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Council MIN 10-16-2007 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 16, 2007 -7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the meeting to order at 7 :09 PM. Councilmembers Burbidge, Faison, Kochmar, McColgan, and Deputy Mayor Ferrell present. Councilmember Dovey was excused. 2. PLEDGE OF ALLEGIANCE - Led by Councilmember Kochmar. 3. PRESENTATIONS a. Swearing-in Ceremony for New Officers Police Chief Brian Wilson introduced the new officers. City Clerk Laura Hathaway performed the sweanng-m ceremony. b. City Manager Emerging Issues City Manager Beets stated an emerging issue for the November 6th meeting will be the Northshore Development in Tacoma. 4. PUBLIC COMMENT Suzanne Smith - Co-chair of the Diversity Commission - spoke in support of Consent Item 5n - 2007-2008 Diversity Commission Business Plan and asked Council to approve the plan. Deborah Little - Chair of the Diversity Commission - spoke in support of Consent Item 5n - 2007-2008 Diversity Commission Business Plan and asked Council to approve the plan. Norma Blanchard - stated the City does not need another big plaza development; also stated she feels the Community Center is not doing well financially. Eric Elgar - thanked the staff and City Council for their assistance in opposing Northshore Development project. He stated the project density is inconsistent with Federal Way's adjacent densities and asked that the City of Federal Way demand a full environmental impact statement as this project has significant impact on Federal Way residents. Amv Linder - Director ofthe Geriatric Dental Group. Ms. Linder stated this clinic is a non-profit dental clinic which provides dental services to patrons 55 and older, or people with disabilities, at reduced rates. She also noted they also have a mobile dental clinic. Ms. Linder left informational pamphlets with the City Clerk. Donald Barovic - spoke in support of City Manager Neal Beets who he feels has been very accessible, attentive and considerate and feels staff morale is for the better since Mr. Beets came on board. Nancy Combs - feels there is a need for more police. City Council Regular Meeting Minutes October 16, 2007 Page 2 of 7 Michael Davis - concerned about the Northshore Development project in Tacoma and its impacts to the City of Federal Way. He looks forward to the staff report on November 6, 2007. Margaret Nelson - invited the public to a meeting at the King County Regional Library on October 29,2007 to discuss library expansion. Parts of the expansion are welcome while others are not as they have significant impact to residents. Sandra McDonald - thanked the City Council for adding the Northshore Development Proposal to the November 6, 2007 City Council Meeting Agenda. She is a Tacoma resident who opposes this project and stated Federal Way should not take the brunt of the infrastructure impacts from another entity's project. Lorina Delfierro - stated she wishes to open a second Adult Family Home but the City is not allowing her to do so because the City Code does not allow it. James Dannon - Washington State Adult Family Homes - stated their agency was contacted by the previous speaker for assistance with her issue with the City of Federal Way. He stated city code violates state law and federal law and asked the City to revisit the issue to allow Ms. Delfierro to open her second adult family home. Bill Dav - Adult Family Home Association of Washington - spoke in support of Ms. Delfierro and stated the City's provisions are more stringent than state law. He left copies of his legal opinion with the City Clerk and asked that the Council amend FWCC section 22-1068 to allow more than one adult family home. Deputy Mayor Ferrell asked the City Manager to review the issue on adult family homes and bring back an update to the City Council on November 6, 2007. 5. CONSENT AGENDA a. Minutes: Approval of the October 2, 2007 Regular Meeting - Approved b. Monthly Financial Report - August 2007 - Approved c. Vouchers - Approved d. Enactment Ordinance: Adopting the 2006 International Building Code - Approved - Ordinance 07-563 e. Enactment Ordinance: Adding a New Section - Chapter 1, Article III to the Federal Way City Code Authorizing Enforcement of Code Provisions through Civil Infractions - Approved - Ordinance 07-564 f. Approval of Cingular Wireless Site Lease Renewal at Saghalie Park - Approved g. Approval of Cingular Wireless Site Lease Renewal at Sacajawea - Approved h. Approval of Maintenance and Labor Agreement for Emergency Equipment Installation and Repair Systems for Public Safety - Approved 1. Authorization to Advertise for Bids for Remote Lighting Control System for Sports Fields - Approved J. Resolution: Approval of Abby's Lane Preliminary Plat - Approved - Resolution 07-504 k. Resolution: 2008-2009 Solid Waste and Recycling Grant Approval - Approved - Resolution 07-505 1. Regional Solid Waste/Recycling Planning Update - Approved m. Using Excess REET Revenue to Retire the 1997 General Obligation Bonds on December 31, City Council Regular Meeting Minutes October 16, 2007 Page 3 of 7 2007 - Approved n. 2007-2008 Diversity Commission Business Plan -Approved MOTION: Deputy Mayor Ferrell moved approval of Consent Items a-no Councilmember McColgan second. The motion carried 6-0. 6. PUBLIC HEARING a. Sound Transit (A Regional Transit Authority) and RTID (A Regional Transportation Investment District) - Proposition I - Regional Roads and Transit System . Presentations . Public Comment - 3 Minute Limit . Action (if any) Mayor Park opened the Public Hearing at 7:53 PM and read hearing process into the record. Mayor Park asked for a staff report. City Manager Beets introduced Jim Waldo of the Regional Transportation District and Andrew Schmidt of Sound Transit who presented the proposals that, if approved by voters on November 6, 2007, would improve infrastructure by fixing major choke points, including the triangle project in the City of Federal Way. Ifpassed on November 6,2007, this measure will also approve a 19-mile light rail extension from SeaTac Airport to the City of Tacoma, with three stations proposed for the City of Federal Way. They explained that this is a 20-year investment plan and cost estimates are projected to be $10.8 billion for the transit side and $17 billion for the roads side. Mr. Waldo stated the cost breakdown is approximately .06 for every $10.00 purchase; .80 for every $10,000 in assessed value of a vehicle and the median household impact would be approximately $150.00 per year. Public Comment: Bob Hitchcock - Federal Way Chamber of Commerce - stated the Chamber has endorsed this ballot measure and asked the City Council to do the same. Mr. Hitchcock stated that although the costs are high, they are only going to go up and we, as a region, need to act now to ensure the economic vitality of the region. Scott Hogue - spoke in opposition of the ballot measure; is worried the costs will escalate past what the voters' are being told. The figures he's read are more along the lines of $270 billion; per house-hold approximately $1,800 and car tabs will triple. He is also concerned that light rail being expansion down Highway 99 will affect his business. Emery Bundv - spoke in opposition Proposition 1; feels figures have been backdated and the projects will not be done on time or within budget. The cost is great and the benefit is small. Council Discussion: Councilmember Kochmar stressed that no matter how the City Council votes on this issue, each voter needs to weigh costlbenefit for themselves. She also feels that ST/RTID projection costs are too low and the citizens need to understand that this is a costly endeavor. However this is a regional issue that will benefit the entire region and with Federal Way projects being included in the proposal and she feels it is needed. City Council Regular Meeting Minutes October 16, 2007 Page 4 of 7 Both Councilmembers Kochmar and Burbidge stressed that should this package pass, discussions will need to be held to talk about the light rail alignment, its proposed route, as well as if it is an elevated structure or at- grade and how this will affect area businesses. Councilmember Burbidge asked about the capacity on the proposed light rail - Mr. Schmid stated it is projected to carry 12,000 people per hour. Deputy Mayor Ferrell asked about the estimated time for a trip from Federal Way to downtown Seattle. Mr. Schmid responded the trip is estimated to take 50 minutes due to stops. He also explained the difference between commuter rail and light rail. Commuter Rail is just that - rail that operates to move commuters at peak hours in the mornings and afternoon. Light rail will run continuously. Councilmember Kochmar asked Mr. Waldo