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Council MIN 11-20-2007 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall November 20, 2007 - 7 :00 PM MINUTES (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the meeting to order at 7:02 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan and Deputy Mayor Ferrell present. 2. PLEDGE OF ALLEGIANCE Councilmember Faison led the Flag Salute. 3. PRESENTATIONS There were no presentations. 4. PUBLIC COMMENT John Wilde - announced the Third Annual New Hope Mortgage Food Drive to take place on December 15, 2007 at Albertson's on Pacific Highway. Mr. Wilde also inquired about delayed response times on an animal control issue, case number C07 I 6824. Norma Blanchard - asked a clarifying question on using public facilities for election purposes. City Attorney Pat Richardson explained that while State Law prohibits the use of public facilities for election purposes, if the City Council wants to take collective action either in support or opposition to a ballot measure, they may do so as long it is advertised that they are planning to do so and provide opportunity for those on both sides of the measure to speak. Deputy Mayor Ferrell asked Chief Wilson to respond to Mr. Wilde's inquiry regarding the animal control issue. Chief Wilson stated he will look into it. Councilmember Burbidge said they would add the issue to an upcoming Parks, Recreation, Human Services and Public Safety (PRHSPS) Committee Meeting. 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 November 6, 2007 Regular Meeting - Approved b. September 2007 Monthly Financial Report - Approved c. Vouchers - Approved d. Puget Sound Partnership 2007-2009 Technical Assistance Project - Approved e. 2007 -2008 Youth Commission Work Plan - Approved f. Janitorial Services Contract - Approved g. Interlocal Agreement for Misdemeanant Jail Facility Study - Approved November 20, 2007 Council Meeting Minutes Page 2 of6 h. 2008 Legislative Agenda - Approved 1. Fall 2007 Tourism Enhancement Grant Applications - Approved J. Resolution: Directing a Draft Re-codification of the Federal Way City Code - Approved; Resolution No. 07-509 MOTION: Deputy Mayor Ferrell moved approval of Consent Items a-J. Councilmember McColgan second. The motion carried 7-0. 6. PUBLIC HEARING Mayor Park opened the Public Hearing at 7:12 PM and read into the record the process to be followed. a. 2007-2008 Mid-Biennium Budget Adjustments . Staff Presentation Assistant City Manager Iwen Wang reviewed past meeting dates and amendments on the 2007- 2008 Budget Adjustments, reviewed highlights of the City Manager's recommended adjustments; highlighted Council approvals and changes, and reviewed the proposed Property Tax Rate Ordinance. Ms. Wang stated that even though 1-747 has been overturned by the courts and the legislature will conduct a one-day special legislative session on November 29, 2007 to determine the cap and banked capacity, the City of Federal Way is proposing to leave the increase at 1 %. . Public Comment - 3 Minute Limit David Smart - spoke in support of the amendment proposed by Councilmember Dovey to fund a drug/alcohol treatment program. Kelly Nelson - spoke in support of the amendment proposed by Councilmember Dovey to fund a drug/alcohol treatment program. Council Questions: Councilmembers Dovey and Faison asked clarifying questions regarding the Federal Way National Little League (FWNLL) funding. Assistant City Manager Wang responded that $75,000 has been earmarked; however, only $18,750 will be released at this time to allow FWNLL to receive their grant funding. Councilmembers asked several clarifying questions regarding the Green City Proposal. City Manager Beets stated he could come back to the City Council in the first quarter of the year with a consultant selection and believes that by the second or third quarter they could have a plan to be incorporated in the 2009-2010 budget process. Deputy Mayor Ferrell thanked Councilmember Dovey for bringing forth the drug treatment program initiative. Councilmember Kochmar reminded the public about the Challenge Grant for $10,000 asked other businesses to match the City's funds dollar for dollar for human service programs. November 20, 2007 Council Meeting Minutes Page 3 of6 Councilmember McColgan cautioned the Council that this introduction drug treatment initiative is controversial and reminded the Council that there are a lot of issues they need to deal with. Mayor Park closed the Public Hearing at 7:36 PM. . Budget Introduction Ordinances 1. Budget Adjustment Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGET AND FINANCE REVISING THE 2007-2008 BIENNIAL BUDGET (Amending Ordinance No. 06-537 and 07-549.) City Clerk Hathaway read the Budget Adjustment Ordinance Title into the record. MOTION: Councilmember Faison moved the Budget Adjustment Ordinance to second reading/enactment on December 4, 2007. Councilmember Burbidge second. The motion carried 7-0. II. Property Tax Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2008. City Clerk Hathaway read the Budget Adjustment Ordinance Title into the record. MOTION: Councilmember Faison moved the Property Tax Ordinance to second reading/enactment on December 4,2007. Councilmember Kochmar second. The motion carried 7-0. III. Surface Water Management Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE RATE STRUCTURE FOR STORM AND SURFACE WATER UTILITY TO EXEMPT ALL PUBLIC ROADWAYS FROM SURFACE WATER MANAGEMENT FEES. (Amending Ordinance Nos. 90-32, 91-117, 96-277, 02-433, and 06-544). City Clerk Hathaway read the Budget Adjustment Ordinance Title into the record. MOTION: Councilmember Faison moved the Surface Water Management Ordinance to second reading/enactment on December 4,2007. Councilmember Kochmar second. The motion carried 7-0. 7. COUNCIL BUSINESS a. Resolution Adopting the Ballot Title for the February 19, 2008 Special Election and Directing the City Clerk to file said Resolution with King County Elections. MOTION: Deputy Mayor Ferrell moved adoption of the Ballot Title for the February 19, 2008 Special Election and directed the City Clerk to file the Resolution with King County Elections. Councilmember McColgan second. The motion carried 7-0. (Assigned Resolution #07-510). November 20, 2007 Council Meeting Minutes Page 4 of6 b. Resolution Appointing the Pro Committee for the Local Voter's Pamphlet for the February 19,2008 Special Election. MOTION: Councilmember Kochmar moved approval of the following names for the Pro Committee to appear in the Voter's Pamphlet for the February 19, 2008 Special Election: Roy Parke, David McKenzie and Frosty Hardison. Deputy Mayor Ferrell second. The motion carried 7-0 (Assigned - Resolution #07-511). c. Resolution Appointing the Con Committee for the Local Voter's Pamphlet for the February 19,2008 Special Election MOTION: Councilmember Burbidge moved approval of the following names for the Con Committee Statement to appear in the Voter's Pamphlet for the February 19, 2008 Special Election: Mary L. Ehlis, H. David Kaplan and Joann Piquette. Deputy Mayor Ferrell second. The motion carried 7-0 (Assigned -Resolution #07-512). d. Amendment to the Interlocal Agreement with the Coalition of Jurisdictions appealing the NPDES Phase II Permit MOTION: Councilmember Dovey moved approval of the amendment to the Interlocal Agreement with the Coalition of Jurisdictions appealing the NPDES Phase II permit and authorized the City Attorney to execute the agreement. Councilmember Kochmar second. The motion carried 7-0. 8. INTRODUCTION ORDINANCES a. Budget Adjustment Ordinance - INTRODUCED/ READ UNDER THE PUBLIC HEARING PORTION OF THE AGENDA b. Property Tax Ordinance - INTRODUCEDIREAD UNDER THE PUBLIC HEARING PORTION OF THE AGENDA c. Surface Water Management Ordinance - INTRODUCEDIREADUNDER THE PUBLIC HEARING PORTION OF THE AGENDA d. Ordinance Changing the Name of the Federal Way Public Safety Department to the Federal Way Police Department AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RENAMING THE DEPARTMENT OF PUBLIC SAFETY TO THE POLICE DEPARTMENT, AMENDING CHAPTER 2, ADMINISTRATION, CHAPTER 11, PARKS AND RECREATION, AND CHAPTER 15, TRAFFIC AND VEHICLES. (AMENDING ORDINANCE NOS. 91-82, 95-252, 98-318, 00-376,00-373,01,391,01-393,01-39601-404, 03-456 AND 04-464). City Clerk Hathaway read the ordinance title into the record. MOTION: Councilmember Burbidge moved the proposed Name Change Ordinance to second reading/enactment on December 4, 2007. Councilmember McColgan second. The motion carried 7-0. November 20,2007 Council Meeting Minutes Page 5 of6 e. Ordinance Correcting Various Non-substantive Errors in the Federal Way City Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CLARIFYING LANGUAGE, CORRECTING REFERENCES, AND CORRECTING OTHER INADVERTENT ERRORS; AMENDING CHAPTER 2 ARTICLE VIII, CHAPTER 3 ARTICLE 11, CHAPTER 4 ARTICLE 1, CHAPTER 9 ARTICLE IV, AND CHAPTER 22 ARTICLES 11, IV.B,VI,VII,VIII,XI,XIII, VXII,XVIII, AND XXI. (AMENDING ORDINANCE NOS. 90-30, 90-43, 91- 87, 91-90, 92-133,92-153, 93-170, 93-182, 93-193, 96-270, 97-291, 99-333, 99-337, 99-341, 99-348, 99- 357,00-375,00-376,01-399,02-424,05-486, 05-487,06-515,06-523, AND 06-527). City Clerk Hathaway read the ordinance title into the record. MOTION: Councilmember McColgan moved the Ordinance Correcting Various Non- substantive Errors in the Federal Way City Code to second reading/enactment on December 4, 2007. Councilmember Faison second. The motion carried 7-0. 9. COUNCIL REPORTS Councilmember Faison wished everyone a Happy Thanksgiving. Councilmember Dovey reported the next meeting of the Land Use/Transportation Committee is scheduled for December 3, 2007. The agenda includes a presentation by the Port of Seattle regarding airport noise. Councilmember Burbidge reported on the next Parks, RecreationlHuman ServiceslPublic Safety Committee Meeting on December 11, 2007. She reported on a meeting of the South County Area Transportation Board where they discussed the failure of Proposition 1, the roads and transit package, and how it will impact future projects. Lastly, she overviewed upcoming community events and congratulated Public Safety Officers on their recent promotions. Councilmember Kochmar acknowledged fellow Councilmembers who serve and have been reappointed to various boards and committees as part of the Suburban Cities Association. The Suburban Cities Association represents 1.3 million people in the suburban region of Seattle. Deputy Mayor Ferrell thanked John Wilde for his commitment to serving the community with his annual food drive on December 15,2007 and wished everyone a Happy Thanksgiving. Mayor Park thanked his fellow Councilmembers for their service to the Community not just locally but regionally as well. He also reported that he, along with Councilmember Dovey and City Manager Beets, the Local Government Liaison Committee Meeting earlier today. The Committee, made up of representatives from the City, School District, Lakehaven Utility District, and South King County Fire District has decided to meet bi-monthly vs. quarterly beginning in 2008 to discuss matters that affect each agency. 10. CITY MANAGER REPORT City Manager Beets announced that the scheduled Executive Session will last approximately one hour with no action expected. November 20, 2007 Council Meeting Minutes Page 60f6 11. EXECUTIVE SESSION Council adjourned to Executive Session at 7:55 PM. a. Sale of Real Property pursuant to RCW 42.30.110(1)(c) b. Purchase of Real Property pursuant to RCW 42.30.110(1)(b) c. Potential Litigation pursuant to RCW 42.30.110(1)(i) 12. ADJOURNMENT Mayor Park adjourned the meeting at 9:07 PM. ATTEST: ura K. Hathaway, . Clerk Approved by Council on: $/11J