Council MIN 12-06-2005 Regular
.
"
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
December 6,2005 - 7:00 PM
MINUTES
* * * *
I. CALL MEETING TO ORDER
Deputy Mayor Kochmar called the meeting to order at 7:00 r.M and excused Mayor
McColgan and Councilmember Parle She also announced that the Sound Tnmsit Phase II
Update would be rescheduled.
2. PLEDGE OF ALLEGIANCE
Deputy Mayor Kochmar introduced Wayne Lott and the Air Force Jr. ROTC from Todd
Beamer High School who led the Flag Salute.
3. PRESENT A TTONS
a. Introduction of New Employees/City Manager
City Manager David Moseley acknowledged two new employees in the Public Safety
Department. John Buster is a new police officer with the department and Myron Kline is a
returning ofIicer to the department.
b. Emerging Issues/Citv Manager
.Toni Earl - Sound Tnmsit Phase II Update (to be rescheduled).
Mr. Moseley stated there are no other emerging issues.
4. CITIZEN COMMENT
II. David Kaplan- spoke as Chair of the Tourism Grant Enhancement Sub-committee
(reports to the Lodging Tax Advisory Committee). He mentioned a December 3rd article in
the Federal Way Mirror regarding the passage of the Tourism grants, which quoted both
Councilmember's Park and Ferrell. Mr. Kaplan stated that the grants are seed money to
help a group get established in the City and the hope is that once established they will have
other means of fundraising opening the door ft)f other groups to apply for the T ourisnl
Enhancement grants.
Bonnie Knight-Graves - read into the record a summary of achievements by the Arts
Commission and also stated the need Cor the City to hire a full-time graphic artist.
-
Federal Way City Council
Regular Meeting -- December 6, 2005
Page 2 of6
Florenda Wyatt - addressed the Council regarding crime in her area including mail theft
and the need for fencing of the stormwater pond in her neighborhood.
Ron Walkern- Diversity Commission Chair - submitted a draft proclamation for the
upcoming Martin Luther Kin~ Celebration and updated the Council on the festivities that
will take place on January 1311 and 14th.
Deputy Mayor Kochmar asked the City Manager to contact Ms. Wyatt regarding her
concerns. Mr. Moseley will do so and stated that fencing of the stonnwater pond is on the
consent agenda this evening for approval.
5. CONSENT AGENDA
a. Minutes/November 14,2005 Special Meeting; November 15. 2005 Special
Meeting; November 15,2005 Regular Meeting & November 21, 2005
Special Meeting - Approved
b. October 2005 Monthly Financial Report - Approved
c. Vouchers - Approved
d. Enactment Ordinance -2005/2006 Mid-Biennium Budget Adjustnlcnt-
Approved Ordinance No. 05-510
e. Enactment Ordinance - 2005 Property Tax Levy Ratc - Approved
Ordinance No. 05-511
1'. Enactment Ordinance - Twin l,akes Golf and Country Club Franchise --
Approved Ordinance No. 05-512
g. Resolution - 2006 Fee Schedule and Repealing Resolution No. 04-4J5 -
Approved Resolution No. 05-462
h. Mid-Biennium Review of2005-2006 Humml Services Contracts - Pulled
1. Resolution Authorizing the City Manager or Dcsignee to Settlc Claims
Approved Resolution No. 05-463
J. Community Center Mission Statement - Approved
k. Interlocal Agreement between City of Federal Way and South King County
Fire and Rescue - Approved
1. Joe's Creek Habitat Restoration Proiect-" 85% Dcsign Status Report
Approved
tn. Fencing of Pond at 21 sl Ave. SW and S W 3491h Place - Pulled
n. Tnterlocal Agreement Extension for Water Resource Inventory Area 9 --
Approved
o. WRJA (Water Resource Inventory Area) 9 Rcsolution to Adopt Habitat Plan
- Approved Resolution No. 05-464
p. 2006 Street Sweeping Serviccs Did Award - Approved
q. Westway Strcet Lighting Project - Final Project Acceptance - Approved
MOTION: Council member raison moved approval of the Conscnt Agenda.
Councilmember Burbidge second.
Councilmember Dovey pulled Consent Item m.
Council member Ferrell pulled Consent Item h.
Federal Way City Council
. Regular Meeting -- December 6, 2005
Page 3 of 6
Consent Item h - Approval of Mid-Biennium Human Services Contracts: Councilmember
I;'erreII rccused himself from this issue, as he is a board member.
MOTION: Councilmemher Dovey moved approval the Mid-Biennium Review of 2005-
2006 Iluman Services Contracts. Coullcilmember Faison second. Thc motion passed 4-0;
Councilmcmber Ferrell recused.
Consent Item III - rencing of Pond at 21st Avc. SW and SW 349111 Place: CouncilmeOlber
Dovcy stated that this item was brought to the City's attention by a citizcn and went
through staft~ committee and now the City Council and had it not been for the citizcn
request the city would not be fencing the pond.
MOTION: Councilmember Dovey moved approval of the Fencing of the Pond at 21 sl Avc
SW and SW 349111 Place. Councilmember Burbidge second. The motion carried 5-0.
6. PUBLIC HEARING
a. Code Amendments Selection Process
. Staff Presentation
. Public Hearing
Deputy Mayor Kochmar opened the Public Hearing rcgarding the Code Amendment
Selection Process at 7:28 PM. She read into the record thc process the hearing would
f()llow and askcd for a staff presentation.
Senior Planner Margaret Clark reviewcd the Code Amendment Selection Process and
stated that the City received six citizen-initiated requests and thrcc city-initiated requests to
the Code. Ms. Clark reviewed each request and stated she would likc dircction from the
City Council as to which of the nine requests the Community Development Departtllent
should pursue for future approval.
Deputy Mayor KochOlar asked for Puhlic Commcnt.
Laurie Lien, Smart Start Day Care - supports code amendment #1 asking the Council to
anlend the sign code to allow local businesses, including day cares, to advcrtise their
businesses year-round using banners. She also stated that sign code cntl)rcement is a waste
of time and it should be the right of the business owners to advertise.
Wallv Costello, Quadrant Homes - supports Code Amendment #3 allowing fi.)r single-
family homes in multifamily zones.
John Potter, Statesidc Investments w supports Code Amendment #4 allowing for town-
house dcvclopmcnt in multifamily zones.
Deputy Mayor Kochmar closed the Public Hearing at 7:52 PM.
FClkral Way City Council
. Regular Meeting - December 6, 2005
Page4of6
Councilmember Dovey stated that perhaps thc LU"I'C (Land Use 'f'ransportation
Committee) code look at the sign code to see if it needs to be reevaluated next year.
MOTION: Councilmember Dovcy moved approval of the LUTC's rccommcndation to
direct staff to further review Requests #2, #3, #4, #7, #8 and #9 Cor further consideration.
Councilmcmber Faison second. The motion carried 5-0.
b. Extending Intcrim Zoning Controls
. Staff Presentation
. Public Hearing
Dcputy Mayor Kochmar opened the Public Ilearing at 7:54 PM.
Community Development Director Kathy McClung addrcsscd thc need for the extension to
the Interim Zoning Controls stating that the original ordinance adoptcd in June 2005
prevents certain types of businesses south of 312th and west of 1-5 (scc agcndabill). Ms.
McClung stated that the Planning Commission is asking f()r somc additional time to review
and analyze the City Center Code Amendments and feels that the code amendments will
not be ready for Council's review for at least another 30 days.
S tate Law req uires a publ ic hearing prior to adoption of an ordinancc that would cxtcnd the
efTective date of interim zoning controls. State Law also rcquircs that any extension be fix
a minimum of six months; however, nothing prcvcnts the Council from terminating the
interim controls prior to the end of the six-month period.
Deputy Mayor Kochmar asked for Public Comment. There were no COl11lnents.
MOTION: Councilmember Faison moved the Public Hearing to consider public cornment
on the proposed ordinance extending thc effcctive date of interim zoning controls be
closed. Councilmember Dovey second. The motion carried 5-0.
Deputy Mayor Kochmar closed thc Public Hearing at 8:01 PM.
7. INTRODUCTION ORDINANCES
a. Council Bill No. 393 - Extcnding Interim Zoning Controls
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHIN(iTON,
EXTENDING THE INTERIM OFFICIAL ZONING CONTROLS ADOPTED ON JUNE 7, 2005 AND
DECLARING AN EMERGENCY (AMENDING ORDINANCE NOS. 05.493 AND 05-499).
City Clerk Hathaway read the ordinance title into the record.
MOTION: Councilmember Faison moved the proposcd ordinance in the agenda be
declared an emergency and approve thc proposed ordinance extending thc effective date of
interim zoning controls ctIective immediately. Councilmember Burbidge second.
Federal Way City Coullcil
. Regular Meeting - December 6, 2005
Page 5 of6
AMENDMENT: Councilmcmber Dovey moved to amend thc intcrim zoning rcgulations
to delcte from the zoning regulations retail establishments primarily selling groceries,
produce, hardware, gardcn and related itcms. Councilmember Ferrell second. The motion
carried 5-0.
AMENDMENT: Councilmembcr Dovey moved to add the following to thc proposed
ordinance extending the interim official zoning controls: "Whcrcas, the intent of the
Council is to allow for an extension shorter th,m what is allowed by statute, and thercforc,
Council will repeal the intcrim zoning controls on the same date as the linal adoption of
City Center zoning controls, which action is expcctcd in carly 2006". Councilmember
Ferrell second. The motion carried 5-0.
MAIN MOTION: Deputy Mayor Kochll1ar called for a vote on the main motion: 'The
main motion as amended carried 5-0.
Assigned Ordinance No. 05-513.
b. Council Bill No. 394 - 21 sl Avenue SW Extension ~SW 356111 Street to 2211d
Avenue SW Condcmnation
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON PROVIDING FOR THE CONDEMNATION, APPROPRIATION,
TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR
EASEMENTS FOR TIlE PURPOSE OF CONSTRUCTING AND INSTALLING RllJI--IT-
OF-W AY IMPROVEMENTS IN THE VICINITY OF 21 ST A VENUE SOUTl-IWEST
EXTENSION (SOUTHWEST 356TH STREET TO 22N1) A VENUE SOUTIlWEST),
TOGE'rHER WITH ALL APPURT'ENANCES AND RELATED WORK NECESSARY
TO MAKE A COMPLErE IMPROVEMENT IN ACCORDANCE WITH APPUCARLE
CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTINCi
TIlE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS
IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION.
City Clerk Hathaway read the Ordinance title into the record.
MOTION: Coul1cilmembcr Ferrell moved to forward Council Bill No. 394 to a second
reading on December 20,2005. Councilmember Faison second. The motion carried 5-0
8. CITY COUNCIL REPORTS
Councilmcmber Faison stated the next fEDRAC meeting is scheduled fCJr December 13,
2005. Staif will be making a presentation on thc vision for downtown ,Uld downtown
property owners/developers will be in attendance.
Councilmember Dovey statcd the next LUTC meeting is scheduled for December 19,2005.
Federal Way City Council
- Regular Meeting - December 6, 2005
Page 6 01'6
Councilmember Burbidge stated the next PRHSPS meeting is scheduled LiJr Dccembcr 12,
2005. She also stated that she attended the State Transportation Improvement Board
Meeting and the Board allocated $9.24 Million for Phase IV ofthe Pacific Highway South
I TOV Lanes Project.
Councilmember Ferrell reported that he attended the grand opening of the new Chipolte
Grill; he also attended the Suburban Cities Association Public Issues Committee meeting
where they appointed committee assignments Lor 2006, talked about annexation and are
developing at 10-year plan to alleviate homelessness.
Deputy MayorKoehmar that on December 9th the Police Departmcnt will be hosting a
prcsentation on auto theft which will be open to the public; the Suburban Citics Association
will meet on Decembcr 14,2005; and the final City Council meeting ofthe year is
scheduled t(H" December 20,2005. There will be a public reception tl1r outgoing City
Manager Moseley prior to the mceting at 7:00 PM.
9. CITY MANAGER REPORT
City Manager David Moseley stated the United Way fundraising event at the City raised
over $20,000; the latest version of the City Update is now on the Web and Channel 21; and
final sentencing of Jason Roberts Lor thc murder of Officer Maher is scheduled for
December 19,2005.
10. EXECUTIVE SESSION
a. Personnel- City Manager Evaluation/Pursuant to RC'W 42.30.11 0(1 (z)
b. Collective Bargaining/Pursuant to RCW 42. ]0. 140(4) (a)
Deputy Mayor Kochmar announced the Council would adjourn to Executive Session at
R:24 PM. Expected time is one hour. No action would be taken.
11. ADJOURNMENT
Council reconvcned from Executive Scssion at 9:00 PM [md Deputy Mayor Kochmar
adjourned the regular meeting of the federal Way City Council.
ATTEST:
~
IA Ira K. Hathaway, Ci y:lerk
Approved by Council on: 12/20/2005