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Council MINS 09-01-1998 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 1, 1998 - 7:00 PM ***** MINUTES I. CALL MEETING TO ORDER Mayor Ron Gintz opened the regular meeting of the Federal Way City Council 7:02 PM in the Council Chambers, City Hall, Federal Way, Washington. Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Jack Dovey, Mary Gates, Linda Kochmar and Phil Watkins. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, City Clerk Chris Green and Deputy City Clerk Laura Ulanowski II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the Pledge of Allegiance. ill. PRESENTATIONS a. SPIRIT Award/Months of Au¡ust & S~tember Jon Jainga was honored for his work on planning and development of the Knutzen Family Theatre. Jon was unable to accept his award at the August City Council meeting and was present to accept this evening. Gene Bridge was honored for the month of September for his hard work and dedication on the City's street overlay program. b. Youth Commission Introduction/Certificate of Appointment Councilmember Jack Dovey presented a certificate of Appointment to Jennifer Graves who was appointed to serve a one year appointment on the Youth Commission. ORIGINAL City Council Regular Meeting September 1, 1998 - Page 2 c. LDS Church Volunteers/Certificate of Auoreciation Councilmember Jack Dovey presented a Certificate of Appreciation to Bishop Don Blackner of the Church of Latter Day Saints for their efforts at cleaning up the graffiti wall at Shurgard Storage bordering Celebration Park. IV. CITIZEN COMMENT Mayor Gintz stated that the citizen comments regarding the solid waste increase would be heard under the public hearing section and that those who wished to speak regarding the CDBG Funding Recommendations would be heard under the Council Business section. Bill Linehan, spoke in support of Police Officers in our schools 100% with one caveat regarding search and seizure. Mr. Linehan also commented on funding for social services stating that a city is it's people and that there are no crisis beds in Federal Way for teenagers. Mr. Linehan asked that the Council consider the people issues first. v. CONSENT AGENDA a. b. c. d. Minutes/Au!!ust 11. 1998 Re~ular Meetin~ Voucher/S~tember 1. 1998 Monthly Financial R~rt/Month of July 1998 Lake Killarney Park Development Bid Award Police Services at Federal Wa;¡ & Decatur Hi!!h Schools Council Bill #198/So 336th/SR 99 Condemnation/APPROVED ORDINANCE NO. 98-319 Kin!! Coun~ Contract/Solid Waste e. f. g. Councilmember Watkins pulled item (e) for discussion. MOTlONBY COUNCILMEMBER GATES TO APPROVE THE CONSENT AGENDA ITEMS (a), (b), (c), (d), (t), AND (g). COUNCILMEMBER DOVEY SECOND. Motion passed as follows: Burbidge Gates Kochmar Watkins Dovey Gintz Park yes yes yes yes yes yes yes City Council Regular Meeting September 1, 1998 - Page 3 Item (e): Police Services at Federal Way & Decatur Hil!h Schools Chief Woods responded to Councilmember Watkins' questions regarding the trial run of the officers at the schools. MOTION BY COUNCILMEMBER GATES TO APPROVE THE CONSENT AGENDA ITEM (e). COUNCILMEMBER WATKINS SECOND. Motion passed as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes VI. PUBLIC HEARING Solid Waste Franchise Rate Review Staff Report Citizen Comment City Council Deliberation Mayor Gintz opened the public hearing at 7:25 PM and read a statement on conducting the public hearing. Mayor Gintz temporarily closed to the public hearing at 7:30 PM to allow for citizen comment from Mary Ellen Stone of King County Sexual Assault Resource Center. Ms. Stone thanked the Council and the City for their support of the agency. Mayor Gintz reopened the public hearing at 7:31 PM. Public Works Director Cary Roe gave a brief presentation regarding the proposed solid waste rate increases to both single and multi-family residences, the request for an RFP for an alternate vendor for recyclable material, and providing incentives