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Council MIN 11-21-2006 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall November 21,2006 -7:00 PM (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 Councilmember Dovey led the Flag Salute. MOTION: Councilmember Burbidge moved to amend the agenda to add to Council Business the Lakehaven Easement for the Federal Way Community Center as item 7b. Deputy Mayor Ferrell second. The motion carried 7-0. 3. PRESENTATIONS a. Proclamation - American Association of University Women Day Councilmember Burbidge read the Proclamation into the record. b. Certificates of Appointment - Planning Commission Councilmember Dovey presented Certificates of Appointment to the following: Hope Elder to a full term, and Kevin King and Caleb Allen appointed as Alternates. Also appointed to full terms were Dini Duclos and Wayne Carlson who were unavailable to attend the meeting. c. Certificates of Appointment - Diversity Commission Councilmember Burbidge presented Certificates of Appointment as Alternate Members of the Diversity Commission to Harvajane Brown and Lou Dodson. d. Officer Swearing-in Ceremony: Grant Bassett, Billy Jack Forrester & Jamison Lefebvre Interim Police Chief Brian Wilson introduced the officers and City Clerk Laura Hathaway presided over the swearing-in ceremony. e. Public Safety Awards: · Certificate of Merit - Officer Jonathan Jimenez · Medal of Meritorious Service Awards - Police Support Officers Jason Wilson, Tiffany Krusey & Greg Vause · Police Chiefs Citation to Firefighter Cahan · Police Chiefs Commendation - Jason Ellis · Life-saving Award - James Widick Interim Police Chief Brian Wilson introduced all of the above and provided a brief background on the service provided that led to the awards. f. City Manager - Introduction of New Employees There were no new employees introduced. g. City Manager - Emerging Issues There were no emerging issues to discuss. 4. CITIZEN COMMENT Keith Gorder - spoke in opposition to the proposed street vacation 'of Campus Highlands Division 1, 3 and 5. John Wilde - asked for community and Council participation in the upcoming food drive at Albertson's Grocery Store on December 2,2006 benefiting the Federal Way Food Bank. He passed out several flyers. Dan Papke - spoke in support of the Campus Highlands street vacation request and said that his lawyers are reviewing the City Attorney's findings. He asked Council to hold-off on the decision until they here back from his lawyers. Kate Pate - Weyerhaeuser Representative - spoke in support of the proposed access improvements to 1-5, reading a letter into the record supporting the 312th Avenue option. H. David Kaplan - spoke to Ms. Pate's comments/disagrees with 312th Avenue option. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought beforefull Council for approval; all items are enacted by one motion. Individual items may be removed by a Counci/member for separate discussion and subsequent motion. a. Minutes: Approval of the November 1,2006 Special Meeting; November 2, 2006 Special Meeting, November 7, 2006 Special Meeting and November 7,2006 Regular Meeting b. Homeland Security Buffer Zone Grant Addition and RFQ MOTION: Deputy Mayor Ferrell moved approval of the Consent Agenda as presented. Councilmember Dovey second. The motion carried 7-0. 6. PUBLIC HEARING a. 2007-2008 Biennial Budget · Staff Report Mayor Park opened the Public Hearing at 7:46 PM and read into the record the process to be followed. · Citizen Comment (3-minute limit) H. David Kaplan - commended the Council on the budget. Mayor Park entertained Council questions: Deputy Mayor Ferrell asked for an overview of Council requested items brought forth at the November 14, 2006 Study Session and also asked if the Proposition 1 funding has been incorporated into the budget. Management Services Director 1wen Wang summarized Council requests as well as the Proposition 1 measure and stated all had been incorporated into the budget before the Council this evening. Councilmember Dovey asked about the possibility of a place-holder for allocation of funds for the Downtown Access Study. He asked that the funds for this study be approved but that the issue returns to the Land UsefTransportation Committee (LUTe) prior to allocation to allow public input so the issues are fully understood. City Attorney Pat Richardson stated that Councilmember Dovey should entertain that request as a motion when that point on the agenda is reached. Councilmember Kochmar agreed with Councilmember Dovey's request. She also asked if the remaining $67,000 of one-time funds could be allocated to the Community Center. Mayor Park stated that he would like to see the $67,000 remain unallocated and if at the end of the year (2007) there is a need to allocate funds to the Community Center, Council do so during the year-end budget adjustments. Councilmember Burbidge stated that she does not want the public process already undertaken regarding the Downtown Access Study to be minimized and stated that there will still be environmental steps that will have to occur. Public Works Director Cary Roe addressed and reviewed the number of meetings, open-houses and reports that have taken place regarding the Downtown Access Study. Councilmember Faison asked when the Downtown Access Study issue, if the motion passes, would go back before the LUTC. Mr. Roe responded early 2007. Mayor Park closed the Public Hearing at 8:04 PM. 7. COUNCIL BUSINESS a. Consideration/Direction for Campus Highlands Division 1,3, & 5 Street Vacation Request MOTION: Councilmember Kochmar moved to table the discussion/decision for Campus Highlands Division 1, 3, & 5 Street Vacation Request until the December 19, 2006 Council meeting and directed staff not to do any more work on the issue until that time. CounciImember Dovey second. The motion carried 7-0. b. Added Item: Lakehaven Easementfor the Federal Way Community Center MOTION: Councilmember Burbidge moved approval to authorize the City Manager to sign an agreement with Lakehaven Utility District for a Water Facilities Easement for the Federal Way Community Center. Deputy Mayor Ferrell second. Councilmember Kochmar recused herself as she is an employee of the Lakehaven Utility District. The motion passed 6-0; Councilmember Kochmar recused. 