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Council MIN 03-04-2003 Regular FEDERAL WAY CITY COUNCIL Council Chambers - City Hall Regular Meeting March 4, 2003 - 7:00 p.m. Minutes 1. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of7:04 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Jack Dovey, Eric Faison, Mary Gates, Linda Kochmar, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Girl Scout Troop #1865 Girl Scout Troop # 1865 led the flag salute. III. PRESENTATIONS a. Proclamation/Girl Scout Week Mayor Burbidge read and presented the proclamation to Girl Scouts Karina Hartung, Monika Hammon, and Kelsey Lewis. The girls accepted the proclamation and noted they were proud to be Girl Scouts. b. Introduction of New Employees/City Manager City Manager David Moseley was pleased to announce and introduce the following new employees: Brian Bassage, Jonathan Provost, Sierra Scheyer, and Pamela Schmidt as new Recruit Police Officers; Betsy Cable as an experienced Police Officer; Jeff Johnson has been hired as a Development Specialist in the Community Development Department; Brian Roberts has been hired as the new Street Systems Project Engineer in the Public Works (Ç; (0) [P Federal Way City Council Regular Meeting Minutes March 4, 2003 -Page 20/9 Department; and Maryanne Zukowski have been hired as the new Senior Traffic Engineer for the Public Works Department. Mayor Burbidge welcomed the new employees. c. Emerging Issues/City Manager City Manager David Moseley noted there were no emerging issues to present tonight. IV. CITIZEN COMMENT Allan Smith, Chair of the Arts Commission, spoke and introduced the Federal Way Crazy Quilters, who presented the city with an American Flag Quilt. Roy Parke, spoke to Council regarding the condemnation of his former property. Wayne Carlson, spoke to Council and asked the Council to support the Land Use/Transportations Committee's recommendation for Site Specific Request # 1. Newton Bruington, spoke in opposition to re-zoning Military Road South as outlined in the Comprehensive Plan Amendment, Site Specific Request #1. . Tim Hickel, spoke in support of the re-zone of Vilma Taylor property and asked the Council to act and make this business conforming. Ross Radley, spoke on behalf of the residents affected by the proposed re-zone of Military Road property. He asked Council to review inconsistencies in the application, and questioned if the residents were properly notified. Mike Klingman, spoke in opposition to the re-zoning of Military Road South as outlined in the Comprehensive Plan Amendments, Site Specific Request #1, and stated he didn't receive proper notification from the city. James Yoder, Vice-President of Steadfast Companies, who have recently purchased the SeaTac Mall, spoke in opposition to the grid road system proposed in the Comprehensive Plan, as it relates to the Mall property. He asked Council to reconsider this proposal, as he feels it would be a detriment to future development of the Mall. Monty Decker, spoke to in opposition to Site Specific Request #1; noting he was planning on buying a house in the neighborhood, and is now thinking of reconsidering based on the Council's decision. Federal Way City Council Regular Meeting Minutes March 4, 2003 - Page 3 of 9 V. CONSENT AGENDA c. d. Minutes/February 18,2003 Regular Meeting -Approved Vouchers-Approved December 2002 Final Quarterly Financial Report-Approved Acceleration of South 324th Street at SR 99 Project-Approved Pacific Highway South HaV Lanes Phase II Improvement Project (South 324th to 340th Street) 100% Design/Approval & Authorization to Bid- Approved Contract for Upgrade/Enhancements to Public Safety Records Management System-Approved a. b. e. f. COUNCILMEMBER PARK MOVED APPROV AL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DOVEY SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes VI. INTRODUCTION ORDINANCES a. Council Bill #318/2002 Comprehensive Plan Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN AND ADOPTING AMENDMENTS TO THE CITY'S ZONING MAP. COUNCILMEMBER FAISON MOVED TO AMEND COUNCIL BILL #318/2002 COMPREHENSIVE PLAN AMENDMENTS, DENYING SITE SPECIFIC REQUEST #1, AND FORWARD TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING MARCH 18,2003; COUNCILMEMBER P ARK SECOND. Councilmembers discussed Site Specific Request #1 and the possibility of spot zoning. Mayor Burbidge asked for a staff presentation. Senior Planner Margaret Clark gave a brief presentation on the history of this request and further reviewed Site Specific Request #1, and noted a BC zoning designation would be considered spot zoning. Federal Way City Council Regular Meeting Minutes March 4, 2003 -Page 4 0/9 Councilmember Faison noted the Land Use/Transportation Committee would be systematically reviewing the Use Zone Charts next year including reviews of the BC and BN zones. COUNCILMEMBER KOCHMAR MOVED TO AMEND THE MAIN MOTION TO FORWARD THE LAND USEfTRANSPORT A TIONS RECOMMENDATION AND PROPOSED ORDINANCE ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN INCLUDING THE RECOMMENDED CHANGE IN SITE SPECIFIC REQUEST #1 TO BC ZONING WITH DEVELOPERS AGREEMENTS TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING MARCH 18, 2003; COUNCILMEMBER DOVEY SECOND. The amendment passed as follows: Burbidge . Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes DEPUTY MAYOR MCCOLGAN MOVED TO AMEND COUNCIL BILL #318/2002 COMPREHENSIVE PLAN AMENDMENTS TO STRIKE THE GRID ROAD PROPOSAL AS IT RELATED TO THE SEATAC MALL PROPERTY; COUNCILMEMBER DOVEY SECOND. Councilmembers noted they have received a strong reaction from the new owners of the SeaTac Mall regarding the proposed grid roads and do not see this as a necessary project at this time; and added they look forward to working in partnership with the mall. Councilmember Faison stated he supports grid road in the downtown core, however he supported this motion in making an attempt to work with the new owners of the Mall. He did ask the Council address the issue of fairness to other downtown businesses the required grid roads would affect. The amendment passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes The main motion as amended passed as follows: Burbidge yes Kochmar yes Federal Way City Council Regular Meeting Minutes March 4, 2003 - Page 5 of9 Dovey Faison Gates yes yes yes McColgan Park yes yes b. Council Bill #319/City Council Compensation Commission AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,_AMENDING CHAPTER 2, ARTICLES II AND VII OF THE CITY OF FEDERAL WAY CITY CODE AND ADDING A NEW DIVISION 8 TO ARTICLE III CHAPTER 2 TO THE CITY OF FEDERAL WAY CITY CODE ENTITLED "INDEPENDENT SALARY COMMISSION" CREATING THE COMMISSION TO REVIEW AND SET ANNUALLY THE SALARIES OF THE MAYOR AND CITY COUNCIL MEMBERS AND PROVIDING FOR RELATED MATTERS. COUNCILMEMBER PARK MOVED COUNCIL BILL #319/CITY COUNCIL COMPENSATION COMMISSION TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING MARCH 18, 2003; COUNCILMEMBER KOCHMAR SECOND. Councilmembers Faison, Dovey and Kochmar discussed the need to have a process in place, as this issue will be addressed at some time in the future. Councilmember Park also added, the compensation needs to be periodically reviewed to insure these positions are accessible to the average person. Councilmember Gates and Deputy Mayor McColgan announced they would not be supporting this item. Among various other reasons, they feel candidates seeking a Council position should not apply based on monetary compensation. The motion passed 4-3 as follows: Burbidge Dovey Faison Gates no yes yes no Kochmar McColgan Park yes no yes c. Council Bill #320/Modification to FWCC Chapter 9/Licenses & Business Regulations AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY CITY CODE CHAPTER NINE (AMENDING ORDINANCE NOS. 90-55, 90-57, 91-86, 95-229, 95-230, 95-241, AND 95-231) Federal Way City Council Regular Meeting Minutes March 4, 2003 - Page 6 of9 COUNCILMEMBER PARK MOVED COUNCIL BILL #3201M0DIFICATION TO FWCC CHAPTER 9/LICENSES & BUSINESS REGULATIONS TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING MARCH 18,2003; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes d. Council Bill #321/Carryforward Budget Adjustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2003-04 BIENNIAL BUDGET (AMENDS ORDINANCE 02-434). COUNCILMEMBER PARK MOVED APPROVAL OF COUNCIL BILL #3211CARRYFORW ARD BUDGET ADJUSTMENT TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING MARCH 18,2003; COUNCILMEMBER GATES SECOND. Management Services Director Iwen Wang gave a brief presentation to Council outlining the adjustments. She noted ofthe unspent expenditures, $1.4 million will be needed in 2003 for projects in progress, and $250,00'0 in one-time items as follows: 1) Allocate $110,000 for an auxiliary power supply for emergency operation purpose at the City Hall; 2) Provide funding for outside legal counsel for additional sign code activities $103,000; 3) Provide $30,000 for the redesign and upgrade of the City's current website; and 4) Provide $6,000 for a filing system needed at the Municipal Court to take over files from King County District Court. COUNCILMEMBER FAISON MOVED TO AMEND COUNCIL BILL #321, REMOVING THE ALLOCATED $110,000 FOR AN AUXILIARY POWER SUPPL Y FOR CITY HALL; COUNCILMEMBER DOVEY SECOND. Upon questioning, Public Works Director Cary Roe stated the auxiliary power system would be a mobile unit, therefore allowing it to be used at a new location if needed. COUNCILMEMBER FAISON WITHDREW HIS AMENDMENT. The main motion passed as follows: Federal Way City Council Regular Meeting Minutes March 4, 2003 - Page 7019 Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes VII. CITY COUNCIL REPORTS Councilmember Gates reported on her attendance at various regional meetings and committees including the Puget Sound Regional Council. She updated Council and distributed a written report on issues pertaining to Sound Transit and transportation issues in our region; and noted she attended the Audit Entrance meeting with the State Auditors for the annual audit. Councilmember Kochmar reported on her attendance at various regional meetings and committees including the King County Water Quality Committee, which affects our area. She reported on the rally recently held in regards to the proposed DSHS Sex Offender Housing; she noted DSHS are looking at two more potential sites. She encouraged citizens to participate in the "Operation Cookie Drop" on March 10t\ at the 312th QFC where a local radio station would be collecting Girl Scout Cookie donations to send to troops overseas. Councilmember Park thanked Mayor Burbidge and Councilmembers Gates and Kochmar for attending the Legislative Conference. He noted the Council is ensuring our state representatives are addressing the cities issues. He announced the next meeting of the FinancelEconomic Development/Regional Affairs Committee would be held March 25th at 2:00 p.m. in the Mt. Baker Conference Room. Councilmember Dovey had nothing to report this evening. Councilmember Faison announced the next meeting of the Land Use/Transportation Committee would be held March 17th at 5:30 p.m. in Council Chambers. Deputy Mayor McColgan noted he is looking forward to attending the National League of Cities Convention in Washington DC. Mayor Burbidge also noted she would be attending the National League of Cities Convention in Washington DC; and reported to Council on her attendance at various regional meetings including the Regional Policy Committee. She further encouraged citizens to take advantage of upcoming events at the Knutzen Family Theatre at Dumas Bay. Federal Way City Council Regular Meeting Minutes March 4, 2003 - Page 8 of 9 VII. CITY MANAGER REPORT City Manager David Moseley reported the City has received the 2003 City Cultural Diversity Runner-Up Award. The Award will be presented to Mayor Burbidge at the National League of Cities Convention in Washington DC and is based on the Diversity Commission's active role in the community. Mr. Moseley further congratulated four Federal Way residents who have been nominated for the Jefferson Award from the Seattle Post-Intelligencer. Those nominated include Arts Commissioner Peggy LaPorte, Diversity Commissioner Ron Walker, the City's Human Services Manager Lydia Assefa-Dawson, and Federal Way citizen Tim Hogan. He congratulated all four and noted the Jefferson Awards, sponsored in Washington State by the Seattle Post-Intelligencer, acknowledge the contributions of individuals to their communities. He further noted the Community Center and Pool is moving forward. A memo from Parks, Recreation and Cultural Services Director Jennifer Schroder has been distributed to full Council with proposed names for the Community Center Development Advisory Group. He asked Council to respond to Ms. Schroder with any comments they might have. City Manager David Moseley was pleased to announce the complaints lodged against the Police Department have dropped 41 % since last year. He congratulated Police Chief Anne Kirkpatrick and all her staff on an outstanding job. Mr. Moseley reminded Council that Donghae, South Korea's Mayor would be in Federal Way March 24th -29th and Hachinohe, Japan's Mayor will be visiting May 4th -8th. He noted this would be a busy couple of months for the Sister City Association. He further reminded Council the need for an Executive Session for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30.110(1 )(i); and Property Acquisition/Pursuant to RCW 42.30.110(1)(b); for approximately twenty minutes with no action anticipated. IX. EXECUTIVE SESSION At 9:23 p.m. Mayor Burbidge arnìounced the Council would be recessing into Executive Session for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30. 110(1)(i); and Property Acquisition/Pursuant to RCW 42.30.110(1)(b); for approximately twenty minutes with no action anticipated. a. Potential LitigationlPursuant to RCW 42.30.110(1 )(i) Federal Way City Council Regular Meeting Minutes March 4,2003 -Page 9 of9 b. Property Acquisition/Pursuant to RCW 42.30.11 0(1 )(b) Council returned to Chambers at 9:35 p.m. x. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 9:35 p.m.