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Council MIN 12-02-1997 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall December 2, 1997 - 7:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Priest opened the regular meeting of the Federal Way City Council at 7:07 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 City Manager Ken Nyberg led the flag salute. III. PRESENTATION a. SPIRIT AwardIMonth of December Congratulations go to co-winners Neil Doyle and Mac McConnell. City Manager Nyberg read fÌ"om their nomination form which, in part, read as follows: "These are stellar examples of quiet, consistent, high quality professional" workers. They helped develop the electrical inspection program; ensure timely review and function with excellent results. They are respectful, polite, proactive and offer solutions to contractors who are experiencing issues with the City code. Finally, they take responsibility; act professionally and have an excellent reputation in the development community. b. Police Officer Commendation Deputy Mayor Elder read from a Certificate of Commendation which was then presented to Lieutenant Ken Morgan for his quick thinking and heroic efforts after a November 9, automobile accident. While on patrol that day, Lt. Morgan noticed a car had run a red light and broadsided a mini-van. Lying on the floor of the mini-van was 9-year old Jordan Cloud. She was choking and tangled in a seat belt obstructing her airway. Lt. Morgan cut the belt with a pocket knife, saving Jordan's life. It's important to note Lt. Morgan was honored today at the American Red Cross Second Annual Heroes Breakfast in Seattle. Also important is the fact Lt. Morgan was the only officer recognized. Finally, City Manager Nyberg presented Lt. Morgan with a "discretionary" award -- a City pin with an additional pin of MERIT. ORIGINAL CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 2,1998 - PAGE 2 III. CITIZEN COMMENT Keith Dearborn, representing Dunn Lumber, asked questions regarding water quality in connection with the non-conforming code amendments. Mr. Roe was to respond to Mr. Dearborn's questions. Anjeanette Stokes spoke to the Council regarding their feelings about a proposed, mandatory bicycle helmet ordinance in King County. She is a Senior at Bellarmine doing a project on this subject. Donald Barovic presented a newspaper clipping fTom the Pacific County Press with a story entitled, Government Must Inevitablv Fail at Anvthinl!: It Undertakes. He spoke of his disappointment with Lakehaven commissioners who failed to show at a forum-type meeting at Coco's as well as the treatment of Mayor Skip Priest. He stated a vote of the people means nothing as it relates to the assumption issue and the Council cares about its citizenry. He has no faith in the utility district. Mike Carroll and neighbors Tony Colver, Charles Beck and Abraham Montobel addressed the Council with great disdain over one of their neighbors who has multiple junk cars in the fTont and back yard which is detracting fTom the look of the neighborhood. Rats have been seen in the fTont yard and other deplorable conditions exist at the residence. They seek whatever assistance is possible fTom City staff. Mary Ann AHmann spoke in favor of a 20' buffer requirement as it relates to the Wildwood Estates final plat approval. Tom Mosley spoke in favor of a 20' buffer requirement for Wildwood Estates. He stated it is advantageous to all parties involved. Laura Belvin spoke in favor of following the commission's recommendation to include the 20' buffer. Lots 1 - 4 will be wet in the winter and therefore no vegetation will be allowed to be planted. Barry Fisher spoke offorcing 7 future homeowners to conform to the setback which will be required for the Wildwood project. He stated it is unfair. He explained a fence was put in at considerable costs although it was not required. IV. CONSENT AGENDA a. b. c. d. MinuteslNovember 18.1997 - Re2l11ar Meetine: Minutes Final Acceptance of West Fork HvIebos Creek Rehabilitation Proiect Historical SocictvLease Agreement Dumas Bay Restroom Renovation Proiect AcceDtance Belmor Ree:ional Stonn Water Detention Pond Facilitv APPROVED RESOLUTION 97-260 e. CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 2,1997 - PAGE 3 f, Wildwood Estates Final Plat Approval APPROVED RESOLUTION 97-261 Council Bill #184/PSE Franchise g. Councilmember Watkins pulled item