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Council MINS 12-04-2001 Regular FEDERAL WAY CITY COUNCIL Council Chambers - City Hall Regular Meeting December 4, 2001- 7:00 p.m. I. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of7:03 p.m. Council members present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Council members Jeanne Burbidge, Mary Gates, Michael Hellickson, Eric Faison, and Dean McColgan. Staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Council member Burbidge led the flag salute III. PRESENTATIONS a. Weyerhaeuser Company/Contribution to Dumas Bay Bonsai Courtyard Councilmember Burbidge read and presented the certificate of appreciation to Jan Gibson and David DeGroot. Mr. DeGroot accepted the certificate and thanked Council members, the Arts Commission, and Recreation/Cultural Seryices Supervisor Mary Faber for their recognition of the project: b. City Manager/Introduction of New Employees Mr. Moseley announced there are no new employees. c. City ManagerŒmerging Issues City Manager David Moseley announced there are no emerging issues to report. ORIGINAL Federal Way City Council Regular Meeting Minutes December 4, 2001-Page 2 of9 IV. CITIZEN COMMENT Roy Parke, expressed concerns regarding the 356th Street Regional Storm Water Retention/Detention Facility Property Condemnation on tonight's agenda. Trise Moore, spoke on behalf of the Diversity Commission, giving Council a brief update on the Commission's current projects. Michael Massoth, speaking on behalf of the Barclay Place Homeowners Association, asked Council members to look into the possibility of partnering with the their homeowners association to make improvements to a highly-used gravel pathway, which runs through his neighborhood. Lorraine Nertherton, expressed her concerns regarding the reappointment of Municipal Court Judge David Tracy. City Manager David Moseley noted he has already met and discussed those concerns with Judge Tracy, and feels confident with his reappointment decision. v. CONSENT AGENDA a. b. Minutes/November 20 2001 Regular Meeting -Approved Vouchers-Approved Monthlv Financial Report/Month of October-Approved Council Bill #285/2001 Housekeeping Budget Adjustment -Approved Ordinance #01-406 Council Bill #286/Property Tax Rate-Approved_Ordinance #01-407 Council Bill #287/2001-02 Biennial Budget Adiustment-ApprOl'ed Ordinance #01-408 2002 Arts Contract for Services Funding-Approved Human Services Commission Appointment (unexvired term) -Approved 2001-2002 Youth Commission Work Plan-Approved Parks Property Acquisition Recommendation-Approved Municipal Judge Reappointment-Approved Fee Schedule Amendment/Resolution-Approved Resolution #01-351 South Campus Bible School Final Plat Approval/Resolution-Approved Resolution #01-352 Year 200 I Asphalt Overlay ProiectlFinal Proiect Acceptance/Retainage Release-Approved Pacific Highway South HOV Lanes/Phase r Proiect (So 31 Oth to So 324th St)/Pacific Highway South HOV Lanes Phase II Project (So 324th to So 340th Stirn-Service Design Evaluation of Median Trees-Approved BPA Trail/Phase III ProjectlFinal Project Acceptance/Retainage Release- ApprOl'ed c. d. e. f g. h. i. j. k I. m. n. o. p. Federal Way City Council Regular Meeting Minutes December 4, 2001-Page 3 of9 COUNCILMEMBER HELLICKSON MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. Council member Hellickson pulled the following consent agenda items: Item (e)! Council Bill #286/Property Tax Rate: Item (f)/ Council Bill #287/2001-02 Biennial Bud¡¡:et Adjustment. and Item (k)/Municipal Jud¡¡:e Reappointment The motion to approve Consent Items (a), (b), (c), (d), (g), (h), (i), G), (I), (m), (n), (0), and (p) passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes Consent Item (e)! Council Bill #286/Property Tax Rate: Council member Hellickson asked for a staff report. Management Services Director Iwen Wang provided Council members with a brief background on the proposed property tax rate COUNCILMEMBER GATES MOVED APPROVAL OF CONSENT ITEM (e)/COUNCIL BILL #286/PROPERTY TAX RATE AS PRESENTED; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes no Kochmar McColgan Park yes yes yes Consent Item (£)/ Council Bill #287/2001-02 Biennial Budget Adjustment COUNCILMEMBER HELLICKSON MOVED TO AMEND COUNCIL BILL #287 TO EXCLUDE THE $30,000 BUDGETED FOR THE CITY'S 2002 AIRPORT COMMUNITIES COALITION (ACe) DUES; DEPUTY MAYOR KOCHMAR SECOND FOR DISCUSSION PURPOSES ONLY. Federal Way City Council Regular Meeting Minutes December 4, 2001-Page 4 0/9 DEPUTY MAYOR KOCHMAR THEN PROPOSED A FRIENDLY AMENDMENT TO BUDGET THE SUM OF $15,000 FOR THE CITY'S 2002 ACC DUES; COUNCILMEMBER HELLICKSON ACCEPTED HER FRIENDLY AMENDMENT TO BUDGET THE $15,000 AMOUNT. The amendment to reduce the city's budgeted 2002 ACC dues ITom $30,000 to $15,000 passed as follows: Burbidge Faison Gates Hellickson yes no yes yes Kochmar McColgan Park yes yes yes DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF CONSENT ITEM (1)/ COUNCIL BILL #287/2001-02 BIENNIAL BUDGET ADJUSTMENT, AS AMENDED; COUNCILMEMBER MCCOLGAN SECOND. The main motion, as amended, passed as follows: Burbidge Faison Gates Hellickson yes no yes yes Kochmar McColgan Park Consent Item (k)/Municipal Judge Reappointment yes yes yes COUNCILMEMBER HELLICKSON MOVED TO POSTPONE CONSENT ITEM (k) TO THE NEXT REGULAR MEETING ON DECEMBER 18TH, FOR PURPOSES OF DISCUSSING JUDGE TRACY'S REAPPOINTMENT IN AN OPEN FORUM, TO ALLOW FOR INPUT FROM CITIZENS AND CITY STAFF; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows Burbidge Faison Gates Hellickson VI. PUBLIC HEARING yes yes yes yes Kochmar McColgan Park yes yes yes Amendment to Proposed 2002-2007 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) Mayor Park read into record, the procedures to be followed, and opened the public hearing at 8:02 p.m. Federal Way City Council Regular Meeting Minutes December 4, 2001-Page 5 0[9 Staff Report Public Works Traffic Engineer Rick Perez gave a brief presentation to Council on the proposed amendments to the 2002-2007 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP), where a signal improvement at SR99 & S 324th Street would be added. Citizen Comment Charles Connon and Bernard Mottershead, questioned Councilmembers and city staff regarding air quality and proposed property condemnations related to the project. Hearing no further citizen comments, Mayor Park closed the public hearing at 8: 15 p.m. Council Deliberation COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF THE RESOLUTION ADOPTING THE AMENDED 2002-2007 TRANSPORTATION IMPROVEMENT PLAN (TIP) AND THE ARTERIAL STREET IMPROVEMENT PLAN (ASIP); COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes Resolution-Approved Resolution #01-353 VII. CITY COUNCIL BUSINESS Planning Commission Appointments COUNCILMEMBER MCCOLGAN MOVED THE APPOINTMENT OF THE FOLLOWING PERSONS TO THE CITY'S PLANNING COMMISSION: GRANT NEWPORT AS COMMISSIONER; CHRISTINE NELSON, MARTA FOLD!, AND WILLIAM MOORE AS ALTERNATES, ALLWITH 4-YEAR TERMS EXPIRING ON SEPTEMBER 30,2005; COUNCILMEMBER FAISON SECOND. The motion passed as follows: Federal Way City Council Regular Meeting Minutes December 4, 2001-Page 60/9 Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes VIII. INTRODUCTION ORDINANCES a. Council Bill #288/Code Amendment/Arts Commission Reduction in Membership AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTION 2-58 OF THE FEDERAL WAY CITY CODE REDUCING THE NUMBER OF MEMBERS ON THE ARTS COMMISSION. (AMENDING ORDINANCE NOS. 91-84 AND 97-285). COUNCILMEMBER BURBIDGE MOVED COUNCIL BILL #288/CODE AMENDMENT/ARTS COMMISSION REDUCTION IN MEMBERSHIP TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING; COUNCILMEMBER HELLICKSON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #289/356th Street Rel,(ional Storm Water RetentionJDetention Facility Property Condemnation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTION, OPERATION AND MAINTENANCE OF A REGIONAL STORM WATER RETENTION/DETENTION FACILITY IN THE VICINITY OF SOUTHWEST 356TH STREET AND BETWEEN 4TH A VENlÆ SOUTHWEST AND 8TH A VENlÆ SOUTHWEST, ALL WITHIN THE CITY OF FEDERAL WAY. TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS; PROVIDING FOR THE CONDEMNATION, APPROPRIATION, AND TAKING OF REAL PROPERTY NECESSARY THEREFOR: AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LA W FOR SAID CONDEMNATION. Council member Hellickson recused himself on Council Bill #289. Federal Way City Council Regular Meeting Minutes December 4, 2001-Page 70/9 Public Works Surface Water Manager Paul Bucich gave a brief presentation to the Council, outlining the historical progression related to the proposed project. Citizen Comment: Patricia Wilson, addressed Council regarding her property, which is currently linked to proposed Council Bill #289; she asked Council to exclude her property from this project while she continues working with the city on a solution to her concerns. Charles Connon - per Connon's request, Deputy Mayor Kochmar read his written comments into the record-the comments are attached hereto and marked as Exhibit "A". Patricia Owen, expressed her concerns regarding the increased flooding problems on her property. H. David Kaplan, discussed his concerns with drainage, and reiterated his prior efforts to designate the area as open space property. Bernard Mottershead, spoke in opposition to the location of the proposed regional storm water retention/detention facility on 356th Street. Randy Neighbors, also noted his opposition to the location of the proposed regional storm water retention/detention facility on 356th Street. Ron Lilley, expressed his opposition to this project, and questioned why Council did not consider enacting a building moratorium as an option. COUNCILMEMBER MCCOLGAN MOVED COUNCIL BILL #289/356TH STREET REGIONAL STORM WATER RETENTION/DETENTION FACILITY PROPERTY CONDEMNATION TO SECOND READING AND ENACTMENT A T THE NEXT REGULAR CITY COUNCIL MEETING; DEPUTY MAYOR KOCHMAR SECOND. Council asked city staff to address the citizen concerns outlined above. Public Works Director Cary Roe briefed Council on the pending issues associated with this project The pending motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes recused Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes December 4, 2001-Page 8 of9 Ix. CITY COUNCIL REPORTS Council member Gates announced the FinanceÆconomic Development/Regional Affairs Committee does not have a scheduled December meeting, however she noted the Council would be meeting with the 30th District Legislators on December lOth, at 7:30 a.m. She updated Council on regional issues and distributed a written report on Sound Transit. Councilmember Burbidge announced the next meeting of the Parks/Recreation/Human Services/Public Safety meeting would be held December lOth, at 12:00 noon. She reported on her attendance at various regional meetings and reminded Council and citizens of upcoming arts events in the community. Council member Hellickson reminded citizens of the South King County Benefit Dinner and Auction to be held December 6th, starting at 6:00 p.m., at the King County Aquatic Center-all proceeds will benefit the Federal Way Multi-Service Center and Food Bank. Council member Faison had no report. Council member McColgan announced the Land Use/Transportation Committee regular meeting scheduled for December 17th has been canceled. Deputy Mayor Kochmar recognized the high school students in the audience, and commented on citizens coming together during the holiday season, she extended her thanks to Council member Faison for attending the Airport Communities Coalition meeting in her absence Mayor Park noted he and several other Council members attended the city's Holiday Tree Lighting ceremony at the SeaTac Mall on December 1st He reminded citizens of the Sister City Association meeting on December 5th. He announced he will be attending the upcoming special meeting with the 30th District Legislators on December 10th, and the City/School District Liaison meeting on December lth x. CITY MANAGER REPORT City Manager David Mosele¡ reminded Council of the meeting with the 30th District Legislators on December 10 , at 7:30 a.m., to discuss the 2002 legislative agenda. Mr. Moseley thanked Council members Gates, Burbidge, Faison and Deputy Mayor Kochmar for attending the South King County Technology Alliance meeting on November 29th Federal Way City Council Regular Meeting Minutes December 4, 2001-Page 9 0/9 Mr. Moseley said he is pleased to announce the city staff's United Way campaign and silent auction this year raised over $17,000-$2,000 over last year's amount; he extended his thanks to co-chairs Patrick Briggs and Kathy McClung. City Manager Moseley announced tonight's scheduled executive session has been canceled. XI. EXECUTIVE SESSION a. b. c. Potential Litigation/Pursuant to RCW 4230 1l0(1)(i) -canceled Collective BargainingfPursuant to RCW 42.30.l40( 4)(a) -canceled Property AcquisitionlPursuant to RCW 42.30.1100 )(b) -cancele(l XII. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at the hour of9:25 p.m.