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Council MIN 11-16-2004 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall November 16,2004 - 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 of7:11 p.m. . Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and 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 Deputy Mayor Kochmar led the flag salute. Mayor McColgan welcomed the youth and adult members of the current Advancing Leadership Class who were in attendance, and invited Program Director Terri Hickel to say a few words about the program. III. PRESENTATIONS a. Certificate of Appreciation/Pete von Reichbauer Mayor McColgan read and presented the Certificate of Appreciation to King County Councilmember and Sound Transit Boardmember Pete von Reichbauer, thanking him for his assistance in securing $1,000,000 for the grid road located to the west of the Sound Transit Facility in Federal Way-Mr. von Reichbauer expressed his appreciation for the City Council's recognition. b. Introduction of New Employees/City Manager City Manager Moseley reported there are no new employees. c. Emerging Issues/City Manager Mr. Moseley advised there are no emerging issues to be presented at this time. ORIGINAL Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 2 of 9 IV. CITIZEN COMMENT Kathy Franklin - spoke in tàvor of the city's proposed community center. Barbara Reid - expressed concerns about the huge overrun costs for the proposed community center-she feels the community is deserving of the facility, and doesn't want the project compromised. Mike Anderson - spoke in favor of the proposed community center focusing on the pool facilities. Patrick Redmond and Mike Condos - spoke in opposition to the resolution approving the Ventana final plat. Allen Overland and Tom Barghausen - representing the Ventana plat developer indicated they have spent a great deal of time and money working with city staff to conform with the city code on the project. H. David Kaplan - expressed his gratitude to the Council for the 2005-2006 budget, especially by restoring monies to parks and public safety. V. a. b. c. d. e. f. g. h. 1. J. k. 1. CONSENT AGENDA Minutes/November 2, 2004 Regular Meetin.g - Approved Vouchers - Approved September 2004 Quarterly Financial Report - Approved Council Bill #348/Critical Aquifer Recharge Areas & Wellhead Protection Areas Code Amendment - Approved Ordinance No. 04-468 2005 Legislative Agenda and Policies - Approved Resolution No. 04-434 2004-2005 Diversity Commission Business Plan - Approved 2004-2005 Youth Commission Work Plan - Approved Centerstage Theater Conservatory Lease of Space in Steel Lake Annex - Approved Armstrong Property Park Name - Approved Human Services Commission Appointment (unexpired term) - Approved Appointment of City Representatives to Metropolitan Solid Waste Manage- ment Advisory Committee - Approved Proposed Site Lease Renewal for Nextel - Item inadvertently omitted from motion to approve consent items/to be placed on December 7, 2004 agenda for consideration Councilmember Burbidge pulled consent agenda items (f), (g), (i) and U) for discussion purposes. Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 3 of 9 MOTION BY COUNCILMEMBER DOVEY TO APPROVE CONSENT ITEMS (a), (b), (c), (d), (e), (h), (k); SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Consent item (t)/2004-2005 Diversity Commission Business Plan: Councilmember Burbidge spoke briefly to the commission's proposed business plan. MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE THE 2004-2005 DIVERSITY COMMISSION BUSINESS PLAN AS PRESENTED; SECOND BY COUNCILMEMBER FERRELL. The motion passed as fol1ows: Burbidge Dovey Faison Ferrel1 yes yes yes yes Kochmar McColgan Park yes yes yes Consent item (g)/2004-2005 Youth Commission Work Plan: Councilmember Burbidge again spoke to the commission's proposed work plan. MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE THE 2004-2005 YOUTH COMMISSION WORK PLAN AS PRESENTED; SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Consent item (i)/Armstrong Property Park Name: Councilmember Burbidge explained the proposed name of the park is due to the abundance of Madrona trees on the site and the close proximity to the Madrona Meadows Subdivision; the reasoning aligns with the criteria outlined in Resolution No. 91-57. Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 4 of 9 MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE MADRON A PARK AS THE NAME TO BE GIVEN TO THE NEIGHBORHOOD PARK BEING CONSTRUCTED AT THE ARMSTRONG PROPERTY; SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Consent item (j)/Human Services Commission Appointment (unexpired term): Councilmember Burbidge thanked outgoing Human Services Commissioner Keri Newport for her services on the commission; she was unable to complete her term as she and her family have moved away from the city. MOTION BY COUNCILMEMBER BURBIDGE TO APPOINT NANCY ROBERTSON AS A VOTING MEMBER OF THE HUMAN SERVICES COMMISSION, TO FILL THE UNEXPIRED TERM OF COMMISSIONER KERI NEWPORT THROUGH JANUARY 31, 2006; SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VI. PUBLIC HEARING Disposal of Surplus City Property/Old City Hall Facility . Staff Report . Citizen Comment . City Council Deliberation/Action Mayor McColgan introduced the hearing procedure format and opened the public hearing at 7:44 p.m. Management Services Director Iwen Wang provided a briefìng on the action to be taken by Council, in accordance with state law. There being no citizens wishing to comment or any action required to be taken by the CounciL Mayor McColgan closed the public hearing at 7:47 p.m. Federal Way City Council Regular Meeting Minutes November 16,2004 - Page 5 of9 VII. CITY COUNCIL BUSINESS a. Planning Commission Appointments MOTION BY MAYOR MCCOLGAN TO APPOINT THE FOLLOWING PERSONS TO THE CITY'S PLANNING COMMISSION: THREE 4-YEAR TERMS EXPIRING SEPTEMBER 30, 2008 - DAVE OSAKI, MERLE PFEIFER AND BILL DRAKE; ONE I-YEAR UNEXPIRED TERM ENDING SEPTEMBER 30,2005 - LAWSON BRONSON; AND ONE ALTERNATE WITH A TERM EXPIRING ON SEPTEMBER 30, 2008 - PAM DUNCAN-PIERCE; SECOND BY DEPUTY MA YOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes b. Ventana Final Plat - Resolution Councilmember Dovey said the SEP A trees are distinct to the project and must be planted prior to approval of the final plat-he wants the applicant to finalize planting of all the required trees before the Council approves the final plat. MOTION BY COUNCILMEMBER DOVEY TO RETURN VENT ANA FINAL PLAT TO THE APPLICANT TO COMPLETE THE CONDITION OF PLANTING THE SEP A TREES-UPON COMPLETION, STAFF WILL VERIFY THE CONDITIONS HAVE BEEN MET AND RETURN THE FINAL PLAT TO THE COUNCIL AS A WHOLE; SECOND BY COUNCILMEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VIII. INTRODUCTION ORDINANCES a. Council Bill #349/2005-2006 Biennial Budget AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2005- 2006 BIENNIAL BUDGET Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 6 of 9 City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER DOVEY. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #350/2005 Property Tax Rate AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2005. City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER FERRELL. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes c. Council Bill #351/Admissions Tax AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL W ^ y, WASHINGTON, AMENDING FEDERAL WAY CODE CHAPTER 14, ARTICLE IV, SECTION 153 RELATING TO PERSONS SUBJECT TO TAX (AMENDING ORDINANCE NO. 02-432). City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER FERRELL. The motion passed as follows: Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 7 of 9 Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes d. Council Bill #352/Business License Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE, CHAPTER 9, ARTICLE II, SECTION 31 RELATING TO PAYMENT OF FEES-DELINQUENT PAYMENT REGARDING BUSINESS REGISTRATION (AMENDING ORDINANCE NO. 91-86). City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes e. Council Bill #353/Massage License Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE, CHAPTER 9, ARTICLE IX, SECTION 475 RELATING TO MASSAGE LICENSING FEES AND PENALTIES (AMENDING ORDINANCE NO. 95-229). City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER P ARK. 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 November 16, 2004 - Page 8 of 9 f. Council Bill #354/Bathhouse License Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTIONS OF CHAPTER 9, ARTICLE X, SECTION 615 OF THE FEDERAL WAY CITY CODE REGARDING BATHHOUSE LICENSING FEES AND PENALTIES (AMENDING ORDINANCE NO. 95-230). City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes IX. CITY COUNCIL REPORTS Councilmember Faison repùrted the next meeting of the Finance/Economic Development/ Regional Affairs Committee will be held on November 23rd, at 5:30 p.m. Councilmember Dovey announced the next meeting of the Land Use/Transportation Committee is scheduled for November 29th, at 5:30 p.m. Councilmember Burbidge reported the next meeting the of Parks/Recreation/Human Services/Public Safety Committee will be held on December 13th, at 5:00 p.m. She also reported on her attendance at the Regional Transit Committee meeting, and the recent City of Des Moines' ribbon cutting for the completion of the new section of Pacific Highway South. She will be attending upcoming meetings of the Puget Sound Regional Council Advisory Committee, the South County Area Transportation Board and the State Transportation Improvement Board. Deputy Mayor Kochmar thanked the Diversity Commission for the recent Community Night-the event was very enjoyable. Councilmember Park received an invitation to attend the HUD Regional 10 information session-Councilmember Burbidge and city staff were also among the invitees. Councilmember Ferrell reported on his appointment to the Jail Advisory Group for South King County Cities. He attended the recent Lakehaven/City Liaison meeting with Mayor McColgan. Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 9 of 9 Mayor McColgan thanked the Diversity Commission and the Samoan community for the wonderful Community Night event. He recently attended the King County Mayors' meeting, and will be attending the upcoming SCA annuall11eeting and A WC Legislative Committee meeting. X. CITY MANAGER REPORT City Manager David Moseley announced the three area annexations were successful during the recent general election. Staff is currently working on informational brochures-they will be mailed out shortly to welcome the newest citizens to our community. The city's goal is to take over the three jurisdictions by January 1, 2005-in any event no later than February 28, 2005. Mr. Moseley announced the necessity of an executive session for purposes of considering the sale or lease of property pursuant to RCW 42.30.110(1)( c), and potential litigation pursuant to RCW 42.30.110(1 )(i)-expected time is 45 minutes. XI. EXECUTIVE SESSION a. To Consider Sale or Lease of Property/Pursuant to RCW 42.30.110(1 )(c) Potential Litigation/Pursuant to RCW 42.30.11 O( 1 )(i) b. At 8:33 p.m., Mayor McColgan announced the Council would be recessing into Executive Session. Council returned to chambers at 8:55 p.m. XII. ADJOURNMENT Being no additional business to come before the Federal Way City Council, Mayor McColgan adjourned the regular meetin J at the hour of 8:55 p.m. ( a/~¿~ N. Christine Green, CMC City Clerk