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Council MINS 04-21-1998 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall April 21, 1998 - 7:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Gintz opened the regular meeting of the Federal Way City Council at the hour of 7:03 p.m., in 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, Phil Watkins. City staff present: City Manager Kenneth E. Nyberg, City Attorney Londi Lindell, City Clerk Chris Green and Deputy City Clerk Bob Baker. II. PLEDGE OF ALLEGIANCE Deputy Mayor Park led the flag salute. III. PRESENTATIONS a. Youth Recognition Week Proclamation Councilmember Dovey read and proclaimed April 20-24 as Youth Recognition Week; a time to recognize outstanding youth in the community, including special activities, and culminating in an annual awards ceremony. Youth Commission Co-Chair Anika Andrews received the proclamation and thanked the Council for their support. She informed the audience of the April 23, 7:00 p.m. Awards Ceremony at Decatur High School and invited all to attend. b. Economic Develooment Uodate Debra Coates reported her meetings with the business community to discuss the revitalization program. In certain cases, the information is being used for preliminary decision-making for businesses evaluating whether to stay downtown or relocate. She urged the Council to approve the street scape improvements being recommended this evening. She reported Berger/Abam engineers completed the digitized drawing ofSR99 which shows what the road will look like with the signs in compliance of the Federal Way City Code. She stated the program is completed, ahead of the July 1 deadline. Finally, she stated the marketing plan is also on time. ORIGINAL CITY COUNCIL MEETING MINUTES April 21, 1998 - Page 2 Councilmember Watkins MOVED TO ADD AN ITEM "D" TO COUNCIL BUSINESS - Revision to Clerk's Schedule of Fees & Changes to Exempt Sign Permit Applicants; second by Deputy Mayor Park. The motion carried as follows: IV. Burbidge Gates Kochmar Watkins Dovey Gintz Park yes yes yes yes yes yes yes CITIZEN COMMENT Barbara Reid stated 82 people were at the Earth Day event at Celebration Park. She stated the BP A Trail - Phases I and II are a wonderful addition to the community and great assets which add value. V. CONSENT AGENDA a. b. c. MinuteslAoril7. 1998 RellUlar Meetim! Arts Commission Appointments Council Bill #192/Parks & Recreation Commission Code Amendment/ Enactment Ordinance APPROVED ORDINANCE #98-312 Council Bill # 193/CTR Code Amendment/Enactment Ordinance APPROVED ORDINANCE #98-313 Council Bill #194/Budget Carry Forward Adiustment/Enactment Ordinance APPROVED ORDINANCE #98-314 Emenlencv Medical ServiceslMemorandum of Understanding NeilÙ1borhood Traffic SafetY Prollfam Soeed Humo Criteria Modification Park Mowers Bid Award Wetland/Stream Inventorv Council Bill #184/Pul!et Sound Energy Franchise/Enactment Ordinance & Memorandum ofUnderstandinl! APPROVED ORDINANCE #98-315 LakehavenlDismissal & Withdrawal ofLel!al Actions d. e. f. g. h. i. j. k. I. Councilmember Gates pulled items (e), (k) and (1) Mayor Gintz pulled item (h) Councilmember Dovey MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C, D, F, G, I AND J; second by Deputy Mayor Park. The motion carried as follows: CITY COUNCIL MEETING MINUTES April 21, 1998 - Page 3 Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Item (e): Council Bill #194/Budget Carry Forward Adiustment/Enactment Ordinance APPROVED ORDINANCE #98-314 Pulled for discussion by Councilmember Gates as a result ofa meeting today wherein revisions were proposed. Councilmember Gates then MOVED TO 1. ALLOCATE $114,000 PARKS CIP BALANCE TO CELEBRATION PARK INSTEAD OF SKATEBOARD PARK, AND 2. REALLOCATE THE PARKS CIP BALANCE OF $83,000.00 FROM CMC THEATRE PROJECT TO CELEBRATION PARK CONTINGENCY; AND ALLOCATE $65,000.00 FROM THE CITY MANAGER CONTINGENCY FUND TO COVER THE ASBESTOS REMOVAL COST INCURRED BY THE THEATRE PROJECT; AND 3. TO ALLOCATE$150,000.00FROM THE UNAPPROPRIATED GENERAL FUND BALANCE AND $100,000.00 FROM THE CITY MANAGER CONTINGENCY FUND, FOR A CELEBRATION PARK CONTINGENCY ACCOUNT AT $250,000.00 FOR POTENTIAL COSTS ASSOCIATED WITH THE REMOVAL AND REMEDIAL OF HAZARDOUS OR SIMILAR MATERIALS ON SITE; second by Councilmember Dovey. Considerable discussion took place regarding overruns and the use of contingency funds and rules of use for such funds. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes no Dovey Gintz Park yes yes yes Item (h): Speed Humo Criteria Modification Mary LeProwse spoke in opposition to speed humps due to medical conditions. She stated people should have a vote if they will be affected by change. Further, she stated the City should change the criteria to speed hump installation. Evelyn Reitan spoke in opposition to speed humps. She said they benefit few and penalize many; not to mention the limitation on access. She stated seven officers patrolling is not enough and is in favor of issuing speeding citations. CITY COUNCIL MEETING MINUTES April 21, 1998 - Page 4 Joe Reece, Bill Slaney, Bill Watson, Doreen Bodey and Anne Richards all spoke in favor of speed humps. Councilmember Dovey MOVED APPROVAL TO MODIFY THE CRITERIA AS IT RELATES TO SPEED HUMP INSTALLATION; second by Councilmember Gates. Chief Wood responded to the questions raised at the last Council meeting and cited a few statistics which were previously relayed to Council in written form. Councilmembers Kochmar and Gates are in favor of the revisions. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Council Bill #184/Puget Sound Energy FranchiseÆnactment Ordinance & Memorandum ofUnderstandiml APPROVED ORDINANCE #98-315 Item (k): Pulled for discussion. City Attorney Londi Lindell relayed the details of the franchise agreement had been agreed upon and documents prepared. She also noted there is a memorandum ofunderstanding which is a legally-enforcing document. She reviewed some of the changes to the agreement and introduced Bob Brackus ofPuget Power. He thanked Londi for being so detail-oriented and easy to work with. Councilmember Gates MOVED APPROVAL TO ADOPT COUNCIL BILL NO. 184 DIRECTING THE CITY MANAGER TO ENTER INTO THE MEMORANDUM OF UNDERSTANDING REGARDING VEGETATION MANAGEMENT, MAINTENANCE OF FACILITIES AND RELIABILITY ENHANCEMENT PLAN WITH PUGET SOUND ENERGY, WHICH APPROVAL SHALL BE SUBJECT TO PUGET SOUND ENERGY DELIVERING TO THE CITY THE ADMINISTRATION FEE AS REQUIRED BY SECTION 24 OF THE FRANCHISE ORDINANCE. FURTHER, APPROV ALINSERTINGTHE WORDS "ALL REASONABLE" TO SECTION 1 (A) OF THE MEMORANDUM OF UNDERSTANDING; second by Councilmember Burbidge. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes CITY COUNCIL MEETING MINUTES April 21, 1998 - Page 5 Item (I): LakehavenlDismissal & Withdrawal of Legal Actions Councilmember Kochmar recused herself ftom the discussion and voting on this matter. Councilmember Gates pulled this item and MOVED TO POSTPONE INDEFINITELY THE ACTIONS ASSOCIATED WITH WITHDRAWING THE NOTICE OF INTENT TO ASSUME THE LAKEHA VEN UTILITY DISTRICT FILED WITH THE PIERCE COUNTY BOUNDARY REVIEW BOARD AND THE DISMISSAL OF OPEN PUBLIC MEETINGS ACT LAWSUIT FILED AGAINST LAKEHA YEN UTILITY DISTRICT; second by Deputy Mayor Park. Discussion ensued amongst the Councilmember and City Attorney. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes recused yes Dovey Gintz Park yes yes yes Bill Linehan stated the City was "off the mark" on what they did; and it would be ludicrous to consider appealing the decision of the Boundary Review Board. Ed Stuart commended Councilmember Watkins on his no-votes. He's happy with the decision of the Boundary Review Board. Mark Miloscia stated upwards of$60,000 additional monies could be spent iflawsuits are filed and appeals go on. He has no problem with Councilmember Gates' motion. Further, he said we should put our differences behind us as well as the harsh words spoken thus far. VI. CITY COUNCIL BUSINESS a. So 34Oth St Relrional Stormwater Facilitv Councilmember Watkins MOVED APPROVAL AUTHORIZING STAFF TO PROCEED WITH FINAL DESIGN OF THE SW 340m REGIONAL STORM WATER STORAGE FACILITY AND IF THE TOTAL FINAL DESIGN AND SPECIFICATION COST ESTIMATE REMAINS THE SAME, AUTHORIZE STAFF TO BID THE PROJECT AND RETURN WITH A REQUEST FOR PERMIS SION TO AWARD THE PROJECT TO THELOWEST, RESPONSIVE, RESPONSffiLE BIDDER; second by Councilmember Dovey. CITY COUNCIL MEETING MINUTES April 21, 1998 - Page 6 The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes b. Belmor/SeaTac Stormwater Facilitv Phase I Councilmember Watkins MOVED APPROVAL AUTHORIZING STAFF TO BID THE PROJECT AND RETURN TO THE COMMITTEE FOR AUTHORIZATION TO AWARD TO THE LOWEST, RESPONSIVE, RESPONSffiLE BIDDER; second by Councilmember Gates. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes c. CitY Center Street Desilm Guidelines Councilmember Watkins stated "rather rapid decisions" were made at the April 6 Land Use/Transportation Committee meeting. He said there were some statements made at that meeting which don't really stand up to the test of "objective reality." It is his hope the Council would take another look at the options at this meeting to be absolutely sure what they are voting on. He would like an understanding of what is being proposed for the downtown; specifically and especially the street standard. Councilmember Watkins sought clarification on committee meeting advertising processes and what Councilmembers may actually "do" at those meetings. City Attorney Lindell reported all Committee meetings are advertised as City Council Special Meetings, thus allowing discussion and deliberation by all Councilmembers. Only those Councilmembers on the actual committee may vote at the committee level, however. Mr. Watkins then stated there seems to be a lot of confusion and Council has handled this matter in a "great deal of haste." Discussion ensued regarding gazebo-styled bus stops, street trees, street and pedestrian lighting, colors, banners, sidewalks and planters. Councilmember Gates went to the Land Use/Transportation Committee meeting without the packet; however, she reviewed the prepared materials earlier and realized the items had been worked on and discussed. She did have comments under the street and pedestrian lighting areas and planters versus plantings. CITY COUNCIL MEETING MINUTES April 21, 1998 - Page 7 Mayor Gintz reminded those present they are not passing an ordinance. These are standards or guidelines we will work with to create a downtown. Councilmember Kochmar is uncomfortable with voting on this issue and is not prepared to vote. She values the work of the committee and stated we need "more public input." She is unaware of meetings where the public was allowed to remark on these issues and wants to hear "from the general citizens as a whole." Mayor Gintz relayed two open houses were advertised (over 800 mailers sent out); a phone and fax line were established for input; public notices were done, the weekly calendar contained meeting dates and times as they related to CIAC, Downtown Revitalization, Civil Theatre, etc. There was also an open-house at the SeaTac Mall with pictures and an ability for input. He stated staff needs guidance to go out, develop costs and move forward. He disagrees with the notion that over the last year there hasn't been enough opportunity for public input. Councilmember Kochmar stated her concern is the choices made at the April 6 meeting. She would like more citizen input and would also like to know why a two-week delay would make a great difference. She wants specifics regarding number and cost of items, etc. Councilmember Watkins noted his concern is with the street standard. He noted the absence of an independent expert at the April 6 meeting and stated that was the first time in his experience on the Council, so he asked Mr. Hinshaw to comment on what the City has done. Mr. Hinshaw commented he is respectful of staff and the work they have done. They are in charge of this project. He is present at the request of Mr. Roe. He wishes to offer advice. He referred to a letter sent to Council wherein he pointed out a number of problems with the proposed standards based upon his experience in other communities, especially with regard to their downtown areas. He is troubled with the thought some call this an unprofessional act. With over 25 years experience, he is saddened by that statement. He does believe the City would be making a mistake if they follow the course they are taking. Councilmember Kochmar MOVED TO REFER THE ITEM BACK TO LAND USE/TRANSPORT ATION COMMITTEE FORFUR THERREVIEW AND ADDITIONAL INPUT FROM THE CHAMBER OF COMMERCE AND TO RESPOND TO MR. HINSHAW; second by Councilmember Watkins. Further discussion centered around the placement of trees in the downtown core. It was noted the next Land Use meeting is May 4, 1998. Councilmember Watkins noted the SeaTac Mall has asked Council to reconsider the light standard recommendation. Further, he would like a discussion with an informed person from the profession so an intelligent choice may be made. Mayor Gintz noted Stephen Clifton and other staff persons are informed persons from their profession. CITY COUNCIL MEETING MINUTES April 21, 1998 - Page 8 The consequences of delay were discussed. Mr. Roe noted time to re-design the conception is included in the delay if changes are made. Each bit of time we have is critical to the success of the project. Councilmember Gates noted the Council is capable of making a decision on 312th and Celebration Park this evening so staff may go out to bid. She urged Council to decide the issues tonight. Councilmember Watkins MOVED TO AMEND THE MAIN MOTION TO REFER THE ITEM BACK TO THE LAND USE/TRANSPORT ATION COMMITTEE BY INSERTING THE WORDS "WITH THE EXCEPTION OF THE 312111 (current standard) & CELEBRATION PARK PROJECT" (as set forth in design guidelines); second by Councilmember Kochmar. Councilmember Watkins suggested staff prepare a "road trip" for Council to "see some things." He wants to have the information as well as a chance to discuss it with others before making an informed decision at the Land Use/Transportation Committee level, after the proposed road trip. Mayor Gintz would argue the item is should come back before the Council. The motion to amend the main motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes The main motion (refer to LUTe) carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes no yes Elaine Mansoor, SeaTac Mall, stated the process has been long and she believes there has been adequate public process. On February 3, Cary Roe sent a letter to Councilmember, Downtown Revitalization Committee members and others about the meeting being held in connection with tlús process. She knows Council heard concerns. She hopes people can compromise where needed and also hoped Council will include the business community in the upcoming road trip. She would love to go along. Revision to Clerk's Schedule of Fees & Changes to ExemDt Sign Permit ApplicantslResolution APPROVED RESOLUTION #98-271 d. CITY COUNCIL MEETING MINUTES April 21, 1998 - Page 9 Councilmember Watkins MOVED ADOPTION OF THE COMMITTEE RECOMMENDATION WHICH IS TO REVISE THE FEE SCHEDULE, EXEMPTING SIGN PERMIT FEES FOR THOSE P ARTICIP ATING IN THE INCENTIVE PROGRAM AND APPROVING THE RESOLUTION AS PRESENTED; second by Councilmember Dovey. Mr. Watkins noted this will allow the City to waive permit fees which would normally be required for removing and erecting new signs during the duration of the sign incentive program. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes VII. CITY MANAGER REPORT City Manager Nyberg noted Council received an invitation to the Federal Way Days at Wild Waves. He has consulted with the City Attorney who stated Council may accept the invitation. Ms. Lindell noted they are appearing in an official capacity as a Councilmember. Mayor Gintz stated he hoped all Councilmembers would pay the $5.00 fee required by other citizens to attend. Councilmember Gates MOVED THE SUSPENSION OF COUNCIL RULES ALLOWING COUNCIL TO PROCEED BEYOND THE 10:00 O'CLOCK P.M. HOUR; second by Councilmember Burbidge. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes An executive session is needed for approximately :15 minutes this evening with no action anticipated. VIII. CITY COUNCIL REPORTS Councilmember Gates noted a budget retreat is scheduled on April 30, 1998, at 5: 15 p.m. The next Finance/Economic Development/Regional Affairs Committee meeting is May 26, at 12:00 p.m. and reminded Council of the April 28 Ad Hoc Committee from 12:30 p.m. to 2:00 p.m. Councilmember Kochmar had no report; but thanked the staff for their assistance and patience and willingness to spend time with her when necessary. CITY COUNCIL MEETING MINUTES April 21, 1998 - Page 11 Deputy Mayor Park attended the A WC Large City Meeting. He noted a couple of interesting items were the Internet Freedom Act and Initiative 69 I (elimination of motor vehicle excise tax) which will impact the City financially. Councilmember Dovey noted an Economic Development Committee meeting this Friday. He was invited to speak at the Arbor Day Tree Planting Ceremony at Steel Lake Park. He noted the presence of a large Korean contingent as well as several dozen girl scouts. He recognized and thanked City Staff for their assistance and invited everyone to next years event. Councilmember Watkins reported his attendance at the final meeting of the four-post plan modification task force last week in Tacoma. It would appear the only hope of modifying the four- post plan will be through the litigation linked to the Airport Communities Coalition. Councilmember Burbidge noted she attended a SKATBd meeting this morning. There was a report on the RTA's Commuter and Light Rail; West Seattle/South West King County Transit Service Changes proposed for September 1998 and an update on the South King County Transportation Plan by the Department of Transportation. Mayor Gintz recessed the regular meeting at 10:00 p.m. to convene executive session. IX. EXECUTIVE SESSION PendinlllPotential Litillation/Pursuant to RCW 42.30.110(1)(i) Prooertv AcauisitionlPursuant to RCW 42.30. 110 (l)(b) Mayor Gintz reconvened the regular meeting at 10:18 p.m. No action was taken from executive session. X. ADJOURNMENT Having no other business to come before the Council, Mayor Gintz adjourned the regular meeting at 10:18 p.m. ~JVJ t-l. ~a4 Robert H. Baker Deputy City Clerk