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Council MIN 11-18-2003 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall November 18, 2003 - 7:00 p.m. Minutes I. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of7:05 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Jack Dovey, Eric Faison, Mary Gates, Linda Kochmar, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Dovey led the flag salute. III. PRESENTATIONS a. Introduction of New Employees/City Manager City Manager David Moseley announced there were no new employees to introduce , tonight. b. Emerging Issues/City Manager City Manager David Moseley noted there were no emerging issues to discuss tonight. IV. CITIZEN COMMENT Joann Piquette, encouraged all to attend Federal Way Coalition of the Performing Arts concert this Sunday. Bob Hitchcock, thanked the Council forthe Tourism Grant awarded to Federal Way Festival Days; and thanked the City Manager and staff for such a successful year last year. Debbie Kaufman, thanked the Council for retaining the Federal Way Mirror as the official paper of record. (C(O{f>1f Federal Way City Council Regular Meeting Minutes November 18, 2003 Page2 of 11 V. a. b.o c. d. e. f. g. h. l. J. k. CONSENT AGENDA Minutes/November 4, 2003 Regular Meeting; and Special MeetingslPublic Hearings on October 22 and 27, 2003 -Approved 0 Council Bill #334/2004 Property Tax Levy - Enactment Ordinance- Approved Ordinance #03-454 Official Newspaper-Approved Tourism Grant Awards-Approved Benton County Jail Interlocal Agreement Addendum-Approved separately CityIFederal Way School District Interlocal Agreement Amendment/School Resource Officers-Approved 2003-2004 Youth Commission Work Plan-Approved State Grant Acceptance/West Hylebos Boardwalk Replacement-Approved State Grant Acceptance/Historical Cabins Proiect -Approved Mid-Biennium Review of2003-2004 Human Services Contracts-Approved Interlocal Agreement/Regional Affordable Housing Program (RAHP) - Approved COUNCILMEMBER DOVEY MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER GATES SECOND. Councilmember Kochmar pulled Consent Item (e )/Benton County Jail Interlocal Agreement Addendum. The main motion to approve Consent Agenda items (a), (b), (c), (d), (f), (g), (h), (i), 0), and (k) passed as follows: Burbidge Dovey Faison Gates Kochmar McColgan Park yes yes yes yes yes yes yes Item (e )/Benton County Jail Interlocal Agreement Addendum: Councilmember Kochmar noted representatives from Benton County contacted the city, and told staff that Benton County could not agree to extend the contract until December 31, 2006 while continuing to charge the same rate per bed. Benton County is, however willing to continue the same rate per bed through December 31, 2004. COUNCILMEMBER KOCHMAR MOVED APPROVAL AN AMENDMENT TO THE BENTON COUNTY INTERLOCAL AGREEMENT FOR JAIL SERVICES TO EXTEND THE TERM THROUGH DECEMBER 31,2004; AND AUTHORIZE Federal Way City Council Regular Meeting Minutes November 18, 2003 Page 3 of 11 THE CITY MANAGER TO EXECUTE SUCH AMENDMENT; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes VI. PUBLIC HEARINGS a. Mid-Biennium Budget Adiustment (required hearing/pursuant to RCW 35A.34) Mayor Burbidge read into the record the procedures to be followed for the Mid-Biennium Budget Adjustment Public Hearing and opened the hearing at 7:17 p.m. . Staff Report Management Services Director Iwen Wang gave a brief presentation to Council outlining the budget adjustment. . Citizen Comment Karolin Loendorf, a new resident of Federal Way, spoke on a variety of subjects, and offered her assistance wherever it could be needed. . City Council Discussion Council encouraged all citizens to shop in Federal Way for the upcoming holiday season! Hearing no further comments, Mayor Burbidge closed the public hearing at 7 :40 p.m. b. Assessment Roll for Steel Lake Management District No.1 Mayor Burbidge read into the record the procedures to be followed and opened the Assessment Roll for Steel Lake Management District No.1 Public Hearing at 7 :40 p.m. . Staff Report Public Works Department ESAlNPDES Coordinator Leslie Ryan-Connelly made a brief presentation to Council. . Citizen Comment Federal Way City Council Regular Meeting Minutes November 18, 2003 Page 4 of 11 There was no public comment. . City Council Discussion . Approval/Confirmation of Assessment - Resolution #03-454 COUNCILMEMBER GATES MOVED TO APPROVE AND CONFIRM THE SPECIAL ASSESSMENT ROLL FOR LAKE MANAGEMENT DISTRICT NO.1 FOR STEEL LAKE, AS REFLECTED IN EXHIBIT A TO THE RESOLUTION APPROVING AND CONFIRMING THE SPECIAL ASSESSMENT ROLL; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes Hearing no further comment, Mayor Burbidge closed the public hearing at 7:46 p.m. c. 2003 Comprehensive Plan Amendments Selection Process Mayor Burbidge read into record the procedures to be followed for the 2003 Comprehensive Plan Amendments selection process public hearing, and opened the hearing at 7:48 p.m. . Staff Report Federal Way's Planning Consultant Janet Shull made a brief presentation to Council outlining the five site specific requests as follows: Site Specific Request #l/Trimble- a text amendment to change the comprehensive plan designation and zoning from Single Family Low Density and Suburban Estates to Single Family Medium Density. Site Specific Request #2N elasco- a text amendment to change the comprehensive plan designation and zoning from Single Family High Density Residential to Neighborhood Business. Site Specific Request #3/Lee- a text amendment to change the comprehensive plan designation and zoning from Single Family Medium Density to Single Family High Density. Federal Way City Council Regular Meeting Minutes November 18, 2003 Page 5 of 11 Site Specific Request #4/Kirk/Nelson- a text amendment to change the comprehensive plan designation and zoning from Single Family High Density to Multiple Family; and Site Specific Request #5 - a text amendment to change the 2003-2020 Regional Capital Improvement Plan (CIP) by deleting the planned extension to Weyerhaeuser Way South, north of South 320th Street. . Citizen Comment Doran Reano, spoke in opposition to Site Specific Request # 1. Nicolas Sutton, spoke in opposition to Site Specific Request #1. Cheri Eir, spoke in opposition of Site Specific Request # 1. Denny Holt, spoke on behalf of the owners, asked for further study of Site Specific Request #4. David Sommerville, spoke in opposition to Site Specific Request # 1. Wally Costello, spoke in favor of Site Specific Request #5. William and Victoria Goodman (comments read into the record by City Clerk) asked for many questions to be answered before the approval of Site Specific Request #3. Alan and Suzy Akana (comments read into the record by City Clerk) noted opposition to Site Specific Request #2. Charles Byrne - spoke in opposition to Site Specific Request #1. David Thorstad, spoke in support of Site Specific Request #4. Pam Tollefsen, spoke in support of the staff decision to recommend no change to Site Specific Request #4. . City Council Discussion Council discussed each request with staff. Councilmember Gates asked to include bicycle lanes in Request #5; Mr. Costello noted an amendment would be included to add the bicycle lanes. . Action Federal Way City Council Regular Meeting Minutes November 18, 2003 Page 6 of 11 COUNCILMEMBER FAISON MOVED TO NOT FORWARD SITE SPECIFIC REQUEST #1 FOR FURTHER STUDY; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes COUNCILMEMBER FAISON MOVED TO NOT FORWARD SITE SPECIFIC REQUEST #2 FOR FURTHER STUDY; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes no yes yes Kochmar McColgan Park no , yes no COUNCILMEMBER FAISON MOVED TO NOT FORWARD SITE SPECIFIC REQUEST #3 FOR FURTHER STUDY; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes COUNCILMEMBER FAISON MOVED TO NOT FORWARD SITE SPECIFIC REQUEST #4 FOR FURTHER STUDY; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes no yes yes Kochmar McColgan Park no yes yes COUNCILMEMBER FAISON MOVED TO FORWARD SITE SPECIFIC REQUEST #5 FOR FURTHER CONSIDERATION BASED ON THE FOLLOWING CONDITIONS: (1) THE QUADRANT CORPORATION SHALL CONDUCT A TRANSPORTATION IMP ACT ANALYSIS THAT WOULD SHOW THAT BY ITSELF, CONSTRUCTION OF 32ND A VENUE SOUTH (WHICH BORDERS THE SITE ON THE WEST), FROM SOUTH 320TH NORTHWARDS WOULD ELIMINATE THE NEED FOR CONSTRUCTION OF THE