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Council MIN 10-04-2005 Regular Federal Way City Council Regular Meeting Minutes October 4,2005 - Page 1 (~r 10 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall October 4, 2005 - 7:00 p.m. Minutes 1. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at 7:06 p.m. Councilmcmhers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and Councilmembers Jeanne Burbidge, Jack Dovey, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and Interim City Clerk Jason Suzaka. II. PLEDGE OF ALLEGIANCE Mayor McColgan called upon Deputy Mayor Kochmar to lead the flag salute. III. PRESENT A TIONS Mayor McColgan recognized Madeline Justus of the Montessori School, who is celebrating her 89th birthday. TIe read and presented her with a certificate of recognition for her work in education. Ms. Justus thanked the Council and the Federal Way community. Mayor McColgan excused Councilmember Ferrell, who is out of town and unable to attend tonight's meeting. a. Swearing-In Ceremonv/Police Officers Mayor McColgan mmounced that this item will be postponed to the October 18 regular meeting. b. Public Safety Department Presentation of A wards Police Chief Anne Kirkpatrick presented awards to the following people: Lt. Cary Murphy (Certificate of Merit), Officers Sandy Templeton and Stan Gordon, and Deputy Director Brian Wilson (Chiefs Commendation Medal). Federal Way Ci"y Council Regular Meeting Minutes October 4, ]()()5 - Page 2 (~r 10 c. ProclalTIation/Natiol1al DECA Week October 5 -- 12 Mayor McColgan read aloud the proclamation, and prcscnted it to Nicole Brennan of Decatur High School. Ms. Brennan acccpted the proclamation and thankcd thc Council for their support. d. Youth Commission/ Appreciation Plaque (outzoinz) Councilmcmber Burbidge recognized outgoing commissioner Jessica DcHart. She presented Chelsea Wolbcrt (acccpting on Ms. Dellart's behalf) with a plaque of appreciation. e. Youth Commission Introductions/Certi1i.cates Councilmembcr Burhidge recognized the new Youth Commissioners, and presented them with certificates of appointment. They are: Chelsea Wolbert (reappointment) - through August 31,2006; Michelle Fernandez, Lanelle Ava, Shannon Bernardy, IJanna Ory, Clancey Four Bcar, Doris Jeong, Anthony Hutchinson - through August 31, 2007; Catherine Rawsthorne (alternate) - through August 31, 2006. f. Introduction of New Employees/City Manager City Manager Moseley introduced new lateral police officer Steven Wortman. Hc was unable to attend tonight's meeting. g. Emerging Issues/City Manager City Manager Moseley reported no emerging issues at this time. IV. CITIZEN COMMENT I-1. David Kaplan: Mr. Suzaka read his email into the record; he thanked the Council for the purchase of Camp Kilworth. Marilyn Kellogg: Mr. Suzaka read her email into the record; she urgcd the Council to pursue thc purchase of Camp Kilworth. Casey Joncs: He spoke of problems with the permitting process in dcvelopment of his property. lIe rcquests a waiver for his project. Marie Sciaqua: She deferred hcr comments to the ncxt Council meeting. Eric Wagenhals, Pamela Buck, Stan Wagenhals: They do not want trafllc calming deviccs on 21st Ave, SW. Federal Way Ci(v Council Regular Meeting Minllte,\' October 4, 2005 - Page 3 of J() Don Bunger and Charlotte Warner: Opposcs traffic calming dcviccs on 21 sl Ave. SW, and want a vote on the issue. Barbara Reid; She thanked the Council for putting Camp Kilworth on thc agcnda and thanked Mary Ehlis for leading thc charge to hring about the purchasc of the property. Hazel Dickinson, Douglas Peffer. Mizu Sugimura, Bernedine Lund, Ross Taber, Rick Reece: They support purchasc of Camp Kilworth. Margaret Nelson: Supports purchase of Camp Kilworth and passage of Council Bill #377/Col11mercial Vehicles On-Street Parking in Residential Areas. Nancy McEleney: She passed along comments from Shirley Charnel, founder of the Federal Way Historical Society, who supports purchase of Camp Kilworth. Ms. McEleney also olTcrcd suggestions for thc traffic calming devices issue on 21 sl A vc. S W. Chris Austin: Representing Trinity Land Development, he thanked the Council for consideration of the Cottagcs at Hoyt Road Preliminary Plat Revisions and askcd that they be passed by the Council. Susml Strcifel: Representing thc Chamher of Commerce Board of I}ircctors, she explained that the Board opposes the purchase of Camp Kilworth, if it deters the city from its goal of rcdeveloping the city center. Dr. Mark Marshall: Dr. Marshall introduced himself to the Council as the new pri ncipal at Thomas Jefferson High School. Mm'y Ehlis: Ms. Ehlis thmlked everyone who helped with the movement to purchase Camp Kilworth, and commended the Council f()r the proposal to purchasc thc propcrty. She also passcd out a list of supporters to the Council. Bob Hitchcock: He explained the rcasoning behind thc Chambers's opposition to the Kilworth purchase if it deterred from concentrating on economic developmcntinFcderal Way. Nancy Combs and Kcvin Bush: They stated their support for traffic calming dcvices on 21 sl Ave. SW. Tom Pierson: As CEO of the Chamber of Commerce, he stated his support ft)r passage of Council Bill #385 /Freeway Sign Code Amendment. Deputy Mayor Kochmar requcsted staff to look into Casey Joncs's pcrmitting problem. v. CONSENT AGENDA a. Minutes/September 20, 2005 Regular Meeting - Approved b. Resolution/Windswcpt Final Plat - Approved Resolution #05-454 c. Rcsolution/The Greens Preliminary Plat - Approved Resolution #05-455 Federal Way 0")1 Council Regular Meeting Minutes October 4, 2005 - Page 4 of 10 d. Resolution/Establish the City Hall Facility Use Policy -Approved Resolution #05-456 e. Resolution/Solid Waste and Recycling 2006-2007 Grant Approvals - Approved Resolution #05-457 1'. Lakehaven Interlocal Agreement Preliminary Engineering - Approved g. 2005/2007 Implementation of Commute Trip Reduction (CTR) Plans & Agreement with Washington State Department of Transportation - Approved h. 2005/2006 Implementation of Commute Trip Rcduction (CTR) Plans ~ Agrccment with King County - Approved I. Adelaide Neighborhood Traffic Safety ~. 21 sl Ave SW - Approved J. Diversity Commission Business Plan - Approved k. Enactment Ordinance/CC Bill #377/Commercial Vehicles On-Street Parking in Residential Areas (j)()stponed.f;^om .Ju~y 5. 2005 meeting) - Postponed to October 18, 2005 Regular Meeting 1. Enactment Ordinanee/CC Bill #385/Freeway Profile Sign Code Amendment - Enacted Ordinance #05-504 m. Cottages at IIoyt Road Preliminary Plat Revisions - Approved Resolution #05-458 CounciJmember Dovey pulled items (i), (k), mld (m) from the agenda; Deputy Mayor Kochmar pulled item (1) from the agenda. MOTION BY COUNCILMEMBER PARK TO APPROVE CONSENT AGENDA ITEMS (a) THROUGH (c), (g), (11), CD and (I) AS PRESENTED; SECONDED BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan ycs Faison ycs Park yes Ferrell absent Consent Agcnda item (iJ/Lakchaven Interlocal Agreement Preliminary Engineering - Approved Deputy Mayor Kochmar recused herself from the item, as she is an employee of Lakehavcn. MOTION BY COUNCILMEMBER DOVEY TO AUTHORIZE STAFF TO ENTER INTO THE INTERLOCAL AGREEMENT WITH LAKEHA VEN; SECONDED BY COUNCILMEMBER BURBIDGE. The motion passed as f()lIows: Burbidge ycs Kochmar recllsed Dovey yes McColgan yes raison yes Park yes r errcll abscnt Federal Way Ci"y Council Regular Meeting Minutes October 4, 2005 - Page 5 (~r 10 Consent Agenda item (i)/ Adclaide Neighborhood Traffic Safety -21 st Ave. SW - Approved City Manager Moseley called upon Scnior Traffic Engineer Rick Pcrez to give a stail repOli. MOTION BY COUNCILMEMHER DOVEY TO INSTALL SPEED TABLE INSTEAD OF SPEED HUMPS; SECONDED BY COUNCILMEMBER FAISON. '['he motion passcd as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell absent Consent ^genda item (k )/Enactment Ordinance/CC Bill #377/Conlmercial Vehicles On-Street Parking in Residential Areas (postponed kom Julv 5, 2005 meelinz) - Postponed to October 18, 2005 regular meeting Couneilmember Dovey explained that staff will need some extra time to prepare a report on thc issue and asked that this item he postponed to the l1ext regular meeting. MOTION BY COUNCILMEMBER DOVEY TO POSTPONE CONSENT AGENDA ITEM K TO THE OCTOBER 18 REGULAR MEETING; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge yes Kochmaf yes Dovey yes McColgan ycs Faison yes Park ycs Ferrell absent Consent Agenda itcm (m)/Cottages at Hoyt Road Preliminary Plat Rcvisions - Approved Resolution #05-458 Council member Dovey gave a bricf background on thc item, which was passed last night at thc Land Use/TranspOliation Committee meeting. MOTION BY COUNCILMEMBER DOVEY TO APPROVE THE RESOLUTION APPROVING THE COTTAGES AT HOYT ROAn PRELIMINARY PLAT MODIFICATIONS; SECONDED BY COUNCILMEMBER PARK. The motion passed as follows: Burbidge yes Kochmar ycs Dovey ycs McColgan yes Faison yes Park ycs Ferrell absent -"~ Federal Way Ci"y Council Regular Meeting Minutes October 4, 2f)f)5 - "age 6 (?r Jf) VI. CITY COUNCIL BUSINESS a. Lodging 'rax Advisory Committee Appointments - Approved MOTION BY COUNCILMEMBER PARK TO APPOINT BRITCE HIGDON AS A VOTING MEMBER OF THE LODGING TAX ADVISORY COMMITTEE TO FILL THE UNEXPIRED TERM OF RICHARD SERACKA THROUGH OCTOBER 31, 2006; SECONDED BY COUNCILMEMHKR DOVEY. Thc motion passcd as f()llows: Burbidge yes Kochmar yes Dovey yes McColgan ycs Faison yes Park yes Ferrell absent b. Planning Commission Appointmcnts - Approved MOTION BY COUNCILMEMBER DOVEY TO APPOINT LAWSON BRONSON AS A VOTING MEMBER OF THE PLANNING COMMISSION TO A FOUR-YEAR TERM THROUGH SEPTEMBER 30, 2009; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge yes Kachmar yes Dovey yes McColgan yes Faison no Park ycs Ferrell absent MOTION BY COUNCILMEMBER DOVEY TO APPOINT RICHARD AGNEW AS ANAL TERNATE MEMBER OF THE PLANNING COMMISSION TO A THREE-YEAR TERM THROUGH SEPTEMBER 3(), 200S; SECONDED BY DEPlJTY MA YOn. KOCHMAR. Thc motion passed as follows: Burbidge yes Kachmar yes Dovey ycs McColgan yes [oaison yes Park yes Ferrell absent c. Proposed Purchase of Camp Kilworth - Approved City Manager Moseley called upon Management Services Director lwen Wang to give a statIrcport. Ms. Wang stresscd that passagc of this proposcd purchasc docs not mean that the public can use the facility immediatcly - the Boy Scouts of America still own the property until the transaction is closed. Federal W(~y Ci"V Council Regular Meeting Minutes Oc1ober'4, 2005 - Page 7 (~llO MOTION BY COUNCILMEMBER BlJRBIDGE TO API-ROVE THE PURCHASE OF CAMP KIL WORTH; SECONDED BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidgc yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes F errelI absent Staff explaincd that it should takc approximately 4-9 months to get the restrictions removed on the title deed through the court system. The Council individually explained their reasons for their support of the purchase, and thanked citizens and the Chamhcr for their input on the issue. d. Approval of New City I-Iall Contract - Approved MOTION BY COUNCILMEMBER FAISON TO APPROVE THE NEW CITY llALL ELECTRICAL SERVICE CONTRACT AS COMPLETE AND AUTHORIZE STAFF TO RELEASE RETAIN AGE AND PERVORMANCE BONDS TO THE APPROPRIATE CONTRACTOR; SECONDED BY COUNCILMEMBER DOVEY. 'fhc motion passed as f()lIows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell absent e. Resolution/City Center Redevelopment Strategies - Approved Resolution #05-459 City Manager Moselcy called upon Economic Development Director Patrick Doherty to give a staff report. MOTION BY MAYOR MCCOLGAN TO APPROVE THE ATTACHED RESOLUTION; SECONDED BY COUNCILMEMBER FAISON. Thc motion passed as follows: Burbidgc yes Koehmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell absent 1'. Downtown Revital ization Fund - Approved City Manager Moseley called upon Ms. Wang and Mr. Doherty to give a staff report. Mr. Moseley clarified that thc motion is only to direct staff to prepare a resolution at the next meeting with options for the Council's consideration. Federal W(fcY Ci"v Council Regular Meeting Minutes October 4, 2()()5 - Page 8 of If} MOTION BY COlJNCILMEMBER FAISON TO DIRECT THE CITY MANAGER TO PREP ARE A RESOLUTION FOR THE OCTOBER 18, 2005 CITY COlJNCIL MEETING SETTING FORTH COUNCIL'S COMM ITMENT TO ESTABLISH A DOWNTOWN REDEVELOPMENT FUND WITH AN INITIAL INVESTMENT OF $5 MILLION AND THE POSSIBILITY OF A lJEDICA TED FUNDING SOURCE IN ACCORDANCE WITH COUNCIL'S DISCUSSION; SECONDED BY COlJNCILMEMBER BURBIDGE. The motion passed as fl)llows: Burhidge yes Kochmar yes Dovey ycs McColgan yes Faison yes Park yes Ferrell absent VII. INTRODUCTION ORDINANCES a. Council Bill #386/21 sl Ave. Condemnation AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIA'rION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR nIE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT- OF-W A Y IMPROVEMENTS IN THE VICINITY OF 21sT A VENUE SOUTH (SOUTH 318TII STREET TO SOUTH 320111 STREET), TOGETHER WInI ALL . APPURTENANCES AND RELATED WORK NECESSARY TO MAKI<: A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING TilE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LA W FOR SAID CONDEMNATION. Interim City Clerk Jason Suzaka read the ordinancc titlc into thc rccord. MOTION BY COUNCILMEMBER DOVEY TO MOVE COUNCIL BILL #386 TO SECOND READING AND ENACTMENT ON OCTOBER] X; SECONDED BY COlJNCILMEMBER .FAISON. The motion passed as follows: Burbidge ycs Kochmar yes Dovey yes McColgan yes Faison yes Park yes f errcll abscnt b. Council Bill #387/Neighborhood Business Code Amendments AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, W ASIIINGTON, AMENDING CII^PTER 22 (ZONING) OF THE FEDERMj W ^Y CITY CODE (FWCC) RELATING TO DEFINITIONS FOR "BIG BOX RETAIL" AND "SELF-SERVICE STORAGE FACILITIES"; ALLOWING ADDrrlONAL USES IN THE NEIGHBORHOOD I3USINESS (BN) ZONE; AND CLARIFICATIONS TO REGULA T10NS FOR TIlE I3N, COMMUNITY BUSINESS (BC), AND BUSINESS PARK (BI') ZONES (AMENDING ORDINANCE NO'S ()0-43, 90-51,91-87,91-92,91- Federal Way O"F Council Regular Meeting Minute,\ October 4,2005 - Page 9 410 100, ()I-lOS, 91-113, 93-170, 94-223, 95-245, %-269, %-270, 96-271, 97-291, n-295, 97- 296,97-300,97-307,99-333,99-337,99-348,99-353, 99-357, 00-363. 00-375, 00-382, 01- 3R5, 01-390, 01-399, 02-424, 03-443, 03-446, 03-450, 04-457, 04-468) Interim City Clerk Jason Suzaka read the ordinance title into the record. C'lerks Note: Language was added to the original proposed ordinance at the October 3 U}TC meeting to include Neighborhood Business Zone ,,' If'''' . "e. ,erVlce Storage Facilities; the ordinance read during the October 4 ('ouncil rneeting reflects the newly added language. MOTION BY COUNCILMEMBER novl~:Y TO MOVE COUNCIL BILL #387 TO SECOND READING AND ENACTMENT ON OCTOBER 18; SECONDED BY COUNCILMEMBER PARK. The motion passed as follows: Burhidge yes Kochmar yes Dovcy yes McColgan yes Faison no Park yes Ferrell absent MOTION BY MAYOR MCCOLGAN TO SlJSPEND COlJNCIL RlJLES TO 11 :OOP.M; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as f(Jllows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell absent VIII. CITY COUNCIL REPORTS Councilmember Park: The next Lodging Tax Advisory Committec meeting is schedulcd III for October 14 at 8:00am. COlUlcilmember Faison: "rhe next Finance, Economic Development, and Regional Affairs Committee meeting is scheduled for Octoher 11 th at 5 :30pm. Deputy Mayor Koehmar: She thanked those who were involved in the Camp KiJworth discussions. Councilmember Dovey: The next Land UselTransportation Committee meeting will take place on October 1 ill at 5:30p.m. Councilmembcr Burhidge: The next Parks, Recreation, Human Services, and Public Safety Committee meeting will take place October 10lh at 5:30p.m. She also relayed compliments she received fi'om Target Store and The Commons regarding their partnership with the police department. Tomorrow she will bc attending an emergency preparedncss session at Federal Way Ci"y Council Regular Meeting Minutes October 4,2005 - Page 10 (~r If) SeaTac. The annual Arts Commission - Ads Harvest will take place on October ISth at 5:30pm in Council Chmllbcrs. Mayor McColgan: Mayor McColgan noted the many events going on ill federal Way and thanked thc staff and couneilmembers who have worked hard and participated in representing our city in regional forums. IX. CITY MANAGER REPORT City Manager Moseley reported that "Esprit de Cup" is now open fiJr business in city hall to serve drinks mld light snacks to staff and citizens. They will be opell during nonna! busincss hours and during school district and city council meetings. He also reported that Deputy City Clerk Jason Suzaka will be leaving the city on the 141h to accept a position with Sound Trmlsit's Board of Administration. IIc thanked him for his work with the city and wished him well. X. EXECUTIVE SESSION a. Potential Litigation/Pursuant to RCW 42.30.11 O( 1 )(i) b. Collective Bargaining/Pursuant to RCW 42.30.140( 4)(a) The Council recessed into executive session at 1 0:08p.m, with an expected duration of approximately 30 minutcs. The Council return cd to chambers at 11 :OOp.m. X. ADJOURNMENT There being nothing further to discuss, Mayor McColgan adjourned the regular meeting of the Federal Way City Council at 11 :OOp.m. _J _ ~~~~jn( Jason ,'uzaka Inter'l City Clerk Approved by Council on 101lS/05