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Council MINS 07-03-2001 Regular FEDERAL WAY CITY COUNCIL Council Chambers - City Hall Regular Meeting July 3, 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. Councilmembers present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Eric Faison, and Dean McColgan. Staff present: City Manager David Moseley, City Attorney Bob Sterbank, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Councilmember Michael Hellickson led the flag salute. III. PRESENTATIONS a. SPIRIT AwardIMonth ofJuly City Manager David Moseley announced and introduced Patrick Briggs, as the SPIRIT Award winner for the month of July. Patrick Briggs, the Executive Assistant for the City Manager Office's exhibits the highest standards of integrity, dedication, and responsibility in serving the City with pride, dignity, and true team spirit. Mr. Briggs thanked the City Manager and Council for this recognition, noting he is proud to be a part of such a fun, creative environment, and enjoys working with the city's very professional staff. ORIGINAL Federal Way City Council Regular Meeting Minutes Juty 3, 2001-Page 2 b. AWC Municipal Achievement Awards City Manager David Moseley presented the Public Safety Department's Victim Assistance Program with the 2001 Association ofWasJùngton Cities Municipal AcJùevement Award for populations over 40,000. Victim Assistance Manager Bonnie Lindstrom accepted the award and thanked the City Manager and Council for their support of the program. City Manager David Moseley presented Community Development Department's Sign Code Compliance staffwith the 2001 Association ofWasJùngton Cities Municipal Achievement Honorable Mention for populations over 40,000. Community Development Director Kathy McClung accepted the award and thanked her staff, the Mayor and Council. She spoke to the success of the sign code program, stating there were 900 sign violations in 1995 vs. the current count of only 75 signs in noncompliance throughout the entire city. City Manager David Moseley presented the City of Federal Way's Wellness Committee with the 2001 Association ofWasJùngton Cities Well-City Award. Wellness Committee members Deb Barker and Sandy Lyle accepted the award noting the Wellness Committee's goal is to promote fitness and wellness to staff through programs such as yearly osteoporosis screening, quarterly pancake breakfasts and wellness walks. ProclamationlParks & Recreation Month c. Deputy Mayor Kochmar read and awarded the Parks & Recreation Month Proclamation to Parks, Recreation, and Cultural Services Director Jennifer Schroder. Ms. Schroder thanked Council for tJùs recognition, and invited everyone to attend the Red, White and Blues Festival that is being held at Celebration Park on July 4th. She also encouraged citizens to attend the Summer Concerts held at Steel Lake tJùs summer. d. Posthumous RecognitionILouie Liu Councilmember Burbidge read the posthumous recognition for the late Louie Liu. She noted he was a dedicated citizen who unselfishly gave to the community over the last several years. Mr. Liu was a founding member and first president of the Federal Way Community Caregiving Network and Federal Way Job Center. He was also active in the Habitat for Humanity, Rotary, and Kiwanis Clubs. Federal Way City Council Regular Meeting Minutes July 3, 2001 - Page 3 e. City Manager/Introduction of New EmDloyees City Manger David Moseley welcomed and introduced the new Community Development Deputy Director Patrick Doherty. f CitY ManaaerÆmerging Issues City Manager asked Chief Anne Kirkpatrick to update Council on a neighborhood issue that was brought to Council approximately 6 weeks ago. Chief Kirkpatrick noted the activity at the Badly residence and surrounding neighborhood has calmed down dramatically in the last few weeks. She noted Commander Ken Morgan and Officer Heavener have both been in contact with the neighbors and residence, including 2 block watch meetings. She noted even though the incidents and calls for service have been down, the Department will continue to monitor the area. IV. CITIZEN COMMENT Morgan Llewellyn, spoke on behalf of the Weyerhaeuser and Quadrant Corporations. He asked the request for a change in zoning for the BP zone be respectfully withdrawn. H. David KaDlan, spoke to announce the 2nd annual Garden Tour being held Saturday, July 21" from 10:00 a.m. to 6:00 p.m.; citizens may purchase tickets at the Red, White, and Blues Festival or by calling 253-529-9857. Sheila Criscione, spoke in opposition to the Mega Churches Code Amendment, noting her concerns over the tax burdens of residential communities. Shirlev Gylbraa, spoke in opposition to the Mega Churches Code Amendment, noting the city would be loosing a substantial amount of tax generated property. She urged Council to make decisions that would decrease the residential share of the tax burdens. Neil Cook, spoke in support of the resolution to disapprove the BP zoning changes. Margaret Nelson spoke in support of the resolution to disapprove the BP zoning changes, also noting the business taxes vs. the residential taxes. V. CONSENT AGENDA a. b. c. Minutes/June 19 2001 Regular Meeting -Approved Vouchers-Approved MontWy Financial ReportlMay 200 I-Approved Federal Way City Council Regular Meeting Minutes Juty 3, 2001 - Page 4 d. Council Bill #275/Code Amendment/Park Regulations Enactment Ordinance-Approved Ordinance #01-396 AT&T Lease AgreementIBP A Trail Phase III-Approved Set Public Hearing for Milton Road Street Vacation/Resolution-Approved Resolution #01-340 Set Public Hearing for TIP/Resolution-Approved Resolution #01-341 To Disapprove Amendments to FWCC Chapter 22 to IncOl:porate or to Permit "Mega-Churches" in the Business Park (BP) ZonelResolution- Approved Resolution 01-342 2001 Bulletproof Vest Partnership Grant-Approved Yakima County Jail Interlocal Agreement Amendment-Approved Police Firearms Bid Award-Approved e. £ g. h. i. j. k COUNCILMEMBER HELLICKSON MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER MCCOLGAN SECOND. Deputy Mayor Kochmar pulled item (a)/Minutes/June 19, 2001 Regular Meeting. Councilmember Faison pulled item (d)/Council Bill #275/Code AmendmentslPark RegulationslEnactment Ordinance. Councilmember Kochmar pulled item (h)/To Disapprove Amendments to FWCC Chapter 22 to Incorporate or to Permit "Mega-Churches" in the Business Park (BP) ZonelResolution. The main motion to approve Consent Items: (b), (c), (e), (f), (g), (i), 0), and (k) passed as follows: Burbidge Faison Gates Hellickson Kochmar McColgan Park yes yes yes yes yes yes yes Consent Item (a)/Minutes/June 19,2001 Regular Meeting: DEPUTY KOCHMAR MOVED APPROVAL OF THE DRAFT MINUTES AMENDING PAGE 5, SECOND PARAGRAPH FROM THE BOTTOM, TO CORRECT THE DATE OF THE PARKS/RECREATION/HUMAN SERVICES/PUBLIC SAFETY COMMITTEE MEETING TO JULY 9TH; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Kochmar McColgan yes yes yes yes Federal Way Cüy Council Regular Meeting Minutes July 3, 2001 - Page 5 Gates Hellickson yes yes Park yes Consent Item (d)/Council Bill #275/Code AmendmentslPark RegulationsÆnactment Ordinance. COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT ITEM (d) AS PRESENTED; COUNCILMEMBER MCCOLGAN SECOND. COUNCILMEMBER FAISON MOVED TO AMEND COUNCIL BILL #275/CODE AMENDMENTSIPARK REGULATIONS TO DELETE THE PROPOSED AMENDMENT TO ADD A SUBSECTION (c) TO SECTION 11-60; AND TO DELETE THE PROPOSED AMENDMENT TO THE FIRST LINE OF SECTION 11-69, SO THAT THE SECTION WILL STILL READ: "A PERSON IS GUILTY OF DISORDERLY CONDUCT IN A PARK IF HE OR SHE" COMMITS THE ACTIONS DESCRIDBED IN THE SECTION. COUNCILMEMBER MCCOLGAN SECOND. The amendment passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson yes The main motion, as amended, passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson yes Consent Item (h)/To Disapprove Amendments to FWCC Chapter 22 to Incorporate or to Permit "Mega Churches" in the Business Park (BP) Zone/Resolution. COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF CONSENT ITEM (h)/TO DISAPPROVE AMENDMENTS TO FWCC CHAPTER 22 TO INCORPORATE OR TO PERMIT "MEGA CHURCHES" IN THE BUSINESS PARK (BP) ZONE; COUNCILMEMBER FAISON SECOND. Following a brief explanation of the resolution by Councilmember McColgan, the motion passed as follows: Burbidge Faison yes yes Kochmar McColgan yes yes Federal Way City Council Regular Meeting Minutes July 3, 2001 - Page 6 Gates Hellickson VI. yes yes Park yes INTRODUCTION ORDINANCES Council Bill #276/Municipal Court Code Amendment AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, WASIllNGTON, AMENDING TIIE FEDERAL WAY CITY CODE RELATING TO APPOINTMENT OF JUDGES PRO TEMPORE (AMENDING ORDINANCE NO. 99- 339). a. COUNCILMEMBER BURBIDGE MOVED COUNCIL BILL #276/MUNICIPAL COURT CODE AMENDMENT TO SECOND READfflGŒNACTMENTAT THE NEXT REGULAR COUNCIL MEETING, JULY 17TH; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson b. yes yes yes yes Kochmar McColgan Park yes yes yes Council Bill #277/Non-Conformances Created by Government Acquisition ofRililit-of-Way AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, W ASIllNGTON. AMENDING TIIE FEDERAL WAY CITY CODE CHAPTER TWENTY-TWO, ARTICLE IV, WITH RESPECT TO NONCONFORMANCES CREATED BY GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT OF WAY EXPANSION (AMENDING ORDINANCE NOS. 90-43, 91-113, 92-135, 92-144, 95-235, 97-307 & 99-357). COUNCILMEMBER MCCOLGAN MOVED COUNCIL BILL #277/NON- CONFORMANCES CREATED BY GOVERNMENT ACQUISITION OF RIGHT- OF-WAY TO SECOND READfflGŒNACTMENT AT THE NEXT REGULAR MEETfflGJULY 17TH; COUNCILMEMBERFAISON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes July 3, 2001 - Page 7 VII. CITY COUNCIL REPORTS Councilmember Gates announced the next meeting of the FinancelEconomic DevelopmentlRegional Affairs Comnùttee would be held July 25th at 9:00 a.m.; she also updated Council on various regional issues. Councilmember Burbidge announced the next meeting of the ParkslRecreationIHuman Services Comnùttee will be held July 9th at 12:00 noon; and updated Council on her attendance at various regional meetings. She also reminded citizens to attend the Red, White and Blues Festival July 4th at Celebration Park. Councilmember Hellickson recognized two youths in the community who had recently obtained their Eagle Scout badge. Councilmember Faison had no report this evening. Councilmember McColgan announced the next meeting ofthe Land Use/Transportation Comnùttee would be held July 16th at 5:30 in Council Chambers. Deputy Mayor Kochmar updated Council on her attendance at various regional meeting and community events, and noted Congressman Adam Smith would be visiting City Hall in mid-August. Mayor Park extended his thanks to city staff who were involved in the projects awarded recognition by the Association of Washington Cities during the recent annual conference. He encouraged all citizens to attend the Red, White, and Blues Festival beginning tomorrow afternoon at Celebration Park, with the fireworks display commencing promptly at 10: 15 p.m. VIII. CITY MANAGER REPORT City Manager David Moseley also encouraged citizens to participate in the Red, White, and Blues Festival at Celebration Park for the 4th of July celebration. He noted a detailed description and calendar of events was available on the city's web page. He noted he was happy to announce the work has begun on the new play structure at Celebration Park, adding it will hopefully be completed by July 14th. Mr. Moseley updated Council on recent Legislative issues-there will be a short special session held, in order to adopt statewide and regional packets. Federal Way City Council Regular Meeting Minutes July 3, 2001-Page 8 City Manager David Moseley announced the programming schedule for the FWTV Channel 21 is now also available on the city's web page. He announced the new intersection signal lights at 320th and SR99 have been switched over; the project should be completed by July 7th. Mr. Moseley welcomed Patrick Doherty, the new Community Development Deputy Director, who will be focusing on many key projects, including a forum to discuss the goals and hopes for the downtown core. He further reminded Council for the need of an executive session for the purposes of discussing property acquisition/pursuant to RCW 42.30. 110(1)(b) and potential litigation/pursuant to RCW 42-30-110(1) (i); with an expected duration of 45 minutes, with no action anticipated. Ix. EXECUTIVE SESSION a. b. Property AcquisitionlPursuant to RCW 42.30.11 O(l)(þ) Potential LitigationlPursuant to RCW 42.30.11 0(1)(i) At 8: 12 p.m. Mayor Park announced Council would be recessing to executive session for approximately 45 minutes, with no action anticipated. Following two 30-minute extensions of the executive session, Council returned to Chambers at 10:02 p.m. x. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at 10:02 p.m.