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Council MIN 05-01-2007 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall May 1, 2007 -7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the meeting to order at 7:07 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park present. MOTION: Deputy Mayor Ferrell moved to amend the agenda to add Property Acquisition pursuant to RCW 42.30.110(1 )(b) under executive session discussion. Councilmember Faison second. The motion carried 7-0. 2. PLEDGE OF ALLEGIANCE Deputy Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Swearing-in Ceremony Judge Colleen Hartl Judge Delaurenti performed the Swearing-in Ceremony of Municipal Court Judge Hartl. Judge Hartl thanked the Council and her supporters for the opportunity to serve the City. Council recessed for a welcoming reception of Judge Hartl at 7:21 PM and reconvened at 7:44PM. b. Presentation: Jan Owen, 2007 Woman of Distinction Award for Community Center Fundraising Presented by Federal Way Soroptimists and Councilmember Kochmar Councilmember Kochmar recognized Ms. Owen, as well as Bette Simpson, for their fundraising efforts with the Community Center and congratulated Ms. Owen on her 2007 Woman of Distinction Award. Councilmember Kochmar also thanked the rest of the fundraising team. c. Presentation: Presidential Service Award - Presented to Davina Nolten by Emergency Management Coordinator Ray Gross Mr. Gross commended Ms. Nolten on her work as a volunteer with the Emergency Management Program and presented her with the bronze Presidential Service Award. d. Proclamation: National Day of Prayer May 3, 2007 - Presented to Coach Roach Mayor Park proclaimed May 3,2007 as the National Day of Prayer in Federal Way and presented Bob "Coach" Roach with the proclamation. Coach Roach noted the Prayer Breakfast at the Commons on May 3, 2007 and thanked the Council. e. City Manager - Emerging Issues: . Reorganization of the Federal Way City Code City Attorney Pat Richardson stated the reorganization of the Federal Way City Code (FWCC) is being proposed to make it more user-friendly by consolidating related items from different chapters into one, where appropriate. Ms. Richardson stated there are no substantive changes proposed; this is strictly a house-keeping issue. Staff would like Council direction on how to proceed. Should the process go through one Council Committee; all Council Committees; or come back to the full Council for discussion? MOTION: Councilmember Burbidge moved staffto schedule a study session prior to an upcoming Council meeting when they are ready to present the code revisions; Councilmember Kochmar second. The motion carried 7-0. . King County Parks Levy Assistant City Manager Iwen Wang stated the King County Executive is proposing two, county-wide, six -year parks levies for the August 21, 2007 Primary Ballot. The first is a $.05 per $1,000 A V to renew the expiring parks maintenance and operations (M&O) levy. The second is a capital levy, also proposed at $0.5 per $1,000 A V to invest in new regional acquisitions, city projects and the Woodland Park Zoo. The Suburban Cities Association (SCA) has a number of concerns with this proposal: 1) that it does not consider potential reduced service responsibilities from annexations; 2) if King County does not have sufficient resources to maintain current parks/trails/open spaces, how the M&O costs would be addressed for the proposed expansions of facilities to be funded by the new capital levy; and 3) the number of tax-increase ballot measure that will be presented to the voters and the effect that may have on issues such as the EMS and transportation sales tax measures. Ms. Wang stated that the Public Issues Committee has directed the SCA Board of Directors support the $.05 renewal Parks Levy, but deny support for the proposed $.05 expansion levy. 4. CITIZEN COMMENT John Wilde - submitted written comments thanking the Public Works Department and the City Council for their work. He also asked about broadcasting the upcoming Festival Days Event on Channel 21. Gian Singh - asked for assistance with a situation he has with a neighbor regarding a sewer line problem. City Manager Neal Beets took his information and will have direct staff to contact him. Lisa Johnson - encouraged the City to get more positive feedback saying Federal Way is a wonderful community but the news media only covers the negative; it should be promoted positively. She sited a publication by the Seattle Times called South East Liying and stated it never covers the City. Councilmember Burbidge stated she had a meeting earlier today with that very publication and voiced the same concerns. She hopes it will have a positive outcome. Ed Plumlee - spoke in support of the Medic One/EMS Levy. . 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the April 17, 2007 Regular Meeting Minutes b. Vouchers c. Monthly Financial Report d. Banking Services Contract with Bank of America e. S. 308th St Stonnwater Facility Modification Project f. 2007 Pavement Marking Contract g. Alternative Cross Sections for Pac Hwy S HOV Phase N h. Proposed King County Flood Control Zone District 1. 2007 Human Services Commission Work Plan J. Resolution Supporting County-wide 2008-2013 Medic One/EMS Levy k. Approval of Demolition Contract for Fonner AMC Theaters Building 1. Use of Local Infrastructure Financing Tools (Lift) in Federal Way Councilmember Kochmar pulled Consent Item j. MOTION: Deputy Mayor Ferrell moved approval of Consent Items a, b, c, d, e, f, g, h, i, k and I. Councilmember McColgan second. The motion carried 7-0. Consent Item i: Resolution supporting County-wide 2008 -2013 Medic One/EMS Levy Councilmember Kochmar stressed the importance of support on this issue stating she and Mayor Park have been meeting with other jurisdictions on the proposed EMS leVy and at the last minute King County proposed a levy lid-lift which raises concerns about cities within the County receiving their fair share. She asked Assistant City Manager Iwen Wang to address/brief the public on the details of the levy. Ms. Wang stated that the County Council proposed the lid-lift option within the last two weeks. Ms. Wang outlined the differences between a levy and a levy lid-lift via a Power Point Presentation. A levy requires 60% voter approval with 40% of registered voters voting from the last election; a lid-lift only requires 50% voter approval. The levy would be assessed at $.30 per $1,000 A V while the lid-lift starts out at $.25 per $1,000 but grows at a higher/faster rate. The City's concern with the lid-lift is that once King County's capacity is used up, the junior taxing districts would be expected to reduce their levy rate through a statutory pro-ration process. An EMS Levy requires approval from jurisdictions with 50,000 or more in population before it can go to ballot (within King County there are seven jurisdictions meeting that threshold); a lid-lift does not have the same requirement. She also stated the County has the option to make the levy lid-lift a permanent option. Ms.. Wang recommended Council approve the resolution supporting the levy as presented (not the lid-lift); ifthere is a change of status, staff will come back to the Council with more information Al Church, South King County Fire and Rescue Chief addressed the Council on the discussions between the County and various entities for the past 18 months and the King County just introduced the lid-lift option within the past two weeks. He attended a meeting of the King County Council of the Whole at which he expressed his opposition to this issue. MOTION: Councilmember Kochmar moved approval ofthe resolution as presented. Deputy Mayor Ferrell second. The motion carried 7-0. Assigned Resolution # 07-747. 6. INTRODUCTION ORDINANCES a. Zero Lot Line Townhouses aqd Small Lot Development Code Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 1'8 (ENVIRONMENTAL PROTECTION) OF THE FEDERAL WAY CITY CODE (FWCC) RELATING TO CATEGORICAL EXEMPTIONS: AMENDING SECTION 18-73; AMENDING CHAPTER 20 (SUBDIVISIONS) OF THE FWCC RELATING TO ZERO LOT LINE TOWNHOUSE DEVELOPMENT, SMALL LOT DETACHED DEVELOPMENT AND HOUSEKEEPING ITEMS; AMENDING CHAPTER 22 (ZONING) OF THE FWCC RELATING TO ZERO LOT LINE TOWNHOUSE DEVELOPMENT, SMALL LOT DETACHED DEVELOPMENT AND HOUSEKEEPING ITEMS; AMENDING SECTIONS 22-1, ARTICLE XI DISTRICT REGULATIONS RELATING TO DIVISION 3 SINGLE- FAMILY RESIDENTIAL (RS), DIVISION 4 MULTI-FAMILY RESIDENTIAL (RM), DIVISION 7 COMMUNITY BUSINESS (BC), DIVISION 8 CITY CENTER-CORE (CC- C) AND CITY CENTER-FRAME (CC-F) AND DIVISION 10 BUSINESS PARK (BP); AND NUMEROUS RELATED AMENDMENTS. MOTION: Councilmember Dovey moved to forward the Ordinance to second reading/enactment on the May 15,2007 agenda. Councilmember McColgan second. The motion carried 7-0. 7. COUNCIL BUSINESS a. Council Committee Appointments MOTION: Mayor Park moved to reduce the number of Council Committees from three to four. Councilmeinber Kochmar second. The motion carried 7-0. The Council Committees are Finance, Economic Development and Regional Affairs Committee (FEDRAC); Parks, Recreation, Human Services and Public Safety Committee (PRHSPS) and the Land Use/Transportation Committee (LUTC). Member assignments are as follows: . FEDRAC: Councilmembers Faison (Chair), Burbidge and McColgan. . PRHSPS: Councilmember Burbidge (Chair), Deputy Mayor Ferrell and Councilmember Kochmar. . LUTe: Councilmembers Dovey (Chair), Kochmar and McColgan. b. Parks and Recreation Commission Appointments MOTION: Councilmember Burbidge moved to reappoint Mari Sciacqua, Carol Otto and George Pfeiffer and to appoint Brian Ailinger to full terms expiring 4/30/2010. She further moved to appoint Adam Ponder as an Alternate with a term expiring 4/30/2010. Councilmember McColgan second. The motion carried 7-0. 8. COUNCIL REPORTS Councilmember Burbidge reported the next Parks, Recreation, Human Services and Public Safety Committee is scheduled for May 3, 2007 at 6:00 PM. She also reported on the April 21, 2007 Graffiti Clean-up and thanked the many volunteers for their efforts. Councilmember Kochmar thanked Maggie Ellis for the recent Writer's Workshop at Dumas Bay. Mayor Park reported he, along with City Manager Beets, attended a Jail Advisory Meeting with other jurisdictions on April 18, 2007. He stated t the City of Renton is leading the charge toward a permanent resolution on jail issues. He also reported on a recent visit to World Vision by the City, Lakehaven Utility District, the School District and the Chamber of Commerce. These agencies have decided to visit a Federal Way business once a month as a group; the first visit was to World Vision. 9. CITY MANAGER REPORT City Manager Beets reported on the Graffiti Clean-up stating the City had 59 volunteers. He thanked those who participated as well the sponsors which included Panda Express, Home Depot, Wal-Mart and Parker Paint. The City estimates 70% ofthe graffiti was cleaned and there has been little retagging in the 10 days since the event. He also stated a notice regarding graffiti violations/penalties went to every student in the school district. Mr. Beets reported the Council's Executive Session is expected to last approximately 30 minutes with no action. 10. EXECUTIVE SESSION Council adjourned to Executive Session at 9: 19 PM to discuss the following issues: a. Potential Litigation pursuant to RCW 42.30.110(1 )(i) b. Added Executive Session. Item - Property Acquisition pursuant to RCW 42.30.11O(1)(b) 11. ADJOURNMENT Mayor Park adjourned the Regular Meeting at 9:54 PM. ATTEST: