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Council MIN 11-15-2011 RegularCITY Of ,'��.., Federal iNay 1. CJ�LL'MEETING TO ORDER MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hail November 15, 2011 7:00 p.m. www. cifyoffederal wa y. com `� � Mayor Priest called the meeting to order at 7:09 pm Elected officials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, CouncilmemberJeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. PLEDGE OF ALLEGIANCE Travis Mulkey led the Pledge of Allegiance. PRESENTATIONS a. Mayor's Emerging Issues • 2012 Solid Waste and Recvcling Rate Increase: Solid Waste/Recycling Coordinator Rob Van Orsow reported garbage fees are made up of 3 components services, disposal and taxes and surcharges. In 2012 all three components will increase. Service will increase by 3.2%, disposal will increase from $94 ton to $114 per ton. Surcharges will increase from $0.80 per month to $1.08 per month for residential customers and from $9.07 to $11.24 for commercial customers. The city will communicate these changes to residents and provide alternatives for waste reduction, both in partnership with Waste Management and through Solid Waste & Recycling division efforts. 4. CITIZEN COMMENT Diana Noble Gulliford thanked everyone who attended the Veterans Day event that was sponsored by the Federal Way Historical Society and the Kiwanis. She noted that Steel Lake Park will celebrate its 70 anniversary in 2012 and suggested that a community celebration should be considered. City Council Minutes — November 1 S, 2011 Regular Meeting Page 1 of 8 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: November 1, 2011 Special and Regular Meeting b. S. 344 St. at Weyerhaeuser Way Roundabout — 30% Design Status Report c. Village Green — Tract X d. First Amendment to the ORCA Pacific, Inc. Agreement e. Services Agreement for the Commons and Federal Way Police Services f. Cingular Wireless Site Lease Amendment — BPA TraiUAquatic Center MOTION: Deputy Mayor Duclos moved approval of items 5a through:5f. ``Councilmember Park second. ` VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. 6. PUBLIC HEARING a. 2011l2012 Biennial Budqet Adiustment & Propertv Tax Rate Mayor Priest reviewed the format for conducting the public hearing and noted that the State Legislature will be going into special session, and the Governor has asked for $90 million of state spending cuts to come from state revenues that support cities and counties. The City may be facing the loss of state shared revenues. The Mayor and four other mayors met with the Governor on Monday on behalf of the Association of Washington Cites to discuss city concerns about proposed stated budge cuts. The Govemor's next budge proposal is anticipated as early as November 21, 2011. Finance Director Tho Kraus stated the purpose of the mid-biennium adjustment is to incorporate items previously approved by Council, reflect changing operating trends and conditions and it is required by state law.. The 2011/12 GeneraUStreet Fund Revenue Adjustments include increase in property tax, parks and recreation fees and liquor profits & liquor excise and a decrease in dispatch and federal lobbying services. Ms. Kraus reviewed the housekeeping expenditure adjustments. Accounting and Policy Changes relating to SCORE include M&O and capital contributions, for the SCORE Jail contract cost. This would be done by shifting REET to Utility Tax Source; there will be no change to the total budget allocation. Contingency Reserves per budget policy equal 3% that will be rolled over to 2012. Ms. Kraus reviewed Special Revenue Funds Adjustments for the FW Community Center, Arterial Streets Fund, CDBG Fund and DEBT Service/REET Fund. Utility Tax Revenues are estimated to decrease in both 2011 and 2012. Mayor Priest called for public comment. City Council Minutes — November 1 S, 2011 Regular Meeting Page 2 of 8 Keith Tvler: commented on slide #35.which projected the decrease in red-light photo enforcement camera revenues. What are the protections that we have to make up the revenue when people stop running red lights? Roaer Flvqare submitted written comments for the Council relating to the revenue projections based on the passage of Initiative 1183 and if there had been any changes to the status on the City employee health care plan. Councilmember Kochmar asked how many vehicles the City has. Ms. Kraus stated there are approx 75 police vehicles. City Attorney Richardson stated the City has different types of insurance coverage: police front line vehicles, general property liability and property insurance. Councilmember Freeman inquired about gasoline costs and asked if the City was tooking at options to address these cost. Ms. Kraus stated the City is considering partnering with the Federal Way School District for fuel purchasing: Councilmember Park asked for an analysis on the cosUexpenses associated with hybrid vehicles. Councilmember Ferrell inquired about the replacement costs associated with the Federal Way Community Center. Ms. Kraus stated those costs are associated with normal maintenance of pool and exercise equipment and the addition of stationary bicycle equipment. Ms. Kraus noted the Community Center is earning more revenue than anticipated and has reduced expenditures below what was budgeted. MOTION: Councilmember Park moved to continue the public hearing to the November 29, 2011 City Council Special Meeting. Councilmember Freeman second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. 7. COUNCIL BUSINESS a. SW 336�' at 21 S t Ave. SW Intersection Improvements Mayor Priest stated that on March 2, 2010 staff presented traffic control options for intersections within the City to address the level of service. One of the identified intersections was SW 36 at 21S' Avenue S. At that time, the proposal set forth was a Median U-turn (Michigan Left). Senior Tra�c Engineer Rick Perez stated this proposal would result in the modification of five intersections to implement a Median U-turn Intersection Treatment (Michigan Left) on all four legs of the intersection of 21 Ave. SW and SW 336�' StreeUSW Campus Drive. The City hired a consultant for design of this project. The consultant reviewed the city's traffic analysis and conducted a traffic simulation model, which revealed a key conceptual design issue with the Median U-turn Intersection Treatment. Staff and the consultant City Council Minutes — November 1 S, 2011 Regular Meeting Page 3 of 8 reviewed alternatives for the intersection. Alternatives include traditional intersection widening, a Roundabout, Median U-Turn and a Hybrid alternative. Staff is recommending the traditional intersection widening option as the preferred alternative as the best balance of safety, traffic flow, cost effectiveness and other criteria. Since this is a grant-funded project, staff confirmed with the Transportation Improvement Board (TIB) to see if the change in scope would jeopardize funding for this project. TIB staff affirmed the City could move forward with the recommended option in terms of the grant. Councilmember Ferrell asked about grant funding for this project. Deputy Public Works Director Marwan Salloum stated that TIB funding is approximately 60% for this project. MOTION: Councilmember Kochmar moved to authorize staff to proceed with the design of the 21S Ave. at SW 336 Street intersection project with traditional intersection widening as the preferred alternative. Councilmember Ferrell second. - VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. b. 2012-2016 CDBG Consolidated Plan Mayor Priest stated on September 20, 2011 Administrative Services Director Bryant Enge came before the Council to explain the Community Development Block Grant process since the City is becoming a direct entitlement City. On October 4, 2011 Mr. Enge presented the needs and themes for human services and the funding recommendations to use some CDBG funds for economic revitalization. Tonight Mr. Enge will present the proposed 2012-2016 CDBG Consolidated Plan for Council approvaL Mr. Enge stated as a requirement of receiving the annual CDBG Grant, the City must to prepare a five-year Consolidated Plan and an Annual Action Plan. The plans represent strategies and goals for use of HUD Grants. The general purpose of the HUD Grants is to provide decent housing, establish and maintain a suitable living environment, and expand economic opportunities for all residents, particularly low and moderate-income individuals. Goals included in the plan are as follows; expand economic opportunities, provide decent affordable housing and establish suitable living environments. Mr. Enge reviewed the strategies of the plan. The City will amend the Consolidated Plan whenever a substantial change is anticipated. Substantial changes include any proposed change in the use of CDBG funds that exceeds 20%a of the total amount annually provided by HUD for each program, change in beneficiaries of the activities, change in the general location of activities, change in the purpose/scope of an activity or the addition/deletion of an activity. Next steps include incorporating citizen comments, completing certifications, submitting to HUD, perform and analysis if impediments to affordable housing. MOTION: Councilmember Burbidge moved approval of the City of Federal Way 2012-2016 Consolidated Plan. Councilmember Freeman second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes City Council Minutes — November I5, 2011 Regular Meeting Page 4 of 8 Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. c. 2012 CDBG Annual Action Plan Administrative Services Director Bryant Enge stated to receive its annual CDBG Grant, the City is required to prepare a five-year Consolidated Plan as well and an Annual Action Plan. The 2012 Action Plan identifies activities to be funded and implemented during 2012. The following activities will take place in 2012 to benefit low and moderate-income households in Federal Way: Community Economic Revitalization Program, Essential Public Services Program (Self-sufficiency and Safety Net), Federal Way Home Repair and Rehabilitation Program, Fair Housing Activities and CDBG Administration. For 16 years the city has partnered with Highline Community Collect on the Inclusion Program. Highline notified the City in August that they were will discontinuing their funding for the program in 2012. The City is proposing to pay for half of the program in 2011 ($26,000) and the entire program in 2012 ($52,000). Mr. Enge reviewed the anticipated outcomes with the Annual Action plan. MOTION: Councilmember Burbidge moved approval of the Federal Way 2012 Annual Action Plan. Councilmember Ferrell second. Deputy Mayor Duclos recused herself from this item. VOTE: Deputy Mayor Duclos: Recused Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 6-0, Deputy Mayor Duclos recused. d. 2012 Leqislative Aqenda Mayor Priest stated staff normally presents the City's proposed Legislative Agenda in January, however, with the State Legislature convening in Special Session in November staff wanted to present it for Council approval before the Special Session convened. Administrative Services Director Bryant Enge stated the City produces a legislative agenda on an annual basis. The purpose of the agenda is to affect state legislation and regulations as they relate to the interests of the City and its residents. Top priorities of the legislative agenda include the protection of state shared revenues, public safety, transportation, economic development efforts — downtown redevelopment and Sound Transit MOTION: Councilmember Park moved approval of the 2012 Legislative Agenda as proposed with the addition of moving the economic development (sewer capacity) element into the highest priority. Councilmember Ferrell second. Councilmember Kochmar recused herself from this item. City Council Minutes — November 1 S, 2011 Regular Meeting Page S of 8 VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Recused Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 6-0, Councilmember Kochmar recused. 8. ORDINANCES First Reading: � a. CB #589 Transportation Impact Fee Code An ordinance of the City ofFederal Way, Washington, relating to Transportation /mpact Fee (TIF) and addmg �� new sections fo chapter 19.91 FWRC. Senior Traffic Engineer Rick Perez stated to encourage development activity the Mayor is recommending a three-year temporary suspension of transportation impact fees eharged for changes in use that do not add new square footage. The temporary suspension will not apply to new development or re-development that increases the gross floor area of an existing building. The temporary suspension will automatically expire on December 31, 2014. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to the December 6, 2011 City Council meeting for second reading and enactment. Councilmember Freeman second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. b. CB #590 Proposed Amendments to SEPA Exemptions in Critical Area An ordinance of the City of Federal Way, Washington, relating to SEPA Exemptions in Critical Areas; amending FWRC 14.30.030 and 14.30.040. Contract Planner Jim Harris stated the proposed amendment would make all State Environmental Policy Act (SEPA) exemptions applicable to projects located in critical areas. The current SEPA rules state a number of standard SEPA exemptions are not applicable, if the project is located within or in close proximity to critical areas. The result of the current language is that a number of smaller projects, ones that would normally be exempt from SEPA review, must go through the review process. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to the City Council Minutes — November 1 S, 2011 Regular Meeting Page 6 of 8 December 6, 2011 City Council meeting for second reading and enactment. Councilmember Ferrell second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. �:�:� � �� Second Reading: �� ' ` c. C8 #588 Puqet Sound Enerqv Franchise �"•�� An ordinance of the City of Federal Way, Washington, granting Puget Sound Energy, Inc. a non-exclusive franchise to occupy rights-of-way in the City of Federal Way, Washington, within the specified franchise area for the purpose of transmission, distribution and sa/e of electrical energy for power, heat and light and any ofher purpose for which such energy can be used. At their November 1, 2011 meeting, the Council moved to forward the ordinance to second reading and enactment. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Park moved approval of the ordinance. Councilmember Kochmar second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember povey: Yes Councilmember Freeman: Yes Motion carried 7-0. Ordinance 11-707 9. COUNCIL REPORTS Deputy Mayor Duclos thanked the Kiwanis for their planning relating to a Veterans Memorial; she would like to see that occur in the downtown area. Councilmember Freeman thanked the Federal Way Historical Society and Kiwanis for their efforts on the Veterans Day Event. He stopped by Java Billiards to assess the issue with their banners and thanked the Mayor for working with the owners on the issue. He wanted to recognize the Federal Way High School Football Team for their 10-0 season Councilmember povey also thanked the Federal Way Historical Societyfortheirefforts on the Veterans Day event Councilmember Burbidge will be attending TIB and Project Task force meetings. The Federal Way Symphony will be offering a program of Handela's Messiah on November 20, 2011, where the Federal Way Chorale will be performing with the Symphony. She noted that City Council Minutes — November 1 S, 2011 Regular Meeting Page 7 of 8 Centerstage Theatre is now performing Pinocchio. Councilmember Park stated the next FEDRAC meeting is November 22, 2011. Councilmember Ferrell stated the Veterans Day Celebration event was a wonderful event. Councilmember Kochmar recognized Councilmember Elect Susan Honda and reported on the upcoming holiday tree lighting 'event, scheduled for the day after Thanksgiving at the Commons Mall at 5:00 pm. 10. IyIAYOR'S REPORT ,, Mayor Priest stated Judge Larson deserves thanks for his efforts with the�Veterans Day event. He noted that The Challenged Athletes Foundation, a national non-profit,- , organization, would be hosting their first ever, swimming skills event in the=Northwest at the Federa� Way Community Center on December 3, 2011. �� f: �:� �� ' 11. ADJOURNMENT With no additional business before the Council, Mayor Priest adjoumed the meeting at 9:50 pm. Attest: C ��V l.(� , Carol McNeilly, CMC, City Approved by Council: December 6, 2011 City Council Minutes — November 1 S, 2011 Regular Meeting Page 8 of 8