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Council MINS 05-18-1999 Regular ORIGINAL FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall May 18, 1999 AWENDED MINUTES I. CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order in the Council Chambers, City Hall, at 7:04 PM. II. PLEDGE OF ALLEGIANCE Councilmember Watkins led the Pledge of Allegiance. III. PRESENTATIONS a. SPIRIT Award/Month of May City Manager Kenneth Nyberg presented Senior Planner Lori Michaelson with the SPIRIT Award for May. Ms. Michaelson thanked the City Manager and staff who work with her. b. Parks/Recreation Commission Introductions/Certificates Councilmember Dovey introduced the newly appointed Parks/Recreation Commissioners and presented them with their certificates. The new regular commission members are Karl Grosch, Barbara Reid, Jerry Bollen, and alternates Mike Lane, Dave Armstrong, and C.T. Purdom. c. Economic Development D:pdate Economic Development Executive Debra Coates relayed the latest developments in the City's revitalization plan: The Home Express building has been leased; SeaTac Mall planning upgrades; positive feedback at the May 12, 1999 meeting regarding the Sound Transit Design Charette; the marketing brochure should be available by the end of June; and $7 million in revenue will be generated from bookings of tournaments at Celebration Park. d. Emerging Issues City Manager Kenneth Nyberg stated there was no report this evening. City Council ReguJar Meeting May 18, 1999 Page 2 IV. CITIZEN COMMENT Barbara Reid, commented on the Capital Facilities Plan, asked Council not to take a patchwork approach to the development of a community center; asked Council to consider merging the community center, civic center, performance hall and public safety building into one facility adjacent to Celebration Park. Margaret Nelson - recognized Girl Scout Troop for their efforts in clearing the BPA Trail of scotch broom and debris, noted she saw graffiti on the W. Campus jogging trail and stated she is disappointed the City has no program for clean-up in the budget. Dave Larson - asked Council to recognize service organizations that serve the Federal Way community. Mr. Larson asked for a proclamation or resolution to recognize the silent back-bone of the community. Councilmember Dovey stated he would bring the request before the Parks/Recreation/Human Services/Public Safety Committee and bring a recommendation back before the Council. H. David Kaplan - thanked all of the volunteers and contributors who helped make Celebration Park a reality, and noted the park dedication ceremony will be held on May 22, 1999 at 11:00 AM. Mr. Kaplan extended his special thanks to Parks Department employees Jennifer Schroder, Dave Wilbrecht, and Jon Jainga. v. CONSENT AGENDA a. b. Minutes/May 5. 1999 Regular Meetin!!-ADoroved Miscellaneous Traffic Channelization Modification/Final Project Acceptance- Approved US West Wireless Right-of-Way Use Agreement-ADproved Resolution/Set Public Hearing Date for Proposed 2000-2005 TranSJlOrtation Improvement Program <TIP) & Arterial Street Improvement Plan (ASIP) - Approved. Resolution # 99-297 1999 CDBG Project Revision-ADproved Renewal of CDBG Fundin!! Strate!!ies-ADoroved 2000 CDBG Pass-Throu~h Ac~tance-ADproved So 336th St at SR 99/Street Widening Project/Authorization to Award Bid- Aooroved Crown Point Storm & Sanitary Sewer Repair/Final Project Acceutance-Approved Amendments to the Countywide Plannin~ Policies-Approved c. d. e. f. g. h. i. DEPUTY MAYOR PARK MOVED APPROVAL OF THE CONSENT AGENDA. COUNCILMEMBER WATKINS SECOND. Councilmember Watkins pulled Consent Item (c)-US West Wireless Right-of-Way Use Agreement for clarification. City Council Regular Meeting May 18, 1999 Page 3 COUNCILMEMBER WATKINS MOVED APPROVAL OF ITEM C. COUNCILMEMBER GATES SECOND. Councilmember Dovey recused himself as he is in the wireless business. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park recused yes yes Council member Kochmar pulled Consent Item (f)-Renewal of CDBG Funding Strategies, stating she objects to the set-aside portion dealing with economic development. MAYOR GINTZ MOVED APPROVAL OF ITEM f AS PRESENTED. COUNCILMEMBER WATKINS SECOND. COUNCILMEMBER KOCHMAR MOVED TO AMEND THE MOTION TO REMOVE THE PORTION THAT WOULD SET-ASIDE 15% OF THE CDBG FUNDING STRATEGIES FOR ECONOMIC DEVELOPMENT. COUNCILMEMBER WATKINS SECOND. CouncilmemberDovey stated the Council voted late last year to approve a portion of the CDBG funds for economic development and infrastructure, and stated it is within the criteria of CDBG funding to do so. Councilmember Gates stated the CDBG funds are federal funds and not human services funds; she also stated that infrastructure and economic development improvements help improve the economy for everyone and bring business and jobs to low and median income citizens. Mayor Gintz called for a roll call vote on the amendment to the motion. The amendment to the motion failed 5-2 as follows: Burbidge Gates Kochmar Watkins no no Dovey Gintz Park no no no Mayor Gintz called for a roll call vote on the main motion. The main motion passed 5-2 as follows: Burbidge Gates Kochmar Watkins yes yes yes yes nO no Dovey Gintz Park yes yes yes City Council Regular Meeting May 18, 1999 Page 4 VI. PUBLIC HEARING Tkachuk Abatement/ReDort of Exœnse Staff Report Citizen Comment Council Deliberation/Decision Mayor Gintz read the procedures to be followed at tonight's Public Hearing. Mayor Gintz opened the Public Hearing at 8:07 PM. Code Compliance Officer Martin Nordby gave a brief staff report regarding the process followed for the abatement of the Tkachuk property and stated the City is asking Council to assess the costs of the abatement of the property and taxes only, and not for staff time and follow-up. Mr. Nordby stated the cost to demolish and haul off the property is $10,201.45. Mr. Tkachuk property owner stated through an interpreter that he did not understand the process and wanted to put a manufactured home on the site. Mr. Tkachuk stated $10,000 was too much money to haul off the debris and the contractor he contacted said he could do it for $1,500 -2,000. Mr. Nordby stated the City met with Mr. Tkachuk six times, each time with an interpreter, and stated Mr. Tkachuk did not have building permits approved and was ordered to stop work on two occasions. Bill Sorenson, stated he is a neighbor of the Tkachuk property and Mr. Tkachuk has no regard for our laws or other people's property. Mr. Sorenson stated he had seen Mr. Tkachuk remove the stop work orders posted at the property. Mayor Gintz closed the public hearing at 8:35 PM. DEPUTY MAYOR PARK MOVED TO APPROVE STAFF RECOMMENDATION TO ASSESS FULL COSTS AND PLACE A LIEN AGAINST THE PROPERTY. COUNCILMEMBER KOCHMAR SECOND. Deputy Mayor Park stated he understands being from a foreign country but stated one has to comply with our laws. Councilmember Dovey expressed concern regarding the financial hardship the assessment would place on the Tkachuk family and asked for clarification on how the assessment would be applied. Councilmember Gates stated she understands that $10,000 is a financial hardship but it is not the City's job to figure out how he will pay; it is the City's job to protect its citizens and recoup the costs involved in having to abate the property. City Council Regular Meeting May 18, 1999 Page 5 COUNCILMEMBER DOVEY MOVED TO TABLE THE DECISION TO THE JUNE 1, 1999 COUNCIL MEETING IN ORDER TO REVIEW PAYMENT OPTIONS FURmER. COUNCILMEMBER KOCHMAR SECOND. Mayor Gintz called for a roll call vote. The motion passed 6-1 as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park VII. COUNCIL BUSINESS a. 1999 A!¡phalt Overl¡¡y Bid Award yes yes no COUNCILMEMBER WATKINS MOVED APPROVAL OF THE 1999 ASPHALT OVERLAY BID AWARD. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes b. ResolutionlProposed Method for Early Redemption of Bond from Utility Tax Approved Resolution # 99-298. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE RESOLUTION AS PRESENTED FOR EARLY REDEMPTION OF BONDS. COUNCILMEMBER BURBIDGE SECOND. H David K&plan, stated he endorses the resolution as it saves the taxpayers money. Councilmember Dovey stated the resolution allows the City to payoff bonds early and will save the City $832,000. COUNCILMEMBER KOCHMAR MOVED TO AMEND THE MOTION TO RETAIN THE 1.45 MILLION IN THE BOND RETIREMENT FUND AND REDUCE THE UTILITY TAX. * COUNCILMEMBER WATKINS SECOND. Mayor Gintz called for a roll call vote. The amendment failed 5-2 as follows: Burbidge Gates Kochmar Watkins no no yes yes Dovey Gintz Park no no no City Council Regular Meeting May 18, 1999 Page 6 Mayor Gintz called for a roll call vote on the main motion. The main motion passed 5-2 as follows: Burbidge Gates Kochmar Watkins yes yes no no Dovey Gintz Park yes yes yes VIII. INTRODUCTION ORDINANCE Council Bill #223/Consent to Sale/Federal Way Disposal to Washin!!ton Waste Haulin~ & Recyclin~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CONSENTING TO THE SALE OF FEDERAL WAYDISPOSALCO.,INC. AND AMENDING THE CITY OF FEDERAL WAY FRANCHISE FOR SOLID WASTE AND RECYCLING COLLECTION, AND SETTING RATES FOR SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL SERVICE (AMENDS ORDINANCE NOS. 94-221, 95-236, AND 98-321. MOTION BY COUNCILMEMBER GATES TO MOVE THE INTRODUCTION ORDINANCE TO SECOND/ENACTMENT READING TO THE JUNE 1, 1999 COUNCIL MEETING. COUNCILMEMBER KOCBMAR SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes IX. CITY MANAGER REPORT City Manager Kenneth Nyberg reported the next meeting of the Lakehaven Liaison Committee is scheduled for May 19, 1999 at 7:30 AM; The Mercer Group has been selected as the Executive Search consulting firm and Jim Mercer will be interviewing Councilmembers individually; Deputy City Manager Philip Keightley has requested sick leave between June 1 and July 14,1999 and the request has been granted; Council will conduct an executive session regarding Collective Bargaining pursuant to RCW 42.30.l40(4)(a), anticipated to last fifteen minutes with nO action expected. X. CITY COUNCIL REPORTS MOTION BY COUNCILMEMBER GATES TO SUSPEND THE RULES AND EXTEND THE MEETING PAST 10:00 PM. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: City Council Regular Meeting May 18, 1999 Page 7 Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Councilmember Dovey stated the next meeting of the Parks/Recreation/Human Services Committee is scheduled for May 24, 1999 at 5:30 PM., and the Celebration Park Dedication will be held on May 22, 1999 at 11:00 AM. Councilmember Watkins stated the next meeting of the Land Use/Transportation Committee is scheduled for June 7, 1999 at 5:30 PM. Councilmember Burbidge stated she attended the Sound Transit Design Charette meeting and was pleased with the positive feedback. Council member Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for May 25, 1999; thanked all who attended and were involved in the Sound Transit Design Charette meeting; and reported that the Tacoma Art Museum has declared May 20, 1999 as Federal Way Day. Councilmember Kochmar reported on the positive feed-back at the Sound Transit Design Charette Meeting and thanked staff involved in the banquet for the Tonghae delegation. Deputy Mayor Park reported a Letter of Intent had been signed by both the City of Federal Way and the City of Tonghae Korea to become sister cities. Delegates from Tonghae were in town on from May 10 - 14, visiting the city; the City Manager Search Committee has selected The Mercer Group as consultant for the executive search. Mayor Gintz thanked Deputy Mayor Park for translating during the Tonghae visit; stated there will be a candlelight vigil against school violence on May 19, 1999 at Memorial Stadium; and stated on May 24, 1999 elected officials throughout the community are invited to a Character Cities Initiative Meeting at City Hall from noon to 2:00 PM. Council adjourned to executive session at 10:01 PM. XI. EXECUTIVE SESSION Collective BargaininglPursuant to RCW 42.30.l40(4)(a) At 10:21 PM, Deputy City Manager Philip Keightley announced another 15 minutes were necessary . Council reconvened to regular session at 10:30 PM. City Council Regular Meeting May 18, 1999 Page 8 XII. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the regular session at 10:30 PM. Q/ II j ,ç-'þ . U&þJt( l{/{l/LEfZ,.ld1--1 ~ura Ulanowski, Deputy City Clerk /