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Council MIN 09-02-2003 Regular FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 2, 2003 - 7:00 p.m. Regular Meeting Minutes I. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of 7 :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 City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Deputy Mayor McColgan led the flag salute. III. PRESENTATIONS a. Arts Commission/Certificates of Appointment Councilmember Linda Kochmar was pleased to present the certificate of appointment to Ted Nelson. b. Life Saving Award Presentation/Public Safety Chief Kirkpatrick presented the life saving award to Officer Sean Gotcher. Officer Gotcher is credited with making a split second life and death decision to s\è;due a dangerous individual who had been in pursuit through 2 neif'~lboring jurisdiction, therefore saving his own and other officer's lives. c. Ceremonial Swearing-In/Police Officers Chief Kirkpatrick was pleased to announce and introduce the three new Police Officers being sworn in tonight. City Clerk Chris Green administered the oath of office to Officer Brian Bassage, Officer Pamela Schmidt, and Officer Sierra Scheyer. Ms. Green congratulated the new officers. (C(Q\?1 Federal Way City Council Regular Meeting Minutes September 2,2003, Page 2 of 10 d. Limited Commission Certificates/Public Safety Chief Kirkpatrick introduced and presented Limited Commission certificates to PSG Kim Lawrence, PSG Jason Wilson, PSG Darlene Deyo, and PSO Oscar Villanueva. e. Introduction of New Employees/City Manager City Manager David Moseley was pleased to announce and introduce Angelina Allen- Mpyisi, who has joined the city as our new Human Services Manager in the Community Development Department. f. Emerging Issues/City Manager City Manager David Moseley announced there were no emerging issues to discuss at tonight's meeting. IV. CITIZEN COMMENT Janelle Massingill and Roy Baynell spoke to Council in opposition to the Oversized Vehicle ordinance on tonight's agenda. Peter Townsend, spoke in favor of the new Community Center, but would like to see it funded through the current budget. Jim Ferrell, supports the community center and asked the Council to look into negotiations between the local health club Bally's Total Fitness. He also distributed a letter to the Council from Ballys. H. David Kaplan, spoke in reference to the previous speaker noting discussion has already occurred regarding this location, noting the age of the building and its size make it a less desirable option. V. CONSENT AGENDA a. b. Minutes/August 2, 2003 Regular Meeting -Approved Vouchers -Approved . Monthly Financial Report-Approved Council Bill #327/Correction to Ordinance No. 03-443/Design Guidelines & Definition of Height (FWCC Sec 22-635, Churches, etc) -Approved Ordinance #03-448 Pre-Disaster Mitigation Program Competitive Planning Grant/Public Notice of Application-Approved So 320th St Utility Underground Conversion Agreement with PSE-Approved c. d. e. f. Federal Way City Council Regular Meeting Minutes September 2, 2003, Page 3 of 1 0 1. Dumas Bay Restoration Project-Approved Grandview Park Off-Leash Area Development Agreement-Approved Silver Lake Neighborhood Traffic Safety (NTS) Project/16th Ave SW- Approved Grant Funding Applications/Transportation Improvement Proiects- Approved 51 st Ave SW Storm Mainline Replacement (Crestview ShoreC1ub.)/30% Design Approval & Authorization to Proceed to 100% Design-Approved g. h. J. k. COUNCIL MEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes VI. PUBLIC HEARING a. Request for Street Vacation of Portion ofPuget Sound Marine View Drive Mayor Burbidge read into the record the procedures to be followed for the Public Hearing and opened the hearing at 7:30 p.m. . Staff Report Public Works Street Systems Manager Marwan Salloum gave a brief staff report, updating Council on the street vacation request. . Citizen Comment Brad McHenry, (applicant) gave background testimony to Council and spoke in favor of the street vacation. Debbie Young, John Reinkens, and Vince Chaiiarden, spoke in favor of the street vacation request. Mary Ann Sharp, spoke in opposition to the street vacation request. Federal Way City Council Regular Meeting Minutes September 2,2003, Page 4 of 10 . City Council DeliberationlDirection Council discussed the street vacation request. Mayor Burbidge closed the public hearing at 8:02 p.m. COUNCILMEMBER FAISON MOVED DENIAL OF THE REQUEST FOR STREET VACATION OF A PORTION OF PUGET SOUND MARINE VIEW DRIVE; COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes no yes yes Kochmar McColgan Park yes no yes b. Community Center Facility Mayor Burbidge read into the record the procedures to be followed for the public hearing and opened the hearing at 8:07 p.m. . Staff Report Parks, Recreation, Cultural Services Director Jennifer Schroder gave a brief update to Council regarding the Community Center Facility. . Citizen Comment Harry Schreiber, Joann Piquette, C.T. Purdom, and H. David Kaplan spoke in support of the community center. Steve McNey spoke asking Council to consider possible loss of business to local athletic clubs by the community center. . City Council Discussion/Potential Action Mayor Burbidge closed the public hearing at 8:35 p.m. COUNCILMEMBER KOCHMAR MOVED TO AUTHORIZE THE CITY MANAGER TO PROCEED INTO SCHEMATIC DESIGN FOR A COMMUNITY CENTER THAT IS 77,540 TOTAL SQUARE FEET WITH A BUILDING BUDGET OF $17.7 MILLION, THAT INCLUDES THE FOLLOWING PROGRAM ELEMENTS-LARGE COMMUNITY ROOM, CLASSROOMS, 6-LAP SWIMMING POOL, LARGE LEISURE POOL, 3-COURT GYMNASIUM, CLIMBING WALL, Federal Way City Council Regular Meeting Minutes September 2,2003, Page 5 of 10 FITNESS AREA, PRE-SCHOOL ROOM, SENIOR LOUNGE, CAFÉ', GAME AREA, AND RELATED SUPPORT AREAS; COUNCILMEMBER DOVEY SECOND. Councilmember Park noted although he supports the community center, he would like to see an all-inclusive motion. COUNCILMEMBER FAISON MOVED A FRIENDLY AMENDMENT TO A UTH 0 RIZE THE CITY MANAGER TO PROCEED INTO SCHEMA TI C DESIGN FOR THE EXTENSION OF SOUTH 333RD STREET THROUGH CELEBRATION PARK TO 9TH AVENUE SOUTH WITH A PROJECT BUDGET OF $1 MILLION TO BE P ARID FOR FROM THE ARTERIAL STREET FUND; COUNCILMEMBER KOCHMAR ACCEPTED THE FRIENDLY AMENDMENT. Councilmember Park noted he would like to see a motion that includes the funding sources, program elements, and related contingency funds included in the motion. COUNCILMEMBER FAISON WITHDREW HIS FRIENDLY AMENDMENT. COUNCILMEMBER KOCHMAR WITHDREW HER MAIN MOTION. COUNCILMEMBER KOCHMAR MOVED TO AUTHORIZE THE CITY MANAGER TO PROCEED INTO SCHEMATIC DESIGN FOR A COMMUNITY CENTER THAT IS 77,540 TOTAL SQUARE FEET WITH A BUILDING BUDGET OF $17.7 MILLION, THAT INCLUDES THE FOLLOWING PROGRAM ELEMENTS-LARGE COMMUNITY ROOM, CLASSROOMS, 6-LAP SWIMMING POOL, LARGE LEISURE POOL, 3-COURT GYMNASIUM, CLIMBING WALL, FITNESS AREA, PRE-SCHOOL ROOM, SENIOR LOUNGE, CAFÉ" GAME AREA, AND RELATED SUPPORT AREAS; MOVED TO AUTHORIZE THE CITY MANAGER TO PROCEED INTO SCHEMATIC DESIGN FOR THE EXTENSION OF SOUTH 333RD STREET THROUGH CELEBRATION PARK TO 9TH AVE SOUTH WITH A PROJECT BUDGET OF $1 MILLION TO BE PAID FOR FROM THE ARTERIAL STREET FUND; MOVED TO AUTHORIZE THE CITY MANAGER TO PREP ARE A BOND ORDINANCE FOR THE PROJECT FINANCING OF THE COMMUNITY CENTER IN THE AMOUNT NOT TO EXCEED $15 MILLION; AND FURTHER MOVED TO ESTABLISH A PROJECT CONTINGENCY AMOUNT OF 10% OF THE TOTAL PROJECT; COUNCILMEMBER FAISON SECOND. Councilmember Park