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Home My WebLink AboutCouncil MIN 11-06-2007 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall November 6, 2007 -7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the meeting to order at 7:03 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan and Deputy Mayor Ferrell present. MOTION: Deputy Mayor Ferrell moved to amend the agenda by adding Property Acquisition to the Executive Session pursuant to RCW 42.30.110(1)(g). Councilmember Kochmar second. The motion carried 7-0. 2. PLEDGE OF ALLEGIANCE Councilmember Burbidge led the Pledge of Allegiance. MOTION: Deputy Mayor Ferrell moved to amend the agenda to add an item to Executive Session for discussion of Property Acquisition pursuant to RCW 42.30.11 0(1)(b). Councilmember Kochmar second. The motion carried 7-0. 3. PRESENTATIONS a. Police Chief s Awards - Chief s Citation, Life Saving Award and Meritorious Service Awards Police Chief Brian Wilson presented awards to the following officers for outstanding work: Officer JulieAnn Benjert received the Life Saving Award for her work in saving a gentleman who was being strangled by his own seatbelt after a car accident. Chief Wilson also presented Lt. Tom Robinson with the Meritorious Service Award for his work in solving a homicide case from 2000. b. Certificates of Appointment for new Diversity Commission and Lodging Tax Advisory Committee Members Councilmember Burbidge presented Certificates of Appointment to new Diversity Commission Member Lawrence Yapp and Lodging Tax Advisory Committee Member Carrie Wells. The other appointees were not able to attend the meeting and their Certificates of Appointment will be mailed to them. November 6, 2007 Council Meeting Minutes Page 2 of5 c. City Manager Emerging Issues . Northshore Development in Tacoma Assistant City Manager Cary Roe updated the Council and audience on the proposed development in Northeast Tacoma and its impacts to the City. He reviewed the project proposal, which consists of 864 residential units, and the proposed access to the development: one at Northshore Parkway and 42nd Ave NE (Stonebrook Neighborhood in Federal Way) and one at 33rd Street NE and 38th Ave NE. Mr. Roe also explained thatthis project affects all of the City of Federal Way's six-year Transportation Project Plans and the deadline to comment on the EIS is November 16, 2007. . Update on Status of Adult Family Home Complaint Assistant City Attorney Aaron Walls stated this issue has been resolved and the permits have been issued. Mr. Walls stated the review brought to light some issues in the City's Code that should be clarified regarding this issue to avoid miscommunication in the future. . Process for Selecting Pro/Con Committees to Write Statements for the Voter's Pamphlet for the February 19, 2008 Special Election. City Attorney Pat Richardson presented two options for Council to consider in selecting the pro/con committees for the upcoming special election. The first option was to select members based on a first come/first serve basis of submitting their names; the second option is to allow those who submitted their name for either committee choose among themselves whose name will appear in the voter pamphlet. Council consensus to allow those who submit names to choose amongst themselves who will appear in the voter's pamphlet. City Clerk Laura Hathaway stated that three names have thus far been submitted for the Con Committee and four names have been submitted for the Pro Committee - the deadline for submittal is November 13,2007. Council directed the City Clerk to contact all applicants and invite them attend a meeting at 6:30 PM, November 20, 2007, to decide who will appear in the Voter's Pamphlet. They will then submit those names to the City Council who will announce the names at the Regular Meeting at 7 :00 PM. Deputy Mayor Ferrell asked several clarifying questions in regards to the Northshore project including whether or not the City could ask for a complete EIS. Mr. Roe explained that yes the City could ask for an EIS but they should be cautious as to the basis for it and it really should be taken up with Legal. 4. PUBLIC COMMENT Eric Elgar - spoke in opposition of the Northshore Development project in Tacoma. Mr. Elgar asked the City of Federal Way to request a full Environmental Impact Statement (EIS) on the project. Vallery Frink - spoke in opposition of the Northshore Development project in Tacoma; she also asked the City to request a full EIS. Jim Lvons - spoke in opposition of the Northshore Development project in Tacoma. David Radford - spoke in opposition ofthe Northshore Development project in Tacoma; he also asked the City to request a full EIS. Michelle Radford - spoke in opposition of the Northshore Development project in Tacoma; she also asked the City to request a full EIS on the project. Sandra MacDonald - spoke in opposition of the Northshore Development project in Tacoma; she also asked the November 6, 2007 Council Meeting Minutes Page 3 of5 City to request a full EIS. Maureen Larson Bonck - spoke in opposition of the Northshore Development project in Tacoma. Michael Davis - spoke in opposition of the Northshore Development project in Tacoma. Councilmember Kochmar asked Mr. Roe ifthe City could request a full EIS on the project. Mr. Roe responded that the City could ask for one but Council should seek legal counsel first. Deputy Mayor Ferrell asked that an update on this issue be added to the December 4,2007 City Council Agenda under Emerging Issues. Councilmember Faison asked if an EIS tended to stop projects. Mr. Roe responded no, they simply tend to reflect the mitigation needed in order for the project to be complete. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the October 16, 2007 Special and Regular Meetings - Approved b. Enactment Ordinance: Prohibiting Minors' from Possessing Certain Graffiti Tools and Refining the Definition of Graffiti Tools - Approved - Ordinance 07-565 c. Enactment Ordinance: Amending the Unfit Structures Code - Approved- Ordinance 07- 566 d. Enactment Ordinance: Amending Civil Service Provision of Chapter 2 - Approved - Ordinance 07-567 e. Enactment Ordinance: Approving the Clearwire Franchise Agreement - Approved Ordinance 07-568 f. 2008 Asphalt Overlay Program Authorization to Bid - Approved g. 2005-2006 Citywide Pavement Marking Project Acceptance and Retainage Release - Approved h. Lake Jeanne/Lake Lorene Outlet Improvements Project - 85% Design Status - Approved 1. S 348th Street at 15t Avenue S Intersection Improvement Project - 85% Design Status - Approved MOTION: Deputy Mayor Ferrell moved approval of the Consent Agenda as presented. Councilmember Dovey second. The motion carried 7-0. 6. PUBLIC HEARING Mayor Park opened the PH at 8: 18 PM and read the process to be followed into the record. a. 2007-2008 Mid-Biennium Budget Adjustments . Staff Presentation Assistant City Manager/Chief Financial Officer Iwen Wang presented the proposed adjustments, resources and November 6, 2007 Council Meeting Minutes Page 4 of5 expenditure adjustments. She also highlighted changing trends and conditions, proposed service enhancements, the proposed Property Tax Increase and key policy issues. Lastly, Ms. Wang reviewed the budget meeting calendar. · Public Comment - 3 Minute Limit - H. David Kaplan - thanked the City Council for their continued conservative fiscal planning. Mr. Kaplan asked if the proposed $2 million rainy day reserve fund is in addition to the City Manager's contingency fund. Ms. Wang responded in the affirmative. Mr. Kaplan also asked about the Traffic Impact Fee study and what will be gained from this. Ms. Wang explained that the fee study will create a uniform fee per trip that would simplify mitigation payments for developers because it is now a SEP A-based pro-rata share. Deputy Mayor Ferrell asked how much money is freed-up per year by paying offthe 1997 General Obligation Bonds. Ms. Wang stated paying off the bond will release $430,000 for the next five years. Deputy Mayor Ferrell questioned the need for a $2 million rainy day reserve fund. Councilmember Dovey stated the City does not want to be in the same position as they were in 1996 when they had a budget shortfall and had to cut staff. Deputy Mayor Ferrell stated the City should never fill a gap for one-time funding for employees. Ms. Wang explained the $2 million rainy day reserve fund will supplement the City Manager Contingency fund and explained that CM Contingency fund is used, as an example, when Council adopts a new program that wasn't budgeted for. Ms. Wang used the example of the graffiti removal program stating it is not in the current budget. The City asks departments to cover the costs of these programs and, if at the end of year the department budget is short, the CM Contingency budget covers the shortage. Ms. Wang responded to a question on paying offbonds stating the 1997 General Obligation Bonds are the only bonds the City can pay-off without penalties. She also stated the City's Bond Rating is a very strong A-I and our conservative fiscal practice is considered an asset the City's bond rating. There being no further questions Mayor Park closed the 15t Public Hearing at 9: 17 PM - He reiterated the Budget Meeting Calendar and stated Public Comment will be allowed at both Study Session and a second Public Hearing will be conducted on November 20,2007. 7. COUNCIL REPORTS Councilmember Faison stated he will attend an Association of Washington Cities Legislative Committee Meeting on November 19,2007. Councilmember Dovey stated the Port of Seattle will attend the December 3,2007 Land Use/Transportation Committee Meeting to discuss airport noise. Councilmember Burbidge stated the next ParksIRecreationIHuman ServiceslPublic Safety Committee Meeting is scheduled for November 13, 2007 and reviewed the agenda. She also updated the Council and public on upcoming community events. Councilmember Kochmar reported on the upcoming Chamber Auction on November 17 at 6:00 PM which raises money for various community groups. She also reported on and thanked the Public Safety Department for their work regarding a reduction in auto thefts in the City. Mayor Park attended a Regional Library Expansion Meeting on October 29,2007. The expansion will close the library for one year and add an additional 10,000 square feet to the building. On November 1 and 2,2007 November 6, 2007 Council Meeting Minutes Page 5 of 5 he attended the National Mayor Climate Protection Summit in Seattle and stated the City of Federal Way is beginning to implement "green" practices. 8. CITY MANAGER REPORT City Manager Beets acknowledged the court award to the Federal Way School District which mandates fair funding for school districts. Mr. Beets also stated the Executive Session is expected to last one hour. MOTION: Councilmember Dovey moved to suspend the rules to allow the meeting to go past 10:00 PM. Councilmember Kochmar second. The motion carried 7-0. 9. EXECUTIVE SESSIQN Council adjourned to Executive Session at 9:31 a. Sale of Real Property pursuant to RCW 42.30.11O(1)(c) b. Potential Litigation pursuant to RCW 42.30.110(1)(i) c. ADDED ITEM - Property Acquisition pursuant to RCW 42.30.110(1)(g) 10. ADJOURNMENT Mayor Park adjourned the meeting at 10: 17 PM.