Council MIN 12-02-2003 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Cham bers - City Hall
December 2, 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, and
Councilmembers Jack Dovey, Eric Faison, Mary Gates, Linda Kochmar and Mike Park.
City Staff present: City Manager David Moseley, City Attorney Pat Richardson and City
Clerk Chris Green.
II.
PLEDGE OF ALLEGIANCE
Councilmember Gates led the flag salute.
MOTION BY DEPUTY MAYOR MCCOLGAN TO AMEND THE AGENDA TO
ADD DISCUSSION OF WHERE AND WHEN TO HOLD THE 2004 CITY
COUNCIL RETREAT, AS ITEM (I) UNDER SECTION VI-CITY COUNCIL
BUSINESS; SECOND BY COUNCILMEMBER FAISON. The motion passed as
follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Dovey
McColgan
yes
yes
yes
III.
PRESENTATIONS
a.
b.
SPIRIT A wardlMonth of December
Introduction of New Employees/City Manager
Emerging Issues/City Manager
c.
City Manager Moseley presented this month's SPIRIT Award to John Hutton, the city's
Recreation Supervisor-he consistently receives accolades from tournament directors and
coaches every year for his assistance in coordinating successful sporting events.
(CQ)[PY
Federal Way City Council Regular Meeting Minutes
December 2, 2003 - Page 2 of 7
Mr. Moseley had no new employees to introduce nor any emerging issues to report to
Council at this time.
IV.
CITIZEN COMMENT
H. David Kaplan - expressed concern as to whether or not the Brittany Lane and North
Lake proposed annexation areas meet city code-he also inquired about the possibility of
the city enacting one-time assessments for each area to offset expenditures.
Tim Hatley - representing owners of the Sports Wodd facility-he reported the owners
would like the proposed resolution for the annexation of the Redondo East area deferred at
this time due to concerns about the future oftheir property.
Charles Gibson - representative for North Lake area residents-he advised 60% of the
residents are in favor of the election method of annexation; he also submitted a letter signed
by a number of the residents of the area.
Bob Rawlings - President of the West Campus II Homeowners Association-he expressed
concerns the city is not aggressively considering a code amendment restricting oversized
vehicles in residential areas; he also submitted several letters to and from city staff.
Jerry Graham - not opposed, but also is not supportive of the proposed annexation of the
North Lake area-he feels the area's current status and services from King County,
including police services, are adequate. .
V.
a.
b.
c.
d.
e.
f.
g.
h.
1.
CONSENT AGENDA
Minutes/November 18,2003 Regular Meeting; and November 17, 2003
Special Meeting - (pulled and approved separately)
Vouchers - Approved
Monthly Financial Report - Approved
Council Bill #335/Mid-Biennium Budget Adjustment - Approved
Ordinance No. 03-455
Council Bill #336/Impound of Vehicles Code Amendment -Approved
Ordinance No. 03-456
2004 Right-of-Way Landscape Maintenance Contract/Authorization to Bid-
Ap~roved .
l4 Ave So & So 312th St Traffic Signal Project/l 00% Design Approval &
Authorization to Bid - Approved
2004 Fee Schedule - Approved Resolution No. 03-406
CEO Magazine Publicity - Approved
MOTION BY COUNCILMEMBER PARK TO APPROVE THE CONSENT
AGENDA; SECOND BY DEPUTY MAYOR MCCOLGAN.
Federal Way City Council Regular Meeting Minutes
December 2, 2003 - Page 3 of 7
Deputy Mayor McColgan pulled consent agenda item (a) to correct the minutes of the
November 18, 2003 regular meeting.
The motion to approve consent agenda items (b), (c), (d), (e), (f), (g), (h) and (i) passed as
follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Dovey
McColgan
yes
yes
yes
Consent item (a): Deputy Mayor McColgan noted a correction to the regular meeting
minutes of November 18, 2003-page 6 of 11, first paragraph motion-related to site
specific request #1 should read as follows: "Councilmember Faison moved to not forward
site specific request #1 for further study".
MOTION BY DEPUTY MAYOR MCCOLGAN TO APPROVE THE MINUTES OF
THE NOVEMBER 18,2003 REGULAR MEETING, AS CORRECTED (Clerk's note:
outlined above); SECOND BY COUNCILMEMBER KOCHMAR. The motion passed
as follows:
Burbidge
Gates
Kochmar
Park
VI.
yes
yes
yes
yes
Faison
Dovey
McColgan
yes
yes
yes
CITY COUNCIL BUSINESS
a.
b.