noted there is still a funding gap and would like to see where the additional funds are coming from. COUNCILMEMBER GATES MOVED TO AMEND THE MAIN MOTION TO FUND THE GAP BY THE UNALLOCATED GENERAL FUND FROM 2002 YEAR Federal Way City Council Regular Meeting Minutes September 2, 2003, Page 6 of 10 END, BALANCE 1.4 MILLION AND ADDITIONAL REET COLLECTION IN 2003 ESTIMATED AT $1 MILLION; COUNCILMEMBER FAISON SECOND. Council discussed and decided to direct only the amount needed as this amendment more than covers the gap. COUNCILMEMBER GATES WITHDREW HER AMENDMENT. COUNCILMEMBER GATES MOVED TO AMEND THE MAIN MOTION TO FUND THE GAP BY $700,000 IN UNALLOCATED GENERAL FUND 2002 YEAR END AND $1 MILLION FROM THE 2003 REET COLLECTION; COUNCILMEMBER DOVEY SECOND. Councilmember Dovey asked to have the balance of the gap be funded by the undetermined amount coming from the 2003 REET collection, and any remaining balance if needed come from the unallocated 2002-year end general fund. CO UN CILMEMBER GATES WITHDREW HER AMENDMENT. COUNCILMEMBER GATES MOVED TO FUND THE GAP WITH ADDITIONAL REET COLLECTION IN 2003, SUPPLEMENTED BY UNALLOCA TED 2002 YEAR END GENERAL FUND TO EQUATE THE DIFFERENCE BETWEEN THE BOND FUNDS, THE $17.7 MILLION BUDGET, THE ROAD FUNDS, AND THE CONTINGENCY FUND;COUNCILMEMBER FAISON SECOND. The amendment passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes The main motion as amended passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Gates yes VII. INTRODUCTION ORDINANCES a. Council Bill #328/Speed Limit and Parking Code Revisions AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 15, Federal Way City Council Regular Meeting Minutes September 2,2003, Page 7 of 10 SECTIONS 15-59, 15-96, AND 15-97 RELATED TO SPEED LIMIT SCHEDULE AND PARKING LIMITATIONS AND RESTRICTIONS WITHIN THE CITY OF FEDERAL WA Y (AMENDING ORDINANCE NOS. 00-364, 90-47, 90-42) COUNCILMEMBER FAISON MOVED COUNCIL BILL #238/SPEED LIMIT AND PARKING CODE REVISIONS TO SECOND READINGIENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON SEPTEMBER 16, 2003; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #329/0versized Vehicles AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) COUNCILMEMBER FAISON MOVED COUNCIL BILL #329/0VERSIZED VEHICLES TO SECOND READINGIENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON SEPTEMBER 16, 2003; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed 6-1 as follows: Burbidge Dovey Faison Gates yes no yes yes Kochmar McColgan Park yes yes yes c. Council Bill #330/Changes to Neighborhood Business Zoning Charts AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XI, DISTRICT REGULATIONS (NEIGHBORHOOD BUSINESS ZONING CHARTS) COUNCILMEMBER FAISON MOVED COUNCIL BILL #330/CHANGES TO NEIGHBORHOOD BUSINESS ZONING CHARTS TO SECOND READINGIENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON SEPTEMBER 16, 2003; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Dovey Faison Gates yes yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes September 2,2003, Page 8 of 10 VIII. CITY COUNCIL REPORTS Councilmember Gates reported on upcoming regional meetings and reported on various Sound Transit issues. She noted the Federal Way Transit Center received $2.5 million in additional funds from the federal government, and added she attended along with Deputy Mayor McColgan, Sound Transit's Tacoma Link Light Rail opening. Councilmember Kochmar thanked everyone involved with the Federal Way Festival Days including one of the major contributors Pacific Coast Ford. She noted it was a smashing success! She announced the next meeting of the Parks/Recreation/Human Services/Public Safety Committee meeting would be September 8th at 4:00 p.m. Councilmember Park also thanked staff and those involved in the Federal Way Festival Days. He noted both Sister Cities were in attendance, and noted it was an exceptional way to promote the Sister City relationships with both cities. He announced the next meeting of the FinancelEconomic Development/Regional Affairs Committee has been postponed from its regular meeting date to September 30th at 4:00 p.m. Councilmember Dovey also noted the Federal Way Festival Days was a success! He noted his appreciation to Public Works Director Cary Roe and his staff on the attractiveness of 320th street, as he had the unique opportunity to view while walking it in the parade. Councilmember Faison noted he would be attending various regional meetings and announced the next meeting of the Land Use/Transportation Committee has been rescheduled to a date uncertain at this time. Deputy Mayor McColgan noted the Lodging Tax Advisory Committee would be meeting this Friday, September 5th instead of their usual date. He noted grant applications are now available for events in the city that are tourism related or which would increase tourism in the city. He advised people to go to the city's website or contact Patrick Doherty for more information. Mayor Burbidge thanked all city staff, organizers, and volunteers for a wonderful Festival Days event again this year! She also thanked staff that arranged the Sister City visits during the festival. She noted various upcoming regional meetings and community events. IX. CITY MANAGER REPORT City Manager David Moseley thanked all city staffwho worked on the Federal Way Festival Days- it was a great success. He noted a special thank you to staff members Donna Hanson, Kurt Reuter, Mary Kate Martin, Jennifer Teeler and Kimberly Paterno for their Federal Way City Council Regular Meeting Minutes September 2,2003, Page 9 of 10 assistance in the planning of the event. He also thanked Jason Suzaka, Derek Matheson, Natalie Rees, and Patrick Briggs for their work on the Sister City visits. Mr. Moseley reported on the City Hall project. He noted design work on the new City Hall continues on schedule. He expects to reach 60% design in late October, in which Council will be updated and given the opportunity for feedback. He noted SR99 Phase I construction work has been completed, and noted the landscaping would soon be competed as well. Phase II roadwork will continue with re-striping being done at night between 7:00 p.m. and 6:00 a.m. City Manager David Moseley was pleased to report on the recent Go Carts! project that netted approximately 200 shopping carts from various parts of the city. He thanked Kathy McClung for her leadership on this very successful project. He also reminded Council for the need for an executive session for the purpose of discussing Potential Litigation pursuantto RCW 42.30.110(1 )(i), for approximately twenty-five minutes with no action anticipated. x. EXECUTIVE SESSION At 9:35 p.m. Mayor Burbidge announced the Council would be recessing into Executive Session for the purpose of discussing Potential Litigation pursuant to RCW 42.30.110(1 )(i) for approximately twenty-five minutes. Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) A quorum of Council members returned to Chambers at 10:00 p.m. COUNCILMEMBER GATES MOVED TO SUSPEND COUNCIL RULES OF ORDER TO EXTEND THE REGULAR MEETING PAST 10:00 P.M.; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Dovey Faison yes yes McColgan Gates yes yes Assistant City Manager Derek Matheson announced Executive Session would be extended an additional 10 minutes. Council returned to Chambers at 10:08 p.m. XI. ADJOURNMENT Federal Way City Council Regular Meeting Minutes September 2,2003, Page 10 of 10 There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 10:08 p.m.