F. Councilmember Gintz pulled item G. Councilmember Watkins MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C, D & E AS PRESENTED; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Item F: Wildwood Estates Final Plat AvvrovallResolution Councilmember Watkins stated that pursuant to our City Code, requirement improvements must either be completed prior to final plat recording or the applicant will be required to post a performance bond to guarantee the construction of the improvements within one year of final plat approval. Thus, the City is guaranteed of completion of the improvements. Councilmember Gintz is in favor of a 20' buffer. Mayor Priest stated the buffer is fair. Councilmember Watkins MOVED TO ADOPT THE RESOLUTION OF THE FINAL PLAT OF WILDWOOD ESTATES WITH THE CONDITIONS SET FORTH THEREIN AND WITH THE FURTHER CONDITIONS SET FORTH AS RECOMMENDED IN A MEMORANDUM DATED NOVEMBER 29,1997, TO THE CITY COUNCIL FROM THE CITY'S SURFACE WATER MANAGER WHICH CONTAINS ADDITIONAL DRAINAGE REQUIREMENTS; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Item G: Council Bill #1 84/PSE Franchise It was noted this is a 10-year franchise agreement. Waiting a couple additional weeks is worth the wait to ensure the proper protection for the City. Ms. Lindell and PSE's attorney are continuing with contract discussions and language proposals. Councilmember Gintz MOVED TO POSTPONE THE SECOND READING AND ADOPTION OF THE PUGET SOUND ENERGY FRANCHISE ORDINANCE UNTIL SUCH TIME AS THE CITY ATTORNEY AND PUGET'S ATTORNEY HAVE REACHED AN AGREEMENT CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 2, 1997 - PAGE 4 REGARDING THE AMENDMENTS PREVIOUSLY REQUEST BY THE CITY COUNCIL; second by Councilmember Park. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes VI. ORDINANCES a. Council Bill #18 IlNon-Confonnin¡¡ Code Amendments/Enactment Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTERS 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. Council member Watkins MOVED APPROVAL TO POSTPONE SECOND READINGÆNACTMENT TO THE DECEMBER 16 REGULAR COUNCIL MEETING; second by Councilmember Gintz. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes Elder Watkins Park yes yes yes b. Council Bill #1 82/Mid-Biennial Bud¡¡et Amendment/Enactment Ordinance APPROVED ORDINANCE #97-304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGET AND FINANCE, REVISING THE 1997-98 BIENNIAL BUDGET (AMENDS ORDINANCE 96- 278 AND ORDINANCE 97-289 AND ORDINANCE 97-294). Deputy City Clerk Baker conducted second reading of the council bill and Councilmember Gintz MOVED APPROVAL OF COUNCIL BILL #182; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 2, 1997 - PAGE 5 c. Council Bill #1 83/ProDertv Tax Rate/Enactment Ordinance APPROVED ORDINANCE #97-305 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 1998. Deputy City Clerk conducted second reading of the council bill and Councilmember Dovey MOVED APPROVAL OF COUNCIL BILL #183; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes ADDED ITEMS Councilmember Dovey MOVED APPROVAL TO ELIMINATE SPORTS FIELD FEES IN THE AMOUNT OF $11,000.00 FROM THE ONE-TIME FUND BALANCE; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Councilmember Gintz MOVED APPROVAL TO ALLOCATE $13,680.00 AS PROPOSED 1998 ONE-TIME FUNDING FOR ADDITIONAL HUMAN SERVICES PROGRAMS/AGENCIES (The Joseph Foundation, WWEEA and KidREACH); second by Councilmember Dovey. Discussion ensued. Councilmember Gintz stated these dollars represent a modest addition of one- time monies for worthwhile causes to agencies which may be dealing with critical time fÌ"ames as it relates to contracting. He proposed $2,000.00 to The Joseph Foundation for Noyes Transitional Home; $5,000.00 to Washington Women's Employment & Education for a Computer Applications Program; and $6,680.00 to World Vision for the KidREACH program. Each of these programs, he stated, meets a specific Council Goal such as basic needs, self-sufficiency and collaboration & strong neighborhoods. Deputy Mayor Elder, Councilmember Park and Councilmember Watkins spoke against the motion. Councilmember Dovey MOVED TO AMEND THE MAIN MOTION BY REFERRING THE ITEM TO COMMITTEE (PUBLIC SAFETYIHUMAN SERVICES) FOR CONSIDERATION CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 2, 1997 - PAGE 6 RETURN WITH RECOMMENDATION(S) TO FULL COUNCIL; second by Deputy Mayor Elder. The amendment to the main motion 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 