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Council MIN 04-16-1996 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall April 16, 1996 - 7:00 p.m. I. CALL MEETING TO ORDER Mayor Priest 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 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 Councilmember Ron Gintz led the flag salute. III. PRESENTATION a. PrnehmMinn/Ynllth Rp.c.ognitinn Wf'P-le Deputy Mayor Elder read and proclaimed the Week of April 22-26, 1996, as "Youth Recognition Week" encouraging support and recognition of this community's outstanding youth. Present to receive the original proclamation was Carrie Scott, Chair of the Youth Commission. Ms. Scott thanked the Council on behalf of the Youth Commission for the proclamation. b, Prnc1amatinn/C'inen tie Mayn W""le Deputy Mayor Elder read and proclaimed the Week of May 2-5, 1996, as "Cinco de Mayo Week," Present to receive the original proclamation was Juan Sanchez. On behalf of the Diversity Commission and the citizens of Federal Way, he thanked the Council for the proclamation and recognition. c. pre.entatinn/Ollte;ning Parle. C'nmmi"inner Mare;aret Nel<nn Councilmember Dovey presented a Certificate of thanks to outgoing Parks & Recreation Commission Margaret Nelson. Mrs. Nelson was present to receive her certificate. She thanked her husband for "spending many hours alone," and the Council for enlisting the aid of volunteers. Finally, she stated the volunteers, " make the City worth living in. " ORIGINAL City Council Regular Meeting Minutes - 4/16/96 Page20f8 IV. CITIZEN COMMENT Mr. P. H. Townsend spoke of the "tremendous success that we've had so far in getting the expert panel to rule our way" on the third runway issue. He commended the Council for "sticking" with it and encoumged them to continuing fighting. He asked them to send a message to PSRC relating the Council's concern re: quality of life, etc. Further, he asked Council to encourage people to consider taking the day ftom work and attending the 4/25/96 PSRC meeting to let them know how we, as a community, feel about this issue. Mayor Priest informed him a letter did go to the PSRC Board relating the Council's concerns on these issues. Mr, Dietrick Jones, Federal Way Historical Society, thanked the Council and the organization of the City. He then invited the Council to an open house and reception Monday, April 22, 1996, ftom 1:30 p.m.- 6:00 p.m., at Visitation Retreat & Cultural Center. There will be refreshments, a tour of the office, grounds and an historical exhibit. H. David Kaplan honored Margaret Nelson as outgoing Parks Commissioner and thanked her for numerous hours, tireless efforts and wonderful work on the commission and for the citizens of Federal Way. V. j. k. 1. CONSENT AGENDA a. b, c, d. Minllt..../April ? Rf'.f;lIlar Mf'P.ting 199/Í-97 Solid Wa.t... !it Rf'1'.yding Orant. Acc~tanc.../Rp,o¡ No 96-226 R...vi.... Surplu. Propt'rty nisposal Policy/Rp,o¡ No 96-227 Authori7P' nonation ofR...tir..n PC'.'. to FWSn/Rp,o¡ No 96-2211 ToininE National Flood Tn.llrancp. ProEram/R... No 96-229 St T Ilk.... T uth...ran C'.hurch Ma.t...r Plan Approval (J>rnc...ss TH)/R... No 96-2JO Fm...rg...ncy nf'1'.laration R...latf'.d FYp"n.... R...imhurs...m...nt/R..s No 96-2J1 Award of Hf',;¡rinE Fyamin...r C'.ontract/p"llp.d by C'.olln..ilmp.mb..r Watkins KinE C'.ollnty Rond TsslI... Projf'1'.t/itp.m p"II..d by C'.olln..ilmp.mh..r nov..y Visitation R...trf',;¡t AnA Tmprov...m...nts/Final Acl'~tanc... RriEadoon Pha.... TT N...ighhorhood Traffic Saf...ty Improvement. C'.ommunity nevelopment RInck Orant Acc~tance of Pass Throllgh Statll' e. f. g, h. i. DEPUTY MAYOR ELDER MOVED ADOPTION OF CONSENT ITEMS A, B, C, D, E, F, G, J, K & L AS PRESENTED; second by Councilmember Ron Gintz. The motion carried as follows: Priest Gates Gintz Dovey Elder Watkins Park yes yes yes yes yes yes yes City Council Regular Meeting Minutes - 4/16/96 Page30f8 1tenL(h): Councilmember Watkins questioned the process used for selection/recommendation of the Hearing Examiner. The City Clerk, Chris Green, explained the RFQ and advertising process as well as the weight given to each portion of the selectional criteria in the responses. COUNCILMEMBER WATKINS MOVED ADOPTION OF ITEM (H), AWARDING OF THE HEARING EXAMINER CONTRACT TO THE LAW FIRM OF MCCARTHY -CA USSEA UK, OF TACOMA, WASHINGTON; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Item...(i): Councilmember Dovey pulled this item to explain the recommendation as the Parks Committee Meeting was held yesterday and the recommendations were received by Councilmembers at tonights meeting. COUNCILMEMBER DOVEY MOVED THE COUNCIL TO APPROVE THE RECOMMENDATION TO SUBMIT CELEBRATION PARK UNDER THE LOCAL PROGRAMS CATEGORY AND HYLEBOS STREAM STABILIZATION UNDER THE URBAN RESOURCES CATEGORY ON BEHALF OF THE CITY OF FEDERAL WAY FOR THE PROPOSED KING COUNTY FUNDING INITIATIVE FOR PARKS, ACTIVE RECREATION AND NATURAL RESOURCES; second by Councilmember Mary Gates, The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes VI. INTRODUCTION ORDINANCES a, round] Ri11 H141/1QQ/i RlIIIget Adjustment .. An ordinance of the city council of the City of Federal Way, Washington, relating to budgets and finance, revising the 1996 budget (Amends ordinance 95-250)," Mayor Priest read Council Bill #143. COUNCILMEMBER GINTZ MOVED THE MATIER BE SET OVER TO MAY 7, 1996, FOR ENACTMENT READING; second by Councilmember Gates. The motion carried as follows: City Council Regular Meeting Minutes - 4/16/96 Page4of8 Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes b. C'.nnnl'.¡¡ Ri11 6144/1991 C'....rtifir",t... nfP~rtidp~tinn R...fnnd An ordinance of the City Council of the City of Federal Way. Washington, authorizing the issuance and sale of limited tax general obligation refunding bonds of the city in the aggregate principal amount of $[pamt] to pay a portion of the costs of constmeting and equipping improvements to city facilities, to prepay certain lease obligations of the city and to refund certain outstanding limited tax general obligation bonds of the City; authorizing the appointment of an escrow agent and the execution of an escrow agreement related to such reftmding; providing the date, form and redemption provisions of said bonis; providing for the disposition of the bond proceeds; providing for the annual levy of taxes to pay the principal of and interest on the bonds; and authorizing the sale of the bonds, COUNCILMEMBER GATES MOVED THE MATTER BE FORWARDED [TO A DATE UNCERTAIN]; UNTIL A SAVINGS OF $ 40,000.00 CAN BE ACHIEVED; second by Deputy Mayor Elder. At that time, the matter would come back to the Council for second reading/enactment. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes COUNCILMEMBER DOVEY MOVED TO ADD ITEM TO COUNCIL BUSINESS AGENDA AS ITEM VIl (c); APPOINTMENT OF PARKS & RECREATION COMMISSIONERS; second by Councilmember Phil Watkins. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes VII. CITY COUNCIL BUSINESS a. n~t...cI C'.nmmnniti.... Councilmember Watkins gave a brief synopsis of how this matter came to the Council before City Council Regular Meeting Minutes - 4/16/96 Page50f8 going through the Land Use/Transportation Committee. He stated Councilmember Gates previously recused herself from such discussion and from voting in committee, leaving City Councilmembers Watkins and Gintz to vote on the issue. Their views are opposing, therefore, the item came to the Council. Councilmember Gates stated City staff has done some incredible work since the Land Use Committee level and she would like to be included in the discussion as the information is easy to "objectify.' Mayor Priest approved her request. Mr. Carr Roe made a brief overview/presentation and gave a review of key issues which would need to be addressed if gated communities became a part of Federal Way. He provided overheads for easy review of materials presented to council in their agenda packets. Public Comment was taken on this item. Rick Brown and Paul Wham stated their satisfaction with Mr. Roe's presentation and spoke in favor of gated communities in Federal Way. Chief Ron Wood said he generally remains professionally neutral toward the development of gated communities. He believes it is a predictable development socially as people are pressured by the pace of life and size of communities lived in. And as a result, gated neighborhoods offer opportunities to redefine community boundaries for their own neighborhood and for themselves provides a restored sense of stability and control in their environment in which they live. He stated Opticom system may be necessary and he's not generally very supportive of the system. Fire Department Administrator, Jim Hamilton is very supportive of Opticom system as it is necessary for fire fighters as it is very important and in each of their vehicles, Much council discussion ensued. Deputy Mayor Hope Elder, Councilmember Jack Dovey and Mayor Priest are opposed to this issue. MOTION BY COUNCILMEMBER WATKINS TO DIRECT CITY STAFF TO PREPARE AN ORDINANCE WITH CONCERNS RAISED BY OTHER COUNCILMEMBERS, E.G., USE OF OPTICOM, SOCIAL IMPACTS ON THE COMMUNITY, ECONOMIC INTEREST TO THE TAXPAYER, SAFETY ISSUES, PUBLIC PROCESS AND HOW IT OCCURS, AND RETROFITTING IN PROVIDING GATED COMMUNITIES IN NEIGHBORHOODS; second by Councilmember Gintz. Further discussion ensued and Councilmember Dovey called for the previous question, The vote on the motion, as confirmed by a following roll-call vote requested by Councilmember Watkins carried as follows: Priest Gates Gintz Dovey no yes yes no Elder Watkins Park no yes yes Mayor Priest would also like the staff, as part of this discussion to look at "all vacations that have occurred and the amount of dollars that were charged in those vacations, so we have a clear frame of reference on the precedence.' City Manager Nyberg addressed the Council informing them of the shortage of staff in the Public Works Department and the extremely heavy workload at this time, He asked Council to work City Council Regular Meeting Minutes - 4/16/96 Page 6 of 8 with the Land Use/Transportation Committee to put this item into the work plan for that committee. Mayor Priest stated the Council would defer to the members of that committee in terms of the issues involved to determine whether this is a priority versus other issues on their work plan. Councilmember Gintz suggested a U. of W. Urban Planning class who could actually put a draft ordinance together in the Spring quarter which might undertake the issue, do research and then get back to the Council. Councilmember Gates stated there was not a lot of advanced notice on this issue and we've never had a full hearing either. We've only heard from those who want gated communities. We have not heard ftom people such as realtors and much of the public. b. Approval of Amf'.nclmf'.nt to C'ity Agrf'.f'.mf'.nt with Am"y" F.lf'r.tnc COUNCILMEMBER DOVEY MOVED FOR THE APPROVAL OF AMENDMENT TO THE CITY'S AGREEMENT WITH AMAYA ELECTRIC, IN THE AMOUNT OF $ 8,115.00 FOR ELECTRICAL MAINTENANCE AND SERVICES AND FOR THE CITY MANAGER SIGNING THE CONTRACT AS AMENDED; second by Deputy Mayor Elder, The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes c. Appointmf'.nt of P"rk~ & Rf'r.rf'Jltion C'ommi..ion Mf'.mhf'.r~ COUNCILMEMBER DOVEY MOVED TO APPOINT JERRY BOLLEN, KARL GROSCH AND BARBARA REID TO THE PARKS & RECREATION COMMISSION FOR A THREE- YEAR TERM EACH (FROM 5/1/96 TO 4/30/99). FURTHER HE MOVED TO APPOINT MARIAN BARTHOLOMEW