to multi-family units to recycle. Mayor Gintz invited public comment at 7:50 PM. Lawrence Wilson, stated that Mr. Roe had done a good job answering most of his questions. Mr. Lawrence stated that his yard-waste pick-up was not accurate, that during the winter months he did not receive a pick-up every week. Mr. Lawrence also asked that the proposed increases be looked at closer. City Council Regular Meeting September 1, 1998 - Page 4 David Kaplin, stated that the city was bundling solid waste and recycling into the same package. He asked the City conduct the RFP first and then propose the increases, not visa versa. Michael Hellickson stated that the multi-family incentives didn't make any sense. He stated that landlords cannot control their tenant's recycling. Mr. Roe entertained council questions and addressed the citizen comments. MOTION BY COUNCILMEMBER GATES TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Council Bill #l99/Solid Waste Franchise Rate/Introduction Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ITS SOLID WASTE AND RECYCLING UTILITY SCHEDULE OF RATES AND RETAINAGES FOR SERVICE BY PROVIDING FOR A 10.4% INCREASE IN THE COLLECTION RATES FOR COMMERCIAL AND RESIDENTIAL WASTE GENERATORS AND AN 11.4 % INCREASE IN THE COLLECTION RATE FOR MULTIFAMILY WASTE GENERATORS, DIRECTING CITY STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR RECYCLABLE MATERIALS PROCESSING, AND AMENDING THE CITY'S FRANCHISE FOR SOLID WASTE AND RECYCLING AGREEMENT (AMENDS PREVIOUS ORDINANCE NOS. 93- 167,94-218,97-287 AND 94-221). MOTION BY COUNCILMEMBER DOVEY TO MOVE ORDINANCE TO A SECOND READING ON SEPTEMBER 15, 1998. COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes City Council Regular Meeting September 1, 1998 - Page 5 VII. CITY COUNCIL BUSINESS 1999 CDBG Fundinl! Recommendations Mayor Gintz called for public comment on the CDBG Funding Recommendations. Marilyn LaCelle, Valley Cities Counseling, requested funding for transitional housing for youth. Delores Swanson, asked if the funding for the proposed International District was all coming from public funds or if there would be any private funding. She also asked what was meant by "unique lighting" . Mayor Gintz stated that he would have staff address her questions. Donald Dokken, Habitat for Humanity, thanked the Mayor and City Council and gave some background on their program and requirements. Lisa Welch, Human Services Commission, stated that she is opposed to using human services money for the downtown at this time and hoped that the Council would consider the human services recommendations. Lawrence Wilson, stated that the City did not need another park and that the money should be put into the people. Bill Isabell, Mental Health Housing Foundation, asked the City to fund housing for the mentally ill. Stated that there are only eight beds for the mentally ill in Federal Way. Mr. Isabell thanked the Council for their time and consideration. Sandra Klunl!ness, stated she was delighted to see the progress that the City was making on giving itself an image, but urged the Council to consider housing for the mentally ill. Toni Kuciemba, expressed her support for the Human Services Commission recommendations and implored the Council to consider the human factor and fund housing for the mentally ill. Patricia Crocker, thanked the Human Services Commission for their recommendation to approve funding for dental care. Mayor Gintz read into the record comments of Leslie Richardson in support of housing for the mentally ill. City Council Regular Meeting September 1, 1998 - Page 6 Michael Hellickson, stated that he was amazed that the Council was even considering using this funding to develop the International District and that the funds should be used for human services. Community Development Director Greg Moore clarified that downtown revitalization is eligible under the CDBG grant criteria and stated that what is meant by unique lighting for the International District is lighting that would provide safety and have distinctive character. MOTION BY COUNCILMEMBER BURBIDGE FOR FULL APPROVAL OF THE PUBLIC SERVICE CATEGORY INCLUDING THE CARES PROGRAM OF CHILDCARE SUBSIDIES IN THE AMOUNT OF $49,290; DOMESTIC VIOLENCE ADVOCATE PROGRAM IN THE AMOUNT OF $21,648; FEDERAL WAY DENTAL ACCESS PROGRAM OF THE COMMUNITY HEALTH CENTER IN THE AMOUNT OF $12,600. FURTHER MOVED TO APPROVE FULL FUNDING OF THE PLANNING/ADMINISTRATION FUNDS AS RECOMMENDED BY THE HUMAN SERVICES COMMISSION IN THE AMOUNT OF $73,133. FURTHER MOVED FULL APPROVAL OF SIX OF THE NINE CAPITAL PROGRAMS AS RECOMMENDED BY THE HUMAN SERVICES COMMISSION INCLUDING THE FACILITIES REHABILITATION OF THE FEDERAL WAY BOYS AND GIRLS CLUB IN THE AMOUNT OF $34,742; HABITAT FOR HUMANITY OF SOUTH KING COUNTY IN THE AMOUNT OF $40,000; SOUTHRIDGE HOUSE WHICH PROVIDES ELDERLY AND DISABLED HOUSING FOR LOW-INCOME PEOPLE IN THE AMOUNT OF $83,400; KING COUNTY REHABILITATION PROGRAM (FUNDS AVAILABLE ON A SLIDING SCALE) WHICH ASSISTS WITH LOW-INCOME HOUSING IN THE AMOUNT OF $140,000; PARKVIEW GROUP HOMES FOR THE ACQUISITION OF HOUSING FOR DEVELOPMENTALLY DISABLED ADULTS IN THE AMOUNT OF $22,500; AND HOUSING REHABILITATION FUNDS FOR THE SOUTH KING COUNTY MULTI-SERVICE CENTERS - VICTORIAN PLACE n APARTMENTS IN THE AMOUNT OF $20,000. FOR A TOTAL OF $340,642.00 IT WAS FURTHER MOVED TO APPROVE PARTIAL FUNDING OF THE REMAINING THREE APPLICATIONS OF THE CAPITAL PROGRAM RECOMMENDED BY THE HUMAN SERVICES COMMISSION INCLUDING: $5,000 FOR THE RUTH DYKEMAN CHILDCARE PROGRAM TOWARD THE NEW CONSTRUCTION PROGRAM; $10,000 TO THE V ALLEY CITIES COUNSELING AND CONSULTATION FOR THE ACQUISITION OF THE NEW FACILITY; AND $40,000 FOR THE MENTAL HEALTH FOUNDATION FOR MENTAL HEALTH HOUSING. FINALLY, IT WAS MOVED TO APPROVE THE BALANCE OF THE FUNDS AVAILABLE TO BE ALLOCATED FOR THE REVITALIZATION OF THE DOWNTOWN AREA COVERING COMMUNITY DEVELOPMENT, URBAN RENEWAL, AND BLIGHT City Council Regular Meeting September 1, 1998 - Page 7 REMOVAL IN THE AMOUNT OF $99,283.00. COUNCILMEMBER DOVEY SECOND. Councilmember Dovey stated that the International District is not a park - it is an economic development issue and that putting money into business is putting money into the people. He stated that he would support the motion and asked that the Council earmark a certain portion of the CDBG money for economic development each year. Councilmember Gates stated that she supports the motion and that it meets all of the objectives that the Council passed including urban renewal. Councilmember Kochmar asked that the Council not grant the needs of one group to the detriment of another. She asked that the Council approve the recommendations of the Human Services Commission in full. MOTION BY COUNCILMEMBER KacHMAR TO AMEND THE MOTION TO RESTORE FULL FUNDING RECOMMENDATION TO THE MENTAL HEALTH HOUSING ALLOCATION TO $54,283.00. COUNCILMEMBER WATKINS SECOND. Councilmember Parks stated that while he supports the International District he would not support the motion. He stated that the International District is an economic development issue, but he could not support the motion this year. Mayor Gintz stated that this funding should not be portrayed as a contest. He stated that the CDBG Funding is not human services funding - human services funding deliberations are starting now. Mayor Gintz stated that CDBG stood for Community Development Block Grants which include economic development issues. Mayor Gintz stated that there needs to be a balance and he supports Councilmember Burbidge's motion. Councilmember Kochmar stated that the amendment on the floor is to restore full funding to mental health housing and asked for a roll call vote. The amendment failed 4-3 as follows: Burbidge Gates Kochmar Watkins no no Dovey Gintz Park no no yes yes yes SECOND MOTION BY COUNCILMEMBER KOCHMAR TO AMEND THE MAIN MOTION TO RESTORE THE FULL FUNDING RECOMMENDATION TO THE RUTH DYKEMAN CHILDCARE PROGRAM TO THE AMOUNT OF $25,000 AND TO RESTORE THE FULL FUNDING RECOMMENDATION TO VALLEY CffiES TO THE AMOUNT OF $75,000. COUNCILMEMBER WATKINS SECOND. Councilmember Kochmar asked for a roll call vote. City Council Regular Meeting September 1, 1998 - Page 8 The amendment failed 4-3 as follows: Burbidge Gates Kochmar Watkins no no yes yes Dovey Gintz Park no no yes Councilmember Burbidge's main motion passed 4-3 as follows: Burbidge Gates Kochmar Watkins VIII. yes yes no no Dovey Gintz Park INTRODUCTION ORDINANCE yes yes no Council Bill #20111997 Uniform Code Adontion/FWCC Chaoter 5 Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 5 OF THE FEDERAL WAY CITY CODE AND ADOPTING THE 1997 UNIFORM CODES. (AMENDING ORDINANCE NOS. 90-33, 92-143 AND 95-234) Deputy City Clerk Laura Ulanowski read the ordinance title. MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND READING ON SEPTEMBER 15, 1998. COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park IX. CITY MANAGER REPORT yes yes yes City Manager Ken Nyberg stated that City Hall would be closed on September 7,1998, for a holiday observance, and he stated that the City of Federal Way recently received the 1997 State Auditors report and for the 4th year in a row the City received no findings. Mr. Nyberg thanked Finance City Council Regular Meeting September 1, 1998 - Page 9 Director Iwen Wang, Deputy Finance Director Marie Mosley and their staff on their excellent work. Mr. Nyberg stated that there would be an executive session on property acquisition and that action was expected. x. CITY COUNCIL REPORTS Councilmember Dovey stated that the next meeting oftheParkslRecreationlPublic Safety and Human Services Committee would be September 14", Mr. Dovey thanked the staff and volunteers for their work at Family Fest. Councilmember Watkins stated that the next meeting of the Land Use/Transportation Committee would be September 14". Councilmember Burbidge stated that she would be attending a meeting at Sound Transit. Councilmember Gates stated that she attended a Suburban Cities Association meeting and that there were 30 votes in favor of the Regional Governance Legislative Agenda. Ms. Gates stated that the next meeting of the Finance/Economic Development/Regional Affairs Committee would be September 15". Councilmember Kochmar thanked the staff and volunteers for their work at Family Fest, Ms, Kochmar stated that she would be attending an A WC conference on September 8" and the WFOA conference the week of September 15". Councilmember Parks stated that the Hachinohe visit went well, and thanked staff and volunteers for Family Fest. MOTION BY COUNCILMEMBER WATKINS TO SUSPEND THE RULES TO ALLOW THE MEETING TO CONTINUE PAST 10:00 PM, COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Council adjourned into Executive Session at 9:53 PM for thirty minutes. XI. EXECUTIVE SESSION Prooertv AcauisitionlPursuant to RCW 42.30.110(I)(b) City Council Regular Meeting September 1, 1998 - Page 10 At 10:20 PM Deputy City Manager Philip Keightley announced the Executive Session would be extended by ten minutes. Mayor Gintz reconvened the regular meeting at 10:25 PM. MOTION BY COUNCILMEMBER WATKINS TO DIRECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO EFFECT THE PARTIAL RELEASE OF A DRAINAGE EASEMENT OVER PROPERTY OWNED BY THE CLUB WEST APARTMENTS, SUBJECT TO THE REQUIREMENT THAT THE PROPERTY OWNER PAY THE CITY ONE-HALF THEF AIR MARKET VALUE OF THE PROPERTY TO BE RELEASED FROM THE EASEMENT, AND SUBJECT TO THE PROPERTY OWNER'S AGREEMENT THAT, SHOULD THE CITY BE REQUIRED TO PERFORM ANY WORK WITHIN THE EASEMENT, THE PROPERTY OWNER WILL COMPENSATE THE CITY FOR ANY COSTS INCURRED IN PROTECTING THE BUILDING LOCATED ON THE PORTION OF THE EASEMENT TO BE RELEASED. COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes XII. ADJOURNMENT There being no additional business to come before Council, Mayor Gintz adjourned the regular meeting of the Federal Way City Council at 10:26 PM. CJAlfifl llRo/lFf Æ Y..L Uta Ulanowski, Deputy City Clerk