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Council MIN 11-18-2008 Regular ~~ Federal Way MEETING MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall November 18,2008 -7:00 pm www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:10 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge and Dini Duclos. The Council excused Councilmember Linda Kochmar's absence. Staff present: City Manager Neal Beets, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Police Chief Brian Wilson led the Pledge of allegiance. 3. PRESENTATIONS Proclamation: Historv Awareness Deputy Mayor Faison read the Proclamation into the record, and presented it to members of the Federal Way Historical Society. The Society presented the Council with copies of the new book titled Images of America - Federal Way. Proclamation: Buy and Celebrate Local Councilmember Burbidge read the Proclamation into the record and presented it. She encouraged citizens to buy locally this holiday season. Police Chief's Citizen Commendation Police Chief Wilson presented a medal to Tacoma resident Graham L. Malek. On September 3, 2008, Mr. Malek pursued and detained a robbery suspect until the police were able to arrive. Certificate of Appointment: Diversity Commission Councilmember Duclos presented Susan Honda with a Certificate of Appointment. 11-18-2008 City Council Regular Meeting Minutes Page 10'6 City ManaQer: EmerQinQ Issues City Manager Beats announced there were no emerging issues to discuss tonight. 4. CITIZEN COMMENT Patricia Boston stated on October 7, her family home caught on fire. She had hoped that while repairs occurring, she, her disabled husband, and his service dog could live in a trailer on their property. However, this is against city policy. She asked the Council to make exceptions for residents who experience disasters similar to what her family experienced. Nancv Jaenicke from the Reach Out Organization thanked Council for supporting services for the homeless in the community. She is continuing in her efforts to establish men's homeless shelter. Unfortunately, King County is allocating funding to existing organizations rather than startup organizations. She reviewed the services the organization has provided to date. A.J. VauQhn, Pastor of Life Way Church spoke in support of the Reach Out Organization and the services they have provided to homeless men. H David Kaplan complimented the Planning Staff for their great work. He has provided staff with comments and recommendations on numerous items. He thanked them for considering his comments and for taking the time to meet with him. Donald Barovic reported on flooding issues in parts of the City during heavy rains. He also reported that a coyote killed one of his animals. He feels citizens should be able to shoot coyotes when they attack animals. Harold Hearse thanked Council for creating the French Lake dog-park. It is such a great addition to the city, and people are always using the park. He would love to see it grow or the addition of another dog-park. Kevin Morris also expressed thanks for the French Lake dog-park. People come from neighboring cities to the park and heard the city might be considering a dog area at Adelaide Park. If this is true, he would like to like to help however possible to see it move forward. Joanne HUQal reported on Park Pals, a volunteer group that is fundraising to collect money for development of a pond at French Lake dog-park. City Clerk Carol McNeilly read into the record a letter from Pat Altman and Sandy Pettit stating their support for construction of a performing arts center. Susan Honda thanked the Council for her recent appointment to the Diversity Commission. She serves on the Art Commission, and reported they recommended against awarding Knutzen Theatre management contract to Centerstage. Gene Beaslev who lives in unincorporated King County; stated the City's regulations on firearms are in violation of the State preemption. He has corresponded with the legal staff on this issue. 11-18-2008 City Council Regular Meeting Minutes Page 2 0'6 Garv Anderson spoke regarding the City Center Access Plan. His home will be demolished when the plan in implemented, however, until the City purchases his home he is sitting in limbo. He asked the city to re-design the plan, or start purchasing homes that will be demolished enabling residents to make plans for moving. John Ribarv also spoke regarding City Center Access project. He suggested the city relocate the power lines on South 324th as part of the project. Linda Combs stated her home would also be demolished as part of the City Center access project. She does not feel the city should move forward with the expansion of 312th. She is concerned with how existing roads are handled during freezing weather and suggested the city invest money into maintaining current streets rather than creating new ones. Alan Brvce spoke on behalf of Centerstage organizations. The management proposal the organization submitted for the Knutzen Family saves both the city and Centerstage money plus provided 20 weeks of performances at the thearte. He encouraged the Council to award the proposal to the Centerstage organization. Ed Barnev,President of the Federal Way School Board, stated the multi-family tax exemption that the Council will be discussing at a future meeting is harmful to the students by limiting bonds. The Board would like the City to repeal the property tax exemption. 