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Council MIN 06-01-2004 Regular FEDERAL WAY CITY COUNCIL Council Chambers - City Hall June 1, 2004 - 7:00 p.m. Regular Meeting Minutes 1. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at the hour of 7:02 p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Jack Dovey, Eric Faison, Jim Ferrell, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Federal Way School Board Member Bob Millan led the flag salute. DEPUTY MAYOR KOCHMAR MOVED TO AMEND THE AGENDA FOR THIS EVENING'S MEETING, TO ADD AN EXECUTIVE SESSION, "PROPERTY ACQUISITION", PURSUANT TO RCW 42.30.110(1)(b); COUNCILMEMBER P ARK SECOND. Deputy Mayor Kochmar noted an issue pertaining to property acquisition has arisen which requires Council discussion therefore is requesting the matter be put on tonight's agenda under "XI. Executive Session". The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes III. PRESENTATIONS a. Planning Commission Introduction/Certificate of Appointment Council member Dovey was pleased to present Merle Pfeiffer with a certificate of appointment to the Planning Commission to fill an unexpired term through September 30, 2004; unfortunately Mr. Pfeiffer was unable to attend tonight's meeting. ORIGINAL Federal Way City Council Regular Meeting Minute.~ June /, 2004 - Page 2 (~f9 b. Parks & Recreation Commission/Appreciation Plaque (outgoing) Councilmember Burbidge noted although Bill Foulkes was unable to attend tonight's meeting, she wanted to read the plaque that will be given to him on behalf of his service on the Parks and Recreation Commission. c. Parks & Recreation Commission Introductions/Certificates of Appointment Councilmember Burbidge was pleased to introduce and present certificates of re- appointment to Don Dennis and George Pfeiffer and certificate of appointment to Joel Howitt for terms through April 30, 2007; she also presented Fred Konkell with a certificate of appointment for an unexpired term through April 30, 2005, and presented David Talcott with an appointment for an unexpired term through April 30, 2006; and further presented a certificate of appointment to Marie Sciacqua and Tom Medhurst for alternate commissioner positions through April 30, 2007. She thanked everyone who applied and all those who are stepping up to donation their time and energy to the commission. d. Introduction of New Employees/City Manager City Manger David Moseley announced there were no new employees to introduce tonight. e. Emerging Issues/City Manager City Manager David Moseley announced there were no emerging issues to discuss tonight. IV. CITIZEN COMMENT Bob Millan, Federal Way School Board Member, asked for the Council's support of the Federal Way School District becoming a "Go To" School District. Caroline Spencer, spoke in support of the Enterprise Neighborhood Traffic Safety Improvements on tonight's agenda. She urged Council pass this item, which would install speed humps in her neighborhood. V. CONSENT AGENDA a. b. Minutes/May 18, 2004 Regular Meeting-Pulled and approved separately City Center Access Study/Stakeholder Selection Approval-Pulled and approved separately Federal Way City Council Regular Meeting Minutes June I, 2004 - Page 3 of9 Lakota Wetland Regional Stormwater Facility Improvements Project/Bid A ward-Approved West Branch & Main Stem Lakota Creek Restoration ProiectlBid A ward Approved Enterprise Neíghborhood Traffic Safety/7th Ave SW-Pulled and approved separately SR 99 at So 333rd/SO 332nd Streets/Median Break Approved Potential Brown's Point Annexation Area-Pulled and approved separately Steel Lake Soccer Field/Final Acceptance & Release of Retainage Approved New City Hall/Use of Project Savings & Contingency Funds Approved c. d. e. f. g. h. 1. DEPUTY MAYOR LINDA KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER BURBIDGE SECOND. Councilmember Burbidge pulled item (a)/Minutes/May 18, 2004 Regular Meeting. Councilmember Dovey pulled items (b)/City Center Access Study/Stakeholder Selection Approval and item (e)/Enterprise Neighborhood Traffic Safety/7th Ave SW. Councilmember Faison pulled item (g)/Potential Brown's Point Annexation Area. The motion to approve items (c), (d), (f), (h), and (i) passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Item (a)/Minutes/May 18, 2004 Regular Meeting: Councilmember Burbidge noted the draft minutes have been amended and copied to each Councilmember. COUNCILMEMBER BURBIDGE MOVED THE APPROVAL OF THE MINUTES OF THE MAY 18, 2004 REGULAR MEETING; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes June I, 2004 - Page 4 of9 Item (b )/City Center Access Study/Stakeholder Selection Approval: Councilmember Dovey noted he would like to have a staff update on this item in hopes there are additional names to add to the list. Public Works Traffic Engineer Maryanne Zukowski was pleased to report there are currently thirty-two (32) members on the stakeholder list. She noted the list is comprised of nineteen (19) citizens, seven (7) agency representatives, and six (6) elected officials. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE CITY CENTER ACCESS STUDY /ST AKEHOLDER SELECTION AS PRESENTED; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Item (e)/Enterprise Neighborhood Traffic Safety/7th Ave SW: Councilmember Dovey was pleased to see this item on tonight's agenda, as it is the result of concerned citizens who went through the process to make changes in their cOlmnunity. COUNCILMEMBER DOVEY MOVED APPROVAL OF ITEM (e)/ ENTERPRISE NEIGHBORHOOD TRAFFIC SAFETY 17TH AVE SW AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Item (g)/Potential Brown's Point Annexation Area: Councilmember Faison noted this item was forwarded from the Land Use/Transportation Committee full Council with the recommendation to initiate a Pierce County Comprehensive Plan amendment which would give the citizens a choice between the city or King County. After discussing with colleagues and staff, he prefers to forward all four items from page three of the staff report. COUNCILMEMBER FAISON MOVED TO APPROVE ALL FOUR ITEMS FROM PAGE THREE OF THE STAFF REPORT, WHICH ARE: (1) INITIATE Federal Way City Council Regular Meeting Minutes June 1,2004 - Page 5 of9 DISCUSSION WITH CITY OF TACOMA, (2) INITIA TE PIERCE COUNTY COMPREHENSIVE PLAN AMENDMENT, (3) PROCESS FEDERAL WAY COMPREHENSIVE PLAN AMENDMENTS - SEPA REVIEW, (4) GATHER ADDITIONAL GIS DATA; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VI. PUBLIC HEARING Potential Annexation Area Subarea Plan Mayor McColgan read procedures to be followed for the Public Hearing and opened the hearing at 7:25 p.m. Councilmember Ferrell announced he would recuse himself and left Council Chambers for the Public Hearing portion of the agenda. . Staff Report Federal Way's Planning Consultant Gregg Dorhn made a brief presentation to Council regarding the Potential Annexation Area Subarea Plan. . Citizen Comment Suzie Horan spoke in support of the rezone of the Jackson property. Thomas Barnes spoke in support of the rezone of the Jackson property. Carla LaStella spoke in opposition of changing the zoning on the Jackson property. Bryan Cope spoke in opposition of changing the zoning on the Jackson property. Louise Davis spoke in support of rezoning her property. Steve McNey spoke in support of the rezone of the Jackson property. Lee Rabie spoke in support of rezoning his property located between 288tl1 and I - 5. Federal Way City Council Regular Meeting Minutes June I, 2004 - Page 60/9 . Council Directive to Staff Council asked various questions of the consultant. Councilmember Ferrell returned to Chambers at 8:00 p.m. COUNCILMEMBER DOVEY MOVED POTENTIAL ANNEXATION AREA (P AA) SUBAREA PLAN TO SECOND READING. (Motion dies for lack of a second.) City Attorney Pat Richardson noted a point of order, that no motion is needed as a second public hearing is already scheduled for July 6, 2004. At 8:05 p.m. Mayor McColgan announced the first Public Hearing on the Proposed Final Potential Annexation Area (PAA) Subarea Plan is now closed. A second Public Hearing will be conducted on July 6th. COUNCILMEMBER DOVEY MOVED TO DIRECT STAFF TO SCHEDULE A SECOND PUBLIC HEARING AND PREPARE AND ORDINANCE FOR FIRST READING ON JULY 6, 2004, ADOPTING THE PROPOSED POTENTIAL ANNEXATION AREA SUBAREA PLAN AS RECOMMENDED; COUNCILMEMBER FAISION SECOND. The motion passed 6-0 as follows: Burbidge Dovey Faison Ferrell yes yes yes recused Kochmar McColgan Park yes yes yes VII. COUNCIL BUSINESS a. Middle School Forbearance Agreement Public Works Deputy Director Ken Miller gave a brief report on the Middle School Forbearance Agreement. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE MIDDLE SCHOOL FORBEARANCE AGREEMENT AS PRESENTED AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT; COUNCILMEMBER FAISON SECOND. The motion passed as follows: Burbidge Dovey yes yes Kochmar McColgan yes yes Federal Way City Council Regular Meeting Minutes June I, 2004 - Page 7 of9 Faison Ferrell yes yes Park yes b. Mutual Release & Settlement Agreement between DPK & City/23rd Ave So Road Improvements/ So 316th St to So 324th St Project Public Works Director Cary Roe gave a report on the Mutual Release & Settlement Agreement between DPK and the city. COUNCILMEMBER DOVEY MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE MUTUAL RELEASE AND SETTLEMENT AGREEMENT WITH DPK, INC. IN THE AMOUNT OF $75,000.00; COUNCILMEMBER FERRELL SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Amendments to the Federal Way Comprehensive Plan and Federal Way City Code Chapter 22, Article XI/Adding a Freeway Commercial Zoning Classification c. Federal Way's Planning Consultant Janet Shull gave a brief report to Counci I regarding this item. COUNCILMEMBER DOVEY MOVED TO DIRECT STAFF TO PREP ARE A RESOLUTION DISAPPROVING THE PROPOSED FREEWAY COMMERICAL ZONING DESIGNATION FOR ACTION ON JULY 20, 2004; COUNCILMEMBER P ARK SECOND. Councilmembers questioned the consultant on various issues and discussed the proposal including the benefits and drawbacks at this time. Councilmember Burbidge stated she feels this proposed zone has some potential benetìts and does not support the motion at this time. The motion passed 6-1 as follows: Burbidge Dovey Faison Ferrell no yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes June I, 2004 - Page 8 of9 VIII. CITY COUNCIL REPORTS Councilmember Ferrell noted he had no report this evening. Councilmember Park announced the next meeting of the Lodging Tax Advisory Committee would be held June 4th at 8:00 a.m. in the Mt. Baker conference room. He noted the meeting would be a continuation of the annual retreat. Deputy Mayor Kochmar announced she would be attending the next meeting of the Airport Communities Coalition on June 2nd; she encouraged everyone to attend the upcoming Red, White, and Blues festival on July 4th. Councilmember Burbidge announced the next meeting of the Parks/Recreation/Human Services/Public Safety Committee meeting would be held June 14th at 5:00 p.m. in the Mt. Baker conference room. She noted she attended a joint meeting with the City and the Chamber regarding the Regional Transportation Investment District. She also encouraged citizens to attend the Department of Transportation Scoping Meeting at the Federal Way Branch of Highline Community College on June 3rd; this meeting will be an opportunity to review the planning process and give citizen comment on the Hwy 18/I -5/Enchanted Parkway Interchange. She further encouraged citizens to attend the upcoming events for the Federal Way Symphony and Centerstage Theatre. Councilmember Dovey announced the next meeting of the Land Use/Transportation Committee would be canceled due to a lack of agenda items; the next regular meeting would be June 21 st. He noted he would be attending the City/Chamber Economic Development meeting on Thursday, June 4th. Councilmember Faison announced the Council would be holding a Special Study Session to hear a presentation on "Lifestyle" retail centers on June 3rd at 7:00 p.m. in Council Chambers. He also announced the next meeting of the Finance/Economic Development/Regional Affairs Committee would be held June 14th at 5:30 p.m. in Mt. Baker conference Room. Mayor McColgan noted the "Relay for Life" is this weekend, Saturday, June 5th at the Federal Way Memorial Stadium. He encouraged everyone to participate in either the walk or with donations to this very worthy cause. IX. CITY MANAGER REPORT City Manager David Moseley noted the New City Hall project is a little over a month from completion of the Police and Court facility. He noted the move in date is scheduled for the Federal Way Ci(V Council Regular Meeting Minute.~ June 1,2004 - Page 9 ~f9 second weekend in July due to the holiday the weekend prior. He also stated the City Hall move is still scheduled in August. Mr. Moseley reminded everyone the Volunteer Recognition Dinner would be held Friday, June 4th at Northwest Church. He noted this was a great opportunity for Council and staff to recognize the many volunteers on boards, commissions, and in other capacities for the city. He was pleased to report the city received sixty (60) land-use applications in the month of May, which is an all-time record in the history of the city. He noted the previous record was forty-five (45) applications received. He noted the front counter staff in Community Development has been very busy, and are working to still maintain deadlines with the increased workload. City Manager David Moseley further announced the need for an Executive Session for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30.110(1 )(i), and Property Acquisition/Pursuant to RCW 42.30.110(1)(b); for approximately thirty minutes. X. EXECUTIVE SESSION At 8:43 p.m. Mayor McColgan announced Council would be recessing into Executive Session for approximately thirty minutes. (ADDED) Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) Property Acquisition/Pursuant to RCW 42.30.l10(1)(b) Council returned to Chambers at 9: 12 p.m. Xl. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor McColgan adjourned the regular meeting at 9:12 p.m.