questions regarding the roads portion of the proposal, in particular the Triangle Project. Mr. Waldo stated the roads package includes $89 million for the Triangle Project (year of actual expenditure is $120 million which includes inflation and reserves); any project that exceeds a 20% cost overrun must go back to the voters for approval. The construction period is 20 years then the bonds will be paid off and the project will be done. Councilmember Kochmar asked if the ballot measure does not pass what is the impact. Mr. Waldo stated that as far as roads go, RTID will cease to exist and therefore there is no plan to speak of. Mayor Park asked if the proposed costs of the measure are projected in 2006 dollars. Mr. Waldo stated the $17 billion road costs are projected in 2006 dollars, but factor in construction inflation costs for the next 20 years. Mayor Park stated he also feels the costs projected are too low. Mr. Hogue (citizen comment) was asked to come forward again to explain his cost projections which he stated earlier under public comment. He explained that his $1,800 figure goes to 2057 (each year it rises and in twenty years each household would be paying $l ,800). The figures are from reports he's read. Mr. Waldo stated ST/RTID projection figures are accurate and reasonable and each year of delay is another $200-300 billion to get the same value at today's costs. Deputy Mayor Ferrell thanked the representatives from ST and RTID as well as the public for their comments. He stated that the number one issue facing this region is transportation; it is an expensive but necessary investment. Government needs to invest in infrastructure. Councilmember Burbidge is impressed that the Chamber has endorsed this measure and stated that voters and government entities need to look to the future of this region. Councilmember Faison stated that he supports this proposition and questioned if we don't do something now when we will do it. This proposition is beneficial to both the City of Federal Way as well as the region as a whole. MOTION: Councilmember Burbidge moved approval of a Resolution, (No. 07-506), endorsing the Proposition 1 - Regional Roads and Transit System on the November 6, 2007 Ballot. Deputy Mayor Ferrell second. Councilmember Kochmar hoped that the information provided was presented clearly and will help voter's make an informed decision on the issue. The motion carried 6-0. City Council Regular Meeting Minutes October 16, 2007 Page 5 of 7 Mayor Park closed the hearing at 8:57 PM. 7. INTRODUCTION ORDINANCES a. Ordinance Prohibiting Minors' from Possessing Certain Graffiti Tools and Refining the Definition of Graffiti Tools AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-215 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO PROHIBIT PROSSESSION OF AEROSOL SPRAY PAINT BY MINORS AND AMENDING CHAPTER 10, ARTICLE III, SECTION 10-52 OF THE FEDERAL WAY CITY CODE TO REFINE THE DEFINITION OF GRAFFITI TOOLS (AMENDING ORDINANCE NO.S 94-208 AND 07- 551). The ordinance title was read into the record by City Clerk Hathaway. MOTION: Councilmember Kochmar moved to second reading/enactment on November 6, 2007. Councilmember McColgan second. The motion carried 6-0. b. Ordinance Amending the Unfit Structures Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO IMPLEMENT THE PROCESS AND TO ACQUIRE THE POWERS AUTHORIZED BY CHAPTER 35.80 RCW TO ADDRESS CONDITIONS WHICH RENDER DWELLINGS, BUILDINGS, STRUCTURES, AND OTHER PREMISES UNFIT FOR HUMAN HABITATION AND OTHER USES. The ordinance title was read into the record by City Clerk Hathaway. MOTION: Councilmember Kochmar moved to second reading/enactment on November 6,2007. Councilmember Faison second. The motion carried 6-0. c. Ordinance Amending Civil Service Provision of Chapter 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THEAPPLICABLITY AND STRUCTURE OF THE CIVIL SERVICE PROVISIONS OF CHAPTER 2, ARTICLE III, SECTION 2.47 OF THE FEDERAL WAY CITY CODE (AMENDING ORDINANCE NOS. 95-244, 96-258 AND 98-308). The ordinance title was read into the record by City Clerk Hathaway. MOTION: Councilmember Burbidge moved to second reading/enactment on November 6, 2007. Councilmember Faison second. The motion carried 6-0. City Council Regular Meeting Minutes October 16, 2007 Page 6 of 7 d. Ordinance - CIearwire Franchise Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CLEARWIRE US LLC, A NEVADA LIMITED LIABILITY COMPANY, 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 COMMUNICA nONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND THROUGH THE CITYOF FEDERAL WAY. The ordinance title was read into the record by City Clerk Hathaway. MOTION: Councilmember Faison moved to second reading/enactment on November 6, 2007. Councilmember Kochmar second. The motion carried 6-0. 