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Council MINS 11-02-1999 Regular FEDERAL WAY CITY COUNCIL Council Chambers - City Hall November 2, 1999 REGULAR MEETING - 7:00 PM MINUTES 1. CALL MEETING TO ORDER Deputy Mayor Park called the meeting to order at 7:00 PM. Councilmembers present: Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, Kochmar, and Watkins. Mayor Gintz excused. Staff present: City Manager David Moseley, City Attorney Landi Lindell, Deputy City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Councilmember Dovey led the Pledge of Allegiance. III. PRESENTATIONS a. SPIRIT Award/Month of November City Manager David Moseley presented GIS Analyst Mike Strong with the SPIRIT Award for November. b. City Manager/Introduction of New City Employees City Manager David Moseley introduced Gina Hoffman, Court Services Supervisor. c. City Mana!!er/Emer~in~ Issues Mr. Moseley stated there is no emerging issues report this evening. IV. CITIZEN COMMENT Charles Connon, submitted a letter to Council regarding the Parke Property Condemnation Ordinance and stated he is opposed to the condemnation. Jerry Jackson, supports the 320111 Street Annexation and asked Council to allow the annexation effort to go forward while clarifying county issues. ORIGINAL City Council Regular Meeting November 2, 1999 - Page 2 v. CONSENT AGENDA Minutes/October 19. 1999 Re!!ular Meetin!! - Approved Voucher/November 2. 1999 - Approved Monthly Financial Rc:portlMonth of S<:ptember 1999 - Approved 32Oth Street Annexation/Notice of Intention to Petition for Annexation - Approved BP A Trail Phase III Desi~n - Approved Diversity Commission Vacancy ApJ'Ointrnent - Approved Si~n Pro!!ram Within 320tb/Pacific Hwy Construction Area - Approved Council Bill #231/Trials & Com,petitionlPark Re!!ulations Code Amendment! Enactment Ordinance - Approved Ordinance # 99-351 Erle:lish Creek PIQject!Final Project Ae<:q)tance - Approved a. b. c. d. e. f. g. h. i. COUNCILMEMBER WATKINS MOVED APPROVAL OF THE CONSENT AGENDA. COUNCILMEMBER BURBIDGE SECOND. Councilmember Kochmar pulled Consent Item (d). The motion to approve Consent Items (a), (b), (c), (e), (t), (g), (h) and (i) carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes absent yes Consent Item (d) - 320tb Street Annexation/Notice of Intention to Petition for Annexation: Councilmember Kochmar asked for clarification on this item. Councilmember Watkins stated the Land/Use Transportation Committee reviewed both options presented to them and decided to recommend Option 1, which is not to proceed with the annexation at this time. Councilmember Watkins stated the City does not want to move forward with the annexation while there are legal complications involved. COUNCILMEMBER WATKINS MOVED APPROVAL OF THE COMMITTEE ACTION OPTION (# 1), TO NOT ACCEPT THE NOTICES OF INTENTION TO PETITION AT THIS TIME, BASED ON EXISTING OUTSTANDING CODE VIOLATIONS, AND TO CONSIDER A FUTURE ANNEXATION PROPOSAL FOR THESE PROPERTIES ONLY AFI'ER THE CODE VIOLATIONS ARE RESOLVED. COUNCILMEMBER GATES SECOND. The motion passed 5-1 as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park no absent yes City Council Regular Meeting November 2, 1999 - Page 3 VI. PUBLIC HEARINGS a. Appeal Hearin¡/ßathhouse License Denial/Johnston Deputy Mayor Park read into the record the procedures to be followed in this public hearing and opened the hearing at 7:25 PM. Melissa Johnston, appellant, did not appear for the hearing. Pat Richardson, Assistant City Attorney, gave Council a brief background of the facts of this case and stated the Hearing Examiner upheld the City's decision to deny Ms. Johnston a bathhouse license. Deputy Mayor Park stated the Council will take this matter under advisement to issue a decision on November 16, 1999. Deputy Mayor Park closed the Public Hearing at 7:32 PM. b. Preliminary Hearin¡/I999-2ooo Biennial Bud!!et Adjustments & Pro.perty Tax Rate Deputy Mayor Park read into the record the procedures to be followed for this public hearing and opened the hearing at 7:34 PM. H. David Kaplan, endorsed the City Manager's budget recommendations. MOTION BY COUNCILMEMBER DOVEY TO CWSE THE PUBLIC HEARING. COUNCILMEMBER WATKINS SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes absent yes Deputy Mayor Park closed the public hearing at 7:36 PM. VII. INTRODUCTION ORDINANCES a. Council Bill #232/Proœrty Tax Rate AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2000. MOTION BY DEPUTY MAYOR PARK TO MOVE THE ORDINANCE AS PRESENTED TO A SECOND READING/ENACTMENT AT THE NOVEMBER 16, 1999 CITY COUNCIL MEETING. COUNCILMEMBER DOVEY SECOND. City Council Regular Meeting November 2, 1999 - Page 4 MOTION BY COUNCILMEMBER KOCHMAR TO AMEND PAGE ONE OF THE ORDINANCE TO STATE: NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY FEDERAL WAY, THAT THE LIMIT FACTOR FOR THE REGULAR LEVY FOR THE CALENDAR YEAR 2000 SHALL BE 101.42% BASED ON WCAL INFLATION PLUS AN ADDITIONAL 1.9% FOR THE INCREASE IN ASSESSED VALUE RESULTING FROM THE ANNEXATION AND/OR NEW CONSTRUCTION FOR A TOTAL OF 103.25%. COUNCILMEMBER WATKINS SECOND. The vote on the amendment to the main motion was a 3-3 tie as follows: Burbidge Gates Kochmar Watkins The amendment died. no no yes yes Dovey Gintz Park The vote on the main motion was a 3-3 tie as follows: Burbidge Gates Kochmar Watkins The main motion died. yes yes no no Dovey Gintz Park yes absent no no absent yes MOTION BY COUNCILMEMBER GATES TO MOVE THE ORDINANCE TO A SECOND READING/ENACTMENT ON NOVEMBER 16, 1999, MOVING THE PERCENTAGE RATES FOR THE LIMIT FACTOR FOR THE REGULAR LEVY FOR THE CALENDAR YEAR 2000 BASED ON LOCAL INFLATION, PLUS THE INCREASE IN ASSESSED VALUE RESULTING FROM ANNEXATION AND/OR NEW CONSTRUCTION BE LEFT BLANK UNTIL CONSENSUS IS REACHED BY COUNCIL PRIOR TO APPROVING THE PROPERTY TAX RATE. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes absent yes City Council Regular Meeting November 2, 1999 - Page 5 b. Council Bill #233/SWM-De.pt of Ecolo~y Comnrehensive Stormwater Pro!!ram ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REPEALING CHAPTER 21 OF THE FEDERAL WAY CITY CODE AND ADOPTING NEW SURFACE AND STORM WATER MANAGEMENT, OPERATION AND MAINTENANCE, AND WATER QUALITY CODES AS CHAPTER 21 OF THE FEDERAL WAY CODE. Lisa Austin, SWM Coordinator with the Department of Ecology - stated DOE supports the adoption of this ordinance to bring the City of Federal Way into compliance and congratulated the City on their efforts to move forward. David Moorie, stated more information is needed before the City adopts this ordinance. Mr. Moorie stated taxpayers will end up paying the cost for downstream run-off. MOTION BY COUNCILMEMBER WATKINS TO MOVE TO A SECOND READING/ENACTMENT AT TIlE NOVEMBER 16, 1999 CITY COUNCIL MEETING. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes absent yes VIII. CITY COUNCIL REPORTS Councilmember Dovey stated the next meeting of the Parks/Recreation/Human Services/Public Safety Committee is scheduled for November 8, 1999 at 5:30 PM. Councilmember Watkins stated the next meeting of the Land Use/Transportation Committee is scheduled for November 4, 1999 at 5:30 PM, and there will be a bus tour of telecommunications towers on November 15,1999 at 4:00 PM. Councilmember Burbidge stated she attended the opening ceremony for Habitat for Humanity duplex in Federal Way on October 26, 1999 and attended a Law, Safety and Justice Meeting on October 28, 1999. Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for November 23, 1999 at 5:30 PM and updated Council on regional issues. City Council Regular Meeting November 2. 1999 - Page 6 Councilmember Kochmar stated the Airport Communities Coalition held a public hearing on November 3, 1999 at Foster High School, and thanked Council member Burbidge for attending the groundbreaking for Habitat for Humanity. Deputy Mayor Park stated Council held a study session on the budget earlier in the evening and reviewed the budget calendar. IX. CITY MANAGER REPORT City Manager David Moseley stated the City of Federal Way received a Distinguished Budget Award from the Government Finance Officer's Association for 1999-2000; the City will host a Suburban Cities Association Meeting on November 10, 1999; he attended the Westway Open House of six refurbished town homes stating it is a good example of affordable housing in the City of Federal Way; staff attended the first annual International Community Expo at SeaTac Mallon October 20, 1999; Highline Community College and Hachinohe have signed an International Cooperative Agreement which will further foster the Sister City relationship. x. ADJOURNMENT There being no further business before the Federal Way City Council, Deputy Mayor Park adjourned the meeting at 8:10 PM.