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Council MIN 09-17-1996 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall September 17, 1996 MINUrES 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 and Councilmembers Mary Gates, Phil Watkins, Jack Dovey, Michael Park and Ron Gintz. City staff present: City Manager Ken Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, City Clerk Chris Green and Deputy City Clerk Bob Baker. II. PLEDGE OF ALLEGIANCE Police Chief Ron Wood led the flag salute. ID. PRESENTATIONS a. SpTRIT Aw~rtl City Manager Ken Nyberg presented the September, 1996, SPIRIT Award to Ms. Karl Cimmer. Her nomination read, in part, "Karl deals with many people via phone/counter daily. Karl has filled in when asked without any hesitation. She strives to make the Building Department more efficient and promotes a teamwork atmosphere." She is responsible and professional. She is a "model employee" when it comes to a positive attitude. She is a "tremendous asset." b. King í'.ollnty Poli"e Aw~rr1. City Manager Ken Nyberg, with the assistance of Deputy Mayor Elder and Councilmember Park, presented Certificates of Appreciation to the King County Police Officers who have served the citizens of the City of Federal Way. Officers recognized included Lonnie Arnold; Bill Butterfield, Michael Gordon, Gary Jansen, Darren Hollowell, Jake Ziminski, Michael Starth, Craig Sarver, Jess Moriarty, Robin Clary and Captain Brent Beden was thanked for his contributions during the police department formation and transition. Those officers not present ORIGINAL CITY COUNCIL - MEETING MINUTES September 17, 1996 - Page 2 to accept their certificates include Jeff Dixson, Ralph Crenshaw, Sam Sprite, Eric Wolfe, Jeff Johnson and Mark Lamonie. IV. CITIZEN COMMENT John Keegan spoke in favor of the Land Use Committee hearing further alternatives before voting to approve consent agenda item (h) - Access Control Construction Project Bid Award. v. e. f. g. h. CONSENT AGENDA Minlltes/Sp,ptemher 1, 1996 Rp£Jll~r MpP.ting D~sh Pointe Fin~l plM Approv~llRe<olntlon No 96-2311 Hse of Rp,pl~"ement Reserves/Printer PllrC'.h~se T ...tecomers AgrpP.ment for Street Tmprovements So 1?4th St Reh~hi1it~tion í'.onstnlC'tion í'.ontrn"t AC'.C'.ept~nC'.e 1996 S;tlew~lk Rp,pI~C'ement Proje"t Rid Aw~rtl OlympiC'. View P~rk Strp...m Reh~h Ritl Aw~rtl A""ess í'.ontrol í'.onstm"tion Projpr.t Ritl Aw~r"/P1dl..d by W..tkln. a. b. c. d. COUNCILMEMBER GINTZ MOVED TO ADOPT CONSENT AGENDA ITEMS A, B, C, D, E, F AND G AS PRESENTED; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes ITEM H' Aí'.rFSS í'.ONTROT rONSTRHí'.TTON pROTEí'.T RID AWARD Department of Public Works Director Cary Roe answered questions posed by Councilmembers and rebutted statements made during Citizen Comment by Mr. Keegan. COUNCILMEMBER WATKINS MOVED APPROVAL OF ITEM H; second by Councilmember Gintz. The motion passed as follows: Priest Gates Gintz Dovey yes yes yes no Elder Watkins Park no yes yes Mayor Priest called a recess at 7:58 p.m. CITY COUNCIL - MEETING MINUTES September 17, 1996 - Page 3 VI. PUBLIC HEARING í'.ithen Tnpllt/Prelimin~ry 1997-9R í'.ity Rlltlget The meeting reconvened at 8:04 p.m. Mayor Priest opened the public hearing at 8:05 p.m. Mayor Priest read correspondence from Mrs. Pat Finch into the record. Jane Henderson spoke in opposition to cuts in Recreation programs for the special needs population. Betty Huff thanked the Council for their support of the Arts Commission and stated her belief in the Commissions ability to obtain grants and other funding sources for the proposed project at Visitation Retreat & Cultural Center. Harry Mills stated we are all making ajoumey through life. Some of us need help and some don't. He requested Council not cut special needs population programs. Patty Fitzpatrick spoke in favor of special population travelers and urged Council to keep budget dollars where they are and not to cut them. Management Services Director Iwen Wang reviewed the budget calendar with Council. Hearing from no one else, the public meeting was closed at 8:20 p.m. Vll. CITY COUNCIL BUSINESS a. Fr.onomk Development PI~n Discussion by and between Council revealed the need for one more meeting for approximately one hour for clarification of the plan. COUNCILMEMBER GINTZ MOVED APPROVAL OF THE ECONOMIC DEVELOPMENT PLAN WITH THE UNDERSTANDING COUNCIL WILL REVIEW SAME WITHIN 30 DAYS FOR FURTHER DISCUSSION; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes b. 1997 Dr~ft T p.gislMive Agf'nd~ Dena Laurent, Senior Management Assistant, conducted a brief review of materials presented to Council for this meeting and invited questions. After brief discussion, COUNCILMEMBER WATKINS MOVED TO AMEND THE LEGISLATIVE AGENDA TO INCLUDE LANGUAGE OPPOSING EROSION OF THE CITY PORTION OF THE CITY COUNCIL - MEETING MINUTES September 17, 1996 - Page 4 MOTOR VEHICLE EXCISE TAX; second by Councilmember Gates. The motion to amend carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes DEPUTY MAYOR ELDER MOVED TO APPROVE THE 1997 DRAFT LEGISLATIVE AGENDA WITH THE ABOVE-REFERENCED AMENDMENT; second by Councilmember Watkins. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes c. c.ontrn<'.t for Kent T~i1 ServiC'.es Chief Wood focused on the essential elements of the proposed interlocal agreement and provided Council with the results inherent to the signing of this agreement with the City of Kent. Discussion ensued between Council and Chief Wood. Council was receptive to the agreement and applauded Chief Wood for his efforts. COUNCILMEMBER PARK MOVED APPROVAL OF THE CONTRACT FOR KENT JAIL SERVICES WITH A MINOR MODIFICATION NECESSITATING 90 DAYS WRITTEN NOTICE TO TERMINATE THE CONTRACT VS. 60 DAYS; second by Deputy Mayor Elder. The motion carried as follows: Priest yes Elder yes Gates yes Watkins yes Gintz yes Park yes Dovey yes VIII. CITY MANAGER REPORT City Manager Nyberg reported the Police Department began their fmt phase of operation, street patrol, yesterday at 6:00 a.m. He reported the Mayor's Institute on Urban Design is set for September 24, 1996, from 11:00 a.m. to 3:00 p.m. CITY COUNCIL - MEETING MINUTES September 17, 1996 - Page 5 Finally, he announced the need for a :30 minute executive session this evening with action anticipated. IX. CITY COUNCIL REPORTS Councilmember Park advised the next Public Safety/Human Services Committee meeting is set on September 19, 1996, at 4:30 p.m. The third-quarter Korean Community Update meeting is set for September 24, 1996, at 6:30 p.m. and the next Jail Advisory Committee meeting is September 23, 1996. Council member Watkins reported the next Land Use Committee meeting is October 7, 1996, at 5:30 p.m. Council member Gintz reported the next Finance/Economic Development Committee meeting is September 26, 1996, at 7:30 a.m. Deputy Mayor Elder announced she attended à SCA TBrd meeting today and will distribute a written summary to Council. Further she announced a Joint Resolutions Committee meeting is set on September 18,1996, and she'll attend a Board of Health meeting on September 19,1996. Council member Dovey reported on the last Parks & Recreation Committee meeting wherein one topic was the master plan for Lakota Park. Jenny Schroder is to set up a meeting with the school board members to discuss the plan. Also, an update on Lake Grove Elementary school revealed permits are currently be reviewed for consideration. Councilmember Gates reported the Regional Transit Authority was endorsed by the Federal Way Chamber Board at its last meeting. Entities previously endorsing the RTA are Kent City Council and the Puyallup Fair Board. She also reported the Regional Transit Committee is embarking on a study relative to access transit. The first weekly fax from Suburban Cities was recently received. At their last meeting, Federal Way's viewpoints were noted as items they looked for were voted on and approved. A by-laws committee is being set up as a result of the audit. Members of that committee will be chosen by city size. Mayor Priest recessed the regular meeting and Council went into executive session at 9:02 p.m. x. EXECUfIVE SESSION a. Property A"qllisition/Pllrsll~nt to Rí'.W 4' 10 110(11) CITY COUNCIL - MEETING MINUTES September 17, 1996 - Page 6 At 9:40 p.m., Greg Fewins announced another :15 minutes were necessary. At 9:57 p.m., Council returned and COUNCILMEMBER WATKINS MOVED TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISITION OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE SW CAMPUS DRIVE AND 6TH A VENUE SW WIDENING AND TRAFFIC SIGNAL PROJECT, PURSUANT TO THE TERMS OF CERTAIN REAL PROPERTY PURCHASE AND SALE AGREEMENTS BETWEEN THE CITY, AS PURCHASER, AND CAMPUS HIGHLANDS HOMEOWNERS ASSOCIATION AND CAMPUS ESTATES HOMEOWNERS ASSOCIATION, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT THE INTERSECTION OF SW CAMPUS DRIVE AND 6TH A VENUE SW, FOR A PURCHASE PRICE OF $800.00 AND $1,400.00, RESPECTIVELY; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey b. yes yes yes yes Elder Watkins Park yes yes yes QII~si-Tlltlici~l/Smith Appe~1 DeliherHlion/Pllrsll~nt to Rí'.W 42 ,0 140(2) COUNCILMEMBER PARK MOVED APPROVAL TO REMAND THE MA TIER OF YONG RIP SMITH, FEDERAL WAY H. E. #96-13, TO HEARING EXAMINER TERENCE MCCARTHY AS SOON AS POSSIBLE FOR THE LIMITED PURPOSE OF RECEIVING INTO THE RECORD TESTIMONY THAT SPECIFICALLY REBUTS EVIDENCE INTRODUCED BY THE CITY OF FEDERAL WAY AT THE JULY 23, 1996 HEARING...AFTER CONSIDERATION OF SUCH REBUTTAL TESTIMONY, THE HEARING EXAMINER WILL EITHER UPHOLD HIS ORIGINAL FINDINGS OF FACT AND CONCLUSIONS OF LAW OR MODIFY THE SAME. THE CITY COUNCIL WILL THEN CONSIDER THE HEARING EXAMINER'S RECOMMENDATION WITHOUT THE CONSIDERATION OF ADDITIONAL TESTIMONY AND ISSUE THE CITY COUNCIL'S FINDINGS OF FACT AND CONCLUSION OF LAW. ANY FURTHER APPEALS WILL BE TO THE STATE'S SUPERIOR COURT; second by Councilmember Watkins. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes CITY COUNCIL - MEETING MINUTES September 17, 1996 - Page 7 c. Potenti~1 T itig~tion/Pllrsll~nt to Rí'.W 4' 410 11O(i) (?) No action taken. XI. ADJOURNMENT Having no other business to come before the Council, Mayor Priest adjourned the regular meeting at 10:00 p.m. ~::LJyi ~Á :LfubA -' H. Robert Baker Deputy City Clerk