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Council MIN 07-06-2004 Regular FEDERAL WAY CITY COUNCIL Council Chambers - City Hall Regular Meeting July 6, 2004 -7:00 p.m. Minutes I. CALL MEETING TO ORDER Mayor McColgan called the Regular Meeting of the Federal Way City Council to order at the hour of7:08 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 Public Works Director Cary Roe led the flag salute. III. PRESENTATIONS a. Introduction of New Employees/City Manager City Manager David Moseley was pleased to announce Mark Rodmyre has been hired as the city's newest Recruit Police Officer; and Timothy Thomas has been hired as a new lateral Police Officer. He welcomed them both and noted they will be sworn in at a later date. b. Emerging Issues/City Manager City Manager David Moseley announced there we no emerging issues to discuss tonight. IV. CITIZEN COMMENT Norman Ingersoll, spoke in opposition to the Potential Annexation Area on tonight's agenda. He questioned if an environmental study had been done and representation from the annexation area on the Council. OR I GINAL Federal Way City Council Regular Meeting Minutes Ju(y 6, 2004 - Page 2 of 10 Mayor McColgan asked City Manager David Moseley to have a staff member contact Mr. Ingersoll regarding his questions. Carla LaStella, spoke in opposition to the rezone of the Jackson property, she is concerned with potential impacts to the neighborhood as a result of a rezone and subsequent development. H. David Kaplan, complimented the Federal Way Police Department on their fireworks patrol, noting his neighborhood was firework free. He also urged the Council to pass item VII (a), to place a levy lid lift on the November ballot. V. a. b. c. d. e. f. g. h. l. J. k. 1. CONSENT AGENDA Minutes/June 15, 2004 Regular Meeting -Approved Narcotics K-9 Ownership Agreement/W A State Patrol & FW Police Dept- Approved 2004 Bulletproof Vest Partnership Grant-Approved Washington Conservation Corps Interlocal Agreement-Approved "Pray Federal Way" Event at Saghalie Park-Approved Jim Webster Memorial Field-Pulled and Approved Separately Grant Funding Application/Transportation Improvement Proiects- Approved 2005 Street Sweeping Service/Authorization to Bid-Approved 2005 Landscape Maintenance Service/Authorization to Bid-Approved Bellacarino Woods Sewer Extension/Bid A ward-Approved Proposed Modification to Cottages at Hoyt Road/Preliminary Plat - Resolution-Approved Resolution #04-416 Interlocal Agreement for Jail Administration-Approved Councilmember Burbidge pulled item (O/Jim Webster Memorial Field. DEPUTY MAYOR KOCHMAR MOVED APPROV AL OF CONSENT AGENDA ITEMS (a), (b), (c), (d), (e), (g), (h), (i), G), (k), AND (I), AS PRESENTED; COUNCILMEMBER PARK SECOND. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell Kochmar McColgan Park yes yes yes yes yes yes yes Consent Item CD/Jim Webster Memorial Field: Federal Way City Council Regular Meeting Minutes July 6, 2004 - Page 3 of 10 Councilmember Burbidge noted Jim Webster was a member of Federal Way's first City Council and was dedicated to parks and recreation in the community. She was pleased to make to motion to approve this item. COUNCILMEMBER BURBIDGE MOVED APPROV AL OF THE JIM WEBSTER MEMORIAL FIELD 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 VI. PUBLIC HEARINGS a. Potential Annexation Area Subarea Plan (2/1d required public hearing) Councilmember Ferrell recused himself from this item and left Council Chambers. Mayor McColgan read into the record the procedures to be followed for the public hearing and opened the public hearing at 7:22 p.m. . Staff Report Community Development Services Associate Planner Isaac Conlen gave a brief report on this item. . Citizen Comment Suzie Horan, spoke to Council in support of the Jackson property rezone. Steve McNey, also spoke in support of the rezone of the Jackson property. Thomas Barnes, spoke in support of the Jackson property rezone. Pam Ditzhazy, spoke in opposition to the Jackson property rezone, and noted she is concerned about the effect it will have on their neighborhood. (Clerk's Note: See additional citizen comments on this subject given under General Citizen Comment portion of the agenda.) . Council Directive to Staff Federal Way City Council Regular Meeting Minutes Ju(y 6, 2004 - Page 4 of /0 Councilmembers asked various questions of Mr. Conlen and Deputy Community Development Services Director Greg F ewins. Hearing no further comments, Mayor McColgan closed the Public Hearing at 7:35 p.m. Council member Ferrell returned to chambers at 7:36 p.m. b. Disposal of Surplus City Property/Resolution #04-417 Mayor McColgan read into the record the procedures to be followed for the public hearing and opened the public hearing at 7:36 p.m. . Staff Report Assistant City Manager Derek Matheson gave a brief outline and report on this issue. . Citizen Comment (3-minute limit) There was no citizen comment given on this item. . Council Directive to Staff COUNCILMEMBER FAISON MOVED APPROV AL OF THE FINANCE/ECONOMIC DEVELOPMENT REGIONAL AFFAIRS COMMITTEE'S RECOMMENDATION TO APPROVE THE RESOLUTION AND DIRECT THE CITY MANAGER NOT TO SELL ANY FURNITURE CURRENTLY LOCATED IN THE OLD CITY HALL UNTIL COUNCIL MAKES A DECISION WHETHER TO CREATE A BUSINESS INCUBATOR, OTHERWISE KEEP THE BUILDING, SELL IT, OR LEASE IT; COUNCILMEMBER FERRELL SECOND. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VII. CITY COUNCIL BUSINESS a. Seeking Voter Approval to Maintain Current Property Tax Rate in 2005 (Property Tax "Lid Lift") Federal Way City Council Regular Meeting Minutes July 6, 2004 - Page 5 of JO City Manager David Moseley gave a brief introduction for this item, noting it was prepared in response to a potential initiative which if passed would cut the property tax by 25%. He asked for Council direction to either proceed or drop for the upcoming November ballot Councilmembers discussed allowing the residents the opportunity to voice their opinion regarding the level of property tax for Federal Way, and not allowing a statewide initiative to dictate. They discussed the need for stabilization of property taxes, which fund many important services, and where the city only receives approximately 10% of all property taxes collected. They also voiced concerns regarding future initiatives that could have such severe potential cuts, which could have affected many needed programs such as public safety, human services, parks and recreation, and streets. Councilmember Ferrell disagreed with a levy lid lift and stated he is opposed to placing this on the ballot. DEPUTY MAYOR KOCHMAR MOVED TO DIRECT STAFF TO DRAFT A RESOLUTION FOR COUNCIL TO CONSIDER AT THE JULY 20 COUNCIL MEETING. Motion dies for lack of a second. COUNCILMEMBER DOVEY MOVED TO HAVE CITY STAFF CONTINUE TO LOOK INTO THE POSSIBILITY OF PLACING A LEVY LID LIFT ON THE NOVEMBER BALLOT TO COME BACK TO THE COUNCIL THIRTY DAYS PRIOR TO THE DEADLINE FOR SUBMISSION TO PLACE ON THE NOVEMBER BALLOT, AND FURTHER MOVED TO HAVE CITY STAFF LOOK AT ALL ALTERNATIVES OF STRUCTURING FOR A POTENTIAL MULTI- YEAR OR SINGLE YEAR VOTE; COUNCILMEMBER FAISON SECOND. The motion passed 6-1 as follows: Burbidge Dovey Faison Ferrell yes yes yes no Kochmar McColgan Park yes yes yes b. Retail/Commercial Market Study for City Center (Postponed from 6/15/04 Regular Meeting) COUNCILMEMBER FAISON MOVED TO REALLOCATE $50,000 FROM THE ELECTRONIC KIOSK AND $5,000 FROM THE DOWNTOWN "STORYBOARDS", PLUS ACCUMULATED INTEREST, TO FUND FOR THE CITY COUNCIL APPROVED CITY CENTER REDEVELOPMENT STRATEGIES WORK PLAN. SPECIFIC EXPENDITURES OF THESE FUNDS WILL REQUIRE CITY COUNCIL APPROVAL; COUNCILMEMBER FERRELL SECOND. The motion passed unanimously as follows: Federal Way Ci(y Council Regular Meeting Minutes Ju(y 6, 2004 - Page 6 of 10 Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes c. Revised Parkway Annexation Boundary/Resolution #04-418 Community Development Services Associate Planner Isaac Conlen gave a presentation to Council regarding the revised Parkway Annexation Boundary. He reported the revision is due to the bisecting of three lots in the Stone Creek subdivision between the Milton and Federal Way PAA. In efforts to place this item on the November ballots, the Boundary Review Board recommended this area be taken out of the planned annexation. Additional lots north of the Stone Creek development were also taken out to make a more regular corporate boundary. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE STAFF RECOMMENDATION AND THE APPROVAL OF THE RESOLUTION CALLING FOR AN ELECTION TO PUT BEFORE THE VOTERS THE QUESTION OF ANNEXATION OF THE REVISED PARKWAY AREA AND TO DIRECT STAFF TO FILE A NOTICE OF INTENT WITH THE KING COUNTY BOUNDARY REVIEW BOARD; COUNCILMEMBER PARK SECOND. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VIII. INTRODUCTION ORDINANCES Councilmember Ferrell left Council Chambers for discussion on this item. a. Council Bill #340/Proposed Potential Annexation Area Subarea Plan AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING A NEW CHAPTER EIGHT "POTENTIAL ANNEXA TION AREA SUBAREA PLAN" OF THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, AMENDING CHAPTER TWO "LAND USE", AMENDING CHAPTER FOUR "ECONOMIC DEVELOPMENT" AND REPEALING THE EXISTING CHAPTER EIGHT "POTENTIAL ANNEXATION AREAS." COUNCILMEMBER DOVEY MOVED COUNCIL BILL #340/PROPOSED POTENTIAL ANNEXATION AREA SUBAREA PLAN TO SECOND Federal Way City Council Regular Meeting Minutes Jll(V 6, 2()O4 - Page 7 (~f /0 READING/ADOPTION AT THE NEXT REGULAR COUNCIL MEETING ON JUL Y 20, 2004; COUNCILMEMBER PARK SECOND. The motion passed 6-0 as follows: Burbidge Dovey Faison Ferrell yes yes yes recused Kochmar McColgan Park yes yes yes Council member Ferrell returned to Council Chambers. b. Council Bill #3411Christian Faith Center Rezone & Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO LAND USE, ADOPTING AMENDMENT TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN AND ADOPTING AMENDMENTS TO THE CITY'S ZONING MAP, CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING FOR 49.97 ACRES LOCATED SOUTH OF S. 336TH STREET BETWEEN PACIFIC HIGHWAY SOUTH AND INTERSTATE 5 FROM BUSINESS PARK (BP) TO MULTIFAMILY RESIDENTIAL 3600 (RM 3600), AND ADOPTING AN ASSOCIA TED CONCOMITANT AND DEVELOPMENT AGREEMENT AND DEVELOPMENT PLAN. COUNCILMEMBER FERRELL MOVED COUNCIL BILL #3411CHRISTIAN FAITH CENTER REZONE AND AGREEMENT TO SECOND READING/ADOPTION AT THE NEXT REGULAR MEETING ON JULY 20, 2004; COUNCILMEMBER DOVEY SECOND. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes c. Council Bill #342/Comprehensive Plan Site Specific AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENT TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN. COUNCILMEMBER DOVEY MOVED COUNCIL BILL #342/COMPREHENSIVE PLAN SITE SPECIFIC TO SECOND READING/ADOPTION AT THE NEXT REGULAR MEETING ON JULY 20, 2004; COUNCILMEMBER PARK SECOND. The motion passed unanimously as follows: Burbidge Dovey yes yes Kochmar McColgan yes yes Federal Way City Council Regular Meeting Minutes July 6, 2004 - Page 8 (~f /0 Faison Ferrell yes yes Park yes IX. CITY COUNCIL REPORTS Councilmember Ferrell reported on his recent ride along with a Federal Way Officer, he was very impressed with every office he came in contact with and all the details their jobs entail. He also was pleased to report he attended the wonderful Red, White and Blues Festival at Celebration Park; he thanked all involved. Councilmember Park noted he also attended the Red, White, and Blues Festival at Celebration Park, and thanked the Parks and Public Safety Department for such a tine job each year. He further noted the next meeting of the Lodging Tax Advisory Committee would be held July 9th at 8:00 a.m. in the Mt. Baker Conference Room. Deputy Mayor Kochmar echoed comments made regarding the Red, White, and Blues Festival; she thought it was the most well attended event yet. The thanked all staff and volunteers who worked to make is such a wonderful event. She spoke to congratulate and thank many local businesses and community members for their contributions to the community, and reminded everyone of the upcoming Salmon Bake at the end of the month at Steel Lake Park, and Festival Days in late August. Councilmember Burbidge also extended "kudos" to the Parks and Recreation staff and Public Safety staff for such a wonderful Red, White, and Blues Festival this year; she noted it was an enjoyable time for everyone. She announced the next meeting of the Parks/Recreation/Human Services/Public Safety Committee meeting would be held Monday, July lih at 5:00 p.m. in Mt. Baker Conference Room. She further reported she would be attending the Puget Sound Regional Council - Regional Transportation Policy Board where they will be discussing (1) transit hub funding - for the Federal Way Transit Center, (2) funding for HOV lanes for Pacific Highway South, and (3) planning and environmental work and construction for Phase III Pacific Highway Improvements. She further encouraged everyone to attend the many community performances including the Federal Way Symphony's Garden Tour on Saturday, July 1 ih. Councilmember Dovey encouraged citizens to visit the Federal Way Farmer's Market in the Sears parking lot of the Commons, each Saturday morning through October. He announced the next meeting of the Land Use/Transportation Committee would be held July 19th at 5:30 p.m. in Council Chambers. Councilmember Faison announced the next Finance/Economic Development/Regional Affairs Committee would be July 13th at 5:30 p.m. he reported the committee would be discussing selection criteria for a potential downtown consultant. He also noted the Federal Way City Council Regular Meeting Minutes July 6, 2004 - Page 9 of 10 possibility of scheduling a special meeting in the near future to receive a presentation from potential consultants. Mayor McColgan reported he attended along with many other colleagues the Association of Washington Cities (A WC) Conference in Ocean Shores where he was successfully elected to the Board of Directors for this district. He thanked his colleagues and City Manager for assisting him in campaigning for the position and looks forward to working with the A WC on many different issues. x. CITY MANAGER REPORT City Manager David Moseley reported the estimated attendance at the Red, White, and Blues Festival was 17,000 people, as reported by the Fire Department. This is the largest ever, he thanked all the departments, staff, and volunteers involved who made this a wonderful event. He was pleased to announce the certificate of occupancy for the first floor of the new City Hall was issued, and the Police Department and Municipal Courts are beginning to make the move, which will be done primarily over the weekend. Mr. Moseley followed up a previous report on the city scoring high at a recent Puget Sound Regional Council Board Meeting for the Highway 99 Phase III project. He noted we were recently informed we will receive a federal grant for $3.36 million under the regional funding category and another $778,000 grant under the countywide category. This is great news for this project, which will overhaul the highway between 284[11 Street and Dash Point Road. City Manager David Moseley was also pleased to report our city has been moved from a Class 4 to a Class 2 rating on the building code effectiveness as determined by the Washington Survey and Rating Bureau. He noted this would reduce insurance costs for owners of new buildings in Federal Way by 23 % for earthquake insurance and 10% for other coverage. He congratulated Mary Kate Martin and her staff on this accomplishment. He was pleased to report the Police Department is now fully staffed and preparing a wait list for future vacancies. He congratulated the Chief on this major accomplishment. Mr. Moseley also congratulated Human Services Manager Angelina Allen-Mpyisi on receiving her Masters Degree in Organizational Planning from Phoenix University. He further announced the Executive Session schedule for this evening has been canceled. Federal Way City Council Regular Meeting Minutes July 6, 2004 - Page J() of J() XI. EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) -CANCELED XII. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor McColgan adjourned the regular meeting at 8:42 p.m.