WEYERHAEUSER WAY SOUTH EXTENSION WITH NO ADDED SYSTEM DELAYS; AND (2) THIS ANALYSIS SHALL BE SUBMITTED NO LATER THAN DECEMBER 31, 2003 IN Federal Way City Council Regular Meeting Minutes November 18, 2003 Page 7 of 11 ORDER NOT TO DELAY THE 2003 COMPREHENSIVE PLAN AMENDMENT PROCESS; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes There being no further discussion, Mayor Burbidge closed the public hearing at 9: 17 p.m. VII. CITY COUNCIL BUSINESS a. Acceptance of Preliminary Design for Community Center - Resolution- Approved Resolution #03-402 COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED RESUL TION ACCEPTING THE PRELIMINARY DESIGN OF THE COMMUNITY CENTER AND DIRECTING PROJECT TO PROCEED TO FINAL DESIGN; DEPUTY MAYOR MCCOLAN SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes b. Waiving Section 7B of Purchasing Policies for New City Hall Proiect- Resolution-Approved Resolution #03-403 COUNCILMEMBER PARK MOVED ADOPTION OF THE RESOLUTION WAIVING SECTION 7(B) OF THE PURCHASING POLICIES FOR THE CITY HALL PROJECT; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes c. Approval of Findings & Conclusions of Law on Sound Transit Facility - Resolution - Approved Resolution #03-404 Councilmember Gates recused herself on this item, and left Council Chambers. Federal Way City Council Regular Meeting Minutes November 18, 2003 Page 8 of 11 Councilmember Faison noted he is amending the resolution to add the words "staff report" to Section 1 (g) of the proposed Resolution denying the appeal of the Hearing Examiner Decision File #03-05. COUNCILMEMBER FAISON MOVED APPROVAL OF THE PROPOSED RESOLUTION DENYING THE APPEAL OF THE HEARING EXAMINER DECISION FILE #03-05, AS AMENDED, APPROVING THE CENTRAL PUGET SOUND REGIONAL TRASIT AUTHORITY PROCESS IV APPLICATION TO SITE A CLASS I ESSENTIAL PUBLIC FACILITY WITHIN THE CITY OF FEDERAL WAY; COUNCILMEMBER PARK SECOND. The motion passed 5-1 as follows: Burbidge Dovey Faison Gates yes yes yes recused Kochmar McColgan Park no yes yes Councilmember Gates returned to Chambers. VIII. INTRODUCTION ORDINANCES a. Council Bill #335/Mid-Biennium Budget Adiustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2003-04 BIENNIAL BUDGET (AMENDS ORDINANCE NOS. 02-434 AND 03-441). COUNCILMEMBER PARK MOVED COUNCIL BILL #335/MID-BIENNIUM BUDGET ADJUSTMENT TO SECOND READING/ADOPTION AT THE NEXT REGULAR MEETING ON DECEMBER 2, 2003; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #336/Impound ofVehic1es Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ARTICLE VIII, CHAPTER 15 OF THE FEDERAL WAY CITY CODE-IMPOUNDMENT OF VEHICLES DRIVEN BY SUSPENDED/ REVOKED DRIVERS (AMENDING ORDINANCE NO. 01-393). Federal Way City Council Regular Meeting Minutes November 18, 2003 Page 9 of 11 COUNCILMEMBER KOCHMAR MOVED COUNCIL BILL#336/IMPOUND OF VEHICLES CODE AMENDMENT TO SECOND READING/ADOPTION AT THE NEXT REGULAR MEETING ON DECEMBER 2,2003; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes IX. CITY COUNCIL REPORTS Councilmember Gates reported she would be attending the Transportation Improvèment Board meeting where many important items effecting Federal Way, will be discussed. She noted she would be attending the ribbon cutting ceremony for Phase I on Thursday morning, and would be attending the Sound Transit Audit Committee on the 19th. She also thanked Kathy McClung and her staff on working to get Metropolitan Markets to Federal Way. Councilmember Kochmar also thanked staff for their work on Metropolitan Market, which will be located in the Dash Point Road/312th Street area. She encouraged everyone to attend the Multi Service Center's fundraiser, and reported on various holiday events in the community. Councilmember Park announced the next meeting of the FinanceÆconomic Development/Regional Affairs Committee would be held November 25th at 4:00 p.m. in the Mt. Baker Conference Room. Councilmember Dovey reported on his attendance at the ribbon cutting ceremony for the Karl Grosch field. He noted over a hundred in attendance, and thanked the Committees and Commissions who worked on this project. Councilmember Faison reported on his attendance at a meeting with the Redondo Heights neighborhoods. He