Annexation Area/Redondo East - (draft Resolution not movedforward)
Annexation Area/Brittany Lane
Annexation AreaINorth Lake
c..
Rox Burhans, city associate planner, presented the staff briefing on the three proposed
annexation areas, as well as answering a wide variety of Council questions.
Management Services Director Iwen Wang provided a detailed overview of the net fiscal
impact of the three annexation proposals.
Community Development Director Kathy McClung provided information on the city's sign
code restrictions and potential impacts on businesses in the proposed annexation areas.
Also addressed were concerns about the city's current imposed gambling taxes. Parks,
Recreation & Cultural Services Director Jenny Schroder briefly reviewed policies on future
park acquisitions for the proposed annexation areas. .
Federal Way City Council Regular Meeting Minutes
December 2, 2003 ~ Page 4 of 7
Following a lengthy discussion on the Redondo East area, the Council consensus was not to
go forward with the draft resolution to enter into an agreement with King County for
annexation of the Redondo East area at this time.
MOTION BY COUNCILMEMBER FAISON TO DIRECT STAFF TO PREPARE A
RESOLUTION INITIATING THE REDONDO EAST AREA ANNEXATION BY
ELECTION METHOD AFTER ADOPTION OF THE P AA STUDY; SECOND BY
COUNCILMEMBER DOVEY. The motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Dovey
McColgan
yes
yes
yes
MOTION BY COUNCILMEMBER FAISON TO DIRECT STAFF TO PREP ARE A
RESOLUTION INITIATING THE SW PARKWAYIBRITTANY LANE AREA
ANNEXATION BY ELECTION METHOD AFTER ADOPTION OF THE P AA
STUDY; SECOND BY COUNCILMEMBER DOVEY. The motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Dovey
McColgan
yes
yes
yes
MOTION BY COUNCILMEMBER FAISON TO DIRECT STAFF TO PREPARE A
RESOLUTION INITIATING THE NORTH LAKE AREA ANNEXATION BY
ELECTION METHOD AFTER ADOPTION OF THE P AA STUDY; SECOND BY
COUNCILMEMBER DOVEY. The motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Dovey
McColgan
d.
Police/Court Lease Extension
yes
yes
yes
Assistant City Manager Derek Matheson provided information on the new city hall
occupancy timeline, and detailed why staff is requesting a one-month lease extension for
the current police and municipal court facilities.
MOTION BY COUNCILMEMBER KOCHMAR TO AUTHORIZE THE CITY
MANAGER TO EXTEND THE LEASE FOR THE POLICE DEPARTMENT AND
MUNICIPAL COURT BY ONE MONTH TO JULY 31, 2004; SECOND BY
COUNCILMEMBER FAISON. The motion passed as follows:
Federal Way City Council Regular Meeting Minutes
December 2, 2003 - Page 5 of 7
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Dovey
McColgan
yes
yes
yes
e.
Settlement Agreement & Covenant Re: Traffic Impacts with Lloyd
Development Company
Assistant City Attorney Karen Jorgensen briefed Councilmembers on the proposed
amendment to the draft settlement agreement With Lloyd Development Company found on
page 6, paragraph 2-Additional Truck Trip Mitigation; attached hereto as Exhibit "A".
MOTION BY COUNCILMEMBER FAISON TO APPROVE THE SETTLEMENT
AGREEMENT BETWEEN LANDLLOYD AND THE CITY, AS AMENDED IN
SECTION 2, AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID
AGREEMENT CONTINGENT UPON STAFF'S REVIEW, ANALYSIS AND
APPROVAL OF THE BASELINE DOCUMENTATION; SECOND BY COUNCIL-
MEMBER GATES. The motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Dovey
McColgan
f.
City Council Retreat -- added item
yes
yes
yes
A lengthy discussion ensued pertaining to the date and location of the upcoming annual
Council retreat. Councilmembers expressed their reason.s for wanting to hold the retreat
locally Ys. going out of town-several preferred alternating locations for future retreats.
Several members felt it is important to schedule the retreat in November or earlier to
simplify finding a location and facilitator for future years. They discussed the merits of
alternating full vs. mini-session retreats. The suggestion was also made to add a section to
the Council Rules of Procedure to set out the retreat schedule to eliminate future scheduling
confusion.
MOTION BY DEPUTY MAYOR MCCOLGAN TO HOLD THE RETREAT IN
TOWN AND USE OUR LOCAL FACILITIES; SECOND BY COUNCILMEMBER
DOVEY. The motion passed as follows:
Burbidge
Gates
Kochmar
Park
yes
yes
yes
yes
Faison
Dovey
McColgan
yes
yes
yes
Federal Way City Council Regular Meeting Minutes
December 2, 2003 - Page 6 of 7
Council then discussed and established the preferred date for the upcoming retreat would
be January 16 and 17, 2004. If staff is unable to reserve a local facility (preferably
Dumas Bay), and to arrange for a facilitator for those two days, alternate dates discussed
were mid-week days during the fourth week of January, or February 13 and 14, 2004.
Assistant City Manager Donna Hanson will immediately commence a search for an
available location and facilitator-Council will be contacted and advised of her findings
as soon as possible.
VII.
CITY COUNCIL REPORTS
Councilmember Gates reported on transportation grant monies received for our area; she
also provided her monthly verbal and written progress update on Sound Transit projects,
including the city's transit center project-reflecting the major work elements/milestones.
Councilmember Kochmar reported on the Regional Water Quality Committee; she also
provided an update on the ACC and the Intercity Policy Board. She announced the next
meeting of the Parks/Recreation/Human Services/Public Safety Committee is scheduled for
December 8th, at 4 p.m.
Councilmember Park announced the next regularly scheduled meeting of the
FinancelEconomic Development/Regional Affairs Committee on December 23rd has been
canceled.
Councilmember Dovey had no report.
Councilmember Faison announced the Land Use/Transportation Committee will be
meeting on December 15th, at 5:30; discussion will focus on an update for the downtown
footprint of buildings~he encouraged Councilmembers and citizens to attend.
Deputy Mayor McColgan announced the U. S. Open swim meet will be held at the Aquatic
Center this weekend. He also announced the next meeting of the Lodging Tax Advisory
Committee will be held on December 12th, at 8:00 a.m.
Mayor Burbidge reported she will be attending the Regional Policy Committee meeting
tomorrow. She reminded everyone of the upcoming annual Christmas tree lighting on
Saturday, December 6t\ 4:00 p.m., at the SeaTac Mall (now known as "The Commons at
Federal Way"). She also mentioned upcoming local performing arts events being held
during the holiday season.
VIII.
CITY MANAGER REPORT
City Manager Moseley advised the architect has filed the building permit application for
the first floor of the new city hall facility, and plans to file the second floor permit
application later this week or next week.
Federal Way City Council Regular Meeting Minutes
December 2, 2003 - Page 7 of 7
He mentioned there are regional appointment opportunities available to interested
Councilmembers, adding that staff has prepared and distributed a matrix of available
positions this evening-if interested in serving on any of the regional committees, please
notify Mayor Burbidge as soon as possible.
As mentioned earlier by Deputy Mayor McColgan, the city is initiating a process to review
its cable franchise with Comcast, and is seeking community input through the means of a
public hearing scheduled for Wednesday, December 10,2003, at 7:00 p.m., in Council
Chambers. The hearing will provide citizens an opportunity to express their current and
future needs regarding the city's cable franchise.
As previously announced by Mayor Burbidge, the city's annual Christmas tree lighting
ceremony will be held this coming Saturday. Public Works staff are currently installing
holiday lights along major city streets for the season.
Mr. Moseley advised no executive session is requested this evening.
IX.
ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor
Burbidge adjourned the regular meeting at the hour of 9:40 p.m.
. Christine Green, CMC
City Clerk
2. Additional Truck Trip Mitigation.
The Property Owner/applicant shall be required
to construct improvements to 5th Avenue from the
project entrance south to Porter Way necessary to
accommodate truck traffic proj ected to be generated
by the proj ect at such time as (1) the cumulative
truck traffic generated by the master plan is
projected to exceed the "Year 2003 baseline truck
traffic" by 1 0% (or 1 0 round-triêl or (2) at such
time as the City of Milton agrees to lift the current
load restriction, whichever comes first. "Year 2003
baseline truck traffic" is 1 00.03 round-trip truck triê
per month generated by the Property
Owner's/applicant's current use on the property as
shown in Exhibit E (spreadsheet) and Exhibit F
(documentation' for baseline). Under no
circumstances shall a certificate of occupancy be
issued for any phase of the master plan that
generates truck trips in excess of the 10% stated
above until the improvements to 5th Avenue are
completed and approved by the City of Milton and
the City of Milton lifts the current load restriction
. . .
(( /J. Ii
EXmBIT r¡