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Council MIN 04-05-2005 Regular Federal Way City Council Regular Meeting Minutes April 5, 2005 - Page 1 of 9 . FEDERAL WAY CITY COUNCIL Council Chambers - City Hall AprilS, 2005 - 7:00 p.m. Minutes ORIGINAL I. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at 7:02p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and Councilmembers Jeanne Burbidge, Jack Dovey, Jim Ferrell, Eric Faison and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE . Mayor McColgan called upon Boy Scout Troop #305 to lead the flag salute. III. PRESENTATIONS a. Introduction of New Employees/City Manager City Manager Moseley introduced Tamara Wilkins-Johnson as the City's newest parks maintenance worker. She formerly worked for the City of Milton and is a graduate of the University of Washington - Tacoma Branch. Also introduced was police support officer Justin Wilson. He is a graduate of Western Washington University and Thomas Jefferson High School, and volunteered at the Federal Way Police Department for over a year before joining as aPSO. Both employees were unable to attend the council meeting. b. Emerging Issues/Citv Manager . Coronado Park Update . City Manager Moseley gave an update on the work items completed at the Park, which includes new playground equipment and ground cover, updated irrigation system, fixed the water fountain, pruned vegetation around the Federal Way City Council Regular Meeting Minutes April 5, 2005 - Page 2 of 9 . back entrance, and installed fencing around the city-owned property across from the park. The public works department conducted a traffic count and study; however the neighborhood did not qualify for a speed bump under current criteria. The department will install a streetlight at the park entrance later this year. The public safety department is planning on speed enforcement and will be working with the neighborhood on a neighborhood crime watch program. MOTION BY COUNCILMEMBER DOVEY TO DIRECT STAFF TO PREPARE A REVIEW OF TRAFFIC SAFETY CRITERIA FOR THE LAND USEITRANSPORTATION COUNCIL COMMITTEE; SECONDED BY COUNCILMEMBER FERRELL. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes . Belmor Park Update . City Manager Moseley gave an update on the work completed at the site. A new pedestrian sign has been posted at the park entrance; a pedestrian traffic study was conducted and analyzed, indicating that it did not meet the requirements for a traffic light at the intersection. The crosswalk will be re- striped, and new streetlights will be installed on either side of S. 324th at the entrance. More strategies to improve safety in the area are being studied. IV. CITIZEN COMMENT Eric L. Johnson. Marie Sciacqua, Richard Keltner, Jean Atwell and Lawson Bronson: They all commented on the on-street parking of commercial vehicles, giving their support to amending the ordinance to ban all parking of commercial vehicles in cul-de-sacs. Ms. Sciacqua presented photos to the Council. Mr. Bronson stated that neighborhood covenants, not government, should decide the issue. Wendy Schonwetter. Carol Ann Miller: Both citizens commented on the proposed development of cluster homes at Mar Vista in the annexation area. City staff was asked by the Council to look into the matter. Bene Dagan and Joey Kaye: Both citizens commented on the traffic safety criteria used in the Coronado Park area. Ms. Dagan requested the balance beam in the toddler play area be made safer. Ms. Kaye requested that the whole property near the water tower be fenced. . Peter and Franke Townsend: Mr. Townsend commented on the community center design, and presented a list of his concerns to the Council. Mrs. Townsend was allowed to defer her three minutes to Mr. Townsend. Federal Way City Council Regular Meeting Minutes April 5, 2005 - Page 3 of 9 . v. CONSENT AGENDA a. Minutes/March 15,2005 Regular Meeting - Approved b. Community Center Fireplace Mantle Artwork Proposal - Approved c. Sound Transit 317th St Roundabout Art Proposal. Approved d. Red, White & Blues Fireworks Request for Proposal - Approved e. 2005 Human Services Commission Work Plan- Approved f. Emergency Feeding Program - Approved g. Purchase of Evidence Barcode Module for Public Safety. Approved h. Council Bill #362/2005 Carry Forward Budget Adiustment - Approved Ordinance #05-482 h. Council Bill #363/01ympic Pipeline Franchise - Approved Ordinance #05- 483 1. Council Bill #364/Conyert the Appointment Municipal Court Judge Position to an Elected Position - Approved Ordinance #05-484 J. Citv Center Access Study/Feasibility Study Completion - Approved k. Support for Proposed Chanl;!es to Countywide Planning Policies - Approved Councilmember Burbidge pulled consent agenda item (c)/Sound Transit 317th St. Roundabout Art Proposal. . MOTION BY COUNCILMEMBER FERRELL TO APPROVE CONSENT AGENDA ITEMS (a), (b), and (d) through (I) AS PRESENTED; SECONDED BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Consent Agenda item (c )/Sound Transit 31 ih St. Roundabout Art Proposal Councilmember Burbidge called upon Mary Faber to give a staff presentation. Funding for the sculpture will be funded by Sound Transit's 1 % for the Arts program. WSDOT is doing a study on the sculpture's lighting and its effect on 1-5 traffic as vehicles pass by. MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE CONSENT AGENDA ITEM (c) AS PRESENTED; SECONDED BY COUNCILMEMBER DOVEY. 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 April 5, 2005 - Page 4 of 9 . VI. CITY COUNCIL BUSINESS a. Approval of New City Hall Contract City Manager Moseley called upon Assistant City Manager Matheson to make a brief staff presentation MOTION BY COUNCILMEMBER DOVEY TO APPROVE THE NEW CITY HALL CONTRACT AS PRESENTED; SECONDED BY COUNCILMEMBER FERRELL. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes b. Community Center 85% Design Consideration City Manager Moseley called upon project consultants Keith Hayes of Barker, Rinker, and Seacat and Scott Tomlinson of Vanir Construction to give a presentation. . The design is within 3% of the budget target. There is approximately $500,000 in savings at this time to apply toward option amenities; total cost is approximately $20.5 million. Councilmember Ferrell stated his opposition to approval of the design, that it will become a competitor to local businesses. MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE THE 85% DESIGN OF THE COMMUNITY CENTER AS PRESENTED AND PROCEED TO 100% DESIGN; SECONDED BY COUNCILMEMBER FAISON. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes no Kochmar McColgan Park yes yes yes c. St. PaullTravelers Insurance Company Settlement City Manager Moseley gave a brief explanation of the settlement, which came from a dispute over the insurance company's obligation to cover the City's legal costs in sign code regulations. . MOTION BY COUNCILMEMBER FAISON TO APPROVE THE SETTLEMENT AS PRESENTED; SECONDED BY COUNCILMEMBER PARK. The motion passed as follows: Federal Way City Council Regular Meeting Minutes April 5, 2005 - Page 5 of 9 . Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes d. On-Street Parking of Commercial Vehicles in Residential Zones City Manager Moseley called upon Traffic Engineer Rick Perez to give a staff presentation. Councilmember Dovey asked what the current fine is - it is currently $250. He stated that the law should be left as is, left to neighborhood covenants, and enforce the current law. Councilmember Burbidge suggested an interim step; to direct staff to research other cities and determine what enforcement methods are most effective. Councilmember Faison suggested a change that would limit commercial vehicle parking in residential neighborhoods to 7:00a.m. to 7:00p.m. Councilmember Ferrell suggested tougher enforcement with current parking laws. He asked for a violation history of the property in question from staff. . Deputy Mayor Kochmar commented that there are no limits on the length of the vehicles. Feels that this is an enforcement issue. Mayor McColgan felt that the issue is safety. He stated that the issue has been in front of the Council for the past six months, yet there has been no comment from the commercial vehicle owners. Councilmember Park stated his support for the proposed amendment. MOTION BY COUNCILMEMBER PARK TO APPROVE OPTION B AS PRESENTED; SECONDED BY COUNCILMEMBER BURBIDGE. MOTION BY COUNCILMEMBER DOVEY TO AMEND THE MOTION TO INCLUDE MOTOR HOMES; SECONDED BY COUNCILMEMBER FAISON FOR DISCUSSION PURPOSES. Council member Faison suggested sending the item back to the Land UselTransportation Committee (LUTC) for further review. . Federal Way City Council Regular Meeting Minutes April 5, 2005 - Page 6 of 9 . The motion to amend failed as follows: Burbidge Dovey Faison Ferrell no yes yes no Kochmar McColgan Park no no no Councilmember Park withdrew his original main motion. Councilmember Burbidge withdrew her second. MOTION BY COUNCILMEMBER PARK TO ADOPT OPTION B; TO DIRECT STAFF TO PREPARE A DRAFT ORDINANCE AND FORWARD TO LUTC TO FURTHER DISCUSSION; SECONDED BY COUNCILMEMBER BURBIDGE. MOTION BY COUNCILMEMBER FERRELL TO AMEND THE MOTION BY GOING BACK TO LUTC FOR FURTHER DISCUSSION OF A POSSIBLE RESOLUTION; SECONDED BY DEPUTY KOCHMAR. . Council member Dovey asked the police department actively enforce the parking laws. Mayor McColgan disagreed, saying that the police are very busy with higher priority issues. Councilmember Ferrell asked if the City's code compliance officer has the authority to fine violators - he does not, according to staff. The motion to amend failed as follows: Burbidge Dovey Faison Ferrell no yes no yes Kochmar McColgan Park yes no no The main motion passed as follows: Burbidge Doyey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VII. INTRODUCTION ORDINANCES a. Council Bill #365/VSNL Telecommunications Franchise . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING VSNL TELECOMMUNICATIONS (US), INC., ADELA W ARE CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY RlGHTS-OF-W A Y OF THE CITY OF FEDERAL WAY, Federal Way City Council Regular Meeting Minutes April 5, 2005 - Page 7 of 9 . WASHINGTON, WITHIN A SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. City Clerk Green read the ordinance title into the record. MOTION BY COUNCILMEMBER FAISON TO MOVE COUNCIL BILL #365 TO SECOND READING AND ENACTMENT ON APRIL 19; SECONDED 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. Council Bill #366/Sign Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE IV, "NONCONFORMANCE," AND ARTICLE XVIII, "SIGNS," TO ADOPT REGULATIONS FOR SIGNS IN AREAS ANNEXED TO THE CITY, AND ALLOW FOR A 1O~ YEAR AMORTIZATION PERIOD FOR LEGAL NONCONFORMING SIGNS (AMENDING ORDINANCE NO'S. 90-43, 9]-] 13,92-135,92-]44, 95-235,96-270,97-307,99-342,99-348,99-357,0]-398). . City Clerk Green read the ordinance title into the record. MOTION BY COUNCILMEMBER DOVEY TO MOVE COUNCIL BILL #366 TO SECOND READING AND ENACTMENT ON APRIL 19; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes c. Council Bill #367/Permit Signs on Sports Field Fences Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS SIGNS ON SPORTS FIELD FENCES. (AMENDING ORDINANCE NOS. 95-235, 99-348, 99-357) City Clerk Green read the ordinance title into the record. MOTION BY COUNCILMEMBER DOVEY TO MOVE COUNCIL BILL #367 TO SECOND READING AND ENACTMENT ON APRIL 19; SECONDED BY COUNCILMEMBER BURBIDGE. The motion passed as follows: . Burbidge Dovey Faison yes yes yes Kachmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes April 5, 2005 - Page 8 of 9 . Ferrell yes VIII. CITY COUNCIL REPORTS Councilmember Ferrell: He attended the Chamber of Commerce's Economic Vitality Committee on March 24th with Councilmember Dovey. They discussed the idea of a questionnaire to local businesses to gather their opinions. He thanked his colleagues for the passage of the ordinance converting the appointed municipal court judge position to elected. The Suburban Cities Association's Public Issues committee will meet next week in Tukwila. Councilmember Park: The next Lodging Tax Advisory Committee meeting is April 8th at 8:00a.m. The next Han Woo-Ri organizing committee will meet April 13th at 6:30p.m. Sponsors and volunteers are still being sought for the event. Tickets for the event can be purchased over the internet at www.hanwoorifestiva1.org. Deputy Mayor Kachmar: She and Mayor McColgan and Councilmember Burbidge attended the Puget Sound Regional Council's General Assembly yearly meeting last week. The Jim Webster Field dedication ceremony will be held at Celebration Park on April 9th at 9:00a.m. Friday she will attend the next meeting of the Municipal Solid Waste Advisory Committee. She also reported that the City received a letter commending the smooth annexation of the areas east of 1-5 near Peasley Canyon. . Councilmember Burbidge: The next Parks/Recreation/Human Services and Public Safety Committee will be May 9th at 5:30p.m. She and Mayor McColgan attended the Youth Commission's Youth Talent Night, and commended all of the participants for their performances. On April 19th, the dedication for City Hall Art will take place at 5:30p.m; the 100% design for the Community Center Open House will take place at 5:00p.m. She will be attending the Regional Transportation Investment District Executive Board meeting on April 7th. Councilmember Dovey: The Land Use/Transportation Committee will be meeting on April 18th at 5: 30p.m. He asked that the issue of pets at French Lake Park be added to the agenda for the Parks/Recreation/Human Services and Public Safety Committee - Councilmember Burbidge replied that the issue is on the June agenda. He asked that LUTC be briefed on the rules regarding fallen trees. Councilmember Faison: The next FinancelEconomic Development and Regional Affairs Committee is April 12th at 5:30p.m. On the agenda is an update from the Leland Consulting Group on the retail market study. . Mayor McColgan: Mayor McColgan thanked Deputy Mayor Kochmar for running the March 15 Council Meeting while he was in Washington DC, along with the City Manager and members of the business community to lobby for triangle project funding. The Federal Way Sister City Association baseball team will be traveling to Hachinohe, Japan to participate in a sister city baseball tournament this June. Federal Way City Council Regular Meeting Minutes April 5, 2005 - Page 9 of 9 . IX. CITY MANAGER REPORT City Manager Moseley reported that according to Sen. Tracey Eide's office, the Senate capital budget includes $856,000, which provides sufficient funding for the Joe's Creek restoration project. According to Rep. Skip Priest's office, $100,000 is included in the House capital budget for the Hylebos Creek Boardwalk restoration project. The Senate Transportation Committee issued their transportation package proposal; it includes $100 million for the triangle project. The Committee's budget also includes a proviso that would provide an independent seat on the Puget Sound Regional Council for Federal Way. The PSRC plays a major role in allocating federal transportation dollars. He gave his thanks to the City's representatives in the legislature for their efforts. The building permit for the City's new evidence building has been issued; target date for completion is the end of June. There are 35 days to the Han Woo-Ri Festival. The Council went into executive session at 9:25p.m; with an expected duration of 20 minutes. IX. EXECUTIVE SESSION . Collective Bargaining/Pursuant to RCW 42.30.140(4)(a) The Council came out of executive session at 9:40p.m. X. ADJOURNMENT There being nothing further to discuss, Mayor McColgan adjourned the regular meeting of the Federal Way City Council at 9:40 . Christine Green, CMC City Clerk .