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Council MIN 09-16-1997 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall September 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: 12 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 and Phil Watkins and Jack Dovey. 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. CITIZEN COMMENT King County Fire District #39 Adnùnistrator Jim Hamilton thanked the Council for their support of the EMS levy item. The item, resolved at the County level, will appear on the November, 1997, general election ballot. Janey Wescott spoke in support of the Neighborhood Traffic Safety Program Criteria Revisions. Steve Wescott, husband to Janey, spoke in favor of the proposed program revisions as well. Being in the neighborhood for 15 years, he has seen an increase in out-of-area-traffic and stated the area is an "accident waiting to happen." Ben Wehmeyer presented a petition in favor of speed bumps at 18th Ave. So., off288th, after the recent death of a 9-year old. He spoke out of concern for the safety of all children in the area. Shirley Johnson, neighbor to Mr. Wehmeyer, concurred with his comments. Virginia O'Bryan, another neighbor in the 18th Ave. So. area, spoke in favor of speed bumps. She's lived there 40+ years. She also stated the drivers' speed in her neighborhood is too high. ORIGINAL REGULAR CITY COUNCIL MEETING MINUTES - PAGE 2 Laurie Slaney, mother of a 14-year old boy with cerebral palsy, is in favor of speed bumps as they may slow drivers and allow her son enough time to "get across" the street while being in a wheelchair. Dorene Bodey, 3219 SW 338th, also spoke in favor of speed bumps as there are too many speeders in her neighborhood. She asked for assistance fÌ"om Council by approving the proposed revisions to the Neighborhood Traffic Safety Program criteria. (No sign-in sheet to speak.) Linda Kanesta, spoke in favor of the proposed speed bump changes and noted much of the traffic in the area to benefit fÌ"om the changes, is coming fÌ"om North East Tacoma residents. Anne Richards thanked Rick Perez for establishing the new criteria and urged Council to vote in favor of the proposed amendments/revisions. Joe Reece noted 35th Ave. SW is a busy street and spoke in favor of speed bumps. Jeannie VanVleet, Applewood Annexation representative, stated she received a verbal recommendation fÌ"om staff for RM3600 or RS 5000 zoning of the Applewood area and then received correspondence which spoke for RMI800 or RM 2400. For that reason, there may be no 60% petition for annexation. Therefore, pre-annexation zoning is sought, or she fears no- annexation support. City Staff was to further review this situation as it was referred back to the next City Council Land Use!Transportation regular meeting for consideration. IV. j. k. CONSENT AGENDA a. b. Minutes/September 2. 1997 - Relrular Meetim¡ Minutes Voucher/SeDtember 16 1997 MonthIv Financial ReDort/Julv 1997 Mirror Lake PlavlZround EauiDment Purchase So. 336thlKitts RelZionai StoralZe Facilitv SloDe ReDair Bid Award Final AcceDtance of 1996 AsDhalt Overlav Contract Dumas Bay Centre ParkinlZ Lot Bid Award Neighborhood Traffic Safety Program Criteria Revisions Civic Theatre Authorization to Publicly Bid Civic Theatre Public Art ReDlacement Reserve Policv c. d. e. f. g. h. i. Councilmember Gintz pulled item IV (h). Councilmember Watkins pulled item IV (i). COUNCILMEMBER DOVEY MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C, D, E, F, G, J and K; second by Councilmember Gates. The motion carried as follows: REGULAR CITY COUNCIL MEETING MINUTES - PAGE 3 Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Item IV (h): Neie:hborhood Traffic Safety Pro~ram Criteria Revisions Item pulled for a brief response ftom Councilmember Gintz to comments raised during citizen comment. COUNCILMEMBER PARK MOVED ADOPTION OF THE ITEM 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 IV (i): Civic Theatre Authorization to Publiclv Bid Item pulled for question and answer by Councilmember Watkins. COUNCILMEMBER GINTZ MOVED ADOPTION OF THE ITEM 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 v. PUBLIC HEARING Lakehaven Utilitv District Mayor Priest opened the public hearing at 7:53 p.m. to "consider the City's relationship with the Lakehaven Utility District" and to accept public comment on the issue. Mayor Priest thanked Mr. Atkin and his staff for spending a lot of time responding to questions raised by Council and staff. a. Staff Presentation Mr. Nyberg publicly acknowledged the coordination and the cooperation that the City has received ftom Lakehaven staff. It has been excellent. He also expressed his personal appreciation to Mr. Atkin for his work and the that of his staff. At that he introduced Mr. Keightley. REGULAR CITY COUNCIL MEETING MINUTES - PAGE 4 Mr. Keightley stated the staff presentation, to be brief in nature, would begin with Management Services Deputy Director Marie Mosley. Ms. Mosley spoke regarding the parity bond issue which was developed with the District's 1993 refunding bond issue. At that time, the language in the bond issue precluded a successor municipal corporation ITom issuing bonds on a parity basis with other District outstanding debt. Therefore, any bonds which are issued by successor municipal corporations would be junior taxing or in a junior lien position to the District's's outstanding debt. She relayed the District's's current, outstanding debt is $29 million. Public Works Director Cary Roe gave the Council information regarding discussions with the abutting jurisdictions as it related to water and sewer services. Each abutting jurisdiction he spoke with (Des Moines, Kent, Auburn and Tacoma) indicated a willingness to assist our City in getting information about services relating to assuming Lakehaven. The jurisdictions also indicated that should we assume Lakehaven, our ability to develop interlocal agreements would be mutually beneficial. City Attorney Londi Lindell provided a brief legal summary ofa possible consolidation of Lakehaven and the City. She stated the Boundary Review Board, hereinafter referred to as the BRB, will have jurisdiction to consider a possible merger of our respective entities. She stated her confidence with factors that do apply when the BRB is making its decision will be satisfied in the City's assumption action; such as the logical service areas will be continued if the City assumes the District. Ms. Lindell stated the Growth Management Act, hereinafter referred to as the GMA, states that cities are the units oflocal government most appropriate to provide urban governmental services. She relayed that any decision of the BRB must be consistent with the GMA and the county-wide planning policies. Finally, she said the law creating the BRB appears to support the consolidation of governmental entities due to the fact a section exists which prohibits the BRB ITom denying an action, unless one or more objectives are not met. Finally, Ms. Lindell fielded many questions ITom Councilmembers about a proposed ordinance, its content, setting this action in motion and the inability to bind future Councils. City Manager Nyberg made remarks which were a result of some discussions he had with Council and staff. He also supplemented his September II memo to Council regarding Lakehaven employees and their futures should the City and District merge. He stated the human factor in any organization is the most important factor, because without people and their commitment to serve, public service falters. REGULAR CITY COUNCIL MEETING MINUTES - PAGE 5 Mr. Nyberg has been reinforced in his belief employees of the District are "hard-working talented people who consistently do an excellent job of providing reliable water and sewer services to the Federal Way community." In times of emergency, he has been able to witness, firsthand, the skills and abilities of District employees and has a tremendous amount of respect for them. Regarding employment, should the merger be successful, Mr. Nyberg plans to offer employment to every full-time employee of the District who is engaged in the operation of District facilities as of the merger date. He stated the City is also committed to the retention of service credits under pension plans, sick leave and vacation pay. Finally, Mr. Nyberg stated that should the City and District be combined, he sincerely looks forward to a smooth merger, He believes the citizens stand to benefit a great deal fÌ'om the combined talents of the City and District employees working together within the same organization to provide outstanding municipal services to Federal Way residents. The Council asked questions of Mr. Nyberg relative to contract employees and the potential costs of litigation in this process which could take up to 4 \6 years for completion. At 8:40 p.m., Mayor Priest recessed the regular meeting for a brief recess. At 8:50 p.m., Mayor Priest reconvened the regular meeting. b. Citizen Comment General Manager Designate Gary Atkin spoke both as a ratepayer and as employee ofLakehaven. As a rate payer who has spoken with many of his neighbors, he has heard the service is fine. Waste water service is fine and "they really have no complaints." As an employee of Lake haven, he enjoys the relationship the District shares with abutting jurisdictions. He was pleased with Mr. Nyberg's remarks about District employees and the future with the City should the merger be successful. District Commissioner Mark Miloscia stated his appreciation for Mr. Atkin and that of District staff. He believes a new, positive level of collaboration has begun. He extended an invitation to everyone who may be interested in their processes, showing at their meetings and providing input. Mr. Miloscia stated a "hostile takeover," prior to the selection of a new general manager would "cause a lot of needless time, energy and money that is wasted." Further, it would distract the commissioners fÌ'om solving the real problems that both organizations have. A better option, he stated, is to involve the community, take good input and a long look at what is truly in the best interest of our community and act accordingly to those best interests. REGULAR CITY COUNCIL MEETING MINUTES - PAGE 6 Bev Tweddle, District Commissioner, stated the Utility District has done a good job of carrying out its mission in providing water and sewer service at affordable rates. This, she stated, is "what the ratepayers care about." Marketing of the District is what was lacking. She stated that Commissioners and Councilmembers are elected by the same citizens. She said it feels like we have one body of elected officials attempting to substitute its judgment for the other body. She urged the Council to let the electorate be heard tonight and on November 4. Further, she asked Council to consider conducting a vote by mail ballot issue asking what their governance preference is; understanding that it would not be binding, but clearly giving a feel for the interest of the ratepayers. Frank Comito spoke against the merger. He favors smaller, manageable government. He stated the commissioners of the District are accountable to the people and if the people don't like the way they are performing, or corruption exists, they don't have to be voted back into office. He suggested the appointment of an "overwatch" committee. Cecilia Ayers was present to express her "outrage at the suggestion that the City of Federal Way intends to take over the Lakehaven Utility." She believes the Council and City staff has "every intention to use the financial reserves of the Utility to secure public bonds," to fund special projects. She urged the Council to reconsider. Glenda Seles spoke against the Council voting to take over the Lakehaven Utility District. She hopes that with some "new faces" on the board of commissioners, positive changes will occur. She expressed concern the Council may raise utility taxes or put a tax on her water and sewer. Bill Linehan, a candidate for commissioner, suggested Council maintain their legitimate concerns, keep appropriate pressure where it needs to be and allow the process to continue as is. He asked Council to let the election process take place for new commissioners and let concerns of Council and staffbe "resolved through negotiation." Ken Glasby stated he is a candidate for commissioner, stated no matter what you call it, control of the Utility District, at this time, is wrong. He suggested Council wait until after the elections to do anything. Marie Adair stated she was present to "refute the City's claim that there is a widespread concern about utility management being out of control." She spoke highly of the efforts of District staff during last years winter weather events. She urged Commissioners to resist any takeover attempt, even ifit included a vigorous legal challenge. Mike Mcintosh stated his disappointment in much of the language he's heard; the language of takeover, hostility, and to challenge. He stated the issue tonight is what is good for the welfare of the citizens. He suggested there is far more support than has been verbalized tonight. He apologized for those not present to refute the incorrect motives being ascribed to the Council. REGULAR CITY COUNCIL MEETING MINUTES - PAGE 7 Peter Townsend stated he has been pretty satisfied with the level of service versus the costs that he's received £Tom the City. He said the takeover will succeed if it is a fiiendly one. He senses the atmosphere is "too hostile" right now and believes there should be a combined effort between the District and City. He would prefer it go forward, but not tonight. He thinks there "needs to be more information for everyone involved to see that this is much more ofa fiiendly takeover, if there's going to be one." c. Council Discussions Mr. Watkins stated his belief in Mr. Townsend's statement about slowing down a little bit. We still some questions which need answering. He is looking for solid ground on which to stand to make a wise decision. His intuition is that Council should take a little bit longer to examine this issue. Councilmember Dovey stated the issue is long-term water quality and planning; where we are headed and what's going to be better for the citizens in 20 years. He said it makes sense that control of the District is in the City. We need to move ahead and start the process. Mayor Priest stated his thought that the idea of passing the buck to a future council would be an abdication of the current Council's responsibility. It is time to make a decision based on the Councils' best judgment because they are legally and morally responsible to protect the interests of the citizens. MAYOR PRIEST MOVED TO SUSPEND RULES TO PROCEED BEYOND THE 10:00 O'CLOCK P.M. HOUR; 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 raised his concern with deferred maintenance and the amount of time necessary to replace pipes and rate increases to properly maintain and set aside for capital expenditure. He stated no South King County cities are served by an independent water and sewer agency. Mr. Gintz' hope is that the Council move forward to the Boundary Review Board and ask them if they can determine that the City is not in a position to run water and sewer. Further, he would like Lakehaven to be bound by that decision. MAYOR PRIEST MOVED TO DIRECT STAFF TO PRODUCE DOCUMENTS NECESSARY TO INITIATE THE PROCESS OF ASSUMPTION OF LAKEHA VEN UTILITY DISTRICT. INCLUDED WITH THE PETITION TO ASSUME WOULD BE THE FOLLOWING CONDITIONS: I) NO UTILITY TAX ON WATER/SEWER BILLS OF RATEPAYERS REGULAR CITY COUNCIL MEETING MINUTES - PAGE 8 OUTSIDE THE CITY; 2) NO TAXES ON WATER/SEWER BILLS OF CITY RESIDENTS WITHOUT A VOTE OF THE PEOPLE; 3) THE CITY IS TO CREATE A 9-MEMBER UTILITY COMMISSION (SIX CITY RESIDENTS AND 3 NON-CITY RATEP AYERS) ALLOWING FOR REPRESENTATION AND INPUT FROM ALL RATEP AYERS; second by Councilmember Dovey. Lengthy discussion ensued by and between Councilmembers. COUNCILMEMBER WATKINS MOVED TO AMEND THE MAIN MOTION TO MAKE THE GOING FORWARD WITH THE ASSUMPTION OF THE DISTRICT CONTINGENT UPON THOSE CONDITIONS BEING INCLUDED IN THE DECISION OF THE BOUNDARY REVIEW BOARD; second by Mayor Priest for discussion purposes only. Further discussion by and between Council occurred. Mayor Priest conducted a vote on the amendment to the motion. The amendment failed 2-5 as follows: Priest Gates Gintz Dovey yes no no no Elder Watkins Park no yes no Mayor Priest conducted a vote on the main motion. The main motion carried 6-1 as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes no yes A draft ordinance will be presented to Council at the October 7, 1997, regular meeting; with enactment most likely to occur on October 21, 1997. Council will abide by the decision of the Boundary Review Board and not file any appeals if the decision doesn't support the assumption. The City will work cooperatively with the State Auditor's Office that is currently undertaking a significant review of District operations, or any other State legislative authority that wishes to review their operations in a manner to improve the operation efficiencies of the District. The hearing on this issue was closed at 10:48 p.m. REGULAR CITY COUNCIL MEETING MINUTES - PAGE 9 VI. CITY COUNCIL BUSINESS a. Youth Commission Appointments COUNCILMEMBER PARK MOVED TO APPOINT JENNIFER ACA Y AN, NAAZNEEN SIDDIQUI, ANGELA OU AND BRYON MENGLE TO ONE YEAR TERMS; JARED MALONE, KEVIN JONES, DAVID PEARSON, RYAN MANSFIELD AND SUE PARK TO TWO YEAR TERMS AND JENNIFER GRAVES, SCOTT CRISOSTOMO AND MEGHAN MCKEOUGH AS ALTERNATES TO THE YOUTH COMMISSION; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes b. Downtown ImalZe Committee Recommendations COUNCILMEMBER GINTZ MOVED ADOPTION OF THE IMAGE & DOWNTOWN REVITALIZATION PROGRAM ELEMENTS AND COSTS; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes c. Council Bill #178/Telecomm. Code AmendmentslEnactment Ordinance APPROVED ORDINANCE #97-300 Councilmember Dovey recused himselfftom discussion and voting on this item. COUNCILMEMBER WATKINS MOVED ADOPTION OF THE ORDINANCE AS PRESENTED; second by Councilmember Gintz. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes recused Elder Watkins Park yes yes yes REGULAR CITY COUNCIL MEETING MINUTES - PAGE 10 d. Celebration Park Remediation Contract Bid Award COUNCILMEMBER DOVEY MOVED TO AWARD THE CELEBRATION PARK ENVIRONMENTAL CLEANUP AND RESTORATION PROJECT TO CECON CORPORATION, IN THE AMOUNT OF $156,927.00; second by Councilmember Gintz. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes no yes e. Citv Center Street Lighting Deshm This item was stricken from the agenda as it was referred to the City Council Land Use!Transportation Committee earlier in the week for further discussion and action. VII. LICENSE REVOCATION/APPEAL HEARING ADDeal from Hearing Examiner DecisionIHolidav Sea Mayor Priest opened the public hearing at 10:53 p.m. to consider the appeal by Min W. Nam in the revocation of the business license for bathhouse business Holiday Spa. Councilmember Gates excused herself from discussion and voting on this issue. Attorney Jim Short has done some legal work for her family in the past. Jim Short, counsel for Min W. Nam, appellant, presented arguments to the City Council. Bonnie Lindstrom, counsel for the City, as respondent, presented arguments to the City Council. Mr. Short responded to the remarks of Ms. Lindstrom and Ms. Lindstrom then made a rebuttal statement. Discussion ensued between the City Council and both attorneys. At 11 :30 p.m., Mayor Priest recessed the regular meeting for Council to deliberate their decision in executive session. At II :45 p.m., Mayor Priest reconvened the regular meeting. REGULAR CITY COUNCIL MEETING MINUTES - PAGE 11 COUNCILMEMBER WATKINS MOVED COUNCIL TO UPHOLD THE HEARING EXAMINERS DECISION REVOKING THE BUSINESS LICENSE OF HOLIDAY SPA AND TO DIRECT OUR LAW DEPARTMENT TO PREP ARE AN ORDER REGARDING SAME; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes recused yes yes Elder Watkins Park yes yes yes VIII. CITY MANAGER REPORT Item dispensed. IX. CITY COUNCIL REPORTS Item dispensed. X. EXECUTIVE SESSION a. b. ProDertv Acauisition/Pursuant to RCW 42.30. I 1O(b) Potential LitÏl!ation/Pursuant to RCW 42.30.110m Item stricken. XI. ADJOURNMENT Having no other business to come before the Council, the meeting was adjourned at 11:46 p.m. ~IJ ~ . Robert H. Baker Deputy City Clerk