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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