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Council MINS 02-02-1999 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING February 2, 1999 - 7:00 PM Council Chambers - City Hall MINUTES I. CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:05 PM. Councilmembers Present: Mayor Gintz, Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, Kochmar and Watkins. Staff Present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, City Clerk Chris Green, Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the Pledge of Allegiance. III. PRESENTATION a. SPIRIT Award/Month of January City Manager Kenneth Nyberg presented Deputy Parks & Recreation Director Dave Wilbrecht with the January SPIRIT Award. b. Arts Commission Introductions/Certificates Councilmember Gates introduced the new Arts Commission members appointed at the January 19, 1999 City Council Meeting, and presented them with their certificates. c. Emer~ing Issues City Manager Ken Nyberg stated that this item will be a regular agenda item used to update the Council on current issues pertaining to citizen concerns. Cary Roe, Public Works Director, addressed the issue of pedestrian safety in the City. Mr. Roe reviewed what the City has done in the past to increase pedestrian safety and what the City plans to do in the future regarding this issue. ORIGINAL City Council Regular Meeting February 2, 1999 - Page 2 Stephen Clifton, Community Development Director, addressed the number ofletters received by the Council regarding the property commonly known as the Kenwood Pit. Mr. Clifton stated the property is owned by King County and although the county has accepted a proposal from Homesite to have the land subdivided, it is still in the negotiation process and nothing has been done to date. If and when a subdivision application is received by the City, the City will notify the residents/property owners within 300 feet. IV. CITIZEN COMMENT Raymond Croteau, asked Council to support the arts and reinstate the arts budget to full funding. Joan Tabrum, asked Council for continued support of the arts budget. Joe Elston, asked Council to consider the opposition of neighborhoods affected by the proposed light rail plan. Joyce Wierzbicki, thanked Council for the speed bumps installed on 351h Ave. Stated she has concerns regarding the area of 351h Ave and 3401h and asked Council not to let the area become a strip-mall of gas stations. Sharon Wheat. expressed concerns regarding the construction of gas stations in residential areas. Janel Gibb, asked Council to continue to support the arts by reinstating the arts budget to full funding perhaps with the "windfall" money from the Lodging Excise Tax. Dou~ Johnson. supports the arts and asked Council to restore full funding to the arts budget. Joann Piq,uette. supports the arts and asked Council to restore full funding to the arts budget. Lynda Jenkins. Federal Way Historical Society, asked Council to support the Historical Society by designating a portion of the Hotel/Motel tax money and stated all projects go down in history. Paul Schultz. addressed pedestrian safety and lack of traffic signals on 3l71h Street and asked for street lighting on 3161h and 31Th Streets. Geor~e Lee, addressed pedestrian safety in regards to inadequate street lighting. H. David Kaplin, stated funding of Celebration Park is continuing, commended staff on FWTV Channel 28 and thanked Dave Wilbrecht for his work with the Parks/Recreation Commission. Lisa Welch, opposed to the CDBG set-aside and stated if it is approved by the Council it will reduce the Human Services Commissions flexibility in funding programs. Jerry Tabrum, supports the arts and asked Council to restore the arts commission budget. City Council Regular Meeting February 2, 1999 - Page 3 Lorene Fortini, asked Council to restore full funding to the arts budget and thanked Council for the synchronized light at 3201h. Ludwig Sutu, asked Council to support the arts and restore full funding to the arts budget. Bernie Price, stated he supports the arts, and is a member of the Lodging Tax Advisory Committee. Stated a feasibility study should be done before voting on a conference center. Scott Brown. stated the intention of the Lodging Excise Tax is to increase tourism and Council should partner it with other groups such as the utility tax for a long-term capital plan. Ken Peckham, asked Council to approve both the Heritage Woods resolution and ordinance tonight. V. a. b. c. d. e. f. g. h. i. j. k. l. m. n. CONSENT AGENDA Minutes/Januar,y 19. 