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Council MIN 02-07-1995 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall February 7,1995 - 7:00 P.M. MINUTES I. CALL MEETING TO ORDER Mayor Gates opened the regular meeting of the Federal Way City Council at 7:04 p.m., in Council Chambers, City Hall, Federal Way, Washington. City Council present: Mayor Mary Gates, Deputy Mayor Phil Watkins, Councilmembers Jack Dovey, Hope Elder, Ron Gintz, Skip Priest, Ray Tomlinson. City Staff present: City Manager Ken Nyberg, City Attorney Londi Lindell, Deputy City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Dovey led the flag salute. III. PRESENTATION City Manager Nyberg presented this month's SPIRIT award to Assistant Management Services Director Marie Mosley, who accepted on behalf of Senior Financial Analyst John Caulfield; one of Mr. Caulfield's many accomplishments included his dedication and valuable assistance during the budget process. IV. CITIZEN COMMENT John Schneider, representing the Federal Way Kiwanis - invited everyone to participate in this year's blood drive, which will be held on Presidents' Day at SeaTac Mall; David Wallis - encouraged the Council take their time and not rush a bond issue for parks facilities, and also expressed his appreciation to the Planning Commission for their diligent work on the sign code amendment; David Kaplan - requested a change in traffic control at the intersection of Pacific Highway South and South 336th Street and furnished a sketch and written request to Council to identify his concerns; Evelyn Castellar - addressed and distributed a letter to Council addressing her frustration with the city's permit processes during her attempt to open a small business within the Federal Way area. Mayor Gates responded to the citizen concerns and directed them to appropriate staff. ORIGINAL FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES February 7, 1995 - Page 2 v. CONSENT AGENDA a. b. c. d. e. f. g. h. Minutes/January 17, 1995 Voucher/February 7, 1995 Monthly Financial Report/December 1994 Appropriation of Replacement Reserve Funds/Data Processing Equipment Hearing Examiner Contract Extension Bellacarino Woods Preliminary Plat Extension Commission Appointments Resolution/Support Major Supplemental Airport Alternative Site APPROVED RESOLUTION NO. 95-195 Mayor Gates pulled item (g) of the consent agenda. Motion by Councilmember Gintz to approve consent items (a), (b), (c), (d), (e), (f) and (h) of the consent agenda; second by Councilmember Priest. Motion passed as follows: Gates Tomlinson Gintz Priest Watkins Dovey Elder yes yes yes yes yes yes yes Mayor Gates reminded Councilmembers of the recent resignation of Rick Randall from the Human Services Commission, and the necessity of naming a replacement to fill his unexpired term. Motion by Councilmember Elder to nominate Otis Dancy as a replacement for Mr. Randall on the Human Services Commission, and to confirm the following commission appointments; second by Councilmember Priest. HUMAN SERVICES COMMISSION: For terms to expire 12/31/97- Tracey Eide, Linda Ingham and Lisa Grimes; to fill Rick Randall's position for a term to expire 12/31/95 - Otis Dancy; alternate - Donald Larsen. ARTS COMMISSION: For terms to expire 12/31/97 - Jane Yambe, Nancy Ise, Betty Huff and Joy Melgard; to fill a vacancy for a term to expire 12/31/95 - Joann Piquette; alternate - Donna Welch. DIVERSITY COMMISSION: For terms to expire 12/31/97 - Elsie Dennis, Ross Papa and Howard Stallings; to fill vacancies for terms to expire 12/31/95 - Amy Vince-Cruz and Arthur Krueger; alternate - Pam English. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES February 7, 1995 - Page 3 Motion to approve the named commission appointees passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Dovey Elder yes yes yes Mayor Gates thanked the Councilmembers for their dedication and time contributed during the commission interview process. VI. INTRODUCTION ORDINANCES a. Council Bill #1O4/Viacom Cablevision Franchise Extension AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO CABLE COMMUNICATION FRANCmSES, AMENDING ORDINANCE NO. 94-204, EXTENDING THE NON-EXCLUSIVE FRANCmSE WITH VIACOM. Deputy Mayor Watkins moved to suspend rules to place Council Bill #104 before Council at this time; second by Councilmember Priest. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Dovey Elder yes yes yes City Attorney Londi Lindell explained the proposed cablevision franchise ordinances extend the franchises with Viacom and TCI for a sixty-day period, to provide additional time for the Finance/Economic Development Committee to receive updated information prior to making a recommendation to full Council. She explained that King County has already completed negotiations with Viacom, but is still working with TCI. Motion by Deputy Mayor Watkins to approve Council Bill #104; second by Councilmember Priest. Motion to approve ORDINANCE NO. 95-227 "Viacom Cable Communication Franchise Extension" passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Dovey Elder yes yes yes FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES February 7, 1995 - Page 4 b. Council Bill #105/TCI Cablevision Franchise Extension AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO CABLE COMMUNICATION FRANCHISES, AMENDING ORDINANCE NO. 94-205, EXTENDING THE NON-EXCLUSIVE FRANCHISE WITH TC1. Deputy Mayor Watkins moved to suspend rules to place Council Bill #105 before Council at this time; second by Councilmember Priest. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Dovey Elder yes yes yes Motion by Deputy Mayor Watkins to approve Council Bill #105; second by Councilmember Dovey. Motion to approve ORDINANCE NO. 95-228 "TCI Cable Communication Franchise Extension" passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Dovey Elder yes yes yes Mayor Gates reminded Councilmembers the Finance/Economic Development Committee will be reviewing the cable franchise extensions, and bring their recommendations back to full Council. VII. CITY COUNCIL BUSINESS a. Regional Issue/GMPC Housing Finance Task Force Progress Report Motion by Mayor Gates to add SW 336th121st Ave SW to 26th PI SW Street Improvement Grant as business agenda item (b); second by Councilmember Priest. Councilmember Elder amended the main motion to add an additional agenda item (c) for lAC grant funding for parks; second by Councilmember Gintz. Amendment to main motion, adding business item (c), passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES February 7, 1995 - Page 5 Gates Tomlinson Gintz Priest yes yes yes yes Watkins Dovey Elder yes yes yes Amended main motion, to add business agenda items (b) and (c), passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Dovey Elder yes yes yes b. SW 336th/21st Ave SW to 26th PI SW Street Improvement Grant (ADDED ITEM) Interagency Committee/Outdoor Recreation (lAC) Parks Funding (ADDED ITEM) c. Item (a): Community Involvement and Policy Planning Director Larry Springer briefed Council on the current status of the GMPC Housing Finance Task Force activities. Item (b): Public Works Director Cary Roe presented alternatives #1 and #2 for the proposed SW 336thl21st Ave SW to 26th PI SW street improvement and grant application, including an explanation of the funding requirements for both roadway designs. Cost of Alternate #1 would be $1,987,506 compared to $3,180,640 for Alternate #2 because of adding bike lanes to the design. Since the grant application deadline is February 15, it is necessary for Councilmembers to make a decision at this time. Councilmember Priest reported the project has been listed on the Transportation Improvement Plan for several years, and said he feels it is a very important project. Motion by Councilmember Elder to accept alternate #1 as the preferred design for the SW 336th Street improvement project and grant application; second by Councilmember Gintz. Motion to approve alternate design #1, as reflected by Exhibit "A" attached hereto, passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Dovey Elder yes yes yes Item (c): Parks/Recreation Director Jenny Schroder provided Council with an brief explanation of the lAC grant funding and responded to questions. Mayor Gates requested Ms. Schroder obtain an update on any impending state and/or federal level funding, in order to provide Councilmembers with a progress report in the near future. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES February 7, 1995 - Page 6 VllI. CITY MANAGER REPORT Mr. Nyberg reminded Council of the need for an executive session prior to adjournment. He will have staff furnish Councilmembers with a legislative update following the A WC conference on February 22 and 23. He recently provided them with a copy of the overall bond process procedure, in response to earlier public inquiries. City Attorney Lindell advised there are specific rules governing public officials related to bond issue activities; she will prepare and furnish Council with a legal opinion. Councilmember Priest reminded them there is currently a bill before the State Senate Committee asking for testimony dealing with airport alternative sites; he requested that staff fax a copy of approved Resolution No. 95-195 to Senator Schow tomorrow morning, with a request to have the document read into the record during the current proceedings. IX. CITY COUNCIL REPORTS Councilmember Elder announced the next meeting of the Public Safety/Human Services Committee will be held on March 2, at 7:30 a.moo Councilmember Priest reported the Land Use/Transportation Committee will meet February 23, at 6:00 p.moo Councilmember Tomlinson confmned the bond issue will be discussed during the Council's upcoming retreat. Mr. Nyberg announced the retreat is now scheduled for February 24 and 25, with Dr. Michael Pendleton serving as facilitator for both sessions. He will be circulating a draft agenda within the next few days, and asked Councilmembers to review the draft and advise Patrick Briggs as to any changes or specific items they would like to be included. x. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.1l0(i) Mayor Gates recessed the regular meeting at 8:20 p.m., and announced a 20-minute executive session to discuss potential litigation, with action expected. Mayor Gates adjourned the executive session at 8:45 p.m., and reconvened the regular meeting. Motion by Councilmember Gintz to direct the City Manager to enter into a Forbearance Conditions Agreement between the City of Federal Way and Robert C. Meyers, in connection with the subdivision of certain real property located in Tacoma, Washington, into sixteen single FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES February 7, 1995 - Page 7 family residential lots known as Lookout Pointe, which agreement shall provide for Mr. Meyers' payment of $7,500 to the City, to mitigate the traffic impacts to the city of Federal Way from such development, in exchange for the City agreeing to withdraw its SEP A appeal of the Determination of Nonsignificance issued by Tacoma; second by Councilmember Elder. Motion passed as follows: Gates Tomlinson Gintz Priest yes no yes yes Watkins Dovey Elder yes yes yes XI. ADJOURNMENT There being no further business to come before the Council, Mayor Gates adjourned the regular mœti" of the F""ern! W" c;~ Coone!~ of "46 p. m.. . Ck:æ~ / ~. N. Christine Green Acting City Clerk SW 336th - FROM ~~ n .c~ø \o¡:S \\V'- ~1 C¡ 21st AVE SW TO 26th Pl SW AL TERNATE #1 $1.987.506 f """""'" ç "'-.. R¡W I -----'}... I EX . R/W . ~ I I I ':."::::' ! I.. a's ". "'TO 1M< 1%'lN1E .. I.. '!\NIE ... "'TO (( LAI£ ~' ! ¡, I L---------f - -- - ~=~==a~~- - At TERNATE #2 $3.180.640 EXHIBIT tr Ii- //