Department. Kristonher Krusey will serve as the city's newest public safety officer. David
~ has been hired to fill the position of lead parks maintenance worker for Celebration Park;
he has a 25-year background in parks maintenance.
d.
City Mana~er/Emer~in~ Issues
City Manager David Moseley stated there are no emerging issues to report this evening.
v.
CITIZEN COMMENT
Michael Hellickson spoke on the public facility feasibility study listed on the Consent Agenda; he
asked the Council to keep in mind the possibility of partnering with the Federal Way School
District or the private sector to build such facility.
Joann Pi~ette, representing the Federal Way Coalition of Performing Arts, spoke in support of
establishing a performing arts center for the citizens of Federal Way. She urged the council to vote
unanimously in favor of the study in an effort to bring future touring attractions to Federal Way.
Lynda Jenkins spoke in opposition to the public facility feasibility study. She urged the council to
address traffic problems and current projects, such as the Hylebos, rather than supporting a
convention center.
Barbara Reid spoke in praise of the quarterly "City Update" newsletter; she recommended that all
citizens obtain and read the latest copy, in particular the commercial update which explains
projects currently underway within the city. She commended the City Manager David Moseley
and city staff who worked to complete the newsletter, which update was included with the Winter
2000 Parks, Recreation and Cultural Services Brochure.
Glenn D. Ulmer spoke to passing proposed legislation that would officially recognize Highway 99
as a historic highway, and distributed material for Council review.
As requested, Mayor Gintz read into the record a letter from Ron Zaffino expressing his concerns
regarding the level of police protection.
Dini Duclos, Chair of the Parks and Recreation Commission, expressed her gratitude to Mayor
Gintz and Councilmember Dovey for all of the time and energy they have given to the City of
Federal Way during their terms of office.
City Council Regular Meeting Minutes
December 7, 1999 - Page 3
VI.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
CONSENT AGENDA
a.
b.
c.
d.
Minutes/November 16. 1999 Re¡:ular Meetin~ - Approved
Voucher/December 7. 1999 - Approved
Monthly Financial Re.port/Month of October 1999 - Approved
Council Bill #234/1999-2000 Biennial Bud~et Adjustment/Enactment Ordinance
Approved Ordinance #99-356
Council Bill #235ISi~n Code Amendment/Enactment Ordinance
Approved Ordinance #99-357
Council Bill #236/Elley-Ouadrant Tract 17 Annexation Accentance/Enactment
Ordinance - Approved Ordinance #99-358
Natural Gas or Manufactured Gas Use Tax Interloca1 A~reement - Approved
Final Acceptance/Lake Killarney Oœn Sœce Park Develo.pment - Approved
Able/Spiffy Biffy Contract Amendment - Approved
Economic Devei<¡pment Executive 2000 Work Plan - Approved
Mid-Biennium Review of 1999-2000 Human Services Contracts - Approved
1999 A!¡phalt Overl~ PIQject Aca:.ptance & Retaina!!e Release - Approved
SW 340" St & Hoyt Rd SW Intersection Improvement Project Final Acceptance &
Retainag:e Release - Approved
2000 Street Sweej)in~ Services Contract Award - Approved
Self-Pro,pelled Asphalt Paver Bid Award - Approved
Uniform Dry Cleanin~ Services A~reement Amendment - Approved
Public Facility Feasibility Stud'y/Hotel-Motel Tax - Approved
Emeq¡ency Medical Services (EMS) Task Force - Approved
Resolution/Early Redemption of Bonds Funded with Utility Tax/Maintenance &
Qperation Allocation - Approved Resolution #99-306
Wireless Site Lease A¡¡reement for Lakota Park - Approved
City of Des Moines Interloca1 Ag:reement/ Access Services - Approved
Toro Infield Pro 3020 Purchase/Celebration Park - Approved
COUNCILMEMBER DOVEY MOVED APPROVAL OF CONSENT AGENDA AS
PRESENTED; SECOND BY DEPUTY MAYOR PARK.
Mayor Gintz pulled Consent Item (m).
Councilmember Gates pulled Consent Item (q).
Councilmember Dovey pulled Consent Item (t).
The motion to approve Consent Items (a), (b), (c), (d), (e), (t), (g), (h), (i), (j), (k), (1), (n), (0),
(P), (r), (s),(u), and (v) passed as follows:
City Council Regular Meeting Minutes
December 7, 1999 - Page 4
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Consent Item (m) - SW 340" St & Hoyt Rd SW Intersection Improvement Project Final
Acceptance & Retainage Release.
Mayor Gintz addressed this long coming traffic improvement; he noted the City of Federal Way
partnered with Northeast Tacoma to cover the approximate $250,000.00 cost of improvements that
benefits both Federal Way and Northeast Tacoma residents.
MAYOR GINTZ MOVED APPROVAL OF CONSENT ITEM (m); SECOND BY
COUNCILMEMBER DOVEY. The motion passed as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Consent Item (q) - Public Facility Feasibility Study/ Hotel-Motel Tax.
Councilmember Gates spoke to the concerns regarding the funding of this study. She explained
that revenues collected from the Hotel-Motel Tax can only be used for specific funding. She also
commented the public facility feasibility study will determine the need for a public facility to
provide positive tourism revenue, as well as accommodating events such as conventions, trade
shows and graduation ceremonies.
COUNCILMEMBER GATES MOVED APPROVAL OF CONSENT ITEM (q); SECOND
BY DEPUTY MAYOR PARK. The motion passed as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Consent Item (t) - Wireless Site Lease Agreement for Lakota Park.
Councilmember Dovey recused himself from voting on Consent Item (t), as he is in the wireless
business.
COUNCILMEMBER KOCHMAR MOVED APPROVAL OF CONSENT ITEM (t);
SECOND BY COUNCILMEMBER WATKINS. The motion passed 6-0 as follows:
City Council Regular Meeting Minutes
December 1, 1999 - Page S
Burbidge
Gates
Kochmar .
Watkins
VII.
yes
yes
yes
yes
Dovey
Gintz
Park
INTRODUCTION ORDINANCES
recused
yes
yes
a.
Council Bill #238/Sprint Spectrum Ri¡¡ht-of-Wa.y Franchise
Rules Suspended/Approved OrdiTUlnce #99-359
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, GRANTING SPRINT SPECTRUM, LP., A DELAWARE LIMITED
PARTNERSHIP, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGHTS-OF-WAY OF THE
CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA
FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING,
AND RESTORING A FIBER OPTIC COMMUNICATION CABLE WITHIN AND THROUGH
THE CITY OF FEDERAL WAY.
COUNCILMEMBER GATES MOVED TO SUSPEND COUNCIL RULES AND MOVE
COUNCIL BILL #238 TO SECOND READING FOR ENACTMENT TONIGHT; SECOND
BY COUNCILMEMBER KOCHMAR. The motion passed as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Councilmember Dovey recused himself from voting On Council Bill #238/ Sprint Spectrum Right-
of-Way Franchise, as he is in the wireless business.
COUNCILMEMBER GATES MOVED FINAL ADOPTION OF SPRINT SPECTRUM
RIGHT-OF-WAY FRANCHISE ORDINANCE; SECOND BY COUNCILMEMBER
KOCHMAR. The motion to approve Council Bill #238/Sprint Spectrum Right-of-Way
Franchise/Ordinance No. 99-359 passed 6-0 as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
recused
yes
yes
b.
Council Bill #239/Criminal Code Amendment /Introduction OrdiTUlnce
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, REPEALING FEDERAL WAY CRIMINAL CODE SECTION 6-31 AND
ADOPTING BY REFERENCE RCW 66.44.270 FURNISHING LIQUOR TO
City Council Regular Meeting Minutes
December 7, 1999 - Page 6
MINORS-POSSESSION, USE-PENALTIES-EXHlBmON OF EFFECTS-EXCEPTIONS;
AMENDING FEDERAL WAY CRIMINAL CODE SECTION 6-86 - MANDATORY PENALTIES
INVOLVED; AMENDING FEDERAL WAY CRIMINAL CODE SECTION 6-87-
MANDATORY PENALTIES INVOLVED. (AMENDS ORDINANCE NO. 91-89).
COUNCILMEMBER DOVEY MOVED TO SECOND READING AT THE DECEMBER 21,
1999 COUNCIL MEETING; SECOND BY DEPUTY MAYOR PARK. Motion passed as
follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
c.
Council Bill #240/Adult Uses Code Amendment/Introduction Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASffiNGTON, AMENDING SECTION 22-763 OF THE FEDERAL WAY CITY CODE,
. ADULT ENTERTAINMENT, ACTIVITY, RETAIL OR USE'.
COUNCILMEMBER WATKINS MOVED TO SECOND READING AT THE DECEMBER
21, 1999 COUNCIL MEETING; SECOND BY DEPUTY MAYOR PARK. Motion passed as
follows:
Burbidge
Gates
Kachmar
Watkins
d.
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Council Bill #2411Natural Gas or Manufactured Gas Use Tax/Introduction
Ordinance
AN ORDINANCE OF THE CITY -COUNCIL OF THE CITY OF FEDERAL WAY,
WASffiNGTON, IMPOSING A USE TAX ON THE PRIVILEGE OF USING NATURAL GAS
OR MANUFACTURED GAS AS A CONSUMER AS AUTHORIZED BY RCW 82.14.230.
COUNCILMEMBER KOCHMAR MOVED TO SECOND READING AT THE DECEMBER
21, 1999 COUNCIL MEETING; SECOND BY COUNCILMEMBER DOVEY. Motion
passed as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
City Council Regular Meeting Minutes
December 7, 1999 - Page 7
vm.
CITY COUNCIL REPORTS
Councilmember Dovey announced the next meeting of the Parks/Recreation/Human
Services/Public Safety Committee is scheduled for December 13, 1999, at 5:30 p.m. He also
thanked Council for passing the budget adjustment, which included the Skate Board Park funding.
Councilmember Watkins reported the last 1999 meeting of the Land Use/Transportaton Committee
will be held on December 6,1999, as the December 20, 1999 meeting has been canceled. The
committee meeting schedule for next year will be set after the seating of the new Council in
January.
Councilmember Burbidge announced she will be attending the Suburban Cities Association in Kent
on Wednesday, December 8, 1999, as well as attending the Regional Law and Justice Committee
on Thursday, December 9, 1999. She further noted the Federal Way Chorale will be performing
at St. Vincent's on Saturday and Sunday, December 111h -121h.
Councilmember Gates announced that the next meeting of the Finance/Economic Development!
Regional Affairs Committee is scheduled for December 15, 1999, at 12:00 noon. She also
announced that on December 9, 1999, Sound Transit will be hosting the "Ride of the Century",
which will run from Tacoma to Seattle beginning at 11:00 a.m. Sound Transit will begin regular
service on this route in September 2000.
Councilmember Kochmar updated Council on upcoming local events and activities. She also
invited all Federal Way citizens to the public reception honoring Mayor Gintz and Councilmember
Dovey On December 21, 1999, at 5:30 p.m., in Council Chambers, prior to the next regular
Council meeting.
Deputy Mayor Park announced he will be attending the next South County Mayors' meeting in
Mayor Gintz's absence. He also announced the arrival on December 11, 1999, of eight Korean
staff members who will be evaluating and learning how the city operates; he thanked city staff,
especially Derek Matheson, for coordinating this visit.
Mayor Gintz spoke of Federal Way becoming a great model for other cities to follow, as the city
becomes a "melting pot" of growing ethnic populations. He strongly encouraged these growing
populations to become ambassadors for others.
IX.
CITY MANAGER REPORT
City Manager David Moseley was pleased to announce that Councilmember Gates was reappointed
to the Sound Transit Board of Directors by King County Executive Ron Sims, where she has
served for the past four years.
He also announced the annual City Council Special Meeting with 301h District Legislators to
discuss the city's 2000 legislative agenda goals, to be held on Tuesday, December 14, 1999, at
7:30 a.m., in Council Chambers. He pointed out the South King County legislative breakfast,
City Council Regular Meeting Minutes
December 7, 1999 - Page 8
which includes Senator Bide and Representative Miloscia, will be held in Tukwila on Thursday,
December 9, 1999.
In addition, the City Manager addressed the visitation of city employees from Korea, in which the
Planning, Parks, Public Works Department, and Lakehaven Utility District will hold a briefing for
the visitors.
Mr. Moseley also reminded residents of the public reception honoring Mayor Ron Gintz and
Councilmember Jack Dovey on December 21, 1999, from 5:30 to 6:30 p.m., prior to the regular
City Council meeting.
The City Manager extended a personal thank you to the city's Public Safety Department, who
assisted the City of Seattle and the Port of Seattle with the WTO Conference, including events
such as the Presidential Dinner held at Boeing Field.
x.
ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor Gintz
adjourned the regular meeting at the hour of 8:00 p.m.
'>7CZM~,---
N. Christine Green, CMC
City Clerk