5. CONSENT AGENDA a. Minutes: November 4, Special Meeting, November 4 Regular Meeting, November 5 Special Meeting -APPROVED b. Federal Way Public Schools 2009 Capital Facilities Plan & Impact Fee (LUTC 11-3- 08) -APPROVED c. Pacific Hwy. South HOV Lanes Phase IV (Dash Point Rd. to S 312th) Project- 85% Design Status Report (LUTC 11-3-08) -APPROVED d. Interlocal Agreement with Lakehaven Utility District for Design & Construction of S 356th at SR 99 Intersection Improvement Project (LUTC 11-3-08) -APPROVED e. Ordinance: Commute Trip Reduction (First reading 11-4-08) ORDINANCE #08-586 f. Grant Funding for Police Department Registered Sex Offender Program (PRHSP 11-6-08) -APPROVED g. Federal Way Community Center Cafe Vendor (PRHSP 11-6-08) -APPROVED MOTION: DEPUTY MAYOR FAISON MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER PARK SECOND. VOTE: MOTION PASSED 6-0. 11-18-2008 City Council Regular Meeting Minutes Page 3 0'6 6. PUBLIC HEARING a. 2009-2010 Proposed Biennial Budget Mayor Dovey read the rules of the public hearing and opened the Public Hearing at 8:25 p.m. Finance Director, Tho Kraus, provided a brief presentation on the proposed 2009-2010 Budget. Mayor Dovey called for public comments. Hearing none, he asked for Council questions. Hearing none, he declared the hearing closed at 8:30 p.m. MOTION: MAYOR DOVEY MOVED TO CLOSE THE PUBLIC HEARING ON THE 2009- 2010 PROPOSED BUDGET; DEPUTY MAYOR FAISON SECOND. VOTE: MOTION CARRIED 6-0. 7. COUNCIL BUSINESS a. Lieutenants' Association Collective Bargaining Agreement City Attorney, Pat Richardson, provided a summary of the recent revisions to the agreement. She stated the bargaining team's recommendation is to approve the agreement. MOTION: DEPUTY MAYOR FAISON MOVED APPROVAL OF THE LIEUTENANTS' ASSOCIATION COLLECTIVE BARGAINING AGREEMENT; COUNCILMEMBER FERRELL SECOND. VOTE: MOTION CARRIED 6-0 b. Centerstage Management Proposal for the Knutzen Family Theater Mary Faber, Recreations and Culural Services Supervisor provided a brief presentation on this item. Centerstage has managed the theatre for the past four years. The Arts Commission reviewed their current proposal, and their recommendation was to conduct a Request for Proposal (RFP), rather than approve the Centerstage proposal. Finance Director Tho Kraus reviewed the 2008 financial history for the Knutzen Family Theatre. Council discussed the option of conducting an RFP. MOTION: COUNCILMEMBER BURBIDGE MOVED TO ISSUE A REQUEST FOR PROPOSAL TO MANAGE THE KNUTZEN FAMILY; DEPUTY MAYOR FAISON SECOND. Friendly Amendment: Councilmember Duclos requested the item come back to Council at the February 17, 2009 meeting for action. The friendly amendment was accepted by maker and second. VOTE: MOTION CARRIED 6-0. 11-18-2008 City Council Regular Meeting Minutes Page 4 0'6 --------- c. Extend Bond financing for AMC Theater Site Purchase Assistant City Manager, Bryant Enge, stated this was a follow up from discussion at the November 4 Council meeting. The maturity date for the bond that was used to purchase the AMC Theater property is December 28, 2008. If the City extends the maturity date to December 2009, it will collect interest on the $4,100,000. principal. MOTION: COUNCILMEMBER PARK MOVED TO FORWARD THE ORDINANCE TO SECOND READING ON DECEMBER 2, 2008; Councilmember Burbidge second. VOTE: THE MOTION CARRIED 6-0. 8. INTRODUCTION AND FIRST READING OF ORDINANCES a. 2009 Property Tax Ordinance Finance Director, Tho Kraus, provided the Council with a brief presentation on the 2009 Property Tax Ordinance. MOTION: COUNCILMEMBER PARK MOVED TO FORWARD THE ORDINANCE TO SECOND READING ON DECEMBER 2, 2008; DEPUTY MAYOR FAISON SECOND. VOTE: MOTION CARRIED 6-0. 9. CITY COUNCIL REPORTS Councilmember Ferrell had no report. Councilmember Duclos provided a summary of the Metropolitan Solid Waste Forum meeting she attended. Councilmember Burbidge reported the South Area Transportation Board met and discussed road tolling. She would like the Council to discuss the Light Rail Plan at a future meeting. Councilmember Park reported that he will be speaking to the Advancing Leadership Group. The next meeting of the Finance/Economic Development/Regional Affairs Committee is November 25,2008 in the Hylebos Room. Mayor Dovey reported that he would also be speaking to the Advancing Leadership group. Deputy Mayor Faison had no report. 10. CITY MANAGER REPORT Mr. Beets stated the Council will be adjourning into Executive Session to discuss Collective Bargaining pursuant to RCW 42.30.140(4 )(b); which should last 11-18-2008 City Council Regular Meeting Minutes Page 5 0'6 approximately 25 minutes with no action anticipated. 11. EXECUTIVE SESSION The Council adjourned to executive session at 9:07 p.m. and reconvened at 9:16 p.m. The Council discussed the Cost of Living Adjustment (COLA) for staff. The Council consensus was to allow City Manager Beets flexibility in awarding a 4.5% COLA adjustment to staff. 12. ADJOURNMENT With no further business before the Council, Mayor Dovey adjourned the meeting at 9:20 p.m. ATTEST: Approved by Council: December 2, 2008 11-18-2008 City Council Regular Meeting Minutes Page 6 0'6