d. Council Bill # 185/Affordable Housing Code AmendmentlEnactment Ordinance APPROVED ORDINANCE #97-306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, REPEALING SPECIFIC PROVISIONS AND ADDING NEW REGULATIONS FOR THE INCLUSION OF AFFORDABLE HOUSING IN RESIDENTIAL DEVELOPMENTS. Deputy City Clerk Baker conducted second reading of the council bill and Councilmember Gintz MOVED APPROVAL OF COUNCIL BILL #185; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes VII. CITY COUNCIL BUSINESS a. Celebraiion Park Bid Award Councilmember Dovey MOVED TO POSTPONE THIS ITEM TO A DATE CERTAIN (DECEMBER 16) AND TO CALL A SPECIAL MEETING OF THE PARKS & RECREATION COUNCIL COMMITTEE ON DECEMBER 8,6:00 P.M.; second by Deputy Mayor Elder. CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 2, 1997 - PAGE 7 Discussion developed. Councilmember Dovey noted a City Council Special Meeting set for 5:30 p.m. to consider the Emergency Medical Services Levy item. Deputy Mayor Elder noted her disappointment with the fact the bid award was not being made this evening. Finally, it was noted the Ground Breaking Ceremony is currently scheduled for December 19, 1997. The motion to postpone carried as follows: Priest Gates Gintz Dovey yes yes yes Elder Watkins Park yes yes yes b. EMS LeVY Issues Mayor Priest noted Federal Way is one of five large cities which must vote in favor of placing this item on a February ballot for voters to consider emergency medical services in our area. He met today with others city managers and mayors. Four of the five cities were represented at said meeting to consider ideas and thoughts as they relate to task forces and members thereof to address this King County issue. He stated action should be taken and it should be taken sooner than later. Fire District #39 Administrator Jim Hamilton stated the proposed levy could be in effect for up to three years. The levy could go away in year two if an alternative funding source is found. No formal action was taken. VIII. CITY MANAGER REPORT Mr. Nyberg informed Council a request for interviews was being made with Dr. Michael Pendleton in connection with the upcoming retreat. He noted a : 10 minute executive session was necessary this evening. Finally, he reported his yearly evaluation is set for December 16, 1997, at 5:00 p.m. with the Council. IX. CITY COUNCIL REPORTS Councilmember Park noted the next Public Safety/Human Services Committee meeting is December 4. Councilmember Watkins noted there are no more Land Use!Transportation Committee meetings in December. He also noted Federal Way will be in the voting area on the issue of the Narrows Bridge Corridor. CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 2, 1997 - PAGE 8 Councilmember Gintz noted the next FinanceÆconomic Development Committee meeting is December 4. Councilmember Dovey noted the next Parks & Recreation Committee meeting is a special meeting on December 8, thus canceling the regularly scheduled meeting on the 15"', Councilmember Gates thanked individuals for their efforts on the EMS issue. She noted the RTA would soon be passing its first yearly budget. Mayor Priest recessed the regular meeting at 8:46 p.m. x. EXECUTIVE SESSION Property Acquisition/Pursuant to RCW 42.30.110(1)(b) Councilmember Watkins MOVED APPROVAL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISITION OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE STREET WIDENING PROJECT AT SO. 312TH STREET, EAST OF HIGHWAY 99, PURSUANT TO THE TERMS OF A CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT: (for each of the following eight (8) properties) DATED: AT THE ADDRESS OF: PARCEL# AMOUNT OF: November21,1997 1836 So. 312th 0060 $4,856.40 November 21, 1997 2236 So. 312th 0665 $3,500.00 November 21,1997 1840 So. 312th 0061 $7,500.00 November 21, 1997 2004 So. 312th 0621 $6,400.00 November 26, 1997 2200 Block of So. 312th 0660 $2,800.00 November 26,1997 2204 So. 312th 0651 $6,800.00 November 26, 1997 2016 So. 3 12th 0625 $5,200.00 November 26, 1997 1856 So. 3 12th 0062 $9,895.00 The motion was seconded by Councilmember Gates and carried as follows: Priest yes Elder yes Gates yes Watkins yes Gintz yes Park yes Dovey yes CITY COUNCIL REGULAR MEETING MINUTES - DECEMBER 2, 1997 - PAGE 9 XI. ADJOURNMENT Having no other business to come before the Council, Mayor Priest declared the meeting adjourned at 8:56 p.m. ~JH.&b.Jv Robert H. Baker Deputy City Clerk