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Council MIN 05-06-1997 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall May 6, 1997 - 7:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Priest opened the regular meeting of the Federal Way City Council at 7:08 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 Jack Dovey. Councilmember Phil Watkins' absence was excused. City staff present: City Manager Ken Nyberg, City Attorney Londi Lindell, City Clerk Chris Green and Deputy City Clerk Bob Baker. II. PLEDGE OF ALLEGIANCE Councilmember Park led the flag salute. III. PRESENTATIONS a. SPIRIT Award for Month of May City Manager Nyberg announced Lee Bailey as SPIRIT Award recipient for the month of May. Lee is recognized for his efforts in assisting a fellow employee train for a new position within the City. He gives fteely of his time and resources to this employee to ensure success in passing a stringent exam towards certification as a building inspector. b. National Police Memorial Week Proclamation Councilmember Park read ftom the proclamation which identifies May 11-17 as "Peace Officers Memorial Week" and May 15 as "Peace Officers Memorial Day." The proclamation also encourages community support and recognition of our City's Peace Officers and their dedication to the citizens. Police Officer Bob Schubert accepted the proclamation and thanked the council for the recognition and support. ORIGINAL City Council Regular Meeting Minutes May 6,1997 - Page 2 c. Municipal Clerks Week Proclamation Deputy Mayor Elder read ITOm the proclamation labeling the week of May 4-10 as "Municipal Clerks Week." The proclamation recognizes the profession of the municipal clerk and their role in government as well as attention to improving the administration of the office. Further, it recognizes the accomplishments of the office and extends appreciation to our city's municipal clerks for the vital services they perform. City Clerk Chris Green accepted the proclamation and thanked the Council for their continued support in and amongst the many challenges clerks face in delivering efficient and effective services. d. Arts Commission Introductions Councilmember Gintz distributed Certificates of Appointment to Pia Seeger, Nancy Cole, Rhonda Wilton, Marta Justus Foldi, Jeanne Burbidge and Bette Simpson. IV. CITIZEN COMMENT Federal Way resident Shirley Skager appealed to the City Council for any possible forms of support for the flood victims in North Dakota. She has called upon many Federal Way persons, businesses and entities for the same. She stated their suggestions, contributions and donations have been overwhelming. Tammi Finlay spoke in support of Ms. Skagers efforts and is assisting her however possible. Mayor Priest thanked the ladies for coming in and sharing their efforts with the Council. Larry Wilson spoke of his concern regarding potential "hazardous materials" underground at the site to be developed as Celebration Park. He distributed a related, old newspaper article written by Larry Nordberg. He relayed his strong feelings about this situation. Mayor Priest informed Mr. Wilson precautions are taken when considering a project of any size and stated a City staff person will contact him to ensure his concerns are addressed. V. CONSENT AGENDA a. b. c. d. Minutes/April 8 15 & 22 1997 - Special & ReiIJlar Meetinis Voucher/May 6 1997 Monthly Financial Rl:PortlMarch 1997 }!ylebos Creek Bridie Repair/So 373rd St Project Military Rd So/So 288th St to So 284th St/100% Desi¡p1 Approval & Bid Authorization Multi-Family Housini Recyclini Proifam Expansion Plan Contract Award for Recycling Enclosure Modifications at Multi-Family Housing Private Storm Water Draina¡¡e Facility Inspection Pro¡¡ram/Resolution APPROVED RESOLUTION 97-251 e. f g. h. City Council Regular Meeting Minutes May 6,1997 - Page 3 COUNCILMEMBERPARKMOVED TO ADD AN ITEM TO THE AGENDA (Authorization for Mayor to Write a Letter to the King County Board of Health in Support of Proposed Legislation Regulating the Placement of Billboards Advertising Tobacco Products); second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes no Elder Watkins Park yes absence excused yes Mayor Priest labeled the item Council Business Item A. Subsequently all previously labeled items are renumbered for purposes of minutes and keeping the record "clean." COUNCILMEMBER GINTZ MOVED APPROVAL OF ALL CONSENT AGENDA ITEMS AS PRESENTED; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes absence excused yes VI. CITY COUNCIL BUSINESS a. Authorization for M!\yOf to Write a Letter to the King County Board of Ikal1h (Added Item) Councilmember Park made a brief presentation and discussion ensued, Councilmember Dovey objected as this is a business issue. Councilmembers Gates, Gintz & Park spoke in favor of the correspondence. The letter would support the King County Board of Health in their adoption of a regulation prohibiting the location of billboards advertising tobacco products within 1,000 feet of school playgrounds, public playgrounds and playgrounds in public parks. COUNCILMEMBER PARK MOVED AUTHORIZATION FOR THE MAYOR TO WRITE A LETTER TO THE KING COUNTY BOARD OF HEALTH IN SUPPORT OF PROPOSED LEGISLATION REGULATING THE PLACEMENT OF BILLBOARDS ADVERTISING TOBACCO PRODUCTS; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes no Elder Watkins Park yes absence excused yes City Council Regular Meeting Minutes May 6, 1997 - Page 4 b. Parks & Recreation Commission Appointments (pREVIOUSLY ITEM A) Councilmember Dovey announced interviews were held earlier this evening at a Special City Council meeting and MOVED FOR RE-APPOINTMENT OF BOBBY ROACH, BOB KELLOGG, SR. & DEAN MCCOLGAN TO THE PARKS & RECREATIONS COMMISSION; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey Elder Watkins Park yes yes yes yes yes absence excused yes c. Federal Way Golf Park Concomitant A¡reement AmendmentIResolution (pREVIOUSLY ITEM B) City Manager Nyberg announced that due to illness of key City staff and the absence of the applicant in this matter, it could be pulled and considered at the May 20 regular City Council. This was the consensus of Council. d. 21st Ave SW @ SW 325th St Siillal Proiect!IOO% Desiill Approval & Bid Authorization (pREVIOUSLY ITEM C) SWDash Point Rd & 21st Ave SW Traffic Siillalll00% Desiill Approval & Bid Authorization (pREVIOUSLY ITEM D) SW 336th St ITom 21st Ave SW ImprovementsllOO% DesilPl Approval & Bid Authorization (PREVIOUSLY ITEM E) e. f. COUNCILMEMBER DOVEY MOVED APPROVAL OF ITEMS D, E & F; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey Elder Watkins Park yes absence excused yes yes yes yes yes g. Selectin¡ Votin¡ Deleiates for 1997 Awe Annual Business Meetini (pREVIOUSLY ITEM F) Mayor Priest addressed this issue and MOVED TO APPROVE COUNCILMEMBERS GATES, DOVEY AND WATKINS AS VOTING DELEGATES FOR THE 1997 AWC ANNUAL BUSINESS MEETING; second by Councilmember Dovey. The motion carried as follows: City Council Regular Meeting Minutes May 6, 1997 - Page 5 Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes absence excused yes VII. INTRODUCTION ORDINANCE Council Bill #173/Essential Public Facili~ Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, PERTAINING TO LAND USE AND ZONING, ADOPTING A NEW DEFINITION, REVIEW PROCEDURES, AND SITING CRITERIA FOR ESSENTIAL PUBLIC FACILITIES, AS REQUIRED BY THE GROWTH MANAGEMENT ACT, RCW 36.70, AND THE FEDERAL WAY COMPREHENSIVE PLAN. Deputy City Clerk Bob Baker read the introduction ordinance. COUNCILMEMBER GATES MOVED TO FORWARD COUNCIL BILL #173 TO THE MAY 20, 1997 AGENDA FOR ENACTMENT; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes absence excused yes VIII. CITY MANAGER REPORT City Manager Nyberg let Council know Ed Swan is able to receive and facilitate two (2) to three (3) per month in coordinating volunteer efforts in the community. Mr. Nyberg reDÙnded Council of a necessary executive session this evening slated to last approximately :30 minutes wherein LitigationlPursuant to RCW 42.30.110(1)(i) & Property AcquisitionlPursuant to RCW 42.30.I10(1)(b) will be discussed, with action anticipated. IX. CITY COUNCIL REPORTS Councilmember Park had no report. Councilmember Gintz announced the next FinancelEconoDÙc Development Committee meeting is City Council Regular Meeting Minutes May 6, 1997 - Page 6 May 22, at 7:30 p.m. Councilmember Elder had no report. Councilmember Dovey recognized and thanked Barbara Reid for her efforts in the "Walk on the Wild Side" seed planting and trail beautification efforts on the BPA & West Campus Trails last weekend. Barbara reported 381 people showed for the event. She thanked the Council for their support. Councilmember Gates reported on the Regional Transit Authority, Regional Transit Committee, Suburban Cities Association Charter Review Recommendations, the Legislative session and the Resolutions Committee. She asked that all suggestions for the Resolutions Committee be provided to her for inclusion at the next meeting. Mayor Priest announced the adoption of a resolution imposing a moratorium on the acceptance and issuance ofland use, building and development permits for commercial wireless telecommunications facilities, last night at a special City Council meeting. Mayor Priest recessed the regular meeting ofthe City Council at 8:00 p.m. to go into executive session. X. EXECUTIVE SESSION a. b. LitigationlPursuant to RCW 42.30. I 10(1)(i) Property AcquisitionlPursuant to RCW 42.30. 110(1)(b) At 8:30 p.m., Acting Deputy City Manager Iwen Wang announced another: 15 minutes are necessary. At 8:45 p.m., Mayor Priest reconvened the regular city council meeting and the following actions took place. COUNCILMEMBER GINTZ 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 WIDENING AND TRAFFIC SIGNAL PROJECT AT 21ST AVE S.W. AND 325TH STREET, PURSUANT TO THE TERMS OF CERTAIN REAL PROPERTY PURCHASE AND SALE AGREEMENT DATED APRIL 29, 1997, BETWEEN THE CITY, AS PURCHASER, AND BEVERLY SUE NOYES, AS HER SEPARATE ESTATE, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 2105 SW 326THPLACE, FEDERAL WAY, WASHINGTON FOR A PURCHASE PRICE OF $5,000.00; second by Deputy Mayor Elder. The motion carried as follows: City Council Regular Meeting Minutes May 6, 1997 - Page 7 Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes absence excused yes COUNCILMEMBER GATES 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 WIDENING AND TRAFFIC SIGNAL PROJECT AT 21ST AVENUE SOW. AND 325TH STREET, PURSUANT TO THE TERMS OF CERTAIN REAL PROPERTY PURCHASE AND SALE AGREEMENT DATED APRIL 14, 1997, BETWEEN THE CITY, AS PURCHASER, AND ALBERT I. PINTO AND MELODY L. LANDON-PINTO, HUSBAND AND WIFE, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 2104 SW 326THPLACE, FEDERAL WAY, WASHINGTON, FOR A PURCHASE PRICE OF $7,400.00; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes absence excused yes XI. ADJOURNMENT Having no other business to come before the Council, Mayor Priest adjourned the meeting at 8:49 p.m. Rror~t -H. &da',-, Robert H. Baker Deputy City Clerk