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Home My WebLink AboutCouncil MINS 11-19-2002 Regular . . . FEDERAL WAY CITY COUNCIL Council Chambers - City Hall November 19, 2002 -7:00 p.m. Regular Meeting Minutes 1. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting ofthe Federal Way City Council to order at the hour of 7:06 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan, Councilmembers Eric Faison, Mary Gates, Michael Hellickson, Linda Kochmar, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, City Clerk Chris Green, and Acting Deputy City Clerk Sandy Lyle. II. PLEDGE OF ALLEGIANCE Councilmember Park led the flag salute. III. PRESENTATIONS a. Proclamation/Feed America Thursday Mayor Burbidge read a proclamation declaring Thursday, November 21,2002, Feed America Thursday in the spirit of Thanksgiving Day. Councilmembers called upon the people of Federal Way to sacrifice two meals on Thursday, November 21,2002, and donate the money they would have spent on food for those two meals to a charitable organization of their choice for the purpose of feeding the hungry. Linda Perle accepted on behalf of the 12,000 recipients of assistance at the Multi-Service Center Michael Hellickson announced he would like to make a statement; Mayor Burbidge recognized him. He announced this meeting would be his final council meeting as state law prohibits him from serving on the Federal Way City Council when his residence is elsewhere; he is moving his family to Lake Tapps in Pierce County. He praised the Council for the many hours they serve. Mayor Burbidge accepted his resignation and thanked him for his three years of service on the Council. b. Introduction of New Employees/City Manager ORt GINAL . . . Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 2 of 10 City Manager David Moseley was pleased to announce Brigit Severson has been hired as a Police Officer in the Public Safety Department. She comes to the city from the Port of Seattle. c. Emerging Issues/City Manager City Manager David Moseley reported no emerging issues. IV. CITIZEN COMMENT Barbara Reid stated her support for a Community Center as a place for all citizens, not just athletes and seniors, to meet. She commended the Council for being visionary. Steve Freeborn spoke about his support of the Kenneth Jones Pool not only as a recreational and athletic venue but as critical to the rehabilitation of individuals with disabilities such as arthritis, lupus and autism as well as rehabilitation from injuries suffered in accidents. Rob Bohannon had heard about a potential new park on SW 15th and asked for more information. Pat Burton expressed support of the Kenneth Jones Pool as a place where life values are learned and a healthy lifestyle is encouraged. She also supports a Community Center and new pool. Betty Huff announced the Federal Way Coalition for the Performing Arts concert at Decatur High School at 2:00 p.m. on Sunday, November 24,2002. Tickets sell for $5. She also encouraged the Council to go forward with funding for a Community Center/pool complex. Such a facility would make Federal Way more appealing to investors as well as residents. She thanked the Council for their pro activity and vision. Dan Casey distributed his written comments. He supports the Kenneth Jones Pool and additional police. He doesn't feel new revenue sources at this time are necessary. He urged the Council to delay tax increases for a couple of years. He opposed an amusement tax. Linda Jenkins questioned funding for Centerstage when it is failing and asked why we didn't fill food baskets instead of funding flower baskets. She said to expand the present City Hall facility. Steve Skipper reminded the Council that the voters spoke loudly in the last election in rejecting new taxes. He said there are a lot of things he wants but he must live within his means. He said businesses will react to increases in taxes and hoped there was not another tea party here in Federal Way. Kim Box, a master swimmer, complimented the Council for supporting the Kenneth Jones Pool and emphasized the huge need the pool satisfies. Doug Johnson's remarks read into the record supported the 2003-2004 budget as outlined. He encouraged aggressive pursuit of maintaining the utility tax at the city level. He thanked the Council for it's leadership. Roberta Coper, a lO year resident said that she and her neighbors support turning the Armstrong property into a park and would like to see that happen sooner rather than later. She said the . . . Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 3 of 1 0 development would rid the area of minor to severe negative activity. Mark Thompson, a 12-year Federal Way resident, wants the park built without delay. Elizabeth Allison commended Lind Kochmar's editorial letter in the Federal Way Mirror and her excellent representation on the Council. She commended the Mirror for forcing the issue of public input on the Municipal Facility. She does not support a City Hall in the City Center Core. Dave Larson, who prepared written remarks, said that as our trustees, the Council should not promote their own ideals. He said the Federal Way tax base is not capable of supporting revenues like other cities with full services (fire/water/sewer). He said the average person cannot afford higher taxes. He said that the entertainment (admissions) tax would drive people out of town to see movies. Merle Pfieffer of Sparks Car Care Center spoke of his opposition to new taxes of any kind, including the utility tax, admissions tax, and SWM fees. He said the people said they wanted no new taxes by voting down Referendum 51 and approving Initiative 776. He felt that retiring bonds would fund necessary improvements and that this was the wrong time to increase taxes. Jane Hershman's letter, read into the record, supported the fiscal decisions ofthe Council. Bill Foulkes urged the Council to wait until the Municipal Facilities Committee finished its work to decide on a budget. As a member of the MF AC, he has spent many hours studying and collecting information. He has learned that people want frugality at this time. H. David Kaplan commended staff on the Devonshire Plat with open space contiguous with open space at Silverwood which is contiguous with open space at South 363rd Street. He also mentioned that the final public forum ofthe Municipal Facilities Committee was November 20. He said there is a draft preliminary report and emphasized that it is drqft only. Further public comment will be heard. The final presentation ofthe Committee will come before the City Council on December 1 7. Tony Moore, a 12-year resident, said the people have spoken by voting against R-51 and for I- 776. He asked why we should go into further debt now in a recession. He said to wait until economics turn around to raise taxes. Blake Bolton's comments were read into the record. He urged the Council to build a multi-use public space which, in other communities, has been proven to enhance urban space and community groups. Successful cities recognize diversity and provide community spaces such as that proposed in the next biennial budget. William Moe supported the Kenneth Jones Pool and saw no need for a new one. He urged the Council to vote no on new taxes because seniors on fixed incomes cannot afford them. Vickie Elijah supported his position. Ken Abencroft spoke in favor of the Kenneth Jones Pool. He swims and has paid as much as $12 for a swim. He suggested that perhaps too little is charged to use the pool. He referenced the current recession, but urged the Council to do whatever it takes to keep the pool open. Felleral Way City Council Regular Meeting Minutes November 19,2002 - Page 4 of 10 . Cheryl Nevers said that a new City Hall does not attract new business and urged the Council to expand the current City Hall rather than building a new one. Steven Kirk, educator, homeowner, parent, and 25-year resident of Federal way pointed out that government serves the betterment of the community. He added that water safety (i. e., taking over the Kenneth Jones Pool) betters a community. A. J. Witherspoon, General Manager of the Gateway Theater, said the theater cannot afford new taxes in order to stay competitive and urged the Council not to impose an admissions tax. Vicki Anderson commended the Council on a forward-thinking budget. She said closure of the Kenneth Jones Pool would put an end to a huge community benefit. Bob Couper, Chair of the Federal Way Chamber. opposed a tax increase right now. He said that Capital Improvement Projects are acceptable but to plan a new Community Center/pool complex now is not acceptable. He said that a tax increase was not necessary, that capital improvements could be funded by retiring bonds. Tax increases hurt business. He commended the City for being in a sound fiscal position and challenged the Council to exercise wisdom in how money is appropriated and spent. John Pearson, a 7-year resident, supports keeping the Kenneth Jones Pool open. The pool performs an important public safety function. People learn to swim and avoid drowning accidents. Also, the pool provides physical therapy for the disabled. The City has done an . outstanding job of managing Steele Lake and can manage the pool, too. Russ Wolfe opposed the utilities and admissions taxes. He does not believe they are needed. He does not believe a City Hall will cost the amount budgeted. Staff and Council have managed the City to fund many CIP projects without reductions in levels of service. He urged the Council not to raise taxes. Diane Luciano was in a serious auto accident and by swimming at the Kenneth Jones Pool she was able to rehabilitate herself. Her husband, Ray Luciano, was thankful that his wife had the pool for her water exercise; otherwise, she would be permanently disabled. They could not have afforded more expensive therapy resources and he credits the pool with her remarkable recovery. Robert Fulweiler reminded the Council they pledged restraint and moral courage, and he wants to hold them accountable now and not raise taxes. He has to live within his means and he would expect the same of the Council. He said the Community/Senior Center and pool are noble but now is neither the time nor the circumstances. Pat TiBia said to keep the pool open. She swims for exercise therapy. Ron Zaffino supported the pool and said he would donate whatever it takes to keep it open and added that now is not the time to raise taxes. He said the Council should ask for help but not raise taxes. . Ron Gintz discredited any public notion that any Council member will benefit from increased taxes. He called the Council a community mosaic. No matter how they vote, people will say - Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 5 of J 0 . they are not listening. He said that, by law, the utility tax could either be rolled back after ten years or used for another forward thrust proj cct Joseph Haley supported the pool and the many seniors who use it. Susie Horan supported the Community Center. Mark Pearson, a former lifeguard and competitive swimmer, supports the pool. He urged the Council to do everything necessary, including raising taxes, to keep the pool open. Marcia Greenwood said the Kenneth Jones Pool must be kept open. We are surrounded by water and need more pools not less. Nancy Ise said we depend on the Council to make decisions because we, the citizens, have not done the research. It may not be a good time to plan for the future, but we cannot stop the future from coming. Therefore, she urged the council to go forward, raise the taxes, plan for the future, and build a Community Center. Communities are remembered for their leadership. Bob Hitchcock asked if a utility tax and admissions tax were the whole answer. He said that opposing the tax doesn't mean he opposes the Community Center. He just opposed the vehicle to get there. Malcolm Neely suggested creating a program whereby people stayed in town to spend their . money. This, alone, would generate more money. v. f g. h. L J. . k. l. m. n. CONSENT AGENDA a. b. c. d. Minutes/November 5, 2002 Regular Meeting - Approved Devonshire Preliminary Plat ~ Resolution #02-375 Approved Permit Improvement Implementation Plan! Resolution #02-376Approved Council Bill #307/Code Amendment prohibiting Storage of Personal Property on Parks and Open space Property - Approved Ordinance #02-428 Council Bill #308/Code Amendment Updating Chapter 6/Criminal Code; Chapter 9/Licenses and Business Registration/ and Chapter 15/Traffic and Vehicles - Approved Ordinance #02-429 Council Bill #30912003 Property Tax Rate - Approved Ordinance #02-430 Council Bill #3101 Amending Utility Tax Rate Adjustment- Approved Ordinance #02-431 Council Bill #311/Add Tax to Admission Charges for Recreation and Amusement - Approved Ordinance #02-432 Council Bill #312/Rate Structure for Storm and Surface Water Utility -Approved Ordinance #02-433 Council Bill #313/2003-2004 Biennial Budget Adoption -Approved Ordinance #02-434 Fee Schedule Amendment ~Approved Resolution #02-377 Holiday Marketing Campaign - Approved Site Lease AgreementNoicestream at BPA Tower/Twin Lakes -Approved Purchase of Surveying Equipment for Public Safety Department - Approved e. Federal Way City Council Regular Meeting Millutes November 19, 2002 - Page 6 of 10 . o. Revised Agreement for Continuation of South County Area Transportation Board (SCA TBd) - Approved DEPUTY MAYOR MCCOLGAN MOVED APPROVAL OF THE CONSENT AGENDA; COUNCILMEMBER KOCHMAR, SECOND. Councilmember Gates pulled item "j." Councilmember Faison pulled items "f' and "h." Deputy Mayor McColgan pulled item "g." The main motion to approve Consent items (a), (b), (c), (d), (e), (i), (k), (1), (m), (n), and (0) passed as follows: Burbidge yes Faison yes Gates yes Hellickson yes Kochmar yes McColgan yes Park yes COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT AGENDA ITEM (0; AN ORDINANCE TO SET THE 2003 PROPERTY TAX; COUNCILMEMBER GATES SECOND. The motion passed as follows: . Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes Hellickson yes DEPUTY MAYOR MCCOLGAN MOVED APPROVAL OF CONSENT AGENDA ITEM (g); AN ORDINANCE AMENDING UTILITY TAX RATE ADJUSTMENT; COUNCILMEMEBER FAISON SECOND. COUNCILMEMBER KOCHMAR MOVED TO AMEND THE MAIN MOTION TO PLACE THE UTILITY TAX ON THE BALLOT AT THE NEXT ELECTION; COUNCILMEMBER HELLICKSON SECOND. The amendment to the main motion failed 5-2 as follows: Burbidge Faison Gates Hellickson no no no yes Kochmar McColgan Park yes no no . COUNCILMEMBER HELLICKSON MOVED A SECOND AMENDMENT TO THE MAIN MOTION TO POSTPONE THE UTILITY TAX ORDINANCE UNTIL AFTER THE MUNICIPAL FACILITIES ADVISORY COMMITTEE SUBMITS ITS RECOMMENDATION; COUNCILMEMBER KOCHMAR SECOND. The motion failed 5-2 as follows: '"L . . . Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 7 of 10 Burbidge no Faison no Gates no Hellickson yes Kochmar McColgan Park. yes no no The main motion passed 4-3 as follows: Burbidge yes Faison yes Gates yes Hellickson no Kochmar no McColgan yes Park no Councilmember McColgan requested that staff prepare a rebate or other program for low income and seniors. COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT AGENDA ITEM (h); AN ORDINANCE TO ADD TAX TO ADMISSION CHARGES FOR RECREATION AND AMUSEMENT; DEPUTY MAYOR MCCOLGAN SECOND. COUNCILMEMBER FAISON MOVED AN AMENDMENT TO THE MAIN MOTION TO REMOVE SECTION 14-153(b) WHICH WOULD HAVE IMPOSED AN ADDITIONAL 2.5% TO THE ADMISSIONS TAX EFFECTIVE JANUARY 1,2006, THUS LIMITING THE ONGOING TOTAL ADMISSIONS TAX TO 2.5% EFFECTIVE JANUARY 1,2005; DEPUTY MAYOR MCCOLGAN SECOND. COUNCILMEMBER KOCHMAR MOVED A SECOND AMENDMENT TO PLACE THE ADMISSIONS TAX ON THE BALLOT AT THE NEXT ELECTION AND DIRECTED STAFF TO PREPARE A RESOLUTION FOR CONSIDERATION AT THE DECEMBER 3, 2002, REGULAR MEETING; COUNCILMEMBER HELLICKSON SECOND. The second amendment failed 5-2 as follows: Burbidge no Faison no Gates no Hellickson yes Kochmar yes McColgan no Park no The first amendment, limiting the ongoing admissions tax to 2.5% passed 5-2 as follows: Burbidge yes Faison yes Gates yes Hellickson yes Kochmar no McColgan yes Park no . . . Federal Way City Council Regular Meeting Minutes November 19, 2002 - Page 8 of to The main motion, as amended, passed 4-3 as follows: Burbidgc ycs Faison yes Gates yes Hellickson no Kochmar McColgan Park no yes no COUNCILMEMBER GATES MOVED APPROVAL OF CONSENT AGENDA ITEM (j);ORDINANCE APPROVING 2003-2004 BIENNIAL BUDGET; DEPUTY MAYOR MCCOLGAN SECOND. COUNCILMEMBER HELLICKSON MOVED AN AMENDMENT TO THE MAIN MOTION TO LIMIT THE BOND TO $11.3 MILLION UNTIL THE MUNICIPAL FACILITY ADVISORY COMMITTEE MAKES A DECISION; COUNCILMEMBER KOCHMAR SECOND. The amendment failed 5-2 as follows: Burbidge no Faison no Gates no Hcllickson yes Kochmar yes McColgan no Park no The main motion passed 5-2 as follows: Burbidge yes Faison yes Gates yes Hellickson no Kochmar no McColgan yes Park yes COUNCILMEMBER GATES MOVED TO SUSPEND COUNCIL RULES TO EXTEND THE MEETING PAST 10:00 P.M. TO COMPLETE BUSINESS; COUNCILMEMBER KOCHMAR SECOND. The