1999 Regular Meeting Voucher/February 2. 1999 Monthly Financial Repürt/Preliminar,y for December 1998 Communit' Development Block Grant (CDBG) Economic Development Set- ~ Insurance Company & Broker Selection 1999 Interloca1 Agreement with ACC Janitorial Services A¡¡reement Extension/Dumas Bay Resolution/ Herita,ie Woods Div IT Final Plat Approval Resolution/AT&T/TCI Mer~er 1999 Re.placement Reserves 1999 Arts Commission Work Plan 1999 Arts Commission Contracts for Services 1999 Capital Strategy Plan Process Arts Commission Re.placement COUNCILMEMBER DOVEY MOVED TO APPROVE THE CONSENT AGENDA. DEPUTY MAYOR PARK SECOND. Councilmember Kachmar pulled item (d) from the consent agenda. The motion to approve Consent Items a, b, c, e, f, g, h, i, j, k, 1, m, and n carried as follows: Burbidge Gates Kochmar Watkins Dovey Gintz Park yes yes yes yes yes yes yes City Council ReguJar Meeting February 2, 1999 - Page 4 Item (d) - CDBG Economic Development Set-aside: Councilmember Kochmar asked the Chair of the Parks/Recreation/Public Safety and Human Services Committee, Jack Dovey, to explain the reason for the set-aside. Councilmember Dovey explained it gives the commission some guidance On economic development issues. Councilmember Watkins stated the money should go towards infrastructure; roofs On homes and handicap access rather than economic development. Councilmember Kochmar stated the money should go to the less fortunate and the Council should not tie the hands of the commission on how the money should be spent. Councilmember Kochmar stated she will vote against the recommendation to approve the item and stated the Chair of the Human Services Commission, Delbert Hoover, is against the set-aside money for economic development. Councilmember Burbidge gave a briefreVÍew on how the Council arrived at the decision to set- aside monies for economic development, stating the categories speak to capital facilities needs and the proposal fits within the CDBG mission. Councilmember Dovey stated the money is for capital projects in areas that need economic assistance and it is designed for projects that boost the economic vitality of the city. Councilmember Gates stated the money set-aside for economic development will give guidance to people allowing them to become self-sufficient. Deputy Mayor Park stated he supports the proposal and the money used for economic development will benefit the people of this city. Mayor Gintz stated this money is a Community Development Block Grant and not human services money. Mayor Gintz stated allocating money for economic development will improve the quality of life for all citizens and he supports the proposal. COUNCILMEMBER DOVEY MOVED TO APPROVE THE COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT SET-ASIDE. COUNCILMEMBER BURBIDGE SECOND. The motion passed 5-2 as follows: Burbidge Gates Kochmar Watkins yes yes no nO Dovey Gintz Park yes yes yes City Council Regular Meeting February 2, 1999 - Page 5 VI. PUBLIC HEARING Adult Entertainment Moratorium Review Staff Report Citizen Comment City Council Deliberation Resolution Mayor Gintz opened the Public Hearing at 8:47 PM. Mayor Gintz gave a brief overview on how the Public Hearing will be conducted and asked City Attorney Londi Lindell to give a brief presentation on the renewal of the Adult Entertainment Moratorium. City Attorney Londi Lindell stated the need for the renewal of the moratorium was to allow the City to present the code amendments to the Planning and Land Use/Transportation Committees before presentation to the full Council and explained the current moratorium expires on February 12, 1999. Barbara Reid, asked Council to extend the moratorium. John Harrison, asked Council to extend the moratorium. Ron Walker, asked Council to extend the moratorium. Mayor Gintz read into the record comments from 5 citizens supporting the continuation of the moratorium On adult entertainment: Anita Bruce, Joyce Ivory, Myrene Bruce, Ronelle McGraw, and Jean McGraw. Tina Andres, asked Council to extend the moratorium and stated she is opposed to adult entertainment in Federal Way. An~ela Smith, asked Council to consider the majority of the community who oppose adult entertainment in the City and asked Council to extend the moratorium. Paul Schultz, asked Council to extend the moratorium. Mayor Gintz closed the Public Hearing on the Adult Entertainment Moratorium at 9:07 PM. COUNCILMEMBER BURBIDGE MOVED TO ADOPT THE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING A MORATORIUM FOR 6 MONTHS, OR UPON ADOPTION OF CODE AMENDMENTS, WHICHEVER OCCURS FIRST, ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, FOR ADULT ENTERTAINMENT AND ADULT RETAIL USES. COUNCILMEMBER GATES SECOND. City Council Regular Meeting February 2, 1999 - Page 6 The motion carried as follows: Burbidge Gates Kochmar Watkins VII. yes yes yes yes Dovey Gintz Park CITY COUNCIL BUSINESS Human Services Commission Appointments yes yes yes COUNCILMEMBER DOVEY MOVED TO APPOINT BILL FOULKES TO A 2- YEAR TERM, RICHARD BYE, RICK AGNEW, AND REVEREND JONATHAN SCHMICK TO 3.YEAR TERMS ON THE HUMAN SERVICES COMMISSION, AND DONNA WILLIAMS AND KEVIN KING AS ALTERNATES TO 3-YEAR TERMS. COUNCIL MEMBER KOCHMAR SECOND. The motion passed unanimously. Burbidge Gates Kochmar Watkins VIII. yes yes yes yes Dovey Gintz Park INTRODUCTION ORDINANCES yes yes yes a. Council Bill #213/Rezone for Herita~e Woods Diy II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REZONING A PORTION OF AN APPROXIMATELY 15 ACRE SITE GENERALLY LOCATED BETWEEN SOUTH 282ND AND SOUTH 284TH STREETS, WEST OF MILITARY ROAD, WITHIN THE CITY OF FEDERAL WAY, FROM SINGLE-FAMILY RESIDENTIAL (RS 9.6) TO SINGLE-FAMILY RESIDENTIAL (RS 7.2), (REZ92-0003). MOTION BY COUNCILMEMBER WATKINS TO MOVE COUNCIL BILL #213 TO SECOND READING/ENACTMENT ORDINANCE TO THE FEBRUARY 16, 1999 CITY COUNCIL MEETING. COUNCILMEMBERKOCHMAR SECOND. The motion passed 4-3 as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park no no no City Council ReguJar Meeting February 2, 1999 - Page 7 b. Council Bill #214/Soecial Lodgin~ Excise Tax AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, LEVYING A SPECIAL EXCISE TAX OF ONE PERCENT ON THE SALE OR CHARGE MADE FOR THE FURNISHING OF LODGING BY ANY HOTEL, ROOMING HOUSE, TOURIST COURT, MOTEL OR TRAILER CAMP. AND THE GRANTING OF ANY SIMILAR LICENSE TO USE REAL PROPERTY; ESTABLISHING A SPECIAL REVENUE FUND (HOTELIMOTEL TAX NO. 109) FOR THE TAX: PROVIDING PENALTIES FOR NONPAYMENT OF THE TAX OR VIOLATION OF THE REQUIREMENTS OF THE TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOTION BY COUNCILMEMBER GATES TO MOVE COUNCIL BILL #214 TO A SECOND READING/ENACTMENT ORDINANCE TO THE FEBRUARY 16, 1999 COUNCIL MEETING. COUNCILMEMBER BURBIDGE SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes IX. CITY MANAGER REPORT City Manager Ken Nyberg announced the Council mini-retreat will be held on February 27, 1999 from 10-2 PM (place yet to be determined), Mayor Gintz will hold his State of the City Address on February 3, 1999, and Council will hold an executive session on Potential Litigation/Pursuant to RCW 42.30.110(1)(i) and Property AcquisitionlPursuant to RCW 42.30.110(1)(b) with no action expected - anticipated to last approximately 15 minutes. x. CITY COUNCIL REPORTS Councilmember Dovey stated the next meeting of the Parks/RecreationlPublic Safety & Human Services Committee will be on February 8, 1999 at 5:30 PM. Councilmember Watkins stated the next meeting of the Land Use/Transportation Committee is scheduled for February 16, 1999 at 5:30 PM. Councilmember Burbidge stated she would be attending the Executive Advisory Committee meeting tomorrow, February 3, 1999. Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for February 23, 1999 and updated Council and the public On Sound Transit issues and regional committee meetings. Councilmember Kochmar stated she has been attending the Airport Cities Coalition meetings and City Council Regular Meeting February 2, 1999 - Page 8 hopes to ha,ve a status report for Council at the February 16, 1999 Council meeting. Deputy Mayor Park stated he will attend a Private Industry Council meeting on February 10, 1999. Mayor Gintz stated he will deliver his State of the City address tomorrow at the Aquatic Center. COUNCILMEMBER GATES MOVED TO SUSPEND THE RULES TO ALLOW THE MEETING TO GO PAST 10:00 PM. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes XI. EXECUTIVE SESSION Council adjourned to Executive Session at 9:45 PM. a. Potential Litigation/Pursuant to RCW 42.30.1l0(l)(i) b. Property Acquisition/Pursuant to RCW 42.30.1l0(1)(b) XII. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the February 2, 1999 regular meeting at 10:00 PM.