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Sarah Casada, Executive Pro Tempore

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Sarah Casada, Executive Pro Tempore MINUTES PIERCE COUNTY COUNCIL MEETING OCTOBER 12, 2004 930 TACOMA AVENUE SOUTH, ROOM 1045 TACOMA, WASHINGTON 98402 (253) 798-7777 -- FAX: (253) 798-7509 -- TDD: (253) 798-4018 www.co.pierce.wa.us/council (Note: These minutes are not verbatim. Recorded tapes are available upon request.) I. CALL TO ORDER The regular meeting of the Pierce County Council was called to order at 3:00 p.m. by Vice Chair Wimsett. II. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge was led by Wimsett, followed by a Moment of Silence in tribute to our men and women in the Military. III. ROLL CALL Councilmembers Present: Shawn Bunney, Barbara Gelman, Calvin Goings, Terry Lee, Dick Muri, and Kevin Wimsett. Councilmember Harold Moss was excused. Council Staff Present: Steve Gross, Deputy Legal Counsel; Denise Johnson, Clerk of the Council; Susan Long, Administrator for Legal and Operations; and Tom Weber, Administrator for Research and Policy. There were five visitors present. IV. APPROVAL OF AGENDA Lee moved approval of the Agenda; motion seconded and passed on a voice vote. V. CONSENT AGENDA a. Approval of Minutes b. Action on Ordinances (refer, set date of hearing) 1. PROPOSAL NO. 2004-18, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL FINDING THE PROPOSED NONEXCLUSIVE WIRELESS TELECOMMUNICATIONS FRANCHISE TO VOICESTREAM PCS III CORPORATION, A SUBSIDIARY OF T-MOBILE USA, Page 1 of 8 Pierce County Council Meeting October 12, 2004 INC., FOR A TELECOMMUNICATIONS NETWORK IN PIERCE COUNTY TO BE IN THE PUBLIC INTEREST; SETTING FORTH TERMS AND CONDITIONS ACCOMPANYING THE GRANTING OF THE WIRELESS TELECOMMUNICATIONS FRANCHISE; PROVIDING FOR THE REGULATION OF CONSTRUCTION, OPERATION, MAINTENANCE, AND USE OF THE NETWORK; PRESCRIBING REMEDIES FOR THE VIOLATION OF THE PROVISIONS OF THE FRANCHISE; AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO THE FRANCHISE AGREEMENT. Sponsored by: Councilmember Shawn Bunney Contact person: Skip Stansbury, 798-7477 To be heard in the Economic and Infrastructure Development Committee on October 19, 2004 Suggested date of Council hearing: November 2, 2004 2. PROPOSAL NO. 2004-55s, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL GRANTING A NONEXCLUSIVE FRANCHISE TO PUGET SOUND ENERGY, INC., OF PIERCE COUNTY, FOR LOCATION OF ELECTRIC LINES ON CERTAIN RIGHTS-OF-WAY; AND AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE SAID FRANCHISE. Sponsored by: Councilmember Shawn Bunney Contact person: Jerry West, 798-3687 DO PASS AS SUBSTITUTED RECOMMENDATION – ECONOMIC & INFRASTRUCTURE DEVELOPMENT COMMITTEE ON SEPTEMBER 21, 2004 - (Shawn Bunney, Chair; Terry Lee, Vice Chair; Barbara Gelman, Member; Calvin Goings, Member; Dick Muri, Member) Suggested date of Council hearing: November 16, 2004 3. PROPOSAL NO. 2004-77, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL GRANTING A NONEXCLUSIVE FRANCHISE TO THE UNITED STATES OF AMERICA, DEPARTMENT OF ENERGY, BONNEVILLE POWER ADMINISTRATION, FOR LOCATION OF ELECTRIC LINES ON CERTAIN RIGHTS-OF-WAY; AND AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE SAID FRANCHISE. Sponsored by: Councilmember Shawn Bunney Contact person: Jerry West, 798-3687 DO PASS RECOMMENDATION – ECONOMIC & INFRASTRUCTURE DEVELOPMENT COMMITTEE ON SEPTEMBER 21, 2004 - (Shawn Bunney, Chair; Terry Lee, Vice Chair; Barbara Gelman, Member; Calvin Goings, Member; Dick Muri, Member) Suggested date of Council hearing: November 16, 2004 Page 2 of 8 Pierce County Council Meeting October 12, 2004 4. PROPOSAL NO. 2004-81, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL GRANTING A NONEXCLUSIVE FRANCHISE TO WOLLOCHET HARBOR CLUB, FOR LOCATION OF WATERLINES ON CERTAIN COUNTY-OWNED RIGHTS-OF-WAY; AND AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE SAID FRANCHISE. Sponsored by: Councilmember Shawn Bunney Contact person: Jerry West, 798-3687 DO PASS RECOMMENDATION – ECONOMIC & INFRASTRUCTURE DEVELOPMENT COMMITTEE ON SEPTEMBER 21, 2004 - (Shawn Bunney, Chair; Terry Lee, Vice Chair; Barbara Gelman, Member; Calvin Goings, Member; Dick Muri, Member) Suggested date of Council hearing: November 16, 2004 5. PROPOSAL NO. 2004-89, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL FINDING THE PROPOSED NON-EXCLUSIVE WIRELESS TELECOMMUNICATIONS FRANCHISE TO PACIFIC BELL WIRELESS NORTHWEST, LLC, A DELAWARE LIMITED LIABILITY COMPANY, d/b/a CINGULAR WIRELESS, FOR A TELECOMMUNICATIONS NETWORK IN PIERCE COUNTY TO BE IN THE PUBLIC INTEREST; SETTING FORTH TERMS AND CONDITIONS ACCOMPANYING THE GRANTING OF THE WIRELESS TELECOMMUNICATIONS FRANCHISE; PROVIDING FOR THE REGULATION OF CONSTRUCTION, OPERATION, MAINTENANCE, AND USE OF THE NETWORK; PRESCRIBING REMEDIES FOR THE VIOLATION OF THE PROVISIONS OF THE FRANCHISE; AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO THE FRANCHISE AGREEMENT. Sponsored by: Councilmember Shawn Bunney Contact person: Hudson Stansbury, 798-7477 To be heard in the Economic and Infrastructure Development Committee on October 19, 2004. Suggested date of Council hearing: November 2, 2004 6. PROPOSAL NO. 2004-90, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL VACATING A PORTION OF 12TH STREET EAST RIGHT-OF-WAY IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN THE BONNEY LAKE AREA. Sponsored by: Councilmember Shawn Bunney Contact person: Jerry West, 798-3687 For referral to the Economic and Infrastructure Development Committee 7. PROPOSAL NO. 2004-91, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL AUTHORIZING THE CLOSURE OF A PORTION OF 276TH STREET EAST AND WEILER ROAD TO ALL CLASSES OF VEHICLES BEING LOCATED IN THE NORTH HALF OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, IN THE ELK PLAIN AREA; AND SAID CLOSURE BEING MADE PURSUANT TO CHAPTER 47.48 REVISED Page 3 of 8 Pierce County Council Meeting October 12, 2004 CODE OF WASHINGTON. Sponsored by: Councilmember Shawn Bunney Contact person: Bruce Duncan, 798-7250 For referral to the Economic and Infrastructure Development Committee 8. PROPOSAL NO. 2004 93, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL FINDING THE PROPOSED NON EXCLUSIVE VIDEO DIGITAL SUBSCRIBER LINE (VDSL) CABLE FRANCHISE TO YCOM NETWORKS, INC., FOR A VDSL CABLE SYSTEM IN PIERCE COUNTY TO BE IN THE PUBLIC INTEREST; SETTING FORTH TERMS AND CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE; PROVIDING FOR THE REGULATION OF CONSTRUCTION, OPERATION, MAINTENANCE, AND USE OF THE SYSTEM; PRESCRIBING REMEDIES FOR THE VIOLATION OF THE PROVISIONS OF THE FRANCHISE; AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO THE FRANCHISE AGREEMENT. Sponsored by: Councilmember Shawn Bunney Contact person: Hudson Stansbury, 798-7477 For referral to the Economic and Infrastructure Development Committee To be heard in the Economic and Infrastructure Development Committee on October 19, 2004 Suggested date of Council hearing: November 16, 2004 9. PROPOSAL NO. 2004-96, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL ADOPTING A NEW CHAPTER 9.26 OF THE PIERCE COUNTY CODE ENTITLED "OFF-ROAD VEHICLES" RELATING TO THE REGULATION OF OFF-ROAD VEHICLES; AND ESTABLISHING PENALTIES FOR VIOLATIONS THEREOF. Sponsored by: Councilmember Shawn Bunney Contact person: Susan Long, 798-6068 For referral to the Public Safety and Human Services Committee Suggested date of Council hearing: November 2, 2004 10. PROPOSAL NO. 2004-97, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL RELATED TO ACCESSORY USES AND STRUCTURES; PROVIDING A SUNSET DATE FOR NONCONFORMING USE OF MOTOR TRACKS OF DECEMBER 1, 2004; ADOPTING FINDINGS OF FACT; AND AMENDING SUBSECTION 18A.25.300E OF THE PIERCE COUNTY CODE IN CONNECTION THEREWITH. Sponsored by: Councilmember Shawn Bunney Contact person: Steve Gross, 798-7579 For referral to the Community Development Committee Suggested date of Council hearing: November 2, 2004 Page 4 of 8 Pierce County Council Meeting October 12, 2004 c. Action on Resolutions (refer, set date of hearing) 1. PROPOSAL NO. R2004-137, A RESOLUTION OF THE PIERCE COUNTY COUNCIL DEDICATING A PORTION OF MILITARY ROAD, FROM PACIFIC AVENUE TO SPANAWAY LOOP ROAD, TO THE MEMORY OF TOM CROSS; AND REQUESTING THE PIERCE COUNTY PUBLIC WORKS & UTILITIES DEPARTMENT TO INSTALL APPROPRIATE STREET SIGNS TO REFLECT THE DEDICATED ROAD. Sponsored by: Councilmember Barbara Gelman Contact person: Susan Matthew, 798-6653 For referral to the Economic and Infrastructure Development Committee d. Other Items Lee moved approval of the Consent Agenda; motion seconded as passed on a roll call vote of five to zero. VI. MESSAGES FROM EXECUTIVE/JUDGES/PROSECUTING ATTORNEY 1. A message from the Executive transmitting the following Ordinance, which was approved and signed on September 24, 2004, was read into the record: ORDINANCE NO. 2004-61, AN ORDINANCE OF THE PIERCE COUNTY COUNCIL AMENDING ORDINANCE NO. 2002-127 BY AMENDING THE AREAS WHERE THE DISCHARGE OF FIREARMS IS PROHIBITED; AND CREATING AREAS WHERE THE DISCHARGE OF FIREARMS IS RESTRICTED IN PORTIONS OF THE UNINCORPORATED AREAS OF SECTIONS 27 AND 34, TOWNSHIP 18, RANGE 2 EAST, AND SECTIONS 3, 4, AND 10, TOWNSHIP 17, RANGE 2 EAST, IN THE ROY AREA. VII. PROCLAMATIONS, AWARDS, AND/OR APPOINTMENTS TO BOARDS AND COMMISSIONS PROPOSAL NO. R2004-126, A RESOLUTION OF THE PIERCE COUNTY COUNCIL PROCLAIMING THE WEEK OF OCTOBER 25 THROUGH OCTOBER 29, 2004, AS “YOUTH VOTING AWARENESS WEEK” IN PIERCE COUNTY, WASHINGTON; AND ENCOURAGING THE YOUTH OF THE COMMUNITY TO PARTICIPATE IN THE “VOTING IS COOL” PROGRAM. Lee moved adoption; motion seconded. The Clerk read the Proclamation into the record. Page 5 of 8 Pierce County Council Meeting October 12, 2004 Staff Testimony Pat McCarthy, Pierce County Auditor, accepted the Proclamation and explained the Voting is Cool program.
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