8. COUNCIL BUSINESS a. Commission Appointments - Lodging Tax Advisory Committee MOTION: Mayor Park moved to appoint Mike Dunwiddie, Carrie Wells and Mike Yim to the Lodging Tax Advisory Committee. Councilmember Kochmar second. The motion carried 6-0. b. Commission Appointments - Diversity Commission MOTION: Councilmember Burbidge moved to appoint Lawrence Yapp and Jaye Zern as regular members and Susan Honda as an Alternate to the Diversity Commission. Councilmember Kochmar second. The motion carried 6-0. c. Proposed Settlement of Ginger Peterson v. City of Federal Way MOTION: Councilmember Kochmar moved approval of the proposed settlement agreement. Councilmember Faison second. The motion carried 6-0. d. Resolution - Setting the Date for a Special Election Regarding the Change of Government- City Attorney Pat Richard made a brief presentation regarding the background of this resolution. A citizen petition calling for the change of government was certified by the County on September 28, 2007 and the City has 180 days to set the date for the special election. Council may choose either February 19, 2008 or March 11, 2008. Staff recommends February 19, 2008. Ms. Richardson also outlined the differences of the forms of government and reviewed the steps the City Council must take prior to whichever election date they select; steps include establishing the date, drafting the ballot title, authorizing participation in the voter's pamphlet and appointing the pro/con committees to write statements in the voter's pamphlet. MOTION: Councilmember McColgan moved to approve February 19, 2008 as the date for the Special Election. Deputy Mayor Ferrell second. The motion carried 6-0; Resolution No. 07-507. City Council Regular Meeting Minutes October 16, 2007 Page 7 of 7 e. Resolution - Setting the Date to Appoint the Pro/Con Committees for the Voters Pamphlet MOTION: Councilmember McColgan moved November 20, 2007 as the date to appoint the Pro/Con Committees for the February 19, 2008 Special Election Voters Pamphlet. Deputy Mayor Ferrell second. The motion carried 6-0; Resolution No. 07-508. 9. COUNCIL REPORTS Councilmember Burbidge reported the next Parks/Recreation/Human ServicesIPublic Safety Committee meeting is scheduled for November 13,2007. She also thanked those who donated to the Mayor's Day of Concern for the Hungry at area grocery stores which collected 6,460 pounds of food and $814 dollars for area food banks and updated the City Council and public on upcoming community events. Councilmember Kochmar also thanked those who participated in the Mayor's Day of Concern for the Hungry. She reported on a meeting of the Steering Committee for the Northshore Development proposal in Tacoma that she attended and ensured affected citizens that she hears their plight; she asked staff to issue a press release regarding the upcoming Land Use Transportation Committee on December 3,2007 which will include a discussion on airport noise. Mayor Park thanked those applicants who applied to the Diversity Commission and Lodging Tax Advisory Committee and all people who volunteer their time to benefit the City; he also mentioned that on October 19, 2007 there will be a meeting in Council Chambers regarding manufactured housing. 10. CITY MANAGER REPORT City Manager Beets stated that on October 23 there will be a public meeting at the Knutzen Family Theatre regarding the Arts Feasibility Study and stated that the executive session scheduled to follow is expected to last approximately one hour with no action. 11. EXECUTIVE SESSION MOTION: Deputy Mayor Ferrell moved to suspend the rules to allow the meeting to go past 10:00 PM. Councilmember Kochmar second. The motion carried 6-0. a. Sale or Lease of Property pursuant to RCW 42.30. 110(1)(c) b. Evaluation of Public Employee pursuant to RCW 42.30.110(1)(g) c. Potential Litigation pursuant to RCW 42.30.110(1 )(i) Council convened to Executive Session at 9:31 PM. 12. ADJOURNMENT Mayor Park adjourned the meeting at 10:04 PM. ATTEST: