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Council MIN 03-03-2009 Special/Regular A Federal Way MINUTES March 3, 2009 FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the special meeting to order at 5:33 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Linda Kochmar, Jim Ferrell, Mike Park, Jeanne Burbidge and Dini Duclos Staff present: City Manager Neal Beets, City Attorney Pat Richardson, and City Clerk Carol McNeilly. 2. PARK IMPACT FEE DISCUSSION Assistant City Manager Cary Roe, introduced Randy Young, of Henderson & Young. Mr. Young has been working with the City to review park mitigation options - specifically set aside land and impact fees. Mr. Young reviewed the city's current requirements for set aside land, and presented an analysis of where the city is in meeting that standard. The current standard for parks set aside land is 2.8 acres per 1,000 residents. The city's actual level of service is just below the standard at 2.6 acres per 1,000 residents. Mr. Young discussed the laws associated with impact fees, a one time payment associated with new development. Impact fees give the city flexibility to purchase land for parks, rather than acquiring land has limited development options. Mr. Young presented the following option for traditional subdivision housing that includes both land set aside and impact fees. Conservation unspecified IMPACT FEE None None Impact Fee (neighbor & comm.) (credit for donation) Impact Fee (open space) (credit for donation) LAND TYPE Buffer Constrained Useable not required SET ASIDE 2% 2% Donations allowed Recreation not required Impact fee City Council Minutes March 3,2009 Special Meeting Page 1 of2 Council and staff discussed the following questions: 1. Should level of service for park impact fees be measured in acres and number of recreations facilities, or by the dollar value asset? The council supports whichever program is easiest to administrator. 2. Should there be a single combined level of service for the total of all park land, or separate levels of service for each element (Le., each type of park and each recreation facility has its own level of service)? Council supports whichever program is easiest to administrator. However, they would like to retain flexibility for developers 3. Should the level of service for park impact fees be adopted standards or the current actual level of service? The council feels the current level of parks is satisfactory. 4. Should the impact fee for neighborhood and community parks replace the useable land set aside requirement for traditional subdivisions in the current code? The council directed staff to bring back additional information on this question for further discussion. 5. Should the impact fee for open space parks and trails replace the conservation land set aside requirement for traditional subdivisions in the current code? Council directed staff to bring back information on the pros and cons of this item. Mr. Roe stated staff will be discussing these questions with the Master Builders Association and stakeholders group. 3. EXECUTIVE SESSION Potential Litigation RCW 42.30.110(1 )(i) Property Acquisition Pursuant to RCW 42.30.110(1 )(b) The council recessed into Executive Session at 6:41 p.m. and reconvened at 6:50 p.m. 4. ADJOURN Mayor Dovey adjourned the special meeting at 6:50 p.m. ATTEST: Approved by Council: March 17, 2009 City Council Minutes March 3, 2009 Special Meeting Page 2 of2 A Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 3, 2009 -7:00 pm www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the regular meeting to order at 7:05 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Linda Kochmar, Jim Ferrell, Mike Park, Jeanne Burbidge and Dini Duclos. Staff present: City Manager Neal Beets, City Attorney Pat Richardson, and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Interim Parks Manager Steve Ikerd led the Pledge of Allegiance. 3. PRESENTATIONS a. City Manager Emerging Issues & Introduction of New Employees City Manager Neal Beets introduced Gina Shaw, the City's Recreation Coordinator of Community and Inclusive Recreation Programs. 4. CITIZEN COMMENT Carroll Fischer suggested the Council create a volunteer program and utilize volunteers for various projects around the city. John Sheller. Manager of Federal Way Regional Library provided a status report on the library expansion project. H. David Kaplan. Chair of Tourism and Enhancement Committee. He provided the deadlines for tourism grant applications. Betty Tavlor thanked Council and staff for being so responsive every time she shares her concerns. She feels the Council and staff really cares about their citizens. Daniel Miller Would like the city to focus on creating a better job environment that would attract small businesses with light industrial jobs. City Council Minutes - March 3, 2009 Regular Meeting Page 1 of6 5. CONSENT AGENDA** Items listed below have been previously reviewed in their entirety 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: City Council February 17, 2009 Special & Regular meetings APPROVED b. Monthly Financial Report: December 2008 APPROVED c. Vouchers APPROVED d. Ordinance: Churches and Design Guidelines (LUTC 2-2-09 First reading 2-17-09) APPROVED Ordinance No. 09-604 e. Ordinance: Adult Family Homes, Social Services Transitional Housing, Day Care and Home Occupation Code Amendments (LUTC 2-2-09 First reading 2-17-09) PULLED AND APPROVED SEPARA TEL Y f. Grant Funding for Transportation Projects (LUTC 2-23-09) APPROVED g. Bid Award: 2009 Asphalt Overlay Project (LUTe 2-23-09) APPROVED h. SCA TBD Agreement (LUTC 2-23-09) APPROVED L Matching Grant from the AWC Employee Benefit Trust for Targeted Health Risks (FEDRAC 2-24-09) APPROVED j. L TAC Budget Approval (FEDRAC 2-24-09) APPROVED k. Five-Year Report on the City Center Multi-Family Tax Exemption (FEDRAC 2-24-09) APPROVED I. Potential "Regional Center" Designation for EB-5 Visa Foreign Investment in City Center (FEDRAC 2-24-09) APPROVED m. Resolution: Supporting City Employee Wellness Program (FEDRAC 2-24-09) APPROVED Resolution No. 09-541 Councilmember Duclos requested to pull item E. Ordinance: Adult Family Homes, Social Services Transitional Housing, Day Care and Home Occupation Code Amendments and recused herself from voting on this item. MOTION: Deputy Mayor Faison moved to approve items A through D, and items F through M. Councilmember Kochmar second. VOTE: Motion carried 7-0 MOTION: Councilmember Kochmar moved approval of Item E. Ordinance: Adult Family Homes, Social Services Transitional Housing, Day Care and Home Occupation Code Amendments. Deputy Mayor Faison second. VOTE: Motion carried 6-0. Council member Duclos recused. Ordinance No. 09-605 6. COUNCIL BUSINESS a. Council Rules Amendments City Attorney Pat Richardson reviewed the proposed amendments to the Council Rules. The amendments are related to Insurance requirements on rental vehicles and Committee appointment procedures. Council discussed the proposed amendments. MOTION: Faison moved approval, Councilmember Burbidge second. VOTE: Motion carried 7-0. b. Federal Lobbvist Professional Services Aqreement (FEDRAC 2-24-09) Communications and Government Affairs Manager, Linda Farmer provided a summary of the proposed lobbying contract. Councilmember Kochmar stated that it is virtually impossible to receive City Council Minutes - March 3, 2009 Regular Meeting Page 2 of 6 Federal Funding without the assistance of a lobbyist. Councilmembers Ferrell, Duclos and Burbidge stated they would also like to see the city work directly with their local Congressional Representatives. Deputy Mayor Faison recused himselffrom voting on this item. MOTION: Councilmember Park move to approve the contract with Strategies 360. Council member Duclos second. VOTE: Motion carried 6-0. Deputy Mayor Faison recused. c. Council Annual Retreat Report Approval City Manager Neal Beets reported the Council conducted their annual retreat on January 31,2009. Mr. Beets reviewed the report that facilitator Michael Pendleton provided, including accomplishments from 2008, and goals established for 2009. MOTION: Deputy Mayor Faison moved to approve the Council retreat summary. Councilmember Burbidge Second. VOTE: Motion carried 7-0. d. City Center Access Project Update & Approval of the Recommended Alternative Senior Traffic Engineer Maryanne Zukowski, provided a synopsis of the project and reviewed the need to improve traffic flow into the city. The Council reviewed fifteen options for the project and selected three for staff to investigate further. Ms. Zukowski reviewed each of the three options along with the impacts each option would have on residents and the environment. The city began working on this project in 2003. Since then they have conducted six open house events and ten community briefings to share information and solicit public comments. Ms. Zukowski reviewed the comments and concerns the city has received from residents. Ms. Zukowski stated that staff is recommending that Council approve option 1 and summarized the project details including timelines, environmental assessment, and right of way acquisition. Public Comment on Citv Center Access Proiect The following comments were submitted for the City Clerk to read into the record. Carol Otto does not support the 312th option. Joe Staab supports the 312'h option. Debbie Willis supports the 312th option. Calvin Castle does not support the 324th option. Robert Hester support the 312th option. The following residents provided public comment at the meeting: Jenny Bemis spoke against the 312th option. She does not support development in Steel Lake. Lori Hadedorn spoke against the 312th option. She would like to be included on the advisory board for this project. City Council Minutes - March 3, 2009 Regular Meeting Page 3 of6 Gary Anderson stated his home will be purchased if the 312th option is approved. He asked Council to purchase homes when the development option is selected, rather than leave homeowners in limbo for years. Susan Pearson is here to advocate for preserving Steel Lake Park. She does not support the 31 ih option and encouraged Council to select an alternate access another option for access to the city center. Bill Linehan spoke against the 31 ih option. He does not support development through Steel Lake Park. Mary Amberson has lived next to Steel Lake Park for 50 years. She does not support the 312th option or development that would affect Steel Lake Park. Jove Honevcutt spoke against the 312th option. Richard Amberson is a 50-year resident of Federal Way who does not support the 312th option. Robert Yount He spoke against the 312th option. However if Council does select it, he recommends alternate access to Steel Lake Park is provided. Julie Vance has lived in Federal Way for 56 years. Ms. Vance spoke against the 312th option. Fred Searles is a Steel Lake resident who does not support the 312th option. Carroll Fischer Spoke against the 312th option. There will be noise and air quality issues. John Pearson Steel Lake resident since 1970. Spoke against the 312th option. He is concerned with traffic volume and speed, air quality issues. H. David Kaplan: Member of public stakeholders on this project. Numerous issues need to be discussed publically before the Council should take action on this project. Deanna Riddle: Spoke against the 31ih option. She encouraged the council to put community before traffic. Mayor Dovey thanked everyone for attending the meeting and providing their public comments. Councilmembers discussed the staff presentation and asked questions regarding a funding timeline, park mitigation, pedestrian access and more. Councilmembers stated their concerns with traffic issues and potential crime activity. MOTION: Deputy Mayor Faison moved to suspend the Council rules and extend meeting past 10:00 p.m. Councilmember Duclos second. VOTE: Motion carried 7-0. Councilmembers Ferrell, Kochmar and Duclos stated they are not ready to take action on this item. Deputy Mayor Faison feels the 312th option is best for all of the residents. Mayor Dovey asked the Council to submit their questions to staff so they can MOTion: Councilmember Duclos moved to postpone this item for two weeks. Deputy Mayor Faison second.- City Council Minutes - March 3, 2009 Regular Meeting Page 40f6 VOTE: Motion carried 7-0. 7. INTRODUCTION AND FIRST READING OF ORDINANCE AN ORDINANCE OF THE CITY COUNCIL FO THE CITY OF FEDERAL WAY, WASHINGTON, LIMITED PROPERTY TAX EXEMPTION; AMENDING ARTICLE VII (7), CHAPTER 14, MULTIFAMILY DWELLING UNIT LIMITED PROPERTY TAX EXEMPTION (ORDINANCE No. 03-380). City Clerk Carol McNeilly read the Ordinance title into the record. MOTION: Deputy Mayor Faison moved to forward the Ordinance to a second reading for enactment on the March 17,2009 consent agenda. Councilmember Burbidge second. VOTE: Motion carried 7-0. 8. CITY COUNCIL REPORTS Councilmember Duclos had no report. Councilmember Burbidge reported on upcoming meetings and community events, as well as the Waste Watch Program, where Waste Management Drivers get training to be aware of suspicious activity and report it to the police. Councilmember Park reported on the upcoming Chamber of Commerce meeting. Councilmember Ferrell reported on meetings he had recently attended and recent legislative testimony he provided. Council member Kochmar reported that the PSRC would be voting on W A Transportation Project stimulus projects. Councilmember Faison had no report this evening. Mayor Dovey reported that he attended the first meeting of SCORE representatives. 9. CITY MANAGER REPORT Mr. Beets reported that two national businesses have located in Federal Way. These businesses are looking to fill over 200 jobs. Mr. Beets reported the Council would be adjourning into Executive Session to discuss Potential Litigation per RCW 42.30.110(1 )(i) and Property Acquisition Pursuant to RCW 42.30.110(1 )(b) for approximately 10 minutes. 10. EXECUTIVE SESSION The Council recessed to Executive Session at 10:24 p.m. and reconvened in Open Session at 10:53 p.m. City Council Minutes - March 3, 2009 Regular Meeting Page 5 of6 11. ADJOURNMENT With no additional business before the Council, Mayor Dovey adjourned the regular meeting at 10:53 p.m. ATTEST: ~ Approved by Council: March 17,2009 City Council Minutes - March 3, 2009 Regular Meeting Page 60f6