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Home My WebLink AboutCouncil MINS 12-17-2002 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall December 17,2002 - 7:00 p.m. Minutes I. CALL MEETING TO ORDER Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the hour of7:05 p.m. Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan and Councilmembers Mary Gates, Linda Kochrnar, Mike Park and Eric Faison. 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 Faison led the flag salute. COUNCILMEMBER KOCHMAR MOVED ADDITION OF AGENDA ITEM VI (c) SEXUAL PREDATOR SITING ISSUE; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes COUNCILMEMBER KOCHMAR THEN MOVED THE ADDITION OF AGENDA ITEM X (c) POTENTIAL LITIGATION; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge yes Faison yes Gates yes II1. PRESENTATIONS a. ~drant Recognition Kochrnar McColgan Park yes yes yes ORIGINAL Federal Way City Council Regular Meeting Minutes December 17, 2002 - Page 2 of 9 Mayor Burbidge presented Wally Costello, Senior Vice-President of Commercial Development for Quadrant Corporation, with a Certificate of Recognition for the Capitol One Call Center Building. The project was recently awarded an Honorable Mention for "Office Development of the Year" from the Washington State Chapter of the National Association of Industrial and Office Properties. b. Lodging Tax Advisorv Committee Introductions/Appointment Certificates Deputy Mayor McColgan, Chair of the Lodging Tax Advisory Committee, announced the reappointment of Scott Brown to the Lodging Tax Advisory Committee. Appointed as new members were Hector Santa Cruz and Mike Dunwiddie. All will serve terms through October 31, 2004. c. Introduction of New Employees/City Manager There were no new employees to introduce. d. Emerging Issues/City Manager City Manager Moseley reported two emerging issues. Due to concern about the impact of the economy on the availability of Human Services funding, an additional $14,000 in unspent Human Services funds was sent to the Multi-Service Center food bank. Ten thousand dollars will provide holiday meals for 2000 households. At the City Manager's request, Assistant City Manager Derek Matheson clarified his earlier comments as reported by the Seattle Post Intelligencer with respect to earlier police and fire calls to the Oxford House. IV. CITIZEN COMMENT Dave McKenzie expressed concerns about earlier comments in the Seattle P-I regarding the absence of police calls to the Oxford House facility. Faith Noble feels the city should be protecting her civil rights-the same as those of the Oxford House residents. Wade Staiger spoke against the Level 3 Sex Offender Housing proposed in the Peasley Canyon neighborhood-not only will property values decline, but security will also be a concern. Dennis Haugen of Lakewood clarified the Lakewood City Hall project actually cost over $4 million-not the $10 property purchase price as reported recently by the Federal Way Mirror. Federal Way City Council Regular Meeting Minutes December 17, 2002-Page 3 of9 Randy Bannecker spoke in support the proposed utility tax rebate for seniors. Judy Carlson questioned why the canine unit was called to the Oxford House on one occasion. Kelly McKenzie commented on the need to preserve the rights of citizens when considering issues like the Oxford House and the sexual offender facility proposed for the Peasley Canyon neighborhood. v. CONSENT AGENDA a. b. Minutes/December 3, 2002 Regular Meeting - Approved Vouchers - Approved Monthly Financial Report/Month of October 2002 -Approved Council Bill #314/2002 Budget Adjustment -Approved Ordinance #02-435 Janitorial Contract Amendment/Professional Commercial Cleaning, Inc. - Approved Authorization for Human Services Commission to Advertise Concept Papers for CDBG Employment Program - Approved Tourism Enhancement Grant Awards - Approved Federal Way School District Board Meeting Broadcast Agreement Amendment - Approved c. d. e. f. g. h. COUNCIL MEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA; COUNCILMEMBER KOCHMAR SECOND. Councilmember Gates pulled item (d): Council Bill #314/2002 Budget Adjustment. Deputy Mayor McColgan pulled item (g): Tourism Enhancement Grant Awards. The motion to approve Consent items (a), (b), (c), (e), (f), and (h) passed as follows: Burbidge Faison Gates Kochmar McColgan Park yes yes yes yes yes yes Consent Item (d): Council Bill #314/2002 Budget Adjustment Councilmember Gates noted staff has identified two items related to major construction projects that were not incorporated into the proposed 2002 housekeeping budget adjustment-those projects being: Federal Way City Council Regular Meeting Minutes December 17, 2002-Page 4 0/9 1. SR99 Phase 1: Received authorization to appropriate the $4.94 million federal grant for the construction phase of SR99 in April 2002; the grant has not been incorporated into the project budget. This does not change the total project cost, but recognizes the grant revenue and the project cost in our budget. 2. The Dash Point and 8'h Signal Improvement Project: An adjustment is needed to incorporate the change in final construction cost and overall project estimate of $773,967 as approved by the LUTC on February 4 and full Council on February 19 this year. The amount of the adjustment is $386,535; funded primarily with unallocated bond interest and WSDOT overlay contribution received. The total budget adjustment including these two items will be $6.27 million. COUNCILMEMBER GATES MOVED ADOPTION OF THE 2002 BUDGET ADJUSTMENT ORDINANCE AS AMENDED ABOVE; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes Consent Item (g): Tourism Enhancement Grant Awards Deputy Mayor McColgan announced the grant awards and invited citizens to apply for future funding opportunities. DEPUTY MAYOR MCCOLGAN MOVED APPROVAL OF THE FOLLOWING TOURISM ENHANCEMENT GRANTS: $5,000 TO THE AUGUST 2003 FEDERAL WAY FAMILY FEST/FESTIVAL DAYS; $2,000 TO FEDERAL WAY SYMPHONY 2003 GARDEN TOUR, PLUS AN ADDITIONAL $1,500 FOR MARKETING OUTSIDE THE PUGET SOUND REGION; AND $6,000 TO THE SEPTEMBER 2003 MEN'S 45 & OVER FAST PITCH NATIONAL CHAMPIONSHIP, NOT TO BE USED FOR NONREIMBURSABLE BID EXPENSES; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochrnar McColgan Park yes yes yes VI. CITY COUNCIL BUSINESS a. Municipal Facilities Advisory Committee/Final Recommendation Federal Way City Council Regular Meeting Minutes December 17,2002 -Page 5 0/9 Jack Dovey, Chair of the Municipal Facilities Advisory Committee, presented the committee's final report on their recommendations to Council. DEPUTY MAYOR MCCOLGAN MOVED ACCEPTANCE OF THE MUNICIPAL FACILITIES ADVISORY COMMITTEE'S FINAL REPORT WITH NO COUNCIL RECOMMENDATION AT THIS TIME; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes b. Kenneth Jones Pool Transfer Agreement with King County Jennifer Schroder, Director of Parks, Recreation and Cultural Services, detailed the Kenneth Jones Pool transfer agreement. MOTION BY COUNCILMEMBER GATES TO APPROVE THE AGREEMENT AND TO AUTHORIZE THE CITY MANAGER TO SIGN THE INTER- GOVENMENT AL TRANSFER AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR KENNETH JONES POOL, AND TO FURTHER AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND SIGN AN ASSIGNMENT AGREEMENT BETWEEN KING COUNTY, FEDERAL WAY SCHOOL DISTRICT, AND THE CITY OF FEDERAL WAY TO TRANSFER THE PROPERTY LEASE FOR KENNETH JONES POOL FROM KING COUNTY TO THE CITY OF FEDERAL WAY-CONTINGENT ON THE CITY OBTAINING CLEAR TITLE AND COMPLETION OF THE TRANSFER FROM KING COUNTY FOR THE KENWOOD PIT PROPERTY; COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes c. Sexual Predator Siting Issue (added item) Assistant City Manager Derek Matheson briefed Councilmembers with the information provided to date regarding the DSHS proposed site. MOTION BY COUNCILMEMBER KOCHMAR TO DIRECT CITY STAFF TO CONTINUE THEIR RESEARCH ON THE PROPOSED SITING AND TO PREP ARE A POSITION LETTER FOR THE MAYOR'S SIGNATURE TO BE Federal Way City Council Regular Meeting Minutes December 17,2002 -Page 6 0/9 SENT TO THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes VII. INTRODUCTION ORDINANCES a. Council Bill #315/Utility Tax Rebate to Low Income Seniors AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR UTILITY TAX RELIEF TO LOW INCOME SENIORS AND AMENDING ARTICLE V, CHAPTER 14 OF THE FEDERAL WAY CITY CODE (AMENDS ORDINANCE NO. 95-257,96-262, AND 02-431). DEPUTY MAYOR MCCOLGAN MOVED COUNCIL BILL #315 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #316/AT&T Wireless Franchise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING AT&T WIRELESS SERVICES OF WASHINGTON, LLC, AN OREGON LIMITED LIABILITY COMPANY, D/B/A AT&T WIRELESS, BY AT&T WIRELESS SERVICES, INC., A DELEW ARE CORPORA TION, ITS MANAGER/MEMBER HAVING AN OFFICE AT 2729 PROSPECT PARK DRIVE, SUITE 100, RANCHO CORDOVA, CA 95670, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON. WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF- WAY IN CONNECTION WITH ITS FEDERALLY LICENSED WIRELESS COMMUNI- CATIONS BUSINESS WITHIN AND THROUGH THE CITY OF FEDERAL WAY. COUNCILMEMBER GATES MOVED COUNCIL BILL #316 TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING; DEPUTY MAYOR MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes December 17, 2002 -Page 70/9 VIII. CITY COUNCIL REPORTS Councilmember Gates reported she will furnish copies of the Sound Transit budget report, as well as the Transportation Improvement Board and the Regional Transit Committee reports at the next Council meeting in January. Counci1member Kochmar reported the ACC meeting will be held on December 18. She thanked City Manager David Moseley for finding unspent money in the Human Services budget for the Federal Way Food Bank. Councilmember Michael Park had no report. Councilmember Faison reported Chapters 6-10 of the Comprehensive Plan will be reviewed at the Land Use/Transportation Committee meeting on January 6, 2003. He also requested that staff add information regarding the proposed sexual predator housing site to the city's website. Deputy Mayor McColgan announced the Lodging Tax Committee will hold its next meeting on Friday, December 20, at 8:00 a.m. Mayor Burbidge reported the recent Latino Heritage event sponsored by the Diversity Commission was a huge success. She expressed appreciation to the citizens who made donations to the food bank; she also thanked city staff for adopting families and providing gifts and food for the holiday season. IX CITY MANAGER REPORT City Manager David Moseley announced a mid-biennium retreat after the appointment of the new Councilmember-potential dates are January 25. February 1 or February 28. He announced work to extend the water supply pipeline will begin in the spring, bringing closure of the BPA Trail Phase I and closing some of the Celebration Park ball fields. He announced the retirement of Court Administrator Sandra Warter, effective February 28. She has been with the city for three years. She established the city's municipal court, reducing costs and improving city services. The City Manager announced the need for an executive session, expected to be thirty-five minutes in length, to review performance of a public employee pursuant to RCW 42.30.110(1 )(g); property acquisition pursuant to RCW 42.30.110(1 )(b); and potential litigation. Federal Way City Council Regular Meeting Minutes December 17, 2002 -Page 8 0/9 COUNCILMEMBER GATES MOVED SUSPENSION OF COUNCIL RULES TO EXTEND THE MEETING BEYOND 10:00 P.M.; COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates x. yes no yes Kochmar McColgan Park EXECUTIVE SESSION yes no yes a. b. Review Performance of Public Employee/Pursuant to RCW 42.30.110(1 )(g) Property Acquisition/Pursuant to RCW 42.30.110(1 )(b) Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) (added item) c. At 9:30 p.m., Mayor Burbidge announced a recess to executive session. Council returned to chambers at 11 :22 p.m. DEPUTY MAYOR MCCOLGAN MOVED TO DIRECT AND AUTHORIZE THE FINANCE DIRECTOR TO PAY 100% OF THE GOALS OF WHICH 100% SHALL EQUAL 8.48% OF THE BASE SALARY PER THE CONTRACT; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochrnar McColgan Park yes yes yes DEPUTY MAYOR MCCOLGAN MOVED TO DIRECT THE CITY ATTORNEY TO AMEND THE CITY MANAGER EMPLOYMENT AGREEMENT TO ALLOW FOR AN INCREASE TO THE CITY MANAGER'S BASE SALARY OF 1.73% FOR A MARKET ADJUSTMENT, PLUS 2.5% BASE SALARY ADJUSTMENT INCREASE AND AN INCREASE OF DEFERRED COMPENSATION TO $11,000; COUNCILMEMBER KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates yes yes yes Kochrnar McColgan Park yes yes yes COUNCILMEMBER FAISON MOVED TO DIRECT AND AUTHORIZE THE CITY MANAGER TO DIRECT CITY STAFF TO NEGOTIATE THE ACQUISITIONS AND CLOSE THE PURCHASE OF REAL PROPERTY OWNED BY MR. NORRIS HAUGE AND MR. RICHARD HAUGE FOR A MAINTENANCE Federal Way City Council Regular Meeting Minutes December 17, 2002-Page 9 of9 YARD EXPANSION PROJECT NOT TO EXCEED 10% OF THE FAIR MARKET VALUE; COUNCILMEMBER PARK SECOND. The motion passed as follows: Burbidge yes Kochmar yes Faison yes McColgan yes Gates yes Park yes IX ADJOURNMENT There being no further business to come before the Council, Mayor Burbidge adjourned the regular meeting at 11 :25 p.m. ~ /',/ /J {) ~~~~ City Clerk