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Council MIN 07-19-1994 Regular ,',,;' FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hail July 19, 1994 - 7:00 P.M. MINUTES 1. CALL MEETING TO ORDER Mayor Gates opened the regular meeting of the Federal Way City Council at 7:03 p.m., in Council Chambers, City Hall, Federal Way, Washington. City Council present: Mayor Mary Gates, Deputy Mayor Phil Watkins, Councilmembers Ray Tomlinson, Ron Gintz, Skip Priest, Bob Stead, Hope Elder. City Staff present: City Manager Ken Nyberg, Acting City Attorney Londi Lindell, Deputy City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Priest led the flag salute. III. PROCLAMATION Mayor Gates read and presented the "Sister City Commemorative Day" proclamation to Brian Yam be, son of Diversity Commissioner Jane Yam be. IV. CITIZEN COMMENT Joan Tabrum, Nancy Ise, Betty Huff, Jeanne Burbidge - support 2 % for arts ordinance; Al McVay - supports Vision 20-20; Judge Carolyn Hayek, Maria Lopez, Mary Jo Torgeson, Ross Papa, Jane Yambe, Glenn Whitham, Jerry Millett, Beverly Kim, Linda Wang, Shari Song, Bob McKenzie, Rubi Williams - support diversity training and oppose proposed Council Committee changes to diversity ordinance; Sue Cohon - requested Mayor Gates read her statement in support diversity training; David Runyan - submitted letter to Council regarding public access to Dash Point State Park. Mayor Gates thanked the citizens for commenting, and referred Mr. Runyan's concerns to Parks Department staff. COpy FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 19, 1994 - Page 2 V. a. b. c. d. e. f. g. CONSENT AGENDA Minutes/July 5, 1994 Purchase Snow & Ice Equipment So 300th StlWildwood Elementary School Area Traffic Safety Improvements Bid AcceptancelBP A Trail Phase I Project Enactment Ordinance/CC Bill #93/Diversity Commission Amendment APPROVED ORDINANCE NO. 94-216 Enactment Ordinance!CC Bill #94/2 % for the Arts APPROVED ORDINANCE NO. 94-217 Topographic Mapping Services for Celebration Park Council member Stead pulled consent item (e) and Deputy Mayor Watkins pulled item (f) for additional discussion. Motion by Councilmember Tomlinson to approve consent items (a), (b), (c), (d), (g); second by Deputy Mayor Watkins. Motion passed as follows: Gates Tomlinson Gintz Priest Watkins Stead Elder yes yes yes yes yes yes yes Under consent item (e), Councilmember Stead moved for enactment of the Diversity Commission's version of the draft ordinance, with the following amendment: changes made by the committee not to be included as to item 2 of the proposed purpose statement, and go with the commission's recommendation on item 2; second by Mayor Gates for discussion purposes. Council member Gintz offered a friendly amendment to item 5 of the commission's draft (item 4 in committee's draft) changing from identify obstacles that adversely impact traditionally underrepresented members of our diverse community to read identify obstacles that impede access to city government for all of our community's diverse members. He also asked the maker of the main motion to accept a friendly amendment to eliminate point 2 to advocate and assist in development of continuing sensitivity program for council and staff that will lead to a greater understanding of the value of a diverse community to the governance process, and under item 3 of the committee draft, change from advise the staff on strategies to be used in recruiting and hiring a diverse work force for the community, to read advise the staff on strategies to be used in recruiting and training a diverse work force for the community. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 19, 1994 - Page 3 Mr. Nyberg called on Human Resources Manager Mary McDougal to present the recent proposed changes from the Diversity Commissioners. The maker and second of the main motion accepted Council member Gintz' friendly amendment under Sec. 2-90 Responsibilities and Objectives, to read: The Diversity Commission shall have the responsibility to pursue the following tasks in the following order of priority. Council member Gintz moved for amendment of the main motion to change item 3 of the committee draft to read: To advise the staff on strategies to be used in recruiting and training a diverse work force for the community; second by Councilmember Elder. Mayor Gates offered a friendly amendment to the amendment currently on the floor to read recruiting. hiring and training; friendly amendment accepted by maker and second. Council member Gintz' amendment to the main motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes no yes Mayor Gates additionally offered a friendly amendment to item 2 of the commission's recommendation, to remove the word sensitivity and replace with continuing educational program; maker of main motion accepted the friendly amendment. Mayor Gates and Deputy Mayor Watkins provided clarification of the motion currently on the floor as follows: Main motion, with amendments, adopts the commission's recommendations with modifications to item 5 and a minor modification to item 2, as deleted by the committee, and to change Sec. 2-90 Responsibilities and Objectives, to read: The Diversity Commission shall have the responsibility to pursue the following tasks. Main motion, as amended above, approving Ordinance No. 94-216 "Diversity Commission Amendment", passed as follows: Gates Tomlinson Gintz Priest yes yes no yes Watkins Stead Elder no yes yes Following discussion of consent item (f), proposed 2% for Arts Ordinance, Councilmember Elder moved for approval; second by Council member Tomlinson. Motion to approve Ordinance No. 94-217 "2% for the Arts" passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 19, 1994 - Page 4 Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder no yes yes Mayor Gates announced a 5-minute recess at 8:35 p.m.; she reconvened the regular meeting at the hour of 8:45 p.m.. VI. PUBLIC HEARINGS a. Annexation & Proposed Interim Comprehensive Plan Designations & Zoning Classifications for Weyerhaeuser Annexation 1. Staff Report 2. Citizen Comment 3. Council Deliberation 4. Resolution - APPROVED RESOLUTION NO. 94-178 Mayor Gates read a statement on public hearing procedure. City Manager Nyberg introduced Senior Planner Greg McCormick who reviewed the written documentation furnished in Council's packet, explained the various parcels of land affected with the proposed zoning and responded to questions by Councilmembers. He explained the final annexation ordinance will come back to Council following review by the Boundary Review Board. Councilmember Priest inquired about parks open space funding and Ms. Lindell responded. Mr. McCormick summarized the process--following tonight's public hearing, the Council can adopt the proposed resolution and instruct a notice of intent to annex be filed with the Boundary Review Board; there is a 45-day review period once the application has been submitted; if no jurisdiction is invoked prior to the end of the review period, the annexation is approved; once the city has received a favorable reply from the BRB, city staff will draft an annexation ordinance to be presented at the next available meeting following the BRB's approval. The present recommendation is for approval of the draft resolution authorizing staff to prepare the BRB packet, submit an intent to annex with the board and direct staff to prepare the appropriate ordinance for August 2 meeting on zoning, comprehensive plan designations and concomitant agreements for the proposed annexation area. ' At the hour of 9:06 p.m., Mayor Gates opened public comment on both the annexation and concomitant agreements. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 19, 1994 - Page 5 Jerry Hillis, representing the Weyerhaeuser Company and Mr. Chase in connection with the annexation addressed the Council. Also present was Steve Lewis, President of the Weyerhaeuser Real Estate Company and Mr. Chase of the Chase Trust. Mr. Hillis advised that Mr. Lewis had testified at the previous hearing and had nothing to add, but wanted citizens to know they are available to respond to any questions at this time. There being no additional comment, Deputy Mayor Watkins moved to close the citizen comment portion of the public hearing at the hour of 9:08 p.m.; second by Council member Gintz. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes Motion by Deputy Mayor Watkins to adopt the concomitant zoning agreements and recommended interim zoning and comprehensive plan designations for properties in the annexation area not covered by the concomitant zoning agreements, and to authorize city staff to submit the notice of intent to annex to the King County Boundary Review Board; second by Councilmember Elder. Councilmember Stead asked if ex parte disclosure is required. Ms. Lindell advised the record has been continued from the first public hearing and would carry over from prior disclosure. Mayor Gates called for the question. Motion to approve the main motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes Motion by Council member Priest to approve the proposed resolution declaring and giving notice of the city's intent to annex approximately 700 acres located between South 320th Street and South 352nd Street, east of Interstate 5 and west of North Lake and Lake Killarney; second by Councilmember Elder. Motion to approve Resolution No. 94-178 passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 19, 1994 - Page 6 Mr. Hillis expressed appreciation to city staff for their professional facilitating of the process, and said they look forward to a long relationship with the City of Federal Way. b. Solid Waste/Recycling Rates 1. Staff Report 2. Citizen Comment 3. Council Deliberation 4. Introduction Ordinance Council Bill #95/Solid Waste/Recycling Rates Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASmNGTON, AMENDING ITS SOLID WASTE AND RECYCLING UTILITY SCHEDULE OF RATES AND RETAINAGES FOR SERVICE BY PROVIDING FOR AN 8.24% INCREASE IN THE COLLECTION RATES, BY THE ADDmON OF A TWENTY DOLLAR ($20.00) YARD WASTE CONTAINER RE- DELIVERY FEE, BY THE ADDmON OF AN AUTOMATIC PASS THROUGH OF ANY FUTURE DISPOSAL FEE INCREASES ASSESSED BY KING COUNTY FOR USE OF ITS DISPOSAL FACILITIES AND BY INCLUDING COMMERCIAL DROP BOX RATES FOR ROLL-OFF CONTAINERS (AMENDS PREVIOUS ORDINANCE 93-167). Mayor Gates read an opening statement explaining hearing procedure, and Mr. Nyberg introduced Deputy Public Works Director Cary Roe who presented the briefing. He reviewed the rate changes with Council, which are proposed to take effect on September 7, 1994. Mayor Gates then opened the public hearing at the hour of 9:25 p.m.. There being no citizen comment she closed the hearing at 9:26 p.m., and presented the introduction reading of the proposed ordinance with enactment scheduled for August 2, 1994. For the record: Citizen Mary Killgrove submitted a written statement opposing the rate increase, which is attached hereto as Exhibit" A" . VII. CITY MANAGER REPORT Mr. Nyberg reminded Council of their scheduled retreat tomorrow from 12:00 noon to 5:00 p.m., at Klahanee Community Center. He also reminded them of the lO-minute executive session prior to adjournment, and advised no action is anticipated. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES July 19, 1994 - Page 7 VIII . CITY COUNCIL REPORTS Councilmember Stead reported on the recent Ethics Task Force meeting and asked that a proposed ethics resolution be placed on the agenda for August 2. Councilmember Priest reported the Land U se/Transportation Committee will not meet this month, but has scheduled the homeless shelter issue for sometime in August. Council member Elder reported on the Community Task Force meeting held on July 14, and announced the next meeting on the senior housing issue will be held July 25 at 9:00 a.m., in Council Chambers. Mayor Gates thanked Public Works Director Philip Keightley for hosting the recent RTA tour of the city. IX. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30. 11 0 (i) Mayor Gates recessed the regular meeting at 9:35 p.m., and announced a to-minute executive session to discuss potential litigation pursuant to RCW 42.30. 110(i), with no action anticipated. At 9:45 p.m., Mr. Anderson announced a continuation of the executive session for an additional five minutes. Mayor Gates adjourned the executive session at 9:50 p.m., and reconvened the regular meeting. x. ADJOURNMENT There being no further business to come before the Council, Mayor Gates adjourned the regular meeting of the Federal Way City council5;°ur of 9:50 p.m.. r ClL.(.L ~ N. 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