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HomeMy WebLinkAboutCouncil MIN 03-18-2008 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 18,2008-7:00 PM (www.cityoffederalway.com) MINUTES ***** 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:00 PM. Councilmembers Burbidge, Duclos, Ferrell, Kochmar, Park and Deputy Mayor Faison present. 2. PLEDGE OF ALLEGIANCE Deputy Mayor Faison led the Flag Salute. 3. PRESENTATIONS · Police Officer Swearing-in Ceremony Police Chief Brian Wilson introduced four new officers to the Federal Way Police Department and City Clerk Laura Hathaway presided over the swearing-in ceremony. · Police Officer Recognition Awards Chief Wilson presented the Chief's Commendation A ward to Officer Oscar Villenova for his efforts and assistance with non-English speaking residents and the Medal of Meritorious Service to Commander Kyle Sumpter for his work overseeing the Valley Special Response Team. · Recognition of Out-going Human Services Commissioner Richard Bye Councilmember Burbidge presented out-going Human Services Commissioner Richard Bye with a plaque thanking him for his ten years of service as a member of the commission. · Waste Management - Green Initiatives Presentation Waste Management Representatives Dick Culbertson and Susan Robinson reviewed the company's initiatives in reducing waste, recycling, recovers and reusing. They left informational pamphlets for the public on their programs and encouraged citizens to contact them with any concerns or questions. · City Manager/Emerging Issues o Downtown Symphony Park Conceptual Drawings Economic Development Director Patrick Doherty introduced Landscape Architect Kenichi Nakano who reviewed the conceptual drawings for Downtown Symphony Park. Mr. Doherty stated that at an earlier open house the public seemed very pleased with the designs. Mr. Nakano stated the drawings were developed after meetings with staff and the Parks Commission who favored more usable hard-scapes and a park which is urban in character. The term Symphony means harmony and the drawing depict harmonious design. They are also reviewing having Sister City Comers in the park which will honor Federal Way's associations with its Sister Cities in Korea and Japan. Councilmember Kochmar asked about the possibility of a Veterans Memorial. Mr. Doherty replied there is room for a flag pavilion possibly in front of a water feature. Councilmember Ferrell also likes the idea of a Veterans Memorial and is pleased with all the ideas so far. Councilmember Burbidge asked about the potential location for an amphitheatre. Mr. Nakano stated there were many opportunities to incorporate an amphitheater into the design as there are natural slopes in the park as well as power locations. Councilmember Park asked if the park will be designed to reduce future maintenance and operation costs. Mr. Nakano replied yes. Councilmember Kochmar clarified that the City is not paying for the development of the park, the developer, United Properties is and they will dedicate it back to the City upon completion. Mr. Nakano stated that is correct. o ADDED ITEM - Michael Morgan v. City of Federal Way Attorney Stephen DiJulio, hired to represent the City in the matter of Michael Morgan v. the City of Federal Way, updated the Council on the case stating the hearing on the case is scheduled for March 19th and involves the release of a report, via a public records request, investigating a hostile work environment. The city's position is the report should be released. Mr. Morgan has sued the city stating the City Attorney represents him and the report is attorney-client privilege. The city's position is that this is not attorney-client privilege the report was facilitated to investigate a hostile work environment and an outside agency was called in to investigate, not the City Attorney's office. Mr. DiJulio stated the City Council does not typically weigh in on the public records act but in this case he asked for the motion of support stating it is in the best interest of the city to adopt a motion so there is no question on the City's position. MOTION: of the City Council endorsing the arguments set forth as explained and filed with the Court by the firm F oster/Pepper as defenses for the City in the matter of Michael Morgan v. the City of Federal Way was approved 7-0. 