8. INTRODUCTION ORDINANCES a. Council Bill #417 - Condemnation Ordinance for the 356th & SR99 Intersection Reali2nment Project AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT -OF-WAY IMPROVEMENTS IN THE VICINITY OF SOUTH 356TH STREET AT SR99 INTERSECTION TOGETHER WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH THE APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. City Clerk Laura Hathaway read the ordinance title into the record. MOTION: Councilmember Dovey moved approval to second reading/enactment on December 5, 2006. Councilmember Faison second. The motion carried 7-0 b. Council Bill #418 - 2007 Property Tax Rate AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2007. City Clerk Laura Hathaway read the ordinance title into the record. MOTION: Councilmember Kochmar moved approval to second reading/enactment on December 5, 2006. Councilmember Faison second. The motion carried 7-0 c. Council Bill #419 - Utility Tax Rate Adjustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, EXTENDING AND INCREASING THE UTILITY TAX RATE TO 7.75% FROM 6% FOR PROVIDING ENHANCED POLICE AND COMMUNITY SERVICES. (AMENDING ORDINANCE NOS. 95-257, 96-262, 69-276, AND 02-431). City Clerk Laura Hathaway read the ordinance title into the record. MOTION: Councilmember Kochmar moved approval to second reading/enactment on December 5, 2006. Councilmember Faison second. The motion carried 7-0. d. Council Bill #420 - 2007/2008 Bud2et Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2007-08 BIENNIAL BUDGET. City Clerk Laura Hathaway read the ordinance title into the record. MOTION: Councilmember Kochmar moved approval to second reading/enactment on December 5,2006. Deputy Mayor Ferrell second. AMENDMENT: Councilmember Dovey moved to amend the motion to include in the approved Ordinance the Downtown Access Study Funds be held in abeyance until the issue goes back before the LUTC for a report in early 2007. Councilmember Kochmar second. The motion carried 7-0. VOTE ON MAIN MOTION: The motion carried 7-0. 9. CITY COUNCIL REPORTS Councilmember McColgan thanked Mr. Wilde for his efforts in organizing the December 2,2006 food drive. Councilmember Faison reported on the Economic Development Committee meeting held earlier this evening stating they received a report oil the PublicIPrivate Partnership. The details of that report will be ~oming before the City Council on December 5,2006 but he asked that the report be listed on the City's website. Councilmember Faison stated they also discussed the process of the sale of the recently acquired AMC Theatre Site and he requested the motion passed at the Economic Development Committee Meeting in regards to that subject be posted on the website as well. Council member Faison stated the issue will also come before the Council on December 5, 2006. Councilmember Dovey reported on a recent Enterprise Seattle Meeting stating that the Puget Sound area is one of the top five areas in the country for development. He also thanked Mr. Wilde for his efforts on the food drive and stated he spoke with a homeless person recently who shared that one item they really need is socks. Councilmember Burbidge stated the next meeting of the Parks, Recreation & Public Safety Committee is scheduled for December 12, 2006 at 6:00 PM. She also reported on the Transportation Improvement Board meeting hosted by the City on November 16 & 17 stating they voted to approve $2.7 million for the 348th/HOV lanes project in Federal Way. Councilmember Burbidge also updated the Council/public on regional transportation issues as well as community events. Deputy Mayor Ferrell wished everyone a Happy Thanksgiving; thanked Mr. Wilde for his efforts on the food drive and thanked the City Council, City Manager and staff for their efforts in the collaborative approach to the budget. He also thanked the citizens for their support in approving Proposition 1. Councilmember Kochmar noted several reappointments by City Councilmembers to Suburban Cities Association Committees. She also mentioned the collection barrel for the needy at City Hall and stated the Salvation Army has asked elected officials to ring the bell outside the Federal Way Wal-Mart and stated Wal- Mart will match any donations collected by elected officials. Mayor Park reported on several Veterans' Day celebrations he attended in the community as well as the Auburn Veteran's Day Parade. On November 14, 2006 he attended a Valley Com Board Meeting. On November 16, 2006 he attended a community meeting at St. Luke's Church. Mayor Park also stated that the City of Kent's Mayor will be here on November 28 to ~our the Community Center. 10. CITY MANAGER REPORT City Manager Beets noted the Executive Session should take approximately 20-30 minutes without action. 11. EXECUTIVE SESSION Council adjourned to Executive Session at 8:43 PM to discuss the following: a. Property Acquisition Pursuant to RCW 42.30.110(1)b b. Potential Litigation Pursuant to RCW 42.30.11O(I)i 12. ADJOURNMENT Mayor Park adjourned the regular meeting at 9:06 PM. ATTEST: CJf~01A~ aura K. athaway, ty Clerk Approved by Council on: /~/5,itJ(p I /