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Council MIN 11-05-1997 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall November 5, 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 Packs 305 and 313 led the flag salute. III. PRESENTATIONS a. Scoutins for Food Proclamation Mayor Priest read tTom the proclamation and designated the week of November 8 - 15 as Washington State Scouting for Food Week. He encouraged all citizens to welcome the scouts and to donate generously to this major community "good-tum" This proclamation was received by Cub Scout Pack #313 Den Leader Karen Foster. b. Key Club Proclamation Mayor Priest read tTom the proclamation and declared the week of November 3 - 9 as 'Key Cub Week' and called upon the community to render support to the members and to become aware of the Key Club, whose members are preparing themselves to better, more responsible citizens as they provide meaningful service to our community. The proclamation was received by area school students Emi Hill, Nancy Lee and Angela Ou. c. GFOA Distinsuished Finance Award City Manager Nyberg presented the Government Finance Officers' Association (GFOA) Award of Distinction to Management Services Director Iwen Wang. This marks the 5th consecutive year our City has won this award. Congratulations to Iwen and her department staff. ORIGINAL CITY COUNCIL REGULAR MEETING MINUTES - PAGE 2 d. SPIRIT Award for November City Manager Nyberg presented the SPIRIT Award for the month of November to Police Detective Kyle Sumpter. His nomination form, in part, read as follows: Detective Sumpter works in the Investigations Division and is assigned to persons crimes. He is an excellent investigator and works very well independently and is highly regarded by his supervisors and peers. Working with victims of violent crime, the Department has received several commendations from victims advocates and victims, themselves, for his caring and concerned approach. He is a value to the Department and the community. IV. CITIZEN COMMENT Bob Peck, Exalted Ruler, Federal Way Elks and Ladies of the Elks representative presented a check to Deputy Mayor Hope Elder, in the amount of $63 5.50 towards the ongoing Skateboard Park project. Deputy Mayor Elder thanked Mr. Peck and several other present for caring about our kids. She said the money is great but the people make it even more worthwhile. Jim Hamilton informed Council the EMS levy appeared to be failing. He said this puts the District in a financial crisis as cnrrent EMS funding ends on December 31, 1997. There is no funding for EMS for 1998. An emergency meeting is scheduled for Friday, November 7, 1997, with County Executive Ron Simms to discnss the $700,000.00 which is represented each year for such services. H. David Kaplan spoke regarding the biennial budget and the staffing cuts made last year. He stated the current staff is hard-pressed to accomplish the same goals as when there was a full staff. He stated the Parks & Recreation staff is unable to keep up with all of the park maintenance, blueberry farm maintenance, etc. He said managers are doing clerical duties. All things culminated are bringing a negative effect to citizens who generally support the departments efforts. He spoke in favor of increasing the staff size in order to maintain our City's assets. Elaine Mansoor, General Manager of the SeaTac Mall, thanked the Council for agreeing to delete tenant improvements as part of the definition of redevelopment regarding water quality. Tenant improvements are considered normal maintenance. The previous language could have been detrimental for a shopping center to compete with neighboring jurisdictions. She looks forward to continued work with City staff. Bob Dahl, spoke regarding Federal Way City Code, Article 18, subsection "c," permit exemptions and asked the Council to consider changing the ordinance to allow blood drive signs (sandwich board style) to be permitted. He stated the blood drives are desperately needed for the community and serve our entire area. He remarked the fees are too high. The signs are only up for 6 - 8 hours a day and provide notice of same as well as directions to the site. He stated exempt civic groups holding blood drives simply should not have such stringent requirements and that portion of the code should be repealed. CITY COUNCIL REGULAR MEETING MINUTES - PAGE 3 Mike Carroll spoke out in need of assistance. He stated he has a neighbor which is violation of city and state codes