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Council MINS 11-05-2002 Regular . . . FEDERAL WAY CITY COUNCIL Council Chambers - City Hall November 5, 2002 -7:00 p.m. Regular Meeting Minutes 1. 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, Councilmembers Eric Faison, Mary Gates, Michael Hellickson, Linda Kochmar, and Mike Park. Staff present: City Manager David Moseley, Interim City Attorney Pat Richardson, City Clerk Chris Green, and Acting Deputy City Clerk Sandy Lyle. II. PLEDGE OF ALLEGIANCE Councilmember McColgan led the flag salute. III. PRESENT A TrONS a. Introduction of New Employees/City Manager City Manager David Moseley was pleased to announce Mami Buchanan has been hired as a Police Support Officer, and Pamela Fay is the new Court Clerk 2 in the Municipal Court. b. Emerging Issues/City Manager City Manager David Moseley reported no emerging issues. IV. CITIZEN COMMENT Julia Laranang thanked the Council for its support of Diversity Commissions activities and reported that future events would include ethnic dinners in addition to the annual Martin Luther King celebration, the theme of which will be Out of Our Hearts and Into the Community. Elizabeth Hedgecock expressed her concerns that in a slow economy when people are losing their jobs and the food banks are empty it may not be a good time to build a new police building. ORIGINAL . . . Federal Way City Council Regular Meeting Minutes November 5, 2002 - Page 2 of 8 Larry Patterson commented on Councilmember Kochmar's editorial in the Federal Way Mirror. He agreed with the need for a vital downtown and an engaged SeaTac Mall. V. a. b. c. d. e. f. g. h. 1. J. k. 1. CONSENT AGENDA Minutes/October 15,2002 Regular Meeting - Approved Vouchers - Approved Monthly Financial Report/September 2002 - Approved 2002-2004 Skyhawks Sports Academy, Inc. Contract- Approved Sewer Easement Request/The Point at West Campus II - Approved Sports Lighting at Lakota Park/Final Acceptance & Rctainage Release - Approved 2002- 2003 Youth Commission Work Plan - Approved COPS More 2002 Grant/Request Approval to Accept Award & for Purchasing Authority - Approved Interlocal Agreement & Release/Disclaimer of Liability for Use of Shooting Range - Approved West Hllebos Creek Gravel Removal/So 373rd St/Final Acceptance -Approved So 36411 St Culvert Replacement Project/Final Acceptance -Approved Intent to Designate City Center Core and Frame as Residential Targeted Area and Setting Public Hearing/Resolution pulled and approved separately Deputy Mayor McColgan pulled Consent Agenda item (1) for further discussion. COUNCILMEMBER GATES MOVED APPROVAL OF CONSENT AGENDA ITEMS (A-K); COUNCILMEMBER FAISON SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson yes Consent Agenda item (1): Deputy Mayor McColgan spoke in opposition to the proposed resolution stating that exempting new housing construction in the downtown core from taxes for ten years would put undue financial stress on Police, Fire, School and Library services. COUNCILMEMBERF AISON MOVED APPROVAL OF CONSENT AGENDA ITEM (L) A RESOLUTION FOR INTENT TO DESIGNATE CITY CENTER CORE AND FRAME AS RESIDENTIAL TARGETED AREA AND SETTING PUBLIC HEARING, COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson Kochmar McColgan Park yes yes yes yes no no no . . . Federal Way City Council Regular Meeting Minutes November 5, 2002 - Page 3 of 8 VI. PUBLIC HEARING (Required by RCW 35A.34) 2003-2004 Proposed Biennial Budget/2003 Property Tax Rate Mayor Burbidge read into record the procedures to be followed and opened the public hearing at 7:30 p.m. . City Staff Presentation Management Services Director Iwen Wang outlined the proposed 2003-2004 Biennial Budget and Property Tax Levy. She reviewed the city's budget structure, 2003 general operating revenues and expenses, improvements included in the baseline budget, new service considerations, and funding options. Ms. Wang pointed out that with a lower property tax rate and increases in fees for Water Quality/ESA and increased utility tax an average homeowner could expect to pay just under $40 more per year. . Citizen Comment Bob Couper offered a challenge to the Council to exercise caution in increasing the City's utility tax. citing lower utility tax rates in nearby communities. Margaret Brewer and Mike Pettigrew spoke against higher utility taxes. Elizabeth Allison was against both new taxes and a new city hall. Patrick Burton and Sheryl Nevers spoke in favor of maintaining the Kenneth Jones Pool; Ms. Nevers additionally supported a police building but was opposed to a new city hall facility. Patty Fitzpatrick, H. David Kaplan, and Shannon Jun spoke in support of a new commtmity center. Mr. Kaplan added there has been no decision yet made on a new city hall. He also offered information that if an increased utility tax were not collected by the city, King County could possibly levy a similar tax. Ron Gintz and Betty Huff hailed as visionary the city's 2003-2004 budget and expressed support for the facilities and programs it would provide. Mr. Gintz additionally commended the leadership of the Council. Doug Stair, who grew up in Federal Way, spoke in favor of Celebration Park and the vision of the Council. Mike Anderson supported continuation of operation of the Kenneth Jones Pool and was thrilled at the prospect of a new community facility to include a pool and community/senior center. Malcolm Neely stated that a community center is a good thing for a community, a place for adults and kids, alike. He stressed the importance of keeping seniors healthy and out of nursing homes. City Clerk Chris Green read letters into the record supporting a tax increase to fund a new pool/community/senior center from Barbara Reid, Jane Hershman, Ed and Ramona Soule, Bruce Johnson, and Althea Rosenberg. . . Federal Way City Council Regular Meeting Minutes November 5,2002 - Page 4 of8 Ms. Green also read a letter from Karl Grosh into the record supporting a future senior/community centcr, and shared concerns that rudget dollars were being spent unncccssarily on projects that don't benefit the many. Hearing no further public comment, Mayor Burbidge closed the public hearing at 8:20 p.m. . City Council Discussion Council was appreciative of all of the citizen comment, and encouraged citizens to continue to comment about the 2003/2004 budget and proposed tax increases. They also expressed a strong interest in keeping the Kenneth Jones pool open, with a focus on increasing the level of services for funding the pool's maintenance and operation. Council also urged citizens to speak out and voice their concerns at the county level regarding the proposed pool closures. VIT. INTRODUCTION ORDINANCbS a. Council Bill #307/Code Amendment Prohibiting Storage of Personal Property on Parks and Open Space Property AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROHIBITING THE STORAGE OF PERSONAL PROPERTY IN PARKS AND/OR OPEN SPACE (Amending Ordinance No. 91-82, ~ 1(21)(A) MOTION BY COUNCILMEMBER KOCHMAR TO MOVE COUNCIL BILL #307 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON NOVEMBER 19; SECOND BY cOUNCILMEMBER PARK. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson yes b. Council Bill #308/Code Amendment Updating Chapter 6/Criminal Codc; Chapter 9/Licenses and Business Registration; and Chapter IS/Traffic and Vehicles AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CRIMINAL CODE, THE LICENSES AND BUSINESS REGULA TIONS CHAPTER, AND THE TRAFFIC AND VEHICLE CHAPTER OF THE CITY OF FEDERAL WAY (Amending Ordinance Nos. 90-53, 90-62, 91-89, 91-91, 91-94, 91-106, 91- 110,92-163,94-212,95-243,96..260,99-362,00-367, 00-374, 01-391, 01-401) MOTION BY COUNCILMEMBER KOCHMAR TO MOVE COUNCIL BILL #308 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON NOVEMBER 19; SECOND BY COUNCILMEMBER PARK. The motion . passed as follows: . . . Federal Way City CouncilRegular Meeting Minutes November 5, 2002 - Page 5 of 8 Burbidge yes Faison yes Gates yes Hellickson yes Kochmar McColgan Park yes yes yes c. Council Bill #309/2003 Property Tax Rate AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2003. MOTION BY COUNCILMEMBER FAISON TO MOVE COUNCIL BILL #309 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON NOVEMBER 19; SECOND BY DEPUTY MA YOR MCCOLGAN. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson yes d. Council Bill #310/ Amending Utility Tax Rate Adjustment ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, EXTENDING AND INCREASING THE UTILITY TAX RATE TO 6% FROM 5% FOR A COMMUNITY/SENIOR CENTER AND S WTMMING POOL AS IDENTIFIED BY COUNCIL (Amends Ordinance No. 95-257, 96-262 and 96-276). MOTION BY cOUNCILMEMBER FAISON TO MOVE COUNCIL BILL #310 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON NOVEMBER 19; SECOND BY DEPUTY MAYOR MCCOLGAN. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park no He11ickson yes e. Council Bill #311/ Add Tax to Admission Charges for Recreation and Amusement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR TAXES UPON PERSONS WHO PAY AN ADMISSION CHARGE TO ANY PLACE FOR THE PURPOSE OF RECREATION AND AMUSEMENT WITHIN THE CITY LIMITS; ADDING NEW SECTIONS 14-131 TO 14~137 AND 14-151 TO 14-157 TO THE CITY OF FEDERAL WAY CITY CODE AND PROVIDING FOR RELATED MA TTERS. MOTION BY DEPUTY MAYOR MCCOLGAN TO MOVE COUNCIL BILL #311 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL . . . Federal Way City Council Regular Meeting Minutes November 5, 2002 - Page 6 of 8 MEETING ON NOVEMBER 19; SECOND BY cOUNCILMEMBER FAISON. The motion passed as follows: Burbidge yes Faison yes Gates yes Hellickson yes Kochmar McColgan Park yes yes no f. Council Bill #312/Rate Structure for Storm and Surface Water Utility AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 96-277, ORDINANCE NO. 90-32, AND ORDINANCE NO. 91-117 BY AMENDING Tl-IE RATE STRUCTURE FOR STORM AND SURFACE WATER UTILIT'1 BY 65%. MOTION BY COUNCILMEMBER FAISON TO MOVE COUNCIL BILL #312 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON NOVEMBER 19; SECOND BY CONCILMEMBER KOCHMAR. The motion passed as follows: Burbidge yes Faison yes Gates yes Hellickson yes Kochmar McColgan Park yes yes yes g. Council Bill #313/2003-2004 Biennial Budget Adoption AN ORDINANCE OF THE rITY COUNCIL (~F THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDOL;S AND FINANCE, ADOPTING THE 2003-2004 BIENNIAL BUDGET. MOTION BY COUNCILMEMBER GATES TO MOVE COUNCIL BILL #313 FOR FINAL CONSIDERATION AT THE NEXT REGULAR COUNCIL MEETING ON NOVEMBER 19; SECOND BY DEPUTY MAYOR MCCOLGAN The motion passed as follows: Burbidge yes Faison yes Gates yes Hellickson yes Kochmar McColgan Park yes yes yes IX. CITY COUNCIL RE_eORT~ Councilmember Gates reported the start-up of a third daily Sounder train and said that trains bound for Seahawks games are filled. She distributed a written Sound Transit Update including information on Link light rail, the Sotmder, and Regional Express Buses. She reported on the Federal Way Transit Center project and added that the Bellevue Transit Center was dedicated recently. . . . Federal Way City Council Regular Meeting Minutes November 5, 2002 - Page 7 of 8 Councilmember Kochmar announced the next meeting of the Parks, Recreation, Human Services, Public Safety Committee would be held November 12 at 4:00 p.m. She thanked the City Manager for working with the Federal Aviation Administration and the Marine Hills Homeowners Association to resolve airplane noise issues. She announced the next regional Police Committee would meet December 6 to discuss funding Human Services Agencies with scarce resources and the Airport Cities Coalition. She thanked the Police for finding the serial rapist. Councilmember Park reflected that the sister city relationship is now six years old. There have been two official visits to our sister cities in Japan and Korea. On November 10 the Governor of Donghae will be visiting here after traveling to Alberta. It is unfortunate that the Veteran's Day holiday falls on Monday, the 111,\ preventing an official visit here. Councilmember Hellickson had no report. Councilmember Faison announced the next meeting of the Land Use/Transportation Committee would be held November 18 at City Hall; the Municipal Facilities Action Committee (MF AC) meets on November 13 at 6:00 p.m. in Council Chambers and November 20 At 7:00 p.m. at the Regional Library, 34200 First Way South. Deputy Mayor McColgan thanked the City Manager and staff who made Council understand the big [budget] picture. Council may not always please everyone but they value and appreciate the feedback. He thanked everyone who spoke and encouraged the public to please continue sending comments and input. He mentioned the Lodging Tax Advisory Committee meeting on Friday, November 15 at 8:00 a.m. He urged everyone to remember that the food banks are low and to please give. Mayor Burbidge reminded citizens that the relief fund at Washington State Bank to aid those affected by the typhoon that hit our sister city of Donghae, Korea, will be open until November 15. She recognized City Manager David Moseley, who received an award from the Washington State City Manager's Association, for skill in Intergovernmental Cooperation. He was instrumental in negotiating a new jail contract with King County. She reported on her attendance at various regional meetings and mentioned that the counties will be looking at a utility tax to fund programs. She encouraged citizens to attend some of the upcoming community arts events, including Snow White this weekend, the Federal Way Symphony at Twin Lakes Golf and Country Club on Saturday, and the upcoming productions of Little Women and the Nutcracker. x. CITY MANAGER REPORT City Manager David Moseley reminded the public to please provide feedback about a new municipal facility and about upcoming meetings on November 13 and 20. He announced the Christmas Tree Lighting Ceremony will take place December 7 at SeaTac Mall from 4-6 p.m. Mr. Moseley also encouraged citizens to participate in the Donghae relief fund that has been set up, aiding the victims in our sister city who were affected by the typhoon that recently hit. Donations will be accepted in cash, check or credit card at any local branch of Washington State Bank, and donations of checks only will be accepted through the City Managers Oflice. . . . Federal Way City Council Regular Meeting Minutes November 5, 2002 - Page 8 of 8 Mr. Moseley commented that the contractor working on Phase I of the Pacific Highway South project would be working longer shifts to remain ahead of schedule and to be able to cease work during the holidays. He sympathized with citizen impatience but stated the city appreciates citizens' understanding and cooperation. City Manager Moseley announced the need for an executive session for the purposes of discussing Potential Litigation/Pursuant to RCW 42.30.11 O( 1 )(i); he announced cancellation of Discussion of Property Acquisition/Pursuant to RCW 42.30.110(1 )(b). There was no action expected. XI. EXECUTIVE SESSION At 9:25 p.m., Mayor Burbidge announced the Council would be recessing in executive session. Council returned to chambers at 9:40 p.m. XII. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 9:50 p.m. s~ tA- Acting Deputy City Clerk