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Council MIN 07-15-1997 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall July 15, 1997 - 7:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Priest opened the regular meeting of the Federal Way City Council at 7:00 p.m., in Council Chambers, City Hall, Federal Way, Washington. City Council present: Mayor Mahlon "Skip" Priest, Deputy Mayor Hope Elder; Councilmembers Michael Park, Mary Gates, Ron Gintz, Phil Watkins and Jack Dovey, City staff present: City Manager Ken Nyberg, City Attorney Londi Lindell and Deputy City Clerk Bob Baker. II. PLEDGE OF ALLEGIANCE Councilmember Gates led the flag salute. III. PRESENTATIONS a. Public Safety D¡:partment/Pacific Coast Ford Appreciation Police Chief Ron Wood presented a (plaque) Community Leadership Award to Scott Hogue, of Pacific Coast Ford, in recognition of their contribution of a 1998 Ford, Windstar, minivan. The van will be utilized by the police department and volunteers in connection with the Neighborhood Traffic Safety program. Lt. Andy Hwang presented Mr. Hogue with a video tape of the media attention received during the implementation of the program as well as various newspaper articles. Bob Piquette, a volunteer, stated the program is very positive and well-received. Mr. Hogue thanked the council and staff for the recognition and noted the significant impact he has seen on/in the community since the inception of our police department. Finally, Mayor Priest thanked Mr. Hogue and related the city is extremely appreciative and considers this a very big deal. b. Masons Lodie/UP With People Proclamation Deputy Mayor Elder read and proclaimed the week of August 4-10, 1997, as the international youth organization, "Up with People Week" in the City of Federal Way, and commended the participating corporations, firms, service organizations, media and individuals for their generous support and involvement in the project. During that week, people will participate in community ORIGINAL City Council Regular Meeting Minutes July 15, 1997 - Page 2 service projects throughout the south King County and northern Pierce County regions. The events are sponsored by the Freemasons of Washington. Senior Warden of the T. F. McElroy Lodge #302, William Smith, was present to accept the proclamation. Past Master John McKinley relayed tickets for an upcoming event are being sold. Event Coordinator Linda Robertson, gave an overview of the program and stated it was founded on the belief young people can and do make a difference in the world. c. Ethics Board Introductions Mayor Priest presented a Certificate of Appointment to Gary Hood, newly-appointed as alternate to the Ethics Board, for a term to expire on June 30, 2000. Dennis Greenlee, Jr., are-appointed commission member, was not present. His certificate will be mailed. IV. CITIZEN COMMENT Barbara Reid spoke regarding the model which was created as the proposed skate park in Federal Way. The model represents an area of 100 feet by 180 feet, which would be the largest skate park in King County. The park would be for beginners and advanced users and will be built to tournament quality to attract future tournaments in the region. Joann Piquette announced the civic theatre fund rasing campaign thermometer on Highway 99, marking financial donations toward the theater at Dumas Bay Centre, has greatly changed since the kick-off party on Saturday, July 12, when 35 people attended. The goal is $380,000.00. Various donors (23 thus far), including the Knutzen family, have contributed $271,550.00. Since the kick-off, $5,000.00 additional funds, have been promised. Renae Carson, Bene Dagan and Joey Kay spoke with great concern regarding the perceived, non- responsiveness to our Federal Way Police Officers when calling 911. These ladies, all living in the area of SW 349th Place, would like to see increased patrol in their neighborhood; not to mention further safety measures. They spoke higWy of the King County Police and noted when Federal Way Police Department took over, efforts in their area stopped. Mayor Priest asked Chief Wood to speak with the ladies before they left the building this evening. Diana Hicks spoke in support of improved lighting at Steel Lake Park. She stated there is much activity in the park after closing. She has heard gangs and gunshots after dark and noted there are "other" safety issues which could be improved by lighting the area. City Manager Nyberg was to take the name and telephone number of Ms. Hicks and contact her after the Council meeting. Mark Miloscia, Lakehaven Utility District Commissioner, was here to speak on his own. He stated these are his comments alone. He related that issues previously raised in the press and the community are being addressed. Where things had been "hidden in the past," they are now being City Council Regular Meeting Minutes July 15, 1997 - Page 3 handled by a hearing examiner or State Auditor. He noted the importance of the relationship between the Utility District and that of the City and asked that if any Councilmember had questions or concerns, they should bring them to his attention, and he would see to it, they are addressed. Attorney T. Daniel Heffernan spoke on behalf of his client, Mid Mountain Contractors; and stated written protests have been received stated Council should uphold the fairness of the bid procedures by following the written procedures ensuring the rights of appeal. Attorney John Cushman spoke on behalf of his client, Gary Merlino Construction. Mr. Cushman stated Merlino's has a good reputation with the City and believes his client submitted the lowest bid for the SW 336th Street Widening Project. He concurred with Mr. Heffernan's comments regarding the protest procedures. He stated taxpayers deserve the benefit of the lowest bid and the law requires it. Attorney Larry Barokas spoke on behalf of his client, RW Scott. He stated RW Scott should be awarded the contract. He stated the City Council is entitled to make a, "correct, intelligent award." He stated his client is in full compliance with the bid specifications and invitation to bid and followed each aspect of the bid process as set out. Donna Gurr spoke regarding the traffic speed volume explosion in Federal Way along 1st Way So. and especially the area near 1st and 332nd (near the Cove Apts.). She reminded Council that on June 23, 1997, 7 adult Canadian Geese were run over by an automobile. This accident, she said, should serve as a wake-up call for goose protection. She spoke in favor of crosswalks being repainted and maintained, posting oflarge goose crossing signs, decreased speed in that area and stronger penalties be enforced for offenders. She stated a human tragedy is sure to follow if action isn't taken now. City Manager Nyberg will have a staff member follow up with Ms. Gurr. v. LAKEHA YEN UTILITY DISTRICT (Added Item) Mayor Priest was appreciative of Commissioner Miloscia for coming over and commenting on some of the articles that have been in the paper concerning the Lakehaven Utility District and the City relationship with it. MAYOR PRIEST MOVED TO REFER THE MATTER OF "OUR RELATIONSHIP WITH LAKEHA YEN, TO THE LAND USE COMMITTEE FOR A FULL REVIEW;." second by Councilmember Dovey. Discussion ensued. City Council Regular Meeting Minutes July 15, 1997 - Page 4 Mayor Priest stated Council should elevate this dispute ITom beyond the current liaison committee and explore the issues that have been raised by Councilmembers and the press, given their serious nature. Councilmember Watkins noted this matter may be added to the August 18th meeting and also stated a letter went out in today's mail requesting permission of the Lakehaven Utility District Commissioners to allow former general manager Roger Brown to attend the meetings to lend his expertise and knowledge as the Council tries to answer the questions about the long term water supply. The motion to refer the matter to committee carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes VI. CONSENT AGENDA Minutes/July 1 1997 - ReiUlar Meetil'\¡ Minutes COUNCILMEMBER DOVEY MOVED APPROVAL OF THE JULY I MINUTES AS PRESENTED; 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. SW 336th St Widenin¡ Project (Z 1st St to 26th PI SW) Bid Award & Lakehaven Water Main Installation Interlocal City staff member Ken Miller made a presentation and informed council how the bid was organized. Questions and answers were exchanged between Council and Miller as well as comments being offered by City Attorney Lindell. Ms. Lindell addressed comments made earlier by the attorneys who spoke during citizen comment. City Council Regular Meeting Minutes July IS, 1997 - Page 5 Discussion points raised were estimates provided by the contractors and those which were estimated by the City's engineer. Councilmembers clarified which schedules were being utilized to arrive at or near the calculated costs. RW Scott was the lowest responsive bidder. COUNCILMEMBER WATKINS MOVED TO DELETE SCHEDULE 'c' FROM THE PROJECT; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes no yes Elder Watkins Park no yes yes COUNCILMEMBER WATKINS MOVED TO FIND THAT, PURSUANT TO SECTION 1-03 OF THE SPECIAL PROVISIONS OF THE BID DOCUMENTS, THE CITY HAS THE RIGHT TO DELETE ANY ONE OR MORE COMBINATION OF SCHEDULES FROM THE PROJECT AND THAT THE CITY HAS DELETED SCHEDULE C PRIOR TO ANY BID AWARD; AWARD SCHEDULES A, B, AND D TO R. W. SCOTT CONSTRUCTION CO., AS THE LOWEST, BALANCED, RESPONSIVE BID BY ARESPONSffiLE BIDDER IN THE AMOUNT OF $1,888,467.78; APPROVE A 10% CONSTRUCTION CONTINGENCY OF $188,846.78; AND $148,000.00 FOR CONSTRUCTION MANAGEMENT; AND FURTHER, TO REJECT THE BIDS OF GARY MERLINO CONSTRUCTION COMPANY, INC. AND MID-MOUNTAIN CONTRACTORS, INC. AS UNRESPONSIVE AND UNBALANCED AND FURTHER FIND THAT THESE BIDS ARE NOT THE LOWEST BID FOR SCHEDULES A, B AND D; APPROVE USING UP TO $83,250.98 OF SURFACE WATER MANAGEMENT FUNDS FOR THE POND RETROFIT AND FINALLY AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT; second by Councilmember Park. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes b. Militaty Rd So (So 284th to So 286tl¡) Street Widenini Project COUNCILMEMBER WATKINS MOVED APPROVAL TO AWARD THE CONSTRUCTION CONTRACT FOR THE PROJECT TO PIRETTA BROTHERS, INC., IN THE AMOUNT OF $289,064.30, A 10% CONTINGENCY IN THE AMOUNT OF $28,906.43; AND CONSTRUCTION MANAGEMENT OF $25,000.00 AND AUTHORIZING CITYMANAGER TO EXECUTE THE CONTRACT; second by Councilmember Park. City Council Regular Meeting Minutes July 15, 1997 - Page 6 The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes c. Mark Twain Sports Field Renovation Bid Award COUNCILMEMBER GINTZ MOVED APPROVAL TO AWARD THE 1997 CDBG MARK TWAIN FIELD RENOVATION TO BUCKLEY NURSERY IN THE AMOUNT OF $134,294.20; second by Councilmember Dovey. City Manager Nyberg relayed an accommodation for access is being worked out with the school district as earlier requested. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes VIII. INTRODUCTION ORDINANCE Council Bill #175/Domestic Violence Prosecution APPROVED ORDINANCE 97-297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING BY REFERENCE RCW 26.09.300, 26.26.138,26.44.063,26.44.067,26.50, AND 10.99 WHICH ESTABLISHES POLICIES AND PRACTICES IN THE TREATMENT OF CRIMES OCCURRING BETWEEN FAMILY OR HOUSEHOLD MEMBERS. Deputy City Clerk Bob Baker read the introduction ordinance. COUNCILMEMBER PARK MOVED TO SUSPEND THE COUNCIL RULES PROVIDING FOR A SECOND READING OF COUNCIL BILL NO. 175, AN ORDINANCE ADOPTING, BY REFERENCE, PORTIONS OF THE RCW WHICH ADDRESS DOMESTIC VIOLENCE; second by Deputy Mayor Elder. City Counell Regular Meeting Minutes July 15, 1997 - Page 7 The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes COUNCILMEMBER PARK MOVED TO ADOPT COUNCIL BILL NO. 175 AS PRESENTED; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes IX. CITY MANAGER REPORT City Manager Nyberg announced an executive session is necessary, with action anticipated. Mr. Nyberg also announced that some of the things he heard during citizen comment did not make sense and he would check into those items. X. CITY COUNCIL REPORTS Councilmember Park announced the next Public Safety/Human Services Committee meeting is August 7, 1997, at 5:30 p.m. Councilmember Watkins announced the next Land UselTransportation Committee meeting is August 18, 1997, at 5:30 p.m. Councilmember Gintz announced the July, Finance!Economic Development Committee meeting has been canceled. The next meeting is August 28, 1997, at 7:30 a.m. Deputy Mayor Elder announced her attendance at a SCATBd meeting today. She stated their is a concern with the availability ofISTEA funding. She also announced that former Executive Director to the ACC, Ken Reid, has accepted a Public Works Director position with the City of Arlington. Councilmember Dovey noted that at the recent Parks & Recreation Committee meeting, a sought- after skateboard park was discussed with the design being proposed. He also announced an City Council Regular Meeting Minutes July 15, 1997 - Page 8 account has now been set up to receive donations for the skateboard park. Councilmember Gates announced she would chair her first Suburban Cities Board of Directors meeting tomorrow night. She also relayed the RTA is working on its second 6-month budget and it should be finalized by July 24, 1997. XI. EXECUTIVE SESSION a. b. Pendin¡ Liti¡ation!Pursuant to RCW 42 30 11O(1)(j) Property ACQ lisition/Pursuant to RCW 4230 110(1)(þ) Mayor Priest recessed the regular meeting at 8:56 p.m. to begin executive session. At 9:15 p.m., Mayor Priest reconvened the regular meeting. The following action was taken. 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 TRAFFIC SIGNAL AND STREET WIDENING PROJECT AT 21ST AVENUE SW AND SW DASH POINT ROAD, PURSUANT TO THE TERMS OF A CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT DATED JULY 9, 1997, BETWEEN THE CITY, AS PURCHASER, AND WAYSIDE UNITED CHURCH OF CHRIST, AS SELLER, COVERING CERTAIN REAL PROPERLY LOCATED AT 2000 DASH POINT ROAD SW, FEDERAL WAY, WASHINGTON FOR A PURCHASE PRICE OF $7,892.00; second by Councilmember Gintz. The motion carried as follows: Priest yes Elder yes Gates yes Watkins yes Gintz yes Park yes Dovey yes XI. ADJOURNMENT Having no other business to come before the Council, Mayor Priest adjourned the meeting at 9:16 p.m. ~bvut I--l. t?íL6rL Robert H. Baker Deputy City Clerk