by way of having junk vehicles, trash and rats in their yard. Mr. Carroll stated he has approached the Council before with a petition; as well as other city employees to help with this horrific situation to no avail. The City Attorney and City Manager noted the situation and will check into helping Mr. Carroll. Laura Blevin, a civil engineer, residing in the Wildwood Estates area, spoke of her concern regarding the drainage area possibly not meeting code as it doesn't appear to be performing according to plan. She asked the Council not to approve the final plat of Wildwood Estates until they have the opportunity to investigate her claims. She provided pictures in support of her position, showing high water lines on a fence in the area mentioned. Tom Mosley spoke against the final plat approval of Wildwood Estates. He stated the Council should maintain the original intent (King County's original intent) to maintain the area in question as a greenbelt area. Mary Ann Allmann presented a packet for the Council to review as she spoke against the final plat approval of the Wildwood Estates. She spoke of her disdain with perceived improprieties in past handling of this case. She recommended Council not grant final approval as they are not maintaining the original intent for this piece of property. Ronald Anderson spoke against final plat approval of Wildwood Estates. He stated if Council gave final plat approval, they should also consider City maintenance crews be responsible for maintaining the 20-foot buffered area. v. j. k. 1. m. CONSENT AGENDA a. b. c. d. Minutes/October 21 1997 - Regular Meeting Minutes Voucher/November 5 1997 Monthly Financial Report/September 1997 Council Bill #1 8 I/Non-Conforming Code Amendments Arts Commission 1998 Contracts for Services Recommendations Communication Services for Dumas B!\Y Centre & Knutzen Family Theatre Wildwood Estates Final Plat Approval/Resolution Grant Application for Riparian Habitat Grant Program /Resolution APPROVED RESOLUTION NO. 97-260 30% Design A'pproval/So 304th St & Military Rd Si¡¡:nal & Intersection Improvements 1998 Right-of-WI\Y Landscl\Pe Maintenance Contract Authorization to Rebid 1997 Sidewalk Rc:placement Project Change Order Appointments to Downtown Revitalization Oversight Committee SWM Emergen<;y Pump Purchase e. f. g. h. i. CITY COUNCIL REGULAR MEETING MINUTES - PAGE 4 Councilmember Dovey MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C, E, II, I, J, K, L & M; second by Councilmember Gintz. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes ITEM D: Council Bill #181/Non-Conforminr Code Amendments Councilmember Gintz pulled this item and MOVED TO POSTPONE THE SECOND READINGÆNACTMENT OF COUNCIL BILL #18I/NON-CONFORMING CODE AMENDMENTS TO NOVEMBER 18, 1997, AT THE CITY COUNCIL REGULAR MEETING; second by Councilmember Gates. Discussion ensued. At the first reading of Council Bill #181, a number of developers testified the proposed code amendments have not adequately addressed the issue of encouraging economic redevelopment of vacant space within the City. City staff is now preparing some amendments that will be introduced at the November 18, regular council meeting. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes ITEM F: Communication Services for Dumas Bay Centre & Knutzen Family Theatre Councilmember Watkins pulled item F and inquired as to the source of funding for this item. Parks & Recreation Director Jenny Schroeder explained the system was considered and included in the project costs. Councilmember Watkins MOVED APPROVAL TO PURCHASE THE PHONE SYSTEM UTILIZING THE T1 LINE AT THE COST OF $39,578.00. SAID COST INCLUDES INSTALLATION. YEARLY MAINTENANCE COSTS WILL BE SHARED BY THE RETREAT CENTRE AND THE CMC THEATRE BUDGETS; 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 REGULAR MEETING MINUTES - PAGE S ITEM G: Wildwood Estates Final Plat Approval Councilmember Watkins pulled Item G and stated the final plat had been before the Land Use!Transportation Committee recently. At which time, the Committee approved and recommended to the Council the elimination of a 20 foot landscape buffer at the east side of the property which was part of the original plat. The thinking at the recent Land Use meeting was-- there is no where else in the City which requires a 20' landscape buffer on a residential property adjoining a higher-density property. Since that meeting, Mr. Watkins has been reminded of the history of the property and stated that for whatever reason, there was to have been a buffer. The hearing examiner and the Council did originally approve the buffer. For those reasons he MOVED APPROVAL OF THE FINAL PLAT AS IT CAME TO THE LAND USE COMMITTEE, INCLUDING THE 20 FOOT LANDSCAPE BUFFER; second by Councilmember Gates. Discussion ensued. Mayor Priest asked the Councilmembers if they had ex parte communication on this issue. Councilmembers Gintz and Watkins announced they had. Mayor Priest then asked if there was any audience member who had objections to the fact that at least one member of the Council had ex part communication on this issue. Audience member Ronald Anderson announced his objection. City Attorney Lindell announced the only appropriate basis to require recusal ofa Councilmember would be whether or not the ex parte contact would make it impossible for that Councilmember to fairly evaluate the proposal and vote on it. Based on the objection by Mr. Anderson, the City Attorney asked Councilmembers Gintz and Watkins iftheir ex parte contacts/communications would interfere with their ability to evaluate the proposal and vote on it. Both answered in the negative. Additional discussion was had by and between Council regarding the issue of buffers. Mr. Gintz doesn't believe that requiring the 20 foot buffer serves any purpose whatsoever. Councilmember Gates supports the buffer. Councilmember Dovey had a question regarding the pictures provided earlier regarding the retention pond working successfully. Public Works Director Cary Roe announced his department had received correspondence ITom Ms. Blevin today. He, therefore, has not had time to evaluate the situation. He then asked Council to postpone consideration of this item any further until the November 18, 1997, regular City Council meeting. Councilmember Dovey MOVED TO CONSIDER FURTHER CONSIDERATION OF THIS MATTER UNTIL NOVEMBER 18; second by Councilmember Gates. CITY COUNCIL REGULAR MEETING MINUTES-PAGE 6 Councilmember Gintz requested the City Attorney review the documents provided earlier tonight by Ms. Allman if there is nothing problematic with reviewing this information. City Attorney Lindell will review the materials. However, it would be inappropriate to re-open an evaluation of the 1992 proceedings as there was no appeal from the City Council back then regarding the decision of the hearing. The motion to postpone the matter until the next regular city council meeting carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes VI. CITY MANAGER REPORT City Manager Nyberg reported he would attend the meeting with King County Executive Simms on Friday wherein the EMS Levy item will be discussed. He reminded Council of a biennial budget meeting scheduled for November 10,1997, at 5:00 p.m., in Council Chambers. Finally, he reminded those present of a City Hall closure on Tuesday, November I I, 1997, due to the observance of Veterans Day. VII. CITY COUNCIL REPORTS Councilmember Gates presented a handwritten report on the Regional Transit Authority. She reported the Regional Transportation Committee had passed on its recommendations to King County Council with a proposed reduction in overhead by 1% each year for 6 years. Finally, she reminded everyone the Suburban Cities Association General Membership meeting set for Wednesday, November 12, 1997, at Dumas Bay Centre. Councilmember Dovey reported the November 17 Parks & Recreation Committee meeting at 8:00 a.m.; as well as the November 8 BPA Trail Volunteer WorkDay beginning at 9:00 a.m. Deputy Mayor Elder announced the recent ribbon-cutting ceremony which took place at the Toys-R-Us store after new renovations. She was pleased to announce store management reported gracious and favorable working conditions with City staff. Councilmember Gintz reported the next FinanceÆconomic Development meeting was a joint NovemberlDecember meeting set on December 4, 1997, at 7:30 a.m. CITY COUNCIL REGULAR MEETING MINUTES - PAGE 7 Councilmember Watkins announced a special Land Use meeting set for November 13, 1997 and a regular Land Use meeting set for November 17, 1997. He then requested City Manager Nyberg identify potential dates for the January Council retreat. City Manager Nyberg then presented January 9 & 10 as tentative dates for the retreat. Councilmember Park announced a Public Safety/Human Services is set for Thursday, November 6, 1997. VIII. ADJOURNMENT Having no other business to come before the Council, Mayor Priest adjourned the meeting at 8:12p.m. Robert H. Baker Deputy City Clerk