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Council MIN 07-18-2006 Regular ------- FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 18,2006 - 7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. CALL MEETING TO ORDER Mayor Park called the meeting to order at 7:04 PM and excused Deputy Mayor Ferrell. 2. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the Flag Salute. 3. PRESENTATIONS a. Federal Way School District Green Schools Recognition Councilmember Dovey presented Federal Way School District Representative Ed. Novak with a plaque certifYing the District as a Green School achieved through their efforts in recycling. Mr. Novak expressed his appreciation to both the City of Federal Way and King County and stated because of this program involving 36 schools in the district, recycling costs have been reduced by two-thirds. MOTION: Councilmember Burbidge moved to amend the City Council agenda to move item f, French Lake Off-leash Dog Park, from the Consent Agenda to Introduction of Ordinances before Council Business. Councilmember Dovey second. The motion carried 6-0. b. Rotary Club - Acceptance of $25,000 toward the Community Center Councilmember Burbidge introduced Rotary Club Present Mike Harris who gave the first installment of a $25,000 donation toward the Community Center. Mr. Harris presented the check on behalf of the Rotary Board of Directors and Rotary Club members. Councilmember Burbidge accepted the check on behalf of the City and introduced Betty Simpson and Marie Sciacqua who lead the fund-raising committee for the Community Center. d. City Manager - Introduction of New Employees - None e. City Manager - Emerging Issues Mayor Park thanked Interim City Manager Derek Matheson for his work during this interim period. Councilmember Dovey asked about two issues that were raised by citizens at the July 51h Council meeting: The garbage issue at the apartment complex and the accident at 306th and 8th. ---------------- Mr. Matheson responded that staff pulled the accident report regarding the incident at 306th and 8th. It appears the vehicle had the right of way while the bicycle had no breaks. Staff has contacted the management of the apartment complex where the garbage compliant originated as well as the King County Health Department. Staff will continue their effort in this situation. 4. CITIZEN COMMENT Daphney Blankenship - spoke in opposition to portable basketball hoops in the City. Ms.Blankenship asked for an Ordinance regulating basketball hoops. Phyllis Hilt - spoke in support of the off-leash dog park area at French Lake Park. H. David Kaplan c... spoke in support ofthe off-leash dog park at French Lake. He also reminded the public of the King County Library Board Meeting on July 25 and addressed areas of concern regarding the library. Mr. Kaplan submitted his written comments for the record. Marylyn Gates - spoke in support of the off-leash dog park at French Lake Park. Michael McLeod - Twin Lakes Homeowner's Association - spoke in opposition to the Soundview Manor Development adjacent to the Twin Lakes neighborhood. Opposes the opening of SW 314st Place. Kevin Morris - spoke in support ofthe off-leash dog park at French Lake Park. Harold Hurst - spoke in support of the off-leash dog park at French Lake Park. Mr. Hurst;asked forisigns announcing park hourS. Sally Hurst - spoke in support of the off-leash dog. park at French Lake Park.M~. Hurst presentedia.. slideshow presentation depicting park usage. Roy Parke - spoke regarding the constitution and the three branches of government. Mr. Parke stated there is no separation of power between Mayor and Council. City Attorney Pat Richardson called for a point of order stating that state law prohibits testimony for promotion of or opposition to any ballot proposition or proposed ballot proposition and it is her understanding that this issue may be going to the ballot. Gayla Hardison - responded to Councilmember Dovey's comments at the last meeting which she was unable to attend. Ms. Hardison stated that since she was unable to attend, she had the City Clerk read her comments into the record. Ms. Hardison reiterated her comments from the July 5,2006 Council Meeting. City Attorney Pat Richardson called for a point of order stating that Council Rules prohibit remarks to the Council against individual staff members or Councilmembers. Michelle Dupuis - stated she supports the off-leash dog park at French Lake Park but as a homeowner adjacent to the park, asked for an ordinance that would limit the hours of operation so homeowners aren't disturbed early in the morning or late at night. Ms. Dupuis inquired who should be called if a disturbance occurs as she doesn't feel it constitutes a 911 call. Betty Simpson - spoke in support of the Federal Way Community Center. Elisabeth Hardison - spoke again regarding the vehicle/pedestrian accident at 306th and 8th Streets and also asked about the status of the panhandling ordinance. Aimee Rhoads - spoke in support of the off-leash dog park at French Lake Park. Troy Johnson - spoke in support of the off-leash dog park at French Lake Park. ---- ------- Aaron Brown - spoke in support of the off-leash dog park at French Lake Park. Barbara Reid - stated she was originally opposed to an off-leash dog park but has changed her mind and seeing how the park is now used, she supports it. She also stated her concern regarding discourteous comments to the Council and asked the Mayor to stop derogatory comments with his gavel. Councilmember Kochmar asked staff to look into the basketball hoop issue. Interim City Manager Matheson stated the Parks, Recreation and Public Safety Committee will be discussing the panhandling ordinance in August or September. 5. CONSENT AGENDA a. Minutes: Approval of the June 29,2006 Special Meeting b. Bid Acceptance for the Purchase of a Bomb Van c. 2006 Justice Assistance Grant d. Thompson Property Park: Award Bid e. WiFi Internet Service Options for Federal Way f. French Lake Off-Leash Dog Park - Pulled and put under Introduction Ordinances g. Naming Thompson Property - Cedar Grove Park h. Cabins Park Phase Il:Patking Lot - Reject Bid and Atithorize to Re-Bid in Smaller Packages >1. Cabins ParkPSE Easement MOTION: Councilmember McColgan moved approval of consent items a-eland g-i as presented. Councilmember Burbidge second. The motion carried 6-0. 