Council MIN 02-20-1996 Regular
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
February 20, 1996 - 7:00 p.m.
MINUTES
I.
CALL MEETING TO ORDER
Mayor Priest opened the regular meeting of the Federal Way City Council at 7:02 p.m., in
Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mayor Mahlon "Skip' Priest, Deputy Mayor Hope Elder,
Councilmembers Mary Gates, Phil Watkins, Jack Dovey, Ron Gintz and Michael Park.
City Staff present: City Manager Ken Nyberg, City Attorney Londi Lindell, City Clerk Chris
Green and Deputy City Clerk Bob Baker.
II.
PLEDGE OF ALLEGIANCE
Armadillos Patrol Scout Pack #328 led the flag salute.
III.
PRESENTATIONS
a.
Special Recognition/Public Works Department
On behalf of the entire Council, Mayor Priest stated he is appreciative for the efforts of City
employees during recent storm events. The Mayor presented City Manager Nyberg with a letter,
signed by all Councilmembers, expressing the same and asked him to distribute a copy of the letter
to those involved. Mr. Nyberg thanked all city staff and expressed special thanks to Ms.
McClung and Ms. Mosley for handling things in a very professional manner as Acting City
Manager and Acting Deputy City Manager, respectively, during the storms while all directors
were away at a retreat.
b.
Human Services Commission Introductions
Councilmember Park announced new Human Services Commission members Maria Lopez,
Obadiah Smith and Toska Rodriguez. Alternate member Liz Pribble was also recognized and all
were presented with Certificates of Appointment.
c.
Proclamation/Black History Month
Deputy Mayor Elder read the proclamation and proclaimed February as Black History Month.
The original proclamation was presented to Cynthia Hassen, Diversity Commission. Ms, Hassen
thanked the Council and accepted the proclamation recognizing the accomplishments of African-
Americans.
ORIGINAL
CITY COUNCIL MEETING MINUTES
February 20, 1996 - Page 2
IV.
CITIZEN COMMENT
Mr. Larry Nordberg invited the City Council to the Forum on Public Safety at the Federal Way
Education Center on March 7, 1996, on behalf of the Federal Way Community Council. The
event will take place at 7:00 p.m. Further, he suggested the City place approved council meeting
minutes on the Web Page for full public disclosure. Finally, he suggested the City add a Faxback
number to our list for sharing information with the media and public. The Mayor explained
Council's appreciation of the ideas. City Manager Nyberg stated the Web page was put on by a
private citizen and Councilmember Gates explained a "computer whiz who cared a great deal about
the City" called her in 1995 and did add the City of Federal Way to the Web in 1995 after sharing
the content and obtaining the approval of she and Mr. Nyberg to ensure accuracy. This was done
free of charge to the City.
Mr, Ted Binder spoke to the Council regarding the King County Department of Development and
Environmental Services file number L9400935 and proposed ordinance 95-357. These dealt with
a 1986 King County decision relative to a plat alteration for Regency Woods, The proposed
requirements dealt with extension of a road and upgrade of the area he lives in which is zoned
"open space." The King County Hearing Examiner made a decision to delete the conditions from
the ordinance and the City's of Federal Way and Milton appealed the decision to uphold the
variance, He wondered if the City was filing an additional appeal on the King County Council
ruling and asked, "Is that the best way to expend our resources" for the City, when there are
much more valid concerns that should be "on the docket" for us? City Attorney Lindell explained
the City did appeal the decision to the Hearing Examiner; however, the City could not proceed
with an appeal to the Superior Court without City Council approval which has not been received
yet. Finally, she said these items are discussed in Executive Session. Mayor Priest stated, "We
will get back to you." and thanked him for coming in.
v.
CONSENT AGENDA
a.
b.
Minutes/February 6, 1996 Regular Meeting
Enactment Ordinance/Council Bill #140/Utility Tax Amendment
APPROVED ORDINANCE NO. 96-262
Enactment Ordinance/Council Bill #141/Transportation Bond Issue
APPROVED ORDINANCE NO. 96-263
1996 Skyhawks Sports Academy Contract
CDBG Housing Repair Contract Amendment
CDBG Second Funding Application Process
Steel Lake Phase ß Final Acceptance
c.
d.
e.
f.
g.
CITY COUNCIL MEETING MINUTFS
Febroary 20, 1996 - Page 3
h.
i.
1996 CP AC Projects
Landscape Maintenance Contract/Visitation Retreat Center/Bid Award
Streets Maintenance Contract Extension
1996 Landscape Maintenance Contract Bid Award
So 324th St CDBG Sidewalk Project/Bid Award
Transit Fare Policies
j.
k.
1.
m.
Councilmember Gintz moved to approve the consent agenda as presented; second by
Councilmember Dovey,
Councilmember Gates pulled item A
Motion to approve items b, c, d, e, f, g, h, i, j, k, 1 and m as presented carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Item A: Council member Gates wished this matter pulled to amend page 7, paragraph 5.
She moved to insert the following to the end of the paragraph, 'as well as an appointment to the
Finance Committee reviewing the assessments issue,' Second by Councilmember Gintz. The
motion to approve the amendment carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Councilmember Gates moved to approve the Council Meeting Minutes of February 6, 1996, as
amended; second by Deputy Mayor Elder. The motion to approve the minutes as amended carried
as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
CITY COUNCIL MEETING MINUTES
February 20, 1996 - Page 4
VI.
PUBLIC HEARING
TCI Cable Franchise
Staff Presentation
Citizen Comment
Council Deliberation
Enactment Ordinance/Council Bill #139/TCI Cable Franchise
APPROVED ORDINANCE NO. 96-264
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
GRANTING A NONEXCLUSIVE CABLE FRANCHISE TO TCI OF AUBURN, INC. AND
PROVIDING FOR A FRANCHISE FEE, TERMS OF FRANCHISE, FRANCHISE AREA,
TECHNICAL STANDARDS AND EVALUATIONS, REPORTING REQUIREMENTS, ACCESS
CHANNELS, PENALTIES, BOND AND INSURANCE REQUIREMENTS AND OTHER
FRANCHISE PROVISIONS IN CONNECTION WITH OPERATING A CABLE SYSTEM FOR THE
DISTRIBUTION OF TELEVISION SIGNALS.
Mayor Priest opened the public hearing at 7:21 p.m.
A brief presentation was made by Mr. Lon Hurd, from Cable Communications Consultants. The
ftanchise granting a non-exclusive franchise to operate a cable TV system in the City of Federal
Way to TCI of Auburn, before the Council, is the third of its kind to be adopted by Council. He
reminded Council Viacom and TCI will be merging to form another company within the next 30
to 45 days. He states the differences with this franchise are relatively minor with regard to
verbiage, etc. One major difference is Viacom wanted to have a franchise to operate a
communication systems and TCI wanted it to be strictly Cable TV at this point; depending upon
the analysis of the new federal cable/telecommunication laws. Should TCI wish to provide
additional services, they would have to come back to the City for additional franchises. Upon
request, the City has the right to ask for [P]ublic [E]ducation [G]ovemmental (PEG) access
provisions as the need warrants throughout the time of the ftanchise. TCI was able to impose low-
income, senior-citizen rates (discounted at 30%) for the home-bound who cannot get out for
entertainment.
Public Comment: Mr. Larry Nordberg asked if there were any restrictions on satellite dishes. Mr.
Hurd answered in the negative.
The Council had no questions.
Mayor Priest closed the public hearing closed at 7:27 p.m.
CITY COUNCIL MEETING MINUTES
February 20, 1996 - Page 5
Councilmember Gintz moved to enact Council Bill #139 as presented; second by Councilmember
Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
VII.
CITY MANAGER REPORT
City Manager Nyberg stated the meeting with Executive Locke for 2/21/96 has been cancelled.
City Council voice mail is now operational. Mr. Evans retirement will take effect 3/15/96. Mr.
Wood will be sworn in as Chief on 3/5/96 prior to the Council meeting. Mr. Nyberg will hold
a press conference on 2/22/96 with the Korean newspapers to describe the evolution of the Police
Department as part of a communications outreach program. An executive session is requested this
evening with anticipated action, The length of the session is believed to be 1 to 1-1/2 hours.
VIII.
CITY COUNCIL REPORTS
Councilmember Park stated the next Public Safety/Human Services Meeting is set on 3/21/96 @
4:30 p.m. The Lunar New Year celebration is set on 2/24/96, from 1:00 p.m. to 4: 15 p.m. The
event will be held at the King County Library with the agenda including games, crafts for kids,
demonstrations, Korean dance performances, classical music performances and refreshments.
Councilmember Watkins announced he'd represent the City on 2/21/96, at the Executive
Committee of the Airport Communities Coalition. The next meeting of the Land
Use/Transportation Committee is set on 3/4/96 at 5:30 p.m.
Councilmember Gintz announced the next Finance/Economic Development Committee Meeting
is set on 2/22/96, at 7:30 a.m. with more of an emphasis on the economic development
role/process. He asked to be excused from the 3/5/96 regular meeting of the City Council.
Deputy Mayor Elder reported an RTA workshop representing SCATBrd on 2/21/96. She will also
be attending a National League of Cities Meeting from 3/7/96 through 3/11/96 in Washington
D.C. There are 6 regional meetings coming up on low income/affordable housing within the next
30 days.
Councilmember Dovey reported the Parks Committee has asked Ms. Schroder to come up with
some recommendations on some conservancy funds that are available for Council to review in the
near future. He's had meetings with the school district about potential sites which may be
available in the future for fields and places where improvements could be made.
CITY COUNCIL MEETING MINUTES
February 20, 1996 - Page 6
Councilmember Gates corrected the minutes as necessary and as a gentle hint the appointments
are needed. She'll be attending the RTA workshop from 8:00 a.m. to 9:00 p.m. 2/21/96 in the
Snoqualmie Room, at the Seattle Center. At 4:30 p.m. (during a break in the workshop),
Councilmember Gates will chair a Suburban Cities Meeting where the Fare issue will be
discussed. She thanked Councilmember Watkins for holding a Land Use/Transportation
Committee Meeting and Councilmember Dovey for his input. She'll carry her information
forward. Puget Sound Regional Council general assembly is held in the month of March and
believes Council should discuss this at the 3/5/96 regular meeting. She reminded Council it might
be a good idea for Committee Chairs to meet with Commission Chairs by the middle of March.
Mayor Priest stated they presented, as the Council requested, language which would allow us to
continue our ordinance in the adult entertainment area. He thanked Ms. Lindell for working with
the staff of the House Committee. It appears that will be successful.
At 7:37 p.m., Mayor Priest recessed the regular session of the Federal Way City Council to begin
executive session.
IX.
EXECUTIVE SESSION
a.
b.
Property Acquisition/Pursuant to RCW 42.30.110(b)
Potential Litigation/Pursuant to RCW 42.30.110(i)
Executive session began at 7:38 p.m. At 8:42 p.m., Council requested an additional: 15 minutes.
At 8:52 p,m., Mayor Priest recessed the executive session and reconvened the regular session.
Councilmember Gintz moved to direct and authorize the City Manager to close the purchase of
certain real property required by the City in connection with construction of the S. 356th Regional
Surface Water Management Project pursuant to the terms of that certain Real Estate Purchase and
Sale Agreement dated February 2, 1996, between the City, as Purchaser, and C.G., Inc., as
Seller, covering certain real property located at Pacific Highway S. And S. 356th Street, Federal
Way, Washington, for a purchase price equal to $401,318.58; second by Deputy Mayor Elder.
The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
CITY COUNCIL MEETING MINUTES
February 20, 1996 - Page 7
Councilmember Gintz moved to direct and authorize the City Manager to close the acquisition of
an easement interest in certain real property required by the City in connection with construction
of the S. 336th/Kitts Comer Regional Surface Water Management Project pursuant to the terms
of certain Easement Purchase and Sale Agreement dated February 2, 1996, between the City, as
Purchase, and Fu-Chuan and Jane Wu, as Seller, covering certain real property located at Pacific
Highway S. And S. 336th Street, Federal Way, Washington, for a purchase price equal to
$17,157.00; second by Deputy Mayor Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
Council member Gintz moved to instruct the City Manager to enter into a Settlement Agreement
between the City of Federal Way and Federal Way Industrial Park, Inc., providing for the
settlement of that certain condemnation action filed in King County Superior Court, under Cause
No. 95-2-19577-6, providing for the acquisition by the City of a Permanent/Exclusive Easement
covering certain real property located in the vicinity of S. 336th and Pacific Highway S.,
providing for the payment by the City to Federal Way Industrial, Inc., of $5,000.00, and
providing for the recording of such Easement in favor of the City; second by Deputy Mayor
Elder. The motion carried as follows:
Priest
Gates
Gintz
Dovey
yes
yes
yes
yes
Elder
Watkins
Park
yes
yes
yes
XI.
ADJOURNMENT
Having no further business, Mayor Priest adjourned the regular meeting at 8:56 p.m.
~M ill m kvv
H. Robert Baker
Deputy City Clerk