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Council MIN 09-21-1994 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall September 21, 1994 MINUTES 1. CALL MEETING TO ORDER Mayor Gates opened the regular meeting of the Federal Way City Council at 7:05 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, City Attorney Landi Lindell, Deputy City Clerk Chris Green. TI. PLEDGE OF ALLEGIANCE Councilmember Priest led the flag salute. III. PROCLAMATION Mayor Gates read and presented the "Literacy Month" proclamation to student James Barron. IV. CITIZEN COMMENT Jacqueline Hunter - opposes 308th Street extension as proposed in the TIP; Jon Swenson, Mike Mizumoto, Ken Russell - spoke in opposition to the city's issuance of a building permit to Mr. Thorstad in the Marine Hills area, and Mr. Swenson submitted a written proposal requesting the city's assistance in purchasing and developing a neighborhood park on the subject property;- David Thorstad, property owner of the subject Marine Hills plat - responded to the park proposal and submitted informational letters from former City Manager Brent McFall; Ruth Koral, Human Services Commissioner - thanked the Council for their past support of the commission, as well as approving the installation of an elevator for the Klahanee Lake Community Center facility; Patty Fitzpatrick - thanked the Council and Parks Department for their support of parks and recreation programs for special population citizens. Mayor Gates responded to all citizen comments. COpy FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 21, 1994 - Page 2 v. CONSENT AGENDA a. b. Minutes/September 6, 1994 Resolution/ Amend Code of Ethics APPROVED RESOLUTION NO. 94-184 Resolution/ Amend City Council Rules of Procedure/Ethics Board Complaint Form APPROVED RESOLUTION NO. 94-185 1994 Asphalt Overlay Project Change Order Panther Lake Master Plan Adoption c. d. e. Councilmember Tomlinson pulled consent item (b) for additional information. Motion by Councilmember Priest to approve consent items (a), (c), (d), (e); second by Deputy Mayor Watkins. Motion to approve passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes Council member Tomlinson asked if decisions of the Ethics Board are binding; City Attorney Lindell said the Board would only forward its recommendations to full Council for a final decision. Council member Tomlinson also asked if it is advisable to have the mayor and deputy mayor determine if the subpoena request is reasonable. Councilmember Stead said the task force originally made that recommendation, but would not have an objection to the full Council being responsible for such determination, if the Council prefers. For discussion purposes, Councilmember Priest moved adoption of consent agenda item (b), amending the process by which the aid of a superior court is invoked; second by Councilmember Gintz. Councilmember Stead offered a substitute amendment to paragraph 5, page 4 of the proposed resolution, to read: In the event any person disobeys a subpoena, the Beare City Council may invoke the aid of any superior court of the state; maker and second of the primary amendment concurred. Motion to approve RESOLUTION NO. 94-184 "Ethics Code Amendment to Provide Subpoena Powers", as amended, passed as follows: Gates Tomlinson Gintz Priest yes yes no . yes Watkins Stead Elder no yes no FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 21, 1994 - Page 3 VI. PUBLIC HEARING - Transportation Improvement Program (TIP) Mayor Gates opened the TIP public hearing for citizen comment at the hour of 7:52 p.m., and announced the Council will further discuss the upcoming TIP resolution at the next regular meeting. The following citizens addressed Councilmembers: Margaret Nelson - supports city center park and BP A trail, and opposes the Diagonal Parkway; Steve Gorcester - thanked the Council for supporting the BP A trail project, and said he supports 312th roadway widening, but opposes the proposed Diagonal Parkway; Rick Gardner - thanked Deputy Public Works Director Cary Roe for the city's well planned Panther Lake project; Jack Stanford - supports traffic and pedestrian safety first vs. improved traffic flow; Bob Griebenow, Chamber of Commerce Director - read a statement from the Chamber on its position for TIP projects (attached hereto as Exhibit "A"); Jim Baker, Parks/Recreation Commissioner - opposes the proposed Diagonal Parkway, and said he further encourages project cooperation between the Council and Commission. Councilmember Priest advised the Land Use/Transportation Committee will meet October 3 at 6:00 p.m. to discuss a small projects list; he extended an invitation to all interested citizens. There being no additional public comment, Mayor Gates closed the public hearing at 8: 18 p.m.. Councilmember Tomlinson inquired about 1998 cost figures on TIP projects #9 and #10; Mayor Gates directed staff to provide the requested information. VII. INTRODUCTION ORDINANCES a. Council Bill #98/Weyerhaeuser Annexation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY 700 ACRES CONTIGUOUS TO THE CITY'S EASTERN BOUNDARY. Deputy Mayor Watkins moved for suspension of rules to advance Council Bill #98 to second reading; second by Councilmember Gintz. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 21, 1994 - Page 4 Mayor Gates presented the second reading of the proposed ordinance. Motion by Deputy Mayor Watkins to approve Council Bill #98; second by Councilmember Elder. Motion to approve ORDINANCE NO. 94-220 IIWeyerhaeuser Annexationll passed a§ follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes b. Council Bill #99/Five-Year Extension/Solid Waste & Recycling Franchise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ITS FRANCHISE FOR SOLID WASTE AND RECYCLING AGREEMENT. Deputy Mayor Watkins moved for suspension of rules to advance Council Bill #99 to second reading; second by Councilmember Gintz. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes Mayor Gates presented the second reading of the proposed ordinance. Motion by Deputy Mayor Watkins to approve Council Bill #99; second by Councilmember Elder. Motion to approve ORDINANCE NO. 94-221 II Five- Year Extension/Solid Waste and Recycling Franchisell passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes VIII . CITY COUNCIL BUSINESS a. City Symbol Mayor Gates invited Arts Commissioner. Joan Tabrum to present the commission's two recommended city symbols. Ms. Tabrum said the commission recommends the selection of a ." FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 21, 1994 - Page 5 "gazebo" or "fir cone" as the city's symbol, suggesting either item could be presented in the form of paper weights, charms, etc., to be used as gifts for visiting dignitaries. Following Council discussion, Councilmember Gintz moved for adoption of the "gazebo" as the city's symbol; second by Council member Elder. Mayor Gates introduced written information furnished by citizen Al McVay in support of the gazebo symbol. Motion to approve selection of the "gazebo" as the city's symbol passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes b. Proposed Use of 1995 CDBG Funds Motion by Councilmember Priest to adopt the Human Services Commission's recommendations for CDBG funds; second by Councilmember Stead. Elmer Reed, speaking on behalf of the South King County Multi-Service Center's literacy program, encouraged Councilmember support of the center's proposal for enhancement of the program with the construction of a new structure for classrooms. Councilmember Gintz asked Council to consider abandoning two items of the proposal--(l) the South King County Multi-Service Center's Literacy Program to fund classrooms for $71,246 and (2) the Human Services Plan for $12,500; and, further, to consider increasing the funding for two projects--(1) the Federal Way Community Caregiving Network's shelter for homeless women by $26,000 and (2) the city's pedestrian facilities upgrade by $56,500. Councilmember Gintz feels it could be advantageous for the city to authorize additional funding for the purchase of a dwelling for homeless women rather than rent a facility. Councilmember Stead said he feels it is equally important to improve the literacy program, and to train citizens to care for themselves and their families; however, Councilmembers Priest and Gintz feel it is possible to use school district facilities for the literacy program facilities rather than funding a new structure. Council member Gintz moved for a first amendment to the main motion to delete the funding for the literacy program in the amount of $71,246; second by Council member Elder. Motion passed as follows: . FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 21, 1994 - Page 6 Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes no yes Council member Gintz said he opposes funding for a human services plan consultant, and moved for a second amendment to the main motion to delete the proposed $12,500 funding for the city's human services plan; second by Councilmember Stead. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes Councilmember Gintz moved for a third amendment to the main motion to reallocate the sum of $26,000 to the Federal Way Caregiving Network's shelter for homeless women, contingent on suitable properties being located, and the sum of $57,746 being reallocated for pedestrian facilities upgrade, with the understanding such sum would be increased by an additional $26,000 in the event the Caregiving Network is unable to locate a suitable facility; second by Council member Stead for discussion purposes. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes Following discussion on the use of the Harry S Truman High School ball fields, Councilmember Priest moved for a fourth amendment to the main motion, to advise the school district that funding is available only if the fields are allowed to be scheduled for youth associations after 6:00 p.m. Monday through Friday, and all day Saturday and Sunday; second by Councilmember Gintz. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes absent yes Deputy Mayor Watkins moved to suspend rules and continue beyond the 10:00 p.m. adjournment requirement; second by Council member Elder. Motion passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 21, 1994 - Page 7 Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes no yes Mayor Gates called for the question on the proposed use of 1995 CDBG funds. The main motion approving 1995 CDBG funding, including four amendments, passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes IX. CITY MANAGER REPORT Mr. Nyberg reminded Council members they need to determine a schedule for the upcoming budget study sessions. He announced the gun buy back plaque is now on display outside Council Chambers. He also reminded Council of the need for an approximate IS-minute executive session to discuss property acquisition and potential litigation prior to adjournment, with action anticipated. . X. CITY COUNCIL REPORTS Council member Stead suggested one 6-hour budget study session in lieu of three 2-hour sessions. He reported the GMPC Executive Board will be meeting to select a task force and stressed the importance of having representation from the southend area. Mayor Gates reported the Council will be attending an upcoming SCA growth management meeting on September 28 from 7:00-9:00 p.m.. Council member Tomlinson thanked citizen Al McVay for his work on the city symbol project. Councilmember Elder reported the next meeting of the Public Safety/Human Services Committee is November 3--there will not be a meeting in October. She will also be attending a family youth and justice meeting this week. Mayor Gates reported she has received letters from Senator Slade Gorton and Representative Mike Kreidler with respect to the U. S. Post Office bulk mail facility fencing. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES September 21, 1994 - Page 8 XI. EXECUTIVE SESSION a. b. Property Acquisition/Pursuant to RCW 42.30. 110(b) Potential Litigation/Pursuant to RCW 42.30. 110(i) Mayor Gates recessed the regular meeting at 10: 12 p.m., and announced a 15-minute executive session to discuss property acquisition and potential litigation, with the possibìlity of action being taken at the conclusion of the session. At 10:30 p.m., Mr. Keightley announced a continuation of the executive session for an additional ten minutes; at 10:40 p.m., Mr. Keightley announced another lO-minute extension. Mayor Gates adjourned the executive session at 10:45 p.m., reconvened the regular meeting and reported there is no action to be taken. XII. ADJOURNMENT There being no further business to come before the Council, Mayor Gates adjourned the regular meeting of the Federal Way City Council at the hour of 10:45 p.m.. àri:ti~ ~ ~ Deputy City Clerk CKEA TEK FEDEKAf f1/A Y CHAAlßEK OF COAlAlEKCE POSITION STATEMENT ON LOCAL TRANSPORTATION IMPROVEMENTS The Federal Way Chamber of Commerce supports the city of Federal Way draft Transportation Improvement Plan developed by the Public Works Department. We feel Philip Keightley and his staff did an excellent job to select and prioritize the most meaningful road improvements to mitigate increasing traffic congestion within Federal Way. We feel the City of Federal Way should implement the plan by funding the design and construction of the roadway improvements. Local businesses need access for their customers and clients. Mass transit improvements ate in the long range future of Federal Way. We want roadway improvements to start now. ~~ n ,\l~ ~ '\P:¡y\ \~ ~q Soon the Federal Way retail businesses will be facing stiff competition from the stores in the Auburn Supermall. If traffic congestion is not mitigated, customers from outside and within Federal Way may choose to drive to Auburn instead of Federal Way. A loss of sales tax revenues will impact the City of Federal Way budget directly. The Federal Way Chamber makes the following recommendations: 1. Appropriate and authorize funds to fully cover the Public Works road maintenance program. 2. Appropriate and authorize funds to fulfill the local match required by transportation grants already received from the State of Washington. It is not essential that the projects are not at the top of the list. Since they are on the TIP, they are meaningful projects. 3. Take immediate steps to put a transportation bond issue before the voters to fund the design and construction of roadway projects not currently funded by State and Federal grants, but which have top priority on the TIP. The Federal Way Chamber of Commerce supports a goal of having consistent, medium level funding for local roadway construction. Planning has been completed, the City of Federal Way needs to start constructing. A steady flow of funds will show the voters that the City Council hears their voice for action, because there will always be a road or street under construction in Federal Way. (Presented in public testimony at the Federal Way City Council Meeting on 21 August 1994, by Robert Griebenow, member of the Greater Federal Way Chamber of Commerce Board of Directors.) li~XHIH1T "If/I f'() Box 3440, Fcc/eral W.]\', WA ()(I(}(,! . r-!(}(,) iiW--!(,{)" / (-!(}(,) 9-!i-.!SS6 . Fdx e(}()) IJ(, l-(}()SO . Modem (206) RJR-Sli86