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Council MIN 10-17-2006 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 17, 2006 - 7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. CALL MEETING TO ORDER Mayor Park called the meeting to order at 7:06 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park present. 2. PLEDGE OF ALLEGIANCE Deputy Mayor Ferrell led the Flag Salute. 3. PRESENTATIONS a. Recognition of Mary Gates Councilmember Burbidge presented Mary Gate as Certificate of Recognition for work in community service, including past service as a City Councilmember and Mayor as well as her recent recognition as a Woman of Influence. b. Regional Transportation Investment District/Sound Transit Joint Presentation Sound Transit Representative Joni Earl and RTID Representative David Hopkins updated the Council on regional transportation projects including light rail and road improvement projects. Ms. Earl stated that Link Light Rail is 50% through construction and Mr. Hopkins stated there are a series of construction projects on SR 167. Both Mr. Hopkins and Ms. Earl discussed the proposed Integrated Regional Transportation ballot measure slated for November 2007, and stated that in order for the measure to be approved, both the light rail and road portions have to pass. Councilmember Kochmar reiterated that it is Federal Way's preference that Link Light Rail extends to Tacoma. Councilmember Burbidge stated there should be a balance between north end and south end projects. Both Representatives stated their agencies are keenly aware that the needs are in both directions. Councilmember Dovey inquired about the proposed ballot measure and educating the public so they are aware that it's an "all or nothing" measure. Mr. Hopkins stated they are currently working with the Legislature to have it listed as one ballot measure that includes both public transit and road projects; right now however the law dictates they have to be listed on the ballot separately. c. City Manager - Introduction of New Employees - none d. City Manager - Emerging Issues - none 4. CITIZEN COMMENT Nancv Coombs spoke in support of increased traffic safety along 21st Avenue SW. Frostv Hardison spoke regarding panhandling and his concerns regarding the proposed Junk Vehicle Ordinance and the provision allowing for removal of vehicles on private property. 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 3, 2006 Regular Meeting Minutes - Approved b. Contract Renewal with King County for I-Net Services - Approved c. Enactment Ordinance: Provide for the Removal of Junk Vehicles on Public Rights of Way and Private Property - Approved - Ordinance No. 06-534 d. South 336th Street at First Way South Intersection Improvement Project- Final Acceptance-Approved e. 2007 Asphalt Overlay Program Preliminary Project List and Authorization to Bid - Approved f. RTID/ST2 Comments - Position on Ballot Measure - Approved g. Target/Safe City Grant - Downtown Core Video Equipment- Approved h. Target Corporation VHS to DVD Technology Grant - Approved 1. Pandemic. Response PI::m - Pulled . J. Youth Commission Work Plan -Approved Councilmember Kochmar pulled Consent Item i for discussion. MOTION: Deputy Mayor Ferrell moved approval of consent items a-h &j. CouncilmemberBurbidge second. The motion carried 7-0. Consent Item i-Pandemic Response Plan. Councilmember Kochmar asked for a brief update on the City's plan. Emergency Management Coordinator Ray Gross stated that preparedness and prevention is the key when it comes to the pandemic flu. He stated mutual aid may not be available. He also reviewed the intent of the plan which is to ensure the continuity of essential city services; explain the Public Health Department tier system for administering vaccinations and explain the social distancing strategies. MOTION: Councilmember Burbidge moved approval of the Pandemic Response Plan. Councilmember Kochmar second. The motion carried 7-0. 6. PUBLIC HEARING Mayor Park opened the public hearing at 7:40 PM and read the process to be followed into the record. a. Street Vacation of Campus Highlands Divisions L 3 & 5 · Staff Report Street Systems Engineer John Mulkey reviewed the petition received by the Campus Highlands Homeowner's Association stating that 43 of the abutting property owners signed the petition which meets the 2/3 requirement. Mr. Mulkey reviewed that all mandatory criteria were met and the 3 of 5 discretionary criteria have been met. Mr. Mulkey stated that if approved, a gated community ordinance should be developed as well. He also stressed that staff is not making a recommendation as this is a policy issue of the Council. · Citizen Comment (3-minute limit) 1. Scott Chase spoke in opposition to the proposed street vacation. 2. Joan Tornow spoke in opposition to the proposed street vacation and submitted a written statement. 3. William Summers spoke in support of the proposed street vacation. 4. E.W. Martinson (written statement read into the record) in support of the proposed street vacation. 5. Leon White spoke in support of the proposed street vacation. 6. Joel Stinson spoke in support of the proposed street vacation. 7. John Tornow spoke in opposition to the proposed street vacation and submitted a written statement. 8. Dan Papke spoke in support of the proposed street vacation. 9. Sandra Matteson spoke in opposition to the proposed street vacation. 10. Wes Beckmann spoke in support of the proposed street vacation. 11. Gary Fredrickson spoke in support of the proposed street vacation. 12. Sheri Walsh spoke in support of the proposed street vacation. 13. Ernest Commodore spoke in opposition to the proposed street vacation and submitted a written statement. 14. Betty Leisbe spoke in support of the proposed street vacation. . 15. Hakie Berlage spoke in support of the proposed street vacation. 16. Brian Berlage spoke in support of the proposed street vacation. 17. Danielle Fulcer spoke in support of the proposed street vacation. 18. Dean Fulcer spoke in support of the proposed street vacation. 19. Josh Fulcer spoke in support of the proposed street vacation. 20. Jeff Bowie spoke in support of the proposed street vacation. 21. Kelly Maloney spoke in support of the proposed street vacation. 22. Brad McKeown spoke in support of the proposed street vacation. 23. Tracy Carpenter spoke in support of the proposed street vacation. 24. Dr. Charles Stillman spoke in support of the proposed street vacation. Written comments in support ofthe proposed street vacation were also submitted by Rosemary Summers (comments were not read into the record). Councilmembers asked numerous questions in regards to the proposed street vacation, which are attached as Exhibit A to the minutes. City Manager Beets stated answers would be available for the December 5,2006 Council meeting. MOTION: Councilmember Dovey moved to continue the public hearing to the December 5, 2006 Council meeting. Councilmember Kochmar second. The motion carried 7-0. Deputy Mayor Ferrell requested that research material/answers be made available as they are answered so that the Council has the information before the December 5th meeting. 7. INTRODUCTION ORDINANCE a. Council Bill #415 - Amendment to the Utility Tax Rebate Program to Include Low-income Disabled Persons AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR UTILITY TAX RELIEF TO LOW-INCOME DISABLED CITIZENS AND. AMENDING ARTICLE V, CHAPTER 14 OF THE FEDERAL WAY CITY CODE (AMENDS ORDINANCE NO. 03-436.) City Clerk Laura Hathaway read the Ordinance Title into the record. MOTION: Councilmember Kochmar moved the proposed ordinance to second reading on November 7, 2006. Councilmember Burbidge second. The motion carried 7-0. b. Council Bill #416 - Flood Damage Prevention Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 21 BY ADDING A NEW ARTICLE V, FLOOD DAMAGE PREVENTION: City Clerk Laura Hathaway read the Ordinance Title into the record. MOTION: Councilmember Dovey moved the proposed ordinance to second reading on November 7, 2006. Councilmember Burbidge second. The motion carried 7-0. 8. CITY COUNCIL REPORTS Councilmember Kochmar thanked the Federal Way Police Department for getting the word out regarding a rapist which subsequently resulted in the apprehension of a suspect. She also thanked the Fire Department for recognizing the assailant. Councilmember Kochmar congratulated the Police Department on their 10-year anniversary and thanked Debbie Willis for suggesting extending the utility tax rebate program to low-income/disabled persons. Councilmember Burbidge stated the next Parks, Recreation and Public Safety Committee meeting is scheduled for November 14th; congratulated the Police Department on their 10 -year anniversary and reported on various regional transportation meetings and issues. She will also attend two ribbon-cutting ceremonies on October 19th for regional transportation projects. Councilmember Dovey reported that at the next Land Use Transportation Committee Meeting (LUTC), the committee will hear a presentation about the state of the ever-shrinking lot size; there has been a request to discuss levels of service at intersections at an upcoming LUTC meeting and he also attended the Enterprise Seattle meeting last week focusing on economic development in the Puget Sound region. MOTION: Councilmember Kochmar moved to suspend the rules to continue past I 0:00 PM. Councilmember Burbidge second. The motion carried 7-0. Councilmember Faison - no report. Councilmember McColgan - no report. Deputy Mayor Ferrell - no report. Mayor Park reported on the October 5th Community Center tour and announced the center is slated to open in the Spring of2007; he attended a Technology Conference at the Federal Way Boys and Girls Club on October ih and noted the upcoming budget study sessions November 1 and 2, 2006. 9. CITY MANAGER REPORT City Manager Beets had no report other than to mention that Council would adjourn to Executive Session for approximately 30 minutes. 10. EXECUTIVE SESSION - Council adjourned to Executive Session at 10:01 PM. a. Potential Litigation pursuant to RCW 42.30.110(1 )(i) b. Potential Property Acquisition pursuant to RCW 42.30.110(1 )(b) 11. ADJOURNMENT - The meeting was adjourned at 19:24 PM. ATTEST: ura Hathaway, City Clerk Approved by Council on: /;-, /or. EXHIBIT A OCTOBER 17, 2006 COUNCIL MINUTES Campus Estates Street Vacation Questions All of the questions raised by Council are summarized into four subject areas; the cost for the vacation, vacation process issues, access, and maintenance. Following this list all the questions raised by Council are captured sequentially. Some ofthe questions were raised more than once, but are only listed one time in the summary. Summary of Questions remaining to be answered from Council: Cost for the vacation: 1. What is the value the City would be compensated? 2. What is the negotiating process for the costs between the city and the HOA? 3. Cost of the appraisal - What is the real price for the right of way? Is there a mechanism to figure this out? 4. who would pay for the appraisal? 5. . In regards to the appraisal, how do we establish the costs for the street? 6. Are the residents going to pay the HOA then the HOA pay The City? 7. What are the costs to the general community and how are they going to be dealt with? 8. Who is going to pay for the stafftime to research the answers to all ofthe questions? Is the City responsible to do the research? Vacation Process Issues: 1. If a property owner purchases their portion of the Right of Way, but doesn't turn their portion over to the HOA can the HOA still put up the gate, when not all property owners agree to turn over the property? Can an individual who now owns their property prevent the establishment of a gate? Is it possible for one person to stop the process? 2. What if the property owner is not willing to pay? 3. Is there a mechanism for the HOA to purchase the property in the case a property owner does not want the property? 4. What happens if the abutting property owner_does not want to be part of the vacation? 5. How do we ensure the adjacent owner will grant access? 6. What is the next step in this process/what is the process to complete the vacation? Access: 1. The fire code requires an electronic system to open the gates, the police should have this same capacity, and the cost would be approximately $800 per unit. Agreement on the design criteria of the gate or technology needs to be addressed in order to address cost/access. Is the HOA going to pay for police to get this equipment? How would this go about happening, could there be an initial cost and a late comers agreement to help pay the costs? 2. Is there going to be pedestrian access into the neighborhood or will it be fully fenced? 3. In an emergency if the gates were malfunctioning and needed to be crashed through by a fire truck, who would pay for the damage to the truck? 4. Will police patrol this area? Street and Surface Water Maintenance: 1. Street Overlay - Do we know when this would be overlaid? This is the same as # 3. 2. If the HOA breaks down and the community wants the streets to revert to public ownership, who would be responsible to overlay if it was not maintained? 3. What is the cost to overlay this area and when will it need to be overlaid? 4. How do we ensure the ongoing maintenance of the streets/will the City have any jurisdiction over how the streets are maintained? 5. How do we make sure that the SWM facilities are maintained? 6. How would we make them fix any SWM problems as it could affect downstream? 7. How are the issues with surface water management going to be addressed? 8. Can general services be maintained at a level uniform with the City? Issues Raised in Public Comment: A comment was raised as per mandatory Criteria la that the money from selling the streets was stated as a public benefit. The explanation was the vacation could provide a public benefit in that the land will be purchased and maintained by property owners, so the City would no longer be responsible for costs to maintain the streets, sidewalks or storm drainage facilities. A question was also raised as per mandatory criteria I b in that the area was no longer need for public use. The issue raised was that these streets were used for overflow parking for the aquatic Center. This issue was not brought up in staff discussion. The emergency access gate for enterprise elementary school was noted as not being an acceptable entrance for emergencies. Should we look into this issue with the district? Yes. Another issue brought up was that only children in Campus Estates go to school at Enterprise Elementary. The issue is public access to the school, as people outside of that neighborhood may use that route to go there for uses besides attending school i.e. recreation. Sequential list of questions by Council Deputy Mavor Ferrell 1. What is the value the City would be compensated for the roads? 