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Council MIN 09-21-2004 Regular FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 21, 2004 - 7:00 p.m. REGULAR MEETING Minutes I. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at the hour of7:00 p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Jim Ferrell, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Boy Scout Troop #332 led the flag salute. Mayor McColgan excused Councilmember Jack Dovey and Councilmember Eric Faison's absence. III. PRESENTATIONS Mayor McColgan asked King County Representative Peter VonReichbauer to make a short presentation regarding the American Heart Association and it's annual Heart Walle Mr. VonReichbauer reported the Heart Walk will take place in Seattle on October 9th. He encouraged the Council, staff and citizens to participate in this walk, which is the second largest walk in the nation. a. Lodging Tax Advisory Committee Introduction/Certificate Councilmember Park was pleased to introduce Gerry Lamontagne and present him with a certificate of appointment to the Lodging Tax Advisory Committee. Mr. Lamontagne thanked the Council and noted he looks forward to working with the committee and the city on increasing tourism in the city. b. Proclamation/Constitution Week ORIGINAL Federal Way City Council Regular Meeting Minutes September 21, 2004 - Page 2 of 8 Mayor McColgan read and presented the proclamation to Peggy Eisaman, Member of the Daughters of the American Revolution. Ms. Eisaman thanked the Council for the yearly recognition and support of such an important document. c. Proclamation/Day of Concern for the Hungry Mayor McColgan read and presented the proclamation to Linda Purlee, Program Director for the South King County Multi Service Center. Ms. Purlee thanked the Council and encouraged everyone to donate to the Mayor's Day of Concern for the Hungry. Mayor McColgan followed up with information regarding specific stores accepting donations, and a list of suggested food donations. d. Certificate of Recognition/FW Boys and Girls Club Mayor McColgan read and presented the certificate of recognition to Dolan Holts of the Federal Way Boys and Girls Club in recognition of their participation in the Nickelodeon's National Day of Play. Mr. Holts reported the Federal Way Boys and Girls Club is participating in the National Day of Play on October 2, 2004. e. Police Chiefs Commendation This item was forwarded to a future Council meeting. f. Introduction of New Employees/City Manager City Manger reported there are no new employees to introduce tonight. g. Emerging Issues/City Manager Community Development Director Kathy McClung reported on an issue that was raised by citizen comment at a previous Committee meeting regarding the Butler and Armeni Code Violations. She briefed the Council on updated information regarding the situation with excess cars and junk vehicles. IV. CITIZEN COMMENT H. David Kaplan, (comments read into the record by Deputy City Clerk) requested the Council look into fines for violations of the motorized scooter ordinance and require insurance requirements for such vehicles. David Ringlee, spoke to thank the Council and staff for the Weyerhaeuser Way roundabout, which was recently completed. He noted he has heard many positive Federal Way City Council Regular Meeting Minutes September 21, 2004 - Page 3 (~f 8 comments regarding the roundabout and wanted to make sure the Council was aware of them. v. CONSENT AGENDA a. b. Minutes/September 7, 2004 Regular Meetings -Approved Vouchers -Approved Quarterly Financial Report -Approved Council Bill #344/Motorized Vehicle Use Code Revision - Enactment Ordinance -Approved Ordinance #04-464 Danville Station Division II Final Plat/Resolution -Approved Lakota Crest Preliminary Plat/Resolution -Approved Neighborhood Traffic Safety Proiect/SW 30Sth Street -Approved Authorization to Purchase Equipment/Technology utilizing the 2004 Local Law Enforcement Block Grant (LLEBG) Funds-Approved c. d. e. f. g. h. Mayor McColgan pulled Consent Item (d)/Council Bill #344/Motorized Vehicle Use Code Revision. DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF CONSENT AGENDA ITEMS (a), (b), (c), (e), (0, (g), AND (h), AS PRESENTED; COUNCILMEMBER BURBIDGE SECOND. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell Kochmar McColgan Park yes absent absent yes yes yes yes Consent Item (d)/Council Bill #344/Motorized Vehicle Use Code Revision: Council asked staff various questions regarding electric scooters, insurance requirements and monetary penalties. COUNCILMEMBER FERRELL MOVED APPROV AL OF COUNCIL BILL #344/MOTORIZED VEHICLE USE CODE REVISION AS PRESENTED; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell Kochmar McColgan Park yes absent absent yes yes yes yes Federal Way Ci(V Council Regular Meeting Minute.~ September 21, 2004 - Page 4 of 8 VI. PUBLIC HEARING a. Cancellation of2004 CDBG Award to Federal Way Community Caregiving Network (FWCCN) for Improvements to FUSION Transitional Housing Units and Reallocation of Funds per the 2004 Contingency Plan Mayor McColgan read into the record the procedures to be followed and opened the Public Hearing at 7:27 p.m. . Staff Report Community Development Block Grant Coordinator Kelli O'Donnell made a brief presentation to Council regarding the cancellation of the 2004 Community Development Block Grant, which was awarded to the Federal Way Community Caregiving Network FUSION Rehab project. She reported per the 2004 contingency plan, the grant would be reallocated to the King County Housing and Community Development Federal Way House, Repair Program, and the Children's Therapy Center for the Bridger to a Brighter Future Project. . Citizen Comment There was no citizen comment given. . City Council Discussion COUNCILMEMBER BURBIDGE MOVED TO APPROVE THE CANCELLATION OF THE 2004 CDBG AWARD TO THE FEDERAL WAY COMMUNITY CAREGIVING FUSION REHAB PROJECT IN THE AMOUNT OF $24,640 AND REALLOCATION OF FUNDS PER THE 2004 CONTINGENCY PLAN; COUNCILMEMBER FERRELL SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell yes absent absent yes Kochmar McColgan Park yes yes yes Hearing nothing further, