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Council MINS 04-06-1999 Regular 1. FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall April 6, 1999 - 7:00 p.m. MINUTES ***** CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:05 PM. Councilmembers Present: Mayor Gintz, Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, Kochmar and Watkins. Staff Present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, City Clerk Chris Green and Deputy City Clerk Laura Ulanowski. II. III. PLEDGE OF ALLEGIANCE PRESENT A TlONS a. Certificate of Achievement - Excellence in Financial Reportin!! City Manager Kenneth Nyberg presented the Certificate of Achievement for Excellence in Financial Reporting received by the State of Washington to Management Services Director Iwen Wang and Deputy Director Marie Mosely. Mr. Nyberg stated the City has received this award every year since incorporation. b. Certificates of Appreciation - Celebration Park Donations Councilmember Dovey thanked the Boeing Corporation for their contribution of $35,000 to Celebration Park; Hugh and Jane Ferguson for their contribution of $7,500, and Ralph Trineck for his contribution of $7,500 and stated they were all unable to attend tonight's council meeting. Councilmember Dovey then presented a plaque to Tom Pearson of Senator Pete von Reichbauer's office for his contribution to Celebration Park. Council member Dovey announced the dedication of the park is scheduled for May 22, 1999. b. Emergin!! Issues - Derek Matheson, Assistant to the City Manager, updated Council and the public on Year 2000 (Y2K) compliance. Mr. Matheson stated the City will continuously update the public using the web page and government access channel TV 28. ORIGINAL City Council ReguJar Meeting April 6, 1999 - Page 2 IV. CITIZEN COMMENT Denny Lensegrav, Puget Sound Energy, introduced himself to Council stating he is looking forward to working with the Council and City Staff. H. David Kaplan, urged Council to renew the contract with the Economic Development Executive during the mid-year budget review. Barbara Reid, thanked Public Works department for fast service in fixing a pot-hole she reported. Ms. Reid stated maintenance issues for parks are fiscally challenged and asked for volunteers to help cut-back blueberry bushes at the blueberry farm. Patrick Redmond, entered a statement into the record expressing concern regarding the substantial retaining wall surrounding their property in the Ventana Preliminary Plat area. Councilmember Watkins stated he would pull the Ventana Preliminary Plat item from the consent agenda and it was discussed that other citizens wishing to speak about the issue could do so at that time. V. a. b. c. d. e. f. g. h. i. j. k. CONSENT AGENDA Minutes/March 16. 1999 Regular Meeting Voucher/April 6. 1999 Monthly Financial Report/February 1999 Parks/Recreation Commission 1999 Work Plan/Increase in Membership Resolution/Ventana Preliminary Plat Approval(postponed from 3/16/99)- Aooroved Resolution # 99-292 1999 City Wide Pavement Marking & Channelization Contract Star Lake Basin Drainage Improvements/85 % Plan Completion Authorization: Project Construction Acceleration Req¡¡est:& ProjX>sed Interlocal Agreement Purchase of 10 Yard Dump Truck and Side-Boom Mower 1. Resolution/Authorizing Acquisition of Equipment & Financing Contract Aooroved Resolution # 99-293 2. Resolution/Form of Reimbursement Aooroved Resolution # 99-294 Permit Trackin!! System Vendor Selection Approval Suburban Cities Association 1999 Special Assessment Federal Way Entry Si¡:ns Design & Location MOTION BY COUNCILMEMBER DOVEY TO APPROVE THE CONSENT AGENDA. DEPUTY MAYOR PARK SECOND. City Council Regular Meeting April 6, 1999 - Page 3 Councilmember Watkins pulled Consent Agenda Item e. Motion to approve consent items a, b, c, d, f, g, h, i, j, and k carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Consent Item e - Ventana Preliminary Plat Approval: Mayor Gintz recused himself, as he lives in Viewcliff, and turned the meeting over to Deputy Mayor Park. Deputy Mayor Park called for citizen comment regarding the Ventana Preliminary Plat. Howard White, stated he originally opposed the connection from 25th Avenue to the new sub- division, however with the revision of the plan to maintain 25th Avenue as a cul-de-sac that will allow for emergency access to the new sub-division he now supports the plat stating peace and quiet will be maintained. Senior Planner Deb Barker addressed the changes to the proposal and citizen concerns regarding the retaining wall. Ms. Barker stated condition #6 in the Hearing Examiners decision stated retaining walls shall be harmonious throughout the plat. Ms. Barker then presented an overview of the street network showing the revision to the cul-de-sac terminus at 25th Avenue NW that will accommodate emergency vehicles. Councilmember Watkins stated he would be voting no on the preliminary plat expressing his concerns with through streets. MOTION BY COUNCILMEMBER GATES TO APPROVE ADOPTION OF REVISED VENTANA PRELIMINARY PLAT. COUNCILMEMBER KOCHMAR SECOND. Deputy Mayor Park called on the Deputy City Clerk for a roll call vote. The motion passed 5 - 1 as follows: Burbidge Gates Kochmar Watkins yes yes yes no Dovey Gintz Park yes recused yes Robert Jones (asked to speak after vote was taken), spoke in support of the Ventana Preliminary Plat and thanked staff and Council for revising the plat. Deputy Mayor Park turned the meeting back over to Mayor Gintz. City Council Regular Meeting April 6, 1999 - Page 4 VI. INTRODUCTION ORDINANCES a. Staff Presentation Community Development Director Stephen Clifton addressed Council stating this ordinance had gone through both the Planning Commission and the Land Use/Transportation Committee and incorporates recommendations from both in Chapter 22 of the Federal Way City Code. Mr. Clifton noted that Council imposed a moratorium on the acceptance of all applications on adult entertainment establishments on February 17, 1998 and extended the moratorium three times in order for staff to review additional studies and draft regulations to adult uses, and to allow the Planning Commission and Land Use/Transportation Committee to review the recommendations. b. Council Bill # 2l9/Adult Entertainment Retail Business AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON REVISING AND ADDING DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USES, REVISING DISTANCE SEPARATION REQUIREMENTS, AND ADDING AMORTIZATION PROVISIONS TO CHAPTER 22, ZONING. MOTION BY COUNCILMEMBER DOVEY TO MOVE ORDINANCE TO A SECOND READING/ENACTMENT ON APRIL 20, 1999. COUNCILMEMBER WATKINS SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes VIT. CITY MANAGER REPORT City Manager Kenneth Nyberg stated the Management Team would conduct a 2-day retreat On April 8th and 9th - Kathy McClung will serve as acting City Manager and Marie Mosely will serve as acting Deputy City Manager. The City/School Liaison Committee will meet Monday, April 12, 1999 at 7:30 AM at the Federal Way School District; Advancing Leadership Program will hold its first graduation on April 15, 1999 and two city employees, Stephen Clifton and Sandy Lyle will be part of the graduating class; Council will conduct an executive session pursuant to Potential Litigation and Property Acquisition expected to last approximately 40 with action expected. City Council Regular Meeting April 6, 1999 - Page 5 VIII. CITY COUNCIL REPORTS Councilmember Dovey reported the Parks/Recreation/Human Services/Public Safety Committee will meet on Monday, April 12 at 5:30 PM and he will attend an Economic Development Council meeting on Friday, April 9, 1999. Councilmember Watkins reported the Land Use/Transportation Committee will meet on April 19, 1999, and announced the death of a legislative bill on buildable lands which is a victory for Federal Way. Councilmember Watkins thanked the Association of Washington Cities and State Representative Mark Milosia for their work on the bill. Councilmember Burbidge stated she attended the Suburban Cities Meeting On March 30, 1999. Topics of discussion included communication technologies. Councilmember Gates reported the Finance/Economic Development/Regional Affairs Committee will meet on April 2'J'b at 5:30 PM; two citizens appointed to the Sound Transit Oversight Committee live in Federal Way, and Public Works Director Cary Roe has been appointed by the Suburban Cities Association to work on the endangered species act as it relates to transportation issues. Councilmember Kochmar stated the Airport Communities Coalition has not met recently as the conveyer belt issue through the City of Des Moines has not been settled. Deputy Mayor Park has been selected to attend the Asian Pacific American Leadership Academy May 20-22 in Washington, D.C. and will attend Sherwood Forest Elementary School "Night of Nations" on April 8, 1999 from 6-8 PM. Mayor Gintz stated he will attend a conference in Indianapolis Indiana entitled Character Cities for Mayors on April 8, 1999. Council adjourned to Executive Session at 8:20 PM. IX. EXECUTIVE SESSION Potential Liti~ation/Pursuant to RCW 42.30.110(l)(i) Pro.¡>erty Acquisition/Pursuant to RCW 42.30.110(l)(b) Assistant to the City Manager Derek Matheson announced another 15 minutes necessary at 9:03 PM. Assistant to the City Manager Derek Matheson announced another 15 minutes necessary at 9:16 PM. Council reconvened to regular session 9:21 PM. City Council Regular Meeting April 6, 1999 - Page 6 MOTION BY COUNCILMEMBER WATKINS TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CWSE THE ACQUISITION OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE STREET IMPROVEMENT PROJECT AT S. 336'11 STREET AND STATE ROUTE 99, PURSUANT TO THE TERMS OF A CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY, AS PURCHASER, AND PATTEN TRUSTS, AS SELLER, COVERING CERTAIN REAL PROPERTY WCATED AT THE NORTHEAST CORNER OF S. 336m STREET AND STATE ROUTE 99, FEDERAL WAY, WASHINGTON FOR A PURCHASE PRICE OF $60,150.00. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes x. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the regular meeting at 9:22 PM. '~