6. PUBLIC HEARING a. Six-Year (2007-2012) Transportation Improvement Plan Mayor Park opened the Public Hearing at 7:59 PM. He outlined the procedures Council would follow for this public hearing and called upon Traffic Engineer Rick Perez for the staff report. 1. Staff Report City Traffic Engineer Rick Perez outlined the six-year plan for transportation-related capital projects. Mr. Perez reviewed projects that have been completed since last years' update, and those projects that are scheduled to be completed in 2006/early 2007. Mr. Perez stated the City is not proposing any new projects to the six-year TIP. 11. Citizen Comment (3 minute limit) H. David Kaplan - asked about 2 I Avenue SWat 318th and 320th. Mr. Perez responded that this project is scheduled for completion the end of this year. ------------- iii. Action - Adoption of Resolution Councilmember Faison asked about widths of intersections and levels of service. Mr. Perez replied there is concern that as the City continues to add left-hand turn lanes it will impact pedestrians trying to cross. Staff is looking at options. MOTION: Councilmember Dovey moved approval ofthe Resolution approving the 6-year Transportation Improvement Plan for 2007-2012. Councilmember McColgan second. The motion carried 6-0. Mayor Park closed the Public Hearing 8:12 PM. 6a. ADDED ITEM - INTRODUCTION ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING CHAPTER 4 OF THE FEDERAL WAY CITY CODE TO OFFICIALLY ALLOW AN OFF-LEASH AREA IN FRENCH LAKE PARK. City Clerk Laura Hathaway read the ordinance title into the record. MOTION: Councilmember Burbidge moved approval of the proposed ordinance amending Chapter 4 of the Federal Way City Code to officially allow an off-leash dog area in French Lake Park and place the Ordinance on the August I, 2006 Council Agenda for second reading and enactment. Councilmember McColgan second. Councilmemher Kochmar recused'heI'selfa.~ she is an employee of Lakehaven Utility DistricC CouncilmemberMcColgan clarified that the ordinance does address park hours which are 1:00 AM to ausk; except during the summer months (May-August) when park hours are 7:00 AM to'9:00 PM, Councilmember Burbidge believes the City needs to be realistic about the possibility of Lake haven Utility District purchasing the park in the future but supports the off-leash area whole-heartedly. Councilmember Dovey suggested having a requirement in the deed of sale (should Lakehaven Utility District ever purchase the park), stipulating that it must remain an off-leash dog park. City Attorney Pat Richardson stated that could be stipulated in the purchase and sale agreement if it ever comes to that. Councilmember Faison asked about noise impacts. Park Planner/Development Manager B. Sanders responded that staff is proposing funding in the 2007/2008 capital budget for noise impacts. VOTE: The motion passed 5-0; Councilmember Kochmar recused. 7. CITY COUNCIL REPORTS Councilmember Kochmar reported on the recent garden tour in the city; welcomed several businesses to the City and stated she will attend the Medic One stakeholders meeting on EMS Levy on behalf of the Mayor on July 20, 2006. She also stated the next Finance/Human Services and Regional Affairs Committee meeting is scheduled for July 25,2006. Councilmember Burbidge recognized Jan Owen of the Community Center Fundraising Sub-Committee stating she hadn't realized she was in the audience earlier in the evening when the City accepted the Rotary donation. She also reported on the fireworks tip line which is still activated. Councilmember Burbidge updated the Council on several regional meetings involving transportation issues. -- __m_______ Councilmember Dovey thanked Interim City Manager Derek Matheson and staff for their work during the transition period and reported the last Land Use Transportation Committee Meeting discussion included Cottage Housing and zoning amendments. Those issues will continue at the next meeting of the LUTC. Councilmember Faison thanked Mr. Matheson for his service during this interim period and reported on the Economic Development Committee Meeting held earlier this evening where they discussed how to communicate the City's vision to the city as a whole. They have asked Economic Development Director Patrick Doherty to come up with a plan and the costs associated with the plan. Councilmember McColgan also thanked Mr. Matheson; will attend a SCA Executive Board Meeting on July 19, 2006 at 6:00 PM where the discussion will focus on Puget Sound Regional Council transportation issues and reported that Celebration Park is booked solid for tournaments. He also thanked the many volunteers that contribute to make these tournaments a success. Mayor Park thanked Councilmember Kochmar for attending the upcoming meeting for the EMS Levy on Thursday, Juile 20th in his absence; stated he and Interim City Manager Derek Matheson met with King County Councilmember Pete von Reichbauer regarding a potential sale of Wild Waves and assured him the City does not intend to impose an admissions tax. Other topics of discussion included annexation and transportation issues. 8. CITY MANAGER REPORT Interim City Manager Derek Matheson reported that City Manager Neal Beets will start on August 1, 2006; there will be a public reception to welcome him at the August 1 Council Meeting~HealsO' r~portecl that the delegation from. Sister City Hachinohe Japan has had to cancel their. ttjp to; Federal Way but the Federal Way delegation will travel toHachinohe Japan and Donghae,SouthKoreain ',,9ctob~LLa~t~y he repprted, C~uncil will adjourn to Executive Session.to discuss ,thefonowing~ Potential Litigation Pursuant to RCW 42.30.110(1 )(i) and Property Acquisition Pursuant to RCW 42.30.11O(1)(b). The Executive Session is scheduled to last approximately 45 minutes with no action. Council adjourned to Executive Session at 8:49 PM. 9. EXECUTIVE SESSION a. Potential Litigation Pursuant to RCW 42.30.110(1)(i) b. Sale of Property Pursuant to RCW 12.30.110(1)(0) PulledINo Discussion c. Property Acquisition Pursuant to RCW 42.30.110(1)(b) 10. ADJOURNMENT Mayor Park adjourned the meeting at 9:23 PM. ATTEST: