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Council MIN 10-07-1997 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall October 7, 1997 - 7:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Priest opened the regular meeting of the Federal Way City Council at 7:04 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 Laird Chambers led the flag salute. III. PRESENTATIONS a. SPIRIT Award for Month of October City Manager Nyberg announced Betty Cruz as the October SPIRIT Award winner. He read fÌ"om her nomination which read, in part, as follows: "Betty...was hired to lead a team of college interns with a sign inventory. She has been responsible for measuring, photographing, logging, registering, labeling and computerizing 2,370 signs. Over 4000 illegal signs have been removed fÌ"om public rights of way and private property. With the public contact necessary, Betty has endured physical threats, irate and impatient people. Through it all, Betty maintains her sense of purpose, integrity and humor. Her efforts help create results contained in the Council's vision ofa cleaner looking City." Ms. Cruz thanked Deputy Community Development Director Kathy McClung and City staff for their continued efforts and ongoing support. b. Crime Prevention Month 1997 Proclamation Deputy Mayor Elder read fÌ"om and proclaimed October, 1997, as CRIME PREVENTION MONTH in the City of Federal Way and urged all citizens, governmental agencies, public and private institutions and businesses to recognize the power of prevention by working together. The proclamation was presented to Federal Way Police Office Bob Schubert. ORIGINAL CITY COUNCIL MEETING MINUTES October 7, 1997 - Page 2 c. Public Safety D€:partment/Citizen Commendation Award Police Chief Ron Wood presented a Community Policing Partnership Award to Mr. David A. Blaurock. Mr. Blaurock assisted the Police by recognizing a vehicle and the driver thereof as being a suspect in the recent abduction of an area-youth. Mr. Blaurock's willingness as a concerned citizen to provide information led to the apprehension and detention of the suspect being sought by police. d. Youth Commission Introductions Councilmember Dovey, with the assistance of Recreation Manager Kurt Reuter, presented Certificates of Appointment to Jennifer Acayan, Angela Ou and Bryon Mengie for one year terms; Jared Malone, Kevin Jones, David Pearson and Sue Park for two year terms; and Jennifer Graves, Scott Crisostomo and Meghan McKeough as alternates to the Youth Commission. Those not present were Naazneen Siddiqui and Ryan Mansfield. Returning commissioners present and recognized included Anika Andrews, Lee Murphy and Jenny Roloff. IV. CITIZEN COMMENT Lakehaven Utility District Commissioner Dick Mayer stated his comments were not formally confirmed by his fellow commissioners, but he believed they reflected a consensus of opinion. He stated they, as commissioners, must regard the interests of the ratepayers over all else in their decision making. He asked the Council to be understanding of this "constraint." He stated his belief that Council wants a takeover for the District's alleged inability to secure long term water supply deals and their supposed deferral of necessary system maintenance. He spoke of a brighter note --the hiring of Don Perry, new General Manager. He assured Council the management of the District is in very capable hands. He spoke of misplaced trust and the desire for a "less antagonistic" approach to serve all concerned. Finally, he proposed a jointly established ballot measure asking voters of their preference in the takeover of the District. He stated the Commissioners adopted a resolution declaring they would unequivocally accept the wishes of the ratepayers on that very issue. Bill Linehan spoke regarding his primary interest as Lakehaven Utility District's money not being used as a community purse. He would hate to see it "squandered" by the Council's egos. He states issues are being resolved where he and the Council had been critical of the Commissioners. He suggested letting the public be heard and abiding by their wishes on the possible assumption. Mrs. Paden's comments were read into the record. Her statement, in part, read as follows, "...as the finance committee is meeting to develope [sic] the upcoming budget. The Wedgewood Neighborhood Park will see it's way to completion. The process of developing this park started over 3 years ago as 8 retention ponds in the city were studied as potential neighborhood parks. This area was a park once before and we would like to see its completion back to the park it once was. CITY COUNCIL MEETING MINUTES October 7,1997 - Page 3 Robin McVicker's comments were read into the record. An invitation was extended to all for the 50's 60's dance, on Saturday, November 1, 1997. Admission is $8.00 A social hour, dinner, music and games are scheduled with monies being used to help fund the Federal Way Skate Park. Joann Piquette reported on the Knutsen Family Theatre. To date, $295,211.75 has been raised. Over 4,000 brochures have been mailed while presentations are continuously being made. Bob Green spoke regarding the downtown program. He thanked the Council for their continued efforts regarding the agreement for this item and is anxious to see it enacted so as to move ahead with the project. v. CONSENT AGENDA a. b. c. d. Minutes/September 16 1997 Regular Meeting Voucher/October 7 1997 Monthly Financial Report! August 1997 Min NamIHolid!\)' Spa Appeal Order Celebration Park Authorization to Publicly Bid Civic Theatre Public Art e. f. Councilmember Watkins pulled item V(e). COUNCILMEMBER GATES MOVED ADOPTION OF CONSENT AGENDA ITEMS A, B, C, D & F; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Item V(e): Celebration Park Authorization to Publicly Bid Councilmember Watkins pulled this item and stated he was unable to support this project. Hearing no other discussion, Mayor Priest took a vote on the motion which carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes no yes CITY COUNCil. MEETING MINUTES October 7,1997 - Page 4 VI. CITY COUNCIL BUSINESS a. Planning Commission Appointments Councilmember Watkins announced interviews were held earlier this evening and MOVED TO APPOINT KAREN KIRKPATRICK AS COMMISSIONER and APPOINT WILLIAM DRAKE AS ALTERNATE TO THE PLANNING COMMISSION; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes b. Legislative Agenda Councilmember Gintz MOVED APPROVAL OF THE LEGISLATIVE AGENDA AS PRESENTED; second by Deputy Mayor Elder. Councilmember Watkins MOVED TO AMEND THE POSITION PAPER, PAGE 8, TO SUBSTITUTE THE FOLLOWING SENTENCE FOR THE FIRST SENTENCE IN THE SECTION IllGH CRIME LAW ENFORCEMENT GRANTS - "The City supports efforts to make grants available to cities with significant high crime rates last over a multi-year period, such as 5 years." AND TO FURTHER AMEND THE POSITION PAPER, PAGE 10, BY INSERTING "SEA- T AC INTERNATIONAL" BEFORE THE WORD "AIRPORT' IN THE FIRST SENTENCE IN THE SECTION "AIR TRANSPORTATION." Second by Deputy Mayor Elder. The motion to amend carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes The main motion to adopt the legislative, as amended, carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes CITY COUNCIL MEETING MINUTES October 7,1997 - Page 5 c. Skate Park Councilmember Dovey stated the Youth Commission and Parks & Recreation Commission have done much work to prepare for the skate park. He knows support exists to do the study and planning for same. After visiting different skate parks around our state and Oregon, Deputy Mayor Elder has changed her mind about Steel Lake being the appropriate site for the skate park. She was originally opposed to the site; but now withdraws her opposition. COUNCILMEMBER DOVEY MOVED TO FUND THE STUDY AND CREATE THE SKATE PARK MASTER PLAN AND RECOMMEND APPROVAL OF STEEL LAKE PARK ANNEX AS THE FUTURE SITE FOR THE SKATE PARK; second by Councilmember Gintz. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Councilmember Gintz spoke in hopes the sidewalk is extended ITom 312th down to 323rd for kids with skateboards and roller blades who have no other form of transportation; thus, making the skateboard park accessible. d. Downtown Revitalization Pro¡¡:ram Deputy City Manager Keightley provided a staff presentation; gave an overview of the program work done to date and clarified the steps left to be taken as they are known. COUNCILMEMBER GINTZ MOVED ACCEPTANCE OF EXHIBIT 'D' - IMAGE & DOWNTOWN REVITALIZATION PROGRAM; second by Councilmember Dovey. Considerable discussion took place regarding the motion. Councilmember Watkins MOVED TO AMEND THE CITY/CHAMBER AGREEMENT, SECTION 1 (pAGE C2) AS FOLLOWS: "Further, the Economic Development Executive will provide the following Downtown Revitalization Program deliverables to the City Council and the Chamber of Commerce Board as follows: CITY COUNCIL MEETING MINUTES October 7,1997 - Page 6 2.1 Scope of Work: Submit for review and approval a scope of work for the Downtown Revitalization Program with clearly defined deliverables/products and delivery schedule by February 1, 1998. 2.2 Marketing Plan. Complete and submit a working plan by March 1, 1998. 2.3 Sign Compliance Incentive Plan. Submit a sign compliance incentive program by July 1, 1998." The motion to amend was second by Mayor Priest for discussion purposes only. Discnssion ensued. The motion to amend carried as follows: Priest Gates Gintz Dovey no yes yes yes Elder Watkins Park yes yes yes The main motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes e. Change ofRelP.dar Meeting Date After brief discnssion, COUNCILMEMBER GINTZ MOVED TO SUSPEND COUNCIL RULES AND RESCHEDULE THE NOVEMBER 4 CITY COUNCIL MEETING TO NOVEMBER 5, 1997; 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. INTRODUCTION ORDINANCES a. Council Bill #179/Gambling Tax Code Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 14, SECTION 14-143 CITY COUNCIL MEETING MINUTES October 7,1997 - Page 7 REGARDING THE MAXIMUM LIMIT OF THE COST OF PUNCH BOARDS AND PULL-TABS, AND SECTION 14-144 REGARDING THE TAX RATE OF PUNCH BOARDS AND PULL-TABS (AMENDS ORDINANCES 90-15, 90-44 AND 96-279). Deputy City Clerk Bob Baker read Council Bill # 179 as presented. COUNCILMEMBER DOVEY MOVED TO FORWARD COUNCIL BILL #179 TO THE OCTOBER 21 REGULAR MEETING AGENDA FOR SECOND READINGÆNACTMENT; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes b. Council Bill #180/Lakehaven Utility District Assumption AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AND PROVIDING FOR THE ASSUMPTION OF JURISDICTION OF THE ASSETS, FACILITIES AND OPERATIONS OF LAKEHAVEN UTILITY DISTRICT, A MUNICIPAL CORPORATION, PROVIDING FOR THE FUTURE CREATION OF A WATER AND SEWER UTILITY BOARD AND PROVIDING THAT NO WATER OR SEWER UTILITY TAX SHALL BE IMPOSED ON NON-CITY RESIDENTS, TO THE EXTENT AUTHORIZED BY LAW, AND THAT NO WATER OR SEWER UTILITY TAX SHALL BE IMPOSED ON CITY RESIDENTS WITHOUT A MAJORITY VOTE OF SUCH RESIDENTS, TO THE EXTENT AUTHORIZE BYLAw. Deputy City Clerk Bob Baker read Council Bill # 180 as presented. COUNCILMEMBER DOVEY MOVED TO FORWARD COUNCIL BILL # 180 TO THE OCTOBER 21 REGULAR MEETING AGENDA FOR SECOND READING/ENACTMENT; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes no yes CITY COUNCIL MEETING MINUTES October 7, 1997 - Page 8 VIII. CITY MANAGER REPORT Mr. Nyberg reported an open house at the Department of Public Safety on October 16, 1997, ITom 2:00 p.m. - 7:00 p.m., which will mark the first anniversary of the Federal Way Police Department. Mr. Nyberg announced his pleasure with Management Services Director Iwen Wang and her staff for receiving the Government Finance Officers Association Distinguished Budget Presentation Award for the fiscal year beginning January 1, 1997. He further announced this is the 7th year for Ms. Wang's department to receive this award. IX. CITY COUNCIL REPORTS Councilmember Park announced the next Public Safety/Human Services Committee meeting is November 6, 1997. Councilmember Watkins announced the next Land UselTransportation Committee meeting is October 20, 1997. Councilmember Gintz announced the next FinanceÆconomic Development Committee meeting is October 23, 1997. Deputy Mayor Elder spoke of a recent ACC/CASE joint meeting with 250+ in attendance. She also reported the airport is buying homes; but has no financing for the 3rd runway. Councilmember Dovey announced the next Parks & Recreation Commission meeting is October 13, 1997. Councilmember Gates thanked the Council for adopting the legislative agenda. It will be cleaned up and forwarded to the Suburban Cities Association meeting tomorrow and used in conjunction with 35 other cities to create a total legislative agenda to be presented in Olympia. Mayor Priest recessed the regular meeting at 8:52 p.m. to begin executive session. X. EXECUTIVE SESSION Property AcQJ.Iisition/Pursuant to RCW 42 30 110(1)(Þ.) At 9:00 p.m. Council returned to Chambers and Mayor Priest reconvened the regular meeting. CITY COUNCIL MEETING MINUTES October 7,1997 - Page 9 Councilmember Watkins MOVED APPROVAL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISmON OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE STREET WIDENING PROJECT AT SO. 312TH STREET, EAST OF IDGHWAY 99, PURSUANT TO THE TERMS OF A CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT DATED JULY 15, 1997, BETWEEN THE CITY, AS PURCHASER, AND V ALGENE R POWER AND PATRICIA G. POWER, HUSBAND AND WIFE, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 1640 SO. 312TH STREET, FEDERAL WAY, WASHINGTON, FOR A PURCHASE PRICE OF $9,200.00; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Councilmember Watkins MOVED APPROVAL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISmON OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE STREET WIDENING PROJECT AT SO. 312TH STREET, EAST OF IDGHWAY 99, PURSUANT TO THE TERMS OF A CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT DATED AUGUST 6, 1997, BETWEEN THE CITY, AS PURCHASER, AND THE KOREAN SAN SUNG PRESBYTERIAN CHURCH, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 1627 SO. 312TH STREET, FEDERAL WAY, WASHINGTON, FOR A PURCHASE PRICE OF $49,850.00; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Councilmember Watkins MOVED APPROVAL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISmON OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE STREET WIDENING PROJECT AT SO. 3I2TH STREET, EAST OF IDGHWAY 99, PURSUANT TO THE TERMS OF A CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT DATED AUGUST 28, 1997, BETWEEN THE CITY, AS PURCHASER, AND ESTHER ALLEN RUCINT ANGO, AS TRUSTEE UNDER THE WILL OF ALBINA YOUNGBERG, DECEASED, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 31055 - 22ND AVE. SO., FEDERAL WAY, WASHINGTON, FOR A PURCHASE PRICE OF $7,200.00; second by Councilmember Gates. The motion carried as follows: CITY COUNCIL MEETING MINUTES October 7, 1997 - Page 10 Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Councilmember Watkins MOVED APPROVAL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO PURCHASE AND CLOSE THE ACQUISITION OF CERTAIN REAL PROPERTY LISTED BELOW FOR THE PURPOSE OF FUTURE PUBLIC WORKS ROAD/ACCESS IMPROVEMENTS, FROM KING COUNTY, FOR THE PURCHASE PRICE OF $525.00, WHICH AMOUNTS ARE EQUAL TO THE AMOUNT KING COUNTY PAID IN A TAX FORFEITURE SALE 1. Parcel No. 272104-9232, (a 30-foot wide easement contiguous to French Lake's west boundary that extends into 2nd Ave. SW) 2. Tract B, Wedgewood West Division No.2, located north of SW 340th and east of Hoyt Road in the Wedgewood West Division No.2 The motion was second by Councilmember Gates and carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes Councilmember Dovey MOVED APPROVAL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO PURCHASE AND CLOSE THE ACQUISITION OF CERTAIN REAL PROPERTY LISTED BELOW AS OPEN SPACE, FROM KING COUNTY, FOR THE PURCHASE PRICE OF $725.00, WHICH AMOUNTS ARE EQUAL TO THE AMOUNT KING COUNTY PAID IN TAX FORFEITURE SALE. 1. Tracts A & B, Village Green No.1, located in the vicinity of 28th Ave, SWand SW 332nd PI., Federal Way, W A. The motion was second by Councilmember Gates and carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes yes yes CITY COUNCIL MEETING MINUTES October 7,1997 - Page 11 XI. ADJOURNMENT Having no other business to come before the Council, Mayor Priest adjourned the regular meeting at 9:05 p.m. )<,du}¡f H. mkuv Robert H. Baker Deputy City Clerk