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Council MIN 03-04-2008 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 4, 2008-7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:01PM. Counci1members Burbidge, Duclos, Ferrell, Kochmar, Park and Deputy Mayor Faison present. 2. PLEDGE OF ALLEGIANCE Todd Beamer High School Jr. ROTC led the Presentation of Colors and the Flag Salute. 3. PRESENTATIONS . Ceremonial Swearing-in Ceremony for Municipal Court Judge David A. Larson Judge Michael Morgan performed the ceremonial Swearing-in Ceremony of Municipal Court Judge David A. Larson (Judge Larson was officially sworn-in on his start date on March 3, 2008). Judge Larson thanked City Manager and Council for his appointment and introduced several family members and friends. Mayor Dovey recessed the meeting at 7: 12 PM for a brief reception honoring Judge Larson. Mayor Dovey reconvened the meeting at 7:27 PM. . City ManagerlEmerging Issues City Manager Beets announced there were no emerging issues to report on this evenmg. 4. CITIZEN COMMENT Betty Tavlor - asked for Council's assistance in asking the Management at the Commons Mall to update their mobility scooters with baskets so patrons will have a place to put their belongings. Ms. Taylor presented pictures of the mobility scooters currently used at the mall vs. those used at the SuperMall in Auburn that do have baskets attached. City of Federal Way City Council Regular Meeting Minutes March" 2008 - Page 2 of 8 Donald Barovic -asked about water quality in Puget Sound and also stated he is waiting on word from the Legal Department on his rights to hunt coyotes. Dennis Mason - spoke on behalf of the Homeowners and Bank Protection Act. He asked Council to pass a resolution in support of this act. Spencer Croft - spoke on behalf of the Homeowners and Bank Protection Act. He asked Council to pass a resolution in support of this act. Mr. Croft left the Council with literature concerning this act. Riana St. Classis -spoke on behalf of the Homeowners and Bank Protection Act. He asked Council to pass a resolution in support of this act. Jennifer Ouiroz -spoke on behalf of the Federal Way Domestic Violence Coordinated Community Response program. Ms. Quiroz invited the Council and public to attend a meeting on March 26th in the Council Chambers from noon to 2:00 PM. Elizabeth Hughes - spoke in reference to the recently passed panhandling ordinance stating that the restrictions make it even more difficult for homeless individuals. Ms. Hughes urged the City Council to keep an open heart. 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 February 19, 2008 Regular Meeting Minutes- Approved b. 2008 Asphalt Overlay Program - Bid Award - Approved c. Surface Water Infrastructure Maintenance and Service Contract - Bid Award - Approved d. Surface Water Management Callout Truck Bed - Bid Award - Approved e. Approval of November 2007 - January 2008 Vouchers -Approved f. December 2007 Monthly Financial Report - Approved MOTION: Deputy Mayor Faison moved approval of the consent agenda as presented. Councilmember Park second. The motion carried 7-0. 6. PUBLIC HEARING a. 2007 and 2008 Comprehensive Plan Amendment Selection Process Mayor Dovey opened the Public Hearing at 7:52PM. He read into the record the process the hearing would follow: Staff presentation, Public Comment then followed by Council questions/deliberations. City of Federal Way City Council Regular Meeting Minutes March 1, 2008 - Page 3 of 8 Planning Manager Isaac Conlen briefed the Council on the six citizen-initiated requests for amendments to the comprehensive plan received this year. He explained that one request, from Puget Sound Energy, is a text amendment request while the remaining requests are site-specific. Mr. Conlen further explained that this Public Hearing is not an endorsement for any request; it is simply being conducted to hear input from citizens and to determine whether any of the requests should move forward through the public process as part of the 2007/2008 Comprehensive Plan Amendment Updates. A brief description of the six requests is as follows (for a full description please see the staff report): Text Request #1 - PSE requests an update to the Utility Chapter of the Comprehensive Plan to reflect existing infrastructure and future planning. Site-specific Request #1 - Mr. Shin is asking for a zoning change from Single- family High-density to Multi-family and RM 2400. Site-specific Request #2 - Federal Way Village LLC requests a zoning change from Multi-family and RM 2400 to Community Business and Community Business (Be) Zoning. Site-specific Request #3 - Ms. Nguyen requests a zoning change from Multi-Family and RM 3600 to Community Business and Community Business (Be) zoning. Site-specific Request #4 - Mr. Koszarek requests a zoning change from Single- family Medium Density and RS 15.0 to Multi-family and RM 2400. Site Specific #5 - Mr. Velasco requests a zoning change from Single-family High Density Residential and RS 9.6 to Neighborhood Business and Neighborhood Business (BN) zoning. PUBLIC COMMENT: William Wright - Attorney for Mr. Koszarek - asked the Council to adopt the Land Use/Transportation recommendation and allow site-specific request #4 to move forward in the review process. Jack Sharloch -spoke in opposition to site-specific request #4 - Koszarek. Tammy Anderson - spoke in opposition of site-specific request #5 - Velasco. Judy Zurilgen - spoke in opposition of site-specific request #4 - Koszarek and submitted photos. Cary Stanton - spoke in opposition of site-specific request #4 - Koszarek. Dan Haeck - spoke in opposition to site-specific request #4 - Koszarek. City of Federal Way City Council Regular Meeting Minutes March 1> 2008 - Page 4 of 8 Jan Campbell- spoke in opposition to site-specific request #4- Koszarek. Ellen Palmer - spoke in opposition to site-specific request #4 - Koszarek. Chuck Wolber - spoke in opposition of the Koszarek rezone request #4. Paul Bernardis - spoke in opposition of the Koszarek rezone request. He stated he is not opposed to the property be developed just the request for high-density. COry Rueb - spoke in opposition to site-specific request #4 - Koszarek. Steven Palmer - spoke in opposition to site-specific request #4 Robert Conner (no sign-up sheet) - spoke in support of site-specific request #4 stating his property is very similar to the Koszarek property and he expects that if decides to develop his property he will be treated fairly. Dawn Torrence (no sign-up sheet) - spoke in opposition to site-specific request #4 David Durham (no sign-up sheet) - spoke in opposition to site-specific request #4- Koszarek. COUNCIL DISCUSSION: Councilmember Kochmar clarified that although the Land Use/Transportation Committee (LUTe) approved moving forward request #4 (Koszarek), that is not an approval of the request - they approved it for further review. Councilmember Duclos clarified that in regards to site-specific request #4, LUTC did not approve the requested Multi-family zoning; they (LUTC Committee Members) amended it to Single-family high density (RS 9.6), but this amendment did not support the request one way or the other, they simply amended it to move forward in the process. Councilmember Ferrell agreed. Council asked several clarifying questions on all requests. Planning Manager Isaac Conlen stated that with any of these requests, if approved they will be studied further before any final approval. The several questions have been raised regarding site-specific request #4 would be looked at and answered in the next phase of the process if this request is moved forward. MOTION: Councilmember Duclos moved to close the Public Hearing. Councilmember Kochmar second. The motion carried 7-0 Mayor Dovey closed the Public Hearing at 9: 17 PM. Council decided to discuss and vote on each request separately. City of Federal Way City Council Regular Meeting Minutes March 1, 2008 - Page 5 of 8 MOTION - Text Request # 1 - PSE - Councilmember Kochmar moved this request forward for further consideration. Deputy Mayor Faison second. The motion carried 7-0. MOTION - Site-specific Request #1- Shin - Councilmember Kochmarmoved this request forward for further consideration. Councilmember Ferrell second. The motion carried 7-0. MOTION - Site-specific Request #2 - Federal Way Village LLC - Councilmember Kochmar moved this request forward for further consideration. Deputy Mayor Faison second. Councilmember Duclos announced she would recuse herself from this vote as she is associated with Metro Place, a property next door to this property and Federal Way Village LLC has asked Metro Place for a right of way through their property if this request is granted. The motion passed 6-0 with Councilmember Duclos recused. MOTION - Site-specific Request #3 - Nguyen - Deputy Mayor Faison moved this request forward with a BC Zone and a Development Agreement or a BN Zone Councilmember Kochmar second. The motion carried 7-0. MOTION - Site-specific Request #4 - Koszarek - Councilmember Kochmar moved not to forward this request on for further consideration. Councilmember Ferrell second. DISCUSSION: Councilmember Burbidge expressed her support of the motion stating this specific request involves sensitive areas. Deputy Mayor Faison supports the motion and encouraged citizens to attend committee level meeting to express their opinions. He also asked the Council look into not allowing high density outside of the downtown core. Councilmember Park stated that while he supports this particular motion one must also respect the property owner's rights. Mayor Dovey agreed with Councilmember Park and stated that just because this particular request is not moved forward, that does not mean the property will never be developed. VOTE: The motion carried 7-0. MOTION: Site-specific Request #5 - Velasco - Councilmember Kochmar moved not to forward this request on for further consideration. Councilmember Duclos second. The motion carried 7-0. City of Federal Way City Council Regular Meeting Minutes March 'J, 2008 - Page 6 of 8 7. CITY COUNCIL BUSINESS a. Appointment to Independent Salary Commission MOTION: Mayor Dovey moved the reappointment of Adebola Adekoya to the Independent Salary Commission with a term expiring February 29, 2012. Councilmember Kochmar second. The motion carried 7-0. b. Approval of Settlement Agreement regarding Comcast Rate Form 1240 Information Technology Director Mehdi Sadri briefed the City Council on this agreement. Mr. Sadri explained that Comcast is required to file FCC forms each year showing how they calculate their rates and that the City has a right to review them. The City retained a consultant to review the forms and they found some potential fee calculation issues and recommended a rate order or settlement agreement. The proposed settlement agreement save customers with limited cable services approximately $0.30 per month. MOTION: Deputy Mayor Faison moved approval and authorized the City Manager to execute the settlement agreement with Comcast. Councilmember Burbidge second. The motion carried. 7-0. 8. INTRODUCTION ORDINANCES a. Sprint Franchise Agreement Amendment City Clerk Laura Hathaway read the Ordinance Title into the record. An Ordinance of the City Council of the City of Federal Way, Washington, Amending Ordinance Nos. 99-359 and 01-386 and the non-exclusive franchise granted therein to Sprint Spectrum, LP, a Delaware Limited Partnership, to occupy rights-of-way of the City of Federal Way, Washington, within the specified franchise area for the purposes of installing, constructing, maintaining, repairing, and restoring a fiber optic communication cable within and through the City of Federal Way. MOTION: Councilmember Park moved the Ordinance forward to a second reading/enactment on March 18,2008. Deputy Mayor Faison second. Mayor Dovey recused himself from this vote. The motion carried 6-0 with 1 recusal. b. Right-of-way Activities Ordinance Amendment City Clerk Laura Hathaway read the Ordinance Title into the record. City of Federal Way City Council Regular Meeting Minutes March 1, 2008 - Page 7 of 8 An Ordinance ofthe City Council ofthe City of Federal Way, Washington, amending the regulation of right-of-way activities. (Amending Ordinance Nos. 90-50 and 92-134). MOTION: Councilmember Park moved the Ordinance forward to a second reading/enactment on March 18, 2008. Deputy Mayor Faison second. The motion carried 7-0. c. 2008 Carry-forward Budget Adjustment Ordinance City Clerk Laura Hathaway read the Ordinance Title into the record. An Ordinance of the City Council of the City of Federal Way, Washington, relating to budgets and finance to carry forward funds revising the 2007- 2008 Biennial Budget. (Amending Ordinance Nos. 06-537, 07-549 and 07- 569). MOTION: Councilmember Park moved the Ordinance forward to a second reading/enactment on March 18, 2008. Deputy Mayor Faison second. The motion carried 7-0. 9. CITY COUNCIL REPORTS Councilmember Park reported that he, along with Mayor Dovey and Community/Government Affairs Liaison Linda Farmer, met with King County Executive Ron Sims on regional transportation issues; reported that he, along with Councilmember Kochmar will be heading to Washington DC for the National League of Cities Conference where they will seek federal funding for several projects including the Triangle project. He also reported the next FinancelEconomic Development/Regional Affairs Committee Meeting is scheduled for March 25, 2008 at 5:30 PM. Lastly, he reported the City is advertising a Latino/Hispanic Liaison position. Councilmember Burbidge reported the next meeting of the ParkslRecreationIHuman Services/Public Safety Committee is scheduled for March 11, 2008 at 6:00 PM. She reported on a meeting earlier today of the Puget Sound Partnership, as a member of the Eco System Coordination Board, where they discussed the value ofPuget Sound; and further reported on various community events including a book reading at Brigadoon Elementary School earlier today and the upcoming Open House at the Community Center on March 11,2008. Councilmember Duclos reported she attended meetings for the Regional Justice Center and the Committee to End Homelessness. Councilmember Kochmar reported the next meeting of the Land U se/Transportation Committee is scheduled for March 17, 2008; she and Councilmember Park will also discuss with Federal Representatives in DC funding for Federal Way projects. Lastly, she read a thank you note from a school teacher who brought her class to the City of Federal Way City Council Regular Meeting Minutes March 1, 2008 - Page 8 of 8 Community Center for a field trip thanking the staff at the center for their professionalism and kindness. Deputy Mayor Faison congratulated Federal Way High School's Basketball Team and their advance to the State semi-finals. Mayor Dovey reported the next Lodging Tax Advisory Committee meeting is scheduled for March 14, 2008 which is their annual retreat. He reported on the past two Town Hall meetings and stated the next one is scheduled for Tuesday, March 11 at NW Church. Lastly he stated he was recently interviewed by Tony Ventrella on the Comcast Local Channel. 10. CITYMANAGERREPORT City Manager Beets reported the council has two items listed on the agenda for discussion in Executive Session. While Executive Session is not expected to be lengthy, he asked for a motion to suspend the rules to go past 10:00 PM. MOTION: Councilmember Kochmar moved to suspend the rules to allow the meeting to continue past 10:00 PM. Councilmember Burbidge second. The motion carried 7-0. 11. EXECUTIVE SESSION Council adjourned to Executive Session at 9:46 PM to discuss the following: a. Potential Litigation pursuant to RCW 42.30.110(1)(i) b. Collective Bargaining pursuant to RCW 42.30. 140(4)(a) 12. ADJOURNMENT Mayor Dovey adjourned the regular meeting at 10:01 PM. ATTEST: