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Council MIN 12-16-1997 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall December 16, 1997 - 7:00 p.m. MINUTES 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 Michael Park, Ron Gintz and Phil Watkins, Jack Dovey and Mary Gates. 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 Cub Scout Pack 361 led the flag salute. III. PRESENTATIONS a. Public Safetv DeDartment Recog¡¡jtionlNeighborhood Safetv Program Deputy Mayor Elder read a Certificate of Recognition presented to the Department of Public Safety. The Washington State Traffic Safety Commission has recognized the department with its "Creative Solutions" award for the Neighborhood Speed Watch Program. Chief Wood accepted the Certificate; and in turn, he recognized Lt. Andy Hwang and Community Resources Manager Brooke Owen. Chief Wood also recognized and expressed appreciation for the partnership efforts of those who volunteer on the Neighborhood Speed Watch Program. Lt. Hwang thanked the Council and the volunteers. He especially thanked Chief Wood for his leadership and vision. He noted the volunteers for the Speed Watch program have donated over 750 hours. b. Weverhaeuser - Soecial Presentation - Celebration Park Mayor Priest introduced Creigh Agnew, Vice President of Government Affairs and Corporate Contributions. He then asked Parks Commission member Laird Chambers and Celebration Park Funding Committee co-chairs Barbara Reid and Dini Duclos to come forward for a special presentation. Ms. Agnew announced the donation of $50,000.00 by the Weyerhaeuser Company toward the development of Celebration Park. She presented a check to Councilmember Dovey and remarked she was especially thankful for Celebration Park as she is a Federal Way resident and has children who will benefit ITom its use. ORr SINAL CITY COUNCil.. REGULAR MEETING MINUTES - DECEMBER 16, 1997 - PAGE 2 Councilmember Dovey then presented a plaque to Ms. Agnew recognizing the generous contribution ftom the Weyerhaeuser Corporation. IV. CITIZEN COMMENT Dietrick Jones thanked the Council for approving use of Fishers Bog property and sought volunteers to assist the Federal Way Historical Society. Martin Barnes spoke in opposition to the proposed Pacific Place Condominiums; King County Building Permit #B97C0270. This property is near the proposed area of annexation - Applewood. Harry Horan spoke of his general support of the nonconformance code amendments. He did, however, express concern relative to changes of use. He felt compliance will be next to impossible for some. Alison Corrigan spoke on the unallocated utility tax funds. The Chamber of Commerce, through Alison, expressed its appreciation for the investment in the downtown revitalization program. They are, however, concerned with the recent allocations to further fund the Knutzen Family Theatre and Celebration park. They have urged the Council to place the remaining unallocated funds into the downtown revitalization program. Dan Casey spoke extensively on the proposed nonconformance code amendments. Two areas of concern are the ftontage improvement section and the water quality section. He proposed his own changes to the code for Council's consideration. V. CONSENT AGENDA c. d. e. f. g. h. MinuteslDecember 2 1997 Regular Meeting & December 8 1997 Special Meeting VoucherlDecember 16 1997 Monthlv Financial Report/October 1997 Local Law Enforcement Block Grant Motor Vehicle Excise Tax Grant Communitv Development Block Grant Automated Fingerprint Identification Svstem Grant So. 336thlKitts Regional Storage Facilitv Repair/Final Acceptance Celebration ParklMemorandum of Understanding i. j. k. Councilmember Gates MOVED APPROVAL OF ALL CONSENT AGENDA ITEMS AS PRESENTED; second by Councilmember 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 - DECEMBER 16, 1997 - PAGE 3 VI. CITY COUNCIL BUSINESS Celebration Park Bid Award a. Councilmember Dovey MOVED APPROVAL TO AWARD THE CELEBRATION PARK CONSTRUCTION PROJECT TO STAN PALMER CONSTRUCTION, INC., THE APPARENT LOWEST RESPONSIVE RESPONSffiLE LOW BIDDER, FOR THE CONSTRUCTION OF EIGHT SPORTS FIELDS, NORTH ROAD, PARKING LOTS, TRAILS AND BRIDGES, WETLAND MITIGATION AND SITE WORK, 91H AVENUE IMPROVEMENTS FOR $6,721,146 INCLUDING SALES TAX, AND TO ADVANCE $320,000 OF THE UNALLOCATED UTILITY TAX FUNDS TO THE PROJECT; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes no yes b. American Janitorial Services Amendment Councilmember Gintz MOVED APPROVAL TO EXECUTE THE SECOND AMENDMENT TO THE JANITORIAL MAINTENANCE SERVICES AGREEMENT FOR AMERICAN JANITORIAL SERVICES; second by Councilmember Park. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes c. Kin¡¡ Conservation District!Resolution APPROVED RESOLUTION NO. 97-263 Councilmember Dovey MOVED APPROVAL TO ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE A PETITION FOR EXCLUSION OF THE CITY OF FEDERAL WAY FROM THE KING COUNTY CONSERVATION DISTRICT; second by Deputy Mayor Elder. Discussion ensued. CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 16, 1997 - PAGE 4 The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Councilmember Park MOVED APPROVAL TO ADD ITEM (d) - HUMAN SERVICES COMMISSION APPOINTMENT; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Mayor Priest MOVED APPROVAL TO ADD ITEM (e) - CITY MANAGER'S EVALUATION; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes d. Human Services Commission Aopointment Councilmember Park MOVED APPROVAL TO APPOINT CURRENT HUMAN SERVICES COMMISSION ALTERNATE DARREN PASCHKE TO FILL THE VACANCY CREATED WITH THE RESIGNATION OF TOSKA RODRIQUEZ; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes e. Citv Manager Evaluation Mayor Priest cited several awards and accomplishments of City Manager Nyberg over the last two years such as: -City Manager Award - Intergovernmental Coordination - 1996 CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 16, 1997 - PAGE 5 -City Manager Award - Excellence for Management - 1996 -City Manager Award - Excellence in Police Implementation - 1997 Councilmember Gintz MOVED APPROVAL TO AWARD CITY MANAGER NYBERG A ONE-TIME $7,800.00 PERFORMANCE PAYMENT FOR 1997; approximately 8% of his yearly salary. His base salary is to remain the same for 1998. The motion was seconded by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes VII. ORDINANCES a. Council Bill #181/Non-Conforming Code AmendmentslEnactment Ordinance/APPROVED ORDINANCE # 97-307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIllNGTON, AMENDING CHAP'IERS 16 AND 22 OF THE FEDERAL WAY CITY CODE, PERTAINING TO LAND USE AND ZONING, ADOPTING NEW DEFINITIONS, REVISING EXISTING NONCONFORMANCE PROVISIONS AND CONSOLIDATING THE REQUIREMENTS FOR PUBLIC IMPROVEMENTS INTO THE NONCONFORMANCE, ARTICLE IV OF CHAPTER 22. Deputy City Clerk Baker conducted second reading of the ordinance. COUNCILMEMBER WATKINS MOVED TO ADOPT THE ORDINANCE AS APPROVED AT THE LAND USE/TRANSPORT ATION COMMITTEE LEVEL; second by Councilmember Dovey. Discussion followed. Councilmember Gates moved to amend the main motion by AMENDING THE ORDINANCE TO INCLUDE PROPOSED CHANGES BY STAFF SUCH AS REFINEMENT OF TERM "STRUCTURAL DEVELOPMENT," INCLUSION OF GROSS FLOOR AREA WITHIN DEFINITION OF "REDEVELOPMENT" AND CORRESPONDING TRIGGER, INCLUSION OF "CHANGE OF USE INTRODUCING NEW POLLUTANTS" WITHIN "DEVELOPMENT," CLARIFICATION OF DEFINITION OF "CHANGE OF USE," PROVISION FOR INCREMENTAL CONSTRUCTION OF REQUIRED IMPROVEMENTS, INCLUSION OF REPLACEMENT OF STRUCTURE WITHIN "REDEVELOPMENT" DEFINITION AND USE OF MAPS, DATA OR WRITTEN POLICIES; second by Councilmember Gintz. Public Works Director Cary Roe gave an overview of the proposed revisions (by staff). He also paraphrased Mr. Casey's earlier comments and addressed concerns regarding the water quality thresh hold trigger. CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 16, 1997 - PAGE 6 Further discussion ensued. The motion to amend carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes The main motion, as amended carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes b. Council Bill #187/Civil Services Code AmendmentlIntroduction Ordinance AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY. WASHINGTON, RELATING TO CIVIL SERVICE AND PERSONNEL MANAGEMENT AND EXCLUDING FROM CIVIL SERVICE TIIE RANK OF POLICE COMMANDER. (AMENDS ORDINANCES 95-244 & 96-258) Deputy City Clerk Bob Baker read Council Bill #187. Deputy Mayor Elder moved APPROVAL TO FORWARD COUNCIL BILL #187 TO JANUARY 6,1998, FOR SECOND READINGÆNACTMENT; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes c. Council Bill #188/Subdivision Code AmendmentslIntroduction Ordinance AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 20 OF TIIE FEDERAL WAY SUBDIVISION CODE, ADOPTING SPECIFIC AMENDMENTS AND ADDING NEW REGULATIONS FOR CLUSTER SUBDIVISIONS. Deputy City Clerk Bob Baker read Council Bill #188. Deputy Mayor Elder moved APPROVAL TO FORWARD COUNCIL BILL #188 TO JANUARY 6, 1998, FOR SECOND READINGÆNACTMENT; second by Councilmember Dovey. CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 16, 1997 - PAGE 7 The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes VIII. CITY MANAGER REPORT Mr. Nyberg reported the next Council meeting is on January 6, 1998. The City will have no official Mayor or Deputy Mayor until that meeting. Should some urgent matter arise, the senior member on the Council, Mary Gates, will be contacted and asked to serve in a Mayoral capacity. Deputy City Manager Keightley is slated to be away fÌ'om City Hall until January 18, 1998. Finally, he noted Council Retreat is set for January 9 and 10, 1998. IX. CITY COUNCIL REPORTS Councilmember Gates reported the RTA budget passed last Thursday and noted the Federal Way Park & Ride is on "Fast Track" and we need to ensure our wishes for that project are in place. Other regional issues were briefly discussed. Councilmember Dovey reported a ground breaking/dedication ceremony at Celebration Park on Friday, December 19, 1997, at 12:00 p.m. Deputy Mayor Elder made no report. Councilmember Gintz made no report. Councilmember Watkins reported the Land Use!Transportation Committee was "disbanded" until such time as a new Chair would be appointed in January. Councilmember Park noted the next Public Safety/Human Services Committee regular meeting is tentatively scheduled for January 8, 1998. CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 16, 1997 - PAGE 8 x. ADJOURNMENT Having no other business to come before the Council, Mayor Priest adjourned the regular meeting at 8:25 p.m. Robert H. Baker Deputy City Clerk