noted there were many in favor of the annexation and many businesses concerned over the city's sign code. He reported this item would soon come to the Land Use/Transportation Committee for further discussion. He also stated there was interest form the Applewood neighborhood in holding an informational meeting. He announced the next meeting of the Land Use/Transportation Committee would be held December 1 5t at 5:30 p.m. Deputy Mayor McColgan reported on the Tourism Enhancement Grants, which were recently awarded. He noted the grants are distributed to organizations that bring events to the city, which promotes tourism. He encouraged anyone with such an event to apply for next years grant ~ext spring. Federal Way City Council Regular Meeting Minutes November 18, 2003 Page 10 of 11 Mayor Burbidge reported on her attendance at the South County Area Transportation Board meeting, where they will be discussing the Tri-Angle study, and noted she will be attending the Reinvesting in Youth meeting. She noted the ribbon cutting ceremony for the Phase I will be Thursday, November 20th; and the SeaTac Mall, soon to be re-named will be hosting a re-development ceremony. She further reported on various community events in the performing arts, including holiday performances. x. CITY MANAGER REPORT City Manager David Moseley reported the permits have been issued to Metropolitan Market, a greatly welcomed new business coming to the Dash Point and 31 th Street area. He thanked Kathy McClung, Greg Fewins, and Deb Barker on their hard work on this project. He reported that Advancing Leadership program would be at City Hall on Thursday for a government day; he welcomed all participants. Mr. Moseley announced the United Way campaign has wrapped up, and he was pleased to note co-chairs Kathy McClung and Patrick Briggs were awarded 2002-2003 Outstanding Campaign Employee Award by the King County United Way. He reminded Council, this years campaign set a record for donations, and thanked all staff that participated and donated to the campaign. City Manager David Moseley noted the holiday lights are going up in the downtown core along 320th and Hwy 99; the lights should all be up prior to the tree lighting ceremony on December 6th. Mr. Moseley recognized Community Development Departments Scott Sproul who has been taking classes, and recently passed the Plans Examiners Certification. He also reported Deputy City Clerk Stephanie Courtney has received certification as a Certified Municipal Clerk after three years of studies. He congratulated both staff members and noted his appreciation to them in working beyond the daily work hours to better themselves and the job they do for the city. He added that many cities are experiencing flooding due to the amounts of rain the region has received in the last few days. He reported Surface Water Manager Paul Bucich reported an increase in the Hylebos, but added it hasn't affected any homes or roadways at this point. He thanked the SWM division for all their hard work. City Manager David Moseley reported the city would be requesting a $4.6 million dollar grant from the State Transportation Improvement Board for Hwy 99 Phase III project. That amount would cover approximately 60% of the funds needed. Federal Way City Council Regular Meeting Minutes November 18, 2003 Page 11 of 11 Mr. Moseley further reminded Council for the need for an executive session for the purpose of discussing Potential LitigationlPursuant to RCW 42.30.11 O( 1 )(i); for approximately twenty minutes, with no action anticipated. COUNCILMEMBER GATES MOVED TO SUSPEND COUNCIL RULES OF PROCEDURE TO ALLOW THE COUNCIL MEETING TO CONTINUE PAST THE HOUR OF 10:00 P.M.; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes At 9:55 p.m. Mayor Burbidge announced the Council would be recessing into Executive Session for the purposed of discussing Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) for approximately twenty minutes with no action anticipated. XI. EXECUTIVE SES SI ON Potential LitigationlPursuant to RCW 42.30.110(1 )(i) Council returned to Chambers at 10: 10 p.m. XII. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 10: 1 0 p.m.