motion passed 5-2 as follows: Burbidge yes Faison yes Gates yes Hellickson no Kochmar yes McColgan no Park yes VI. CITY COUNCIL BUSINESS 2003 Legislative Agenda COUNCILMEMBER GATES MOVED APPROVAL OF THE 2003 LEGISLATIVE AGENDA INCLUDING AMENDMENTS TO ADDRESS EXPANDED GAMBLING AND A MINOR STAFF CHANGE TO REFLECT THE FAILURE OF R-51 AT THE POLLS; COUNCILMEMBER FAISON SECOND. The motion passed as follows: . . . Federal Way City Council Regular Meeting Minutes November /9, 2002 - Page 9 of JO Burbidge Faison Gates Hellickson Kochmar McColgan Park yes yes yes yes yes yes yes VII. CITY COUNCIL REPORTS Councilmcmber Gates reported she will be in Spokane to discuss distribution of the gas tax. She announced the recently convened Transit Sounding Board which began meeting to discuss transit improvements and changes. She asked the audience to provide written comments or to attend the board's public meeting at Calvary Lutheran Church on November 20,2002. Councilmember Kochmar thanked the public for all the comments the Council received during the budget process. She thanked the Council and staff for all their hard work. She announced that she did not vote for all ofthe Airport Coalition Cities (ACC) expenditures. The Regional Policy Committee continues to meet and will be discussing human services policy and needs. She urged everyone to remember the food banks' supplies are very low--21I families were.in need at the beginning of November. The final Municipal Facilities Advisory Committee public hearing will be held on November 20, 2002. Councilmember Park had no report. Councilmember Hellickson thanked the many people who allowed him to serve on the Council. He said that he had been hard on staff, but he thanked them for their hard work. He continues to support the police and is very proud to have the K-9 units. He thanked his Council colleagues for their hard work and for staying true to what they believe in. He has a new appreciation for how government works and for how it doesn't always work. He appreciates the support of his family, especially his wife, Tara. He reminded the audience to give to the food banks. Councilmember Faison thanked Mr. Gintz for his comments and said that he agrees with them. He supports Councilml:'mber Kachmar's efforts in her work with the ACe. The next scheduled Land Use/Transportation Committee meeting is December 2,2002. He said he is very much looking forward to the MFAC report to the Council at their meeting on December 17,2002. Deputy Mayor McColgan recognized the difficult months of budget work now behind them. He said the real job begins now, by putting the funds they have just approved to work. Mayor Burbidge thanked staff for all the hard work on the budget and for their research and presentations. She said it is an efficient and effective budget with limited resources. She announced that SKA TBd will be creating a list of priority projects. And at the theater: Centerstage is presenting Little Women through November 24; the Federal Way Coalition for the Perfoming Arts is holding a community concert at Decatur High School at 2:00 p.m. on Sunday November 24; and on Saturday, December 7 Knutson Family Theater will host Juggle Mania at 2:00 p.m. VIII. CITY MANAGER REPORT . . . Felleral Way City Council Regular Meeting Minutes November /9, 2002 - Page 10 of 10 City Manager David Moseley announced Latino Night at Decatur High School on Saturday December 13. This will be the first of several ethnic festivals planned by the Diversity Commission. He invited the community to attend and enjoy the good food, entertainment and diversity. He acknowledged the Public Safety Department's recent accreditation award announced at the CALEA conference in Portland. He attended the impressive proceedings at the invitation of Police Department. He thanked the entire police force for their very hard work and for earning accreditation in such a short time. IX. EXECUTIVE SESSION City Manager Moseley announced the cancellation of the executive session. a. b. Potential LitigationlPursuant to RCW 42.30.1] O( I )(i) Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) x. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Burbidge adjourned the regular meeting at 10: 12 p.m. ~~ Sandy Lyl Acting Deputy City Clerk