2. Establish policy/criteria for gated communities? Councilmember Faison 1. If a property owner purchases their portion of the Right of Way, but doesn't turn their portion over to the HOA can the HOA still put up the gate, when not all property owners agree to turn over the property? Can an individual who now ow:ns their property prevent the establishment of a gate? Pat Richardson answered the vacation is to the individual property owners and they are not required to allow access if it were vacated to the HOA. If it were vacated to the HOA it would be common property. More research is needed on this issue. Mayor Park What if the property owner is not willing to pay? Ms. Richardson answered the Council has discretion on cost, but it doesn't matter whopays. TheHOAcould do this and it would satisfy the City per the payment. Deputy Mayor Ferrell Commented they should have the right to vacate as a group. Mayor Park responded that by statute the property goes to the individual property owner. Councilmember Faison Is it possible for one person to stop the process? Deputy Mayor Ferrell Is there a mechanism forthe HOA to purchase the property in the case a property owner does not want the property? City Attorney Richardson answered that more research is needed as this has never happened in this state, maybe researching other states would be necessary. .Councilmember Dovey 1. The fire code requires an electronic system to open the gates, he believes the police should have this same capacity, and the cost would be approximately $800 per unit. Is the HOA going to pay for police to get this equipment? How would this go about happening, could there be an initial cost and a late comers agreement to help pay the costs? 2. Cost ofthe appraisal- What is the real price for the right of way? Is there a mechanism to figure this out and who would pay for the appraisal? 3. Who is going to pay for the stafftime to research the answers to all ofthe questions? Is the City responsible to do the research? 4. Is there going to be pedestrian access into the neighborhood or will it be fully fenced? 5. What happens if the abutting property does not want to be part of the vacation? 6. Street Overlay - Do we know when this would be overlaid? If the HOA breaks down and the community wants the streets to revert to public ownership, who would be responsible to overlay if it was not maintained? 7. How do we make sure that the SWM facilities are maintained? How would we make them fix any problems as it could affect downstream? Councilmember Burbidge 1. How do we ensure the adjacent owner will grant access? 2. In an emergency if the gates were malfunctioning and needed to be crashed through by a fire truck, who would pay for the damage to the truck? 3. What is the cost to overlay this area and when will it need to be overlaid? 4. Will police patrol this area? 5. In regards to the appraisal, how do we establish the costs for the street? 6. How does City get new information to all property owners? Council Member Kochmar I. How do we establish the costs of the streets? 2. Are the residents going to pay the HOA then the HOA pay The City? 3. How are the issues with surface water management going to be addressed? 4. The issue of whether a fence is going to be installed along with the gate needs to be clarified. 5. Street maintenance needs to be clarified and staff should address the policy for this. Councilmember Dovey 1. How fast can we get answers? City Manger Beets established a date to have this before the Council on December 5, 2006. 2. What is the next step in this process? 3. What is the negotiating process for the costs between the city and the HOA? City Manager Beets stated at the time we answer these questions (December 5th) staffwill also present Council with process for negotiations. Councilmember McColgan 1. What are the costs to the general community and how are they going to be dealt with? 2. How do we ensure the ongoing maintenance ofthe streets? Will the City have any jurisdiction over how the streets are maintained? 3. Can general services be maintained at a level uniform with the City? 4. Are there parks or open spaces to be maintained in 'the area? Deputy Mayor Ferrell I. What progress has there been on the appraisal? 2. What information has been given as far as the gates? Public Works Director Roe addressed both these issues at the meeting. 3. Have there been any problems in regards to access due to non-functional gates? Interim Chief Wilson stated this has happened on occasion, but no actual statistics were available. Mayor Park 1. Asked that as LUD facilities are being covered through easements why are the surface water facilities being turned over? Public Works Director Roe explained the surface water system is an integral part ofthe road as it supports the drainage from the roadway. Any offsite water that enters, if any, would also need to be maintained. 2. What are the crime statistics for this area? Deputy Chief Wilson stated crime statistics for this area.