4. CITIZEN COMMENT Shannon Gentry - Brooklake Christian School- introduced several student-members of the CSI team who have been selected as finalists in the Lexus Environmental Challenge. Mayor Dovey presented a letter of support signed by all Councilmembers to the CSI Team encouraging and supporting their efforts. Donald Barovic - spoke regarding Stormwater issues and problems with cougars and coyotes. Carroll Fisher - asked about the additional traffic the Symphony project will generate and how the City plans to deal with it. Barbara Reid - disagreed with placing a flag pole at Symphony Park. She stated no one has ever conducted a memorial service at the flag pavilion located at Weyerhaeuser Plaza. She asked that another alternative for honoring Veterans be considered. Phyllis Bowman - asked for streetlights, traffic lights and sidewalks from 20th Way South to 336th for safety reasons. Daniel Lee - spoke in support ofthe sub-area plan for SW 356th Street. Nancv Bartlev - spoke in opposition of the SW 356th Street sub-area plan. Melvin Hanson - spoke in support of the SW 356th Street sub-area plan. Michael Hoskins II - spoke in opposition to the SW 356th Street sub-area plan. Lori Hartman - spoke in opposition to the SW 356th Street sub-area plan. Harry Johnson - spoke in opposition of the SW 356th Street sub-area plan. Nate Barton - supports a wall of heroes at Symphony Park and likes the overall plans presented. Also spoke in opposition of the SW 356th Street sub-area plan. Ron Tremaine - asked for more time to study the questions regarding SW 356th Street sub-area plan before Council makes a decision. Ed Romero - spoke in opposition of the SW 356th sub-area plan. Steve McWilliams - spoke in support of the SW 356th sub-area plan stating additional housing means affordable housing. Kurtis Keltner - spoke in opposition of the SW 356th sub-area plan. Joan Senator - spoke in opposition to the SW 356th Street sub-area plan. Bill and Edith Mullins - spoke in opposition of the SW 356th Street sub-area plan. Craig Beck - spoke in opposition ofthe SW 356th Street sub-area plan. Mayor Dovey thanked.all those that spoke on the SW 356th Street sub-area rezone plan for their opinions and stated this item is on the agenda as an informational item only and no decision will be made this evening. Councilmember Ferrell asked when the Council will readdress the SW 356th Street sub-area plan. Mayor Dovey responded that after tonight's presentation the issue will come back for Council consideration in the next couple of months. 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 March 4, 2008 Regular Meeting Minutes - Approved 7-0 b. Enactment Ordinance - Sprint Franchise Agreement Amendment - Pulled/ Mayor Dovey recused - Motion to approve passed 6-0 (1 recusal) c. Enactment Ordinance - Right-of-Way Activities Amendment - Approved 7-0 d. Enactment Ordinance - 2008 Carry-forward Budget Adjustment- Approved 7-0 e. NPDES Permit Requirements/Annual Report and SWMP- Pulled/Council asked for a presentation - Approved 7-0 Mayor Dovey pulled Consent Item 5b - Sprint Franchise Agreement Amendment. Councilmember Burbidge pulled Consent Item 5e - NPDES Permit Requirements! Annual report and SWMP. MOTION: Deputy Mayor Faison moved approval of Consent Items a, c and d. Councilmember Ferrell second. The motion carried 7-0. Consent Item 5b - Sprint Franchise Agreement Amendment: Mayor Dovey recused himself from this issue as a potential conflict of interest. MOTION: Deputy Mayor Faison moved approval of Consent Item 5b (no second). The motion passed 6-0 (Mayor Dovey recused). Consent Item 5e - NPDES Permit Requirements/Annual Reports and SWMP: Councilmember Burbidge asked for a presentation on this item. Surface Water Manager Paul Bucich gave a brief presentation on the program stating that as part of it's permit requirements the City is required to have a plan and provide updates annually through-out the permit cycle. He reviewed SWM accomplishments to date. MOTION: Councilmember Kochmar moved approval of the 2008 Annual Report and SWMP documents and authorized the City Manager to submit to the Department of Ecology by March 31st to satisfy the City's NPDES Permit obligations. Councilmember Burbidge second. The motion carried 7-0. 6. CITY COUNCIL BUSINESS a. Regional Affordable Housing Program Interlocal Agreement MOTION: Councilmember Burbidge moved approval of the Regional Affordable Housing Program Interlocal Agreement and authorized the City Manager to execute the agreement. Councilmember Duclos second. The motion carried 7-0. b. Celebration Park Maintenance Building Purchase MOTION: Councilmember Burbidge moved approval of accepting the bid from Rigid Building Systems for $55,223 and authorized the Assistant City Manager to execute a purchase agreement for the Celebration Park Maintenance Building. Councilmember Kochmar second. The motion carried 7-0. c. 2008 Parks Commission Work Plan MOTION: Councilmember Burbidge moved approval of the 2008 Park Commission Work Plan. Councilmember Kochmar second. The motion carried 7-0. d. Emerald Aire Retainage Release MOTION: Councilmember Burbidge moved to accept the Emerald Aire contract as complete and authorize staff to release retainage in the amount of$3,538.10 to Emerald Aire. Councilmember Duclos second. e. 2008-2010 Public Works and Parks Maintenance Workers Collective Bargaining Agreement MOTION: Deputy Mayor Faison moved approval of the 2008-2010 Collective Bargaining Agreement for the Public Works and Parks Maintenance Workers and authorized the City Manager to execute said agreement. Councilmember Kochmar second. The motion carried 7-0. f. Sub-area Plan for SW 356th Street Senior Planner Margaret Clark briefed the City Council on the results of a March 5th public meeting with property owners in the SW 356th Sub-area pertaining to initial fmdings regarding a potential increase in single-family residential zoning for the area. Ms. Clark stated that rezoning requests were received from two property owners in 2006. Ms. Clark stated the area is presently zoned RS 15.0 (single family, one unit per 15,000 square feet). On April 3, 2006, staff was given direction by the Land Use/Transportation Committee (LUTe) to study the area based on certain selection criteria. Based on the initial findings, staff has found that although the proposal met the selection criteria, there are obstacles associated with providing services to support increased density as well as a lack of support from the area residents. Councilmember Duclos asked if this issue was to be moved forward, what would be the process. Ms. Clark explained the issue would go through this year's comprehensive plan amendments process, then the SEP A stage, a comment and appeal period, a Public Hearing in front ofthe LUTC and then the City Council. She further stated that throughout the entire process all the same property owners would be notified of any meetings. Council Discussion: Councilmember Burbidge asked about build-out levels at the current zoning designation and what build-out would be if the zoning was increased. Ms. Clark stated that at current building levels build-out would be up to an additional 458 homes; if zoning levels are increased maximum build-out would be an additional 698 homes. Mayor Dovey and Councilmember Park asked questions pertaining to building on a 2,500 square foot lot. Ms. Clark explained that a property owner could build on a 2,500 square foot lot as long as they met the City's required setbacks. If they did not meet set-back requirements, the property owner could always ask for a vanance. Mayor Dovey stated again that there is no vote/decision on this issue this evening and it will come back to Council if pursued further. 7. CITY COUNCIL REPORTS Councilmember Kochmar reported on her trip along with Councilmember Park to Washington DC where they asked for $3.7 million in transportation funding. Councilmember Park stated the meeting of the Finance Economic Development Regional Affairs Committee is scheduled for Tuesday, March 25th. Councilmember Burbidge reported the next ParkslRecreationlHuman Services/Public Safety Committee is scheduled for April 8th and she updated the Council on Sound Transit Board Meetings and how their outcomes will affect the needs of the City of Federal Way. Mayor Dovey reported on upcoming Town Hall meetings: March 24, at Twin Lakes Elementary School and on April 14th at St. Luke's Lutheran Church 8. CITY MANAGER REPORT City Manager Beets had no report except to state the Executive Session scheduled for this evening has been cancelled. 9 EXECUTIVE SESSION a. Potential Litigatiea f)Ui"suant to RCW 12.30.110(1 )(i) 10. ADJOURNMENT Mayor Dovey adjourned the meeting at 9:57 PM. ATTEST: ,CMC Approved by Council on: ~