AS FIRST ALTERNATE AND DINl DUCLOSE AS SECOND ALTERNATE WITH TERMS OF THE SAME LENGTH AS THE COMMISSIONERS; second by Council member Gates. The motion was based on interviews and deliberations held by the Council of Whole today. The motion to appoint the above-named persons carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Mayor Priest stated formal recognition for the new commissioners will be at the 5/21/96 Council Meeting for presentation of certificates of appointment. City Council Regular Meeting Minutes - 4/16/96 Page70f8 VIII. CITY MANAGER REPORT City Manager Nyberg stated the AWC Annual Conference dates are June 11-14, 1996 in the Tri- Cities. Deputy Mayor Elder expressed her desire to attend. There are three (3) votes allocated to the City. He encouraged other Councilmembers to contact his office if they would like to attend the conference. Interviews for the Lieutenant have been completed for 44 applicants, The quality of the applicants was "uniformly excellent." The process for Deputy Chiefs is being completed at this time and beginning this Saturday, written interviews for Police Officers will take place, There are 115 applicants for the position for the position of Deputy Chief. A 90-minute executive session is necessary this evening, with action anticipated, IX. CITY COUNCIL REPORTS Councilmember Park reported the next PSHS Meeting is 4/25/96 at 4:30 p.m, Councilmember Watkins reported the next LUTC Meeting is 5/6/96 at 5:30 p.m, Councilmember Gintz reported the next Finance Meeting is 4/25/96 at 7:30 a.m, Councilmember Elder reported she attended SCATBrd this a,m. There will be a Transportation Meeting at the Regional Library regarding Highways and Funding on 5/10/96. She and Councilmember Park attended a Suburban Cities Meeting which included a Drug Court presentation and she was impressed with that. She reported the next Board of Health Meeting is 4/19/96. Councilmember Dovey reported the next Parks Meeting is 5/8/96 at 8:00 a,m. Councilmember Gates reported two (2) committees have had the legislative briefing spoken of at the last Council meeting. She thanked Dena Laurent for covering the project. She also reported the next RTA Meeting is 5-9 p.m" 4/24/96, at Auburn City Hall- Council Chambers, The next LUTC/Council Joint Meeting is 5/6/96 at 5:30 p.m. At 9:22 p.m., Mayor Priest recessed the Regular Meeting and Council left Chambers to begin Executive Session. X. EXECUTIVE SESSION Potential T itigation/P1]r.nant to RC'W 41 10 110 (i) Property Ac.qni.ition/Pnr.nant to RC'W 41 10 110(11) City Council Regular Meeting Minutes - 4/16/96 Page80f8 At 10:00 p.m., COUNCILMEMBER PRIEST MOVED TO SUSPEND THE RULES AND EXTEND BEYOND 10:00 P.M.; second by Councilmember Gintz. The motion carried as follows: Priest Gintz yes yes Elder Watkins yes yes Council members Gates, Dovey and Park were not present during the vote. At 10:55 p.m., 15 additional minutes were necessary. At 11:30 p.m., Mayor Priest adjourned the executive session and reconvened the regular meeting. COUNCILMEMBER PARK MOVED TO DIRECT THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH INTER CO-OP U. S. A, III, COVERING CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE NINTH AVENUE CENTER BUILDING, LOCATED AT 34008 9TH AVENUE S., FEDERAL WAY, WASHINGTON, WHICH LEASE SHALL PROVIDE FOR A LEASE TERM OF TWO (2) YEARS WITH A ONE (1) YEAR EXTENSION OPTION, RENT EQUAL TO $9.60 A SQUARE FOOT IN 1997, $10,20 PER SQUARE FOOT A MONTH IN 1998 AND $10.80 A SQUARE FOOT PER MONTH IN 1999, AND WHICH PREMISES SHALL BE UTILIZED AS THE CITY'S INITIAL POLICE DEPARTMENT; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes XI. ADJOURNMENT Having no other business to come before the Council, Mayor Priest adjourned the Regular Meeting of the Council at 11:30 p.m, H . Pd~~f l}¡¿b~ H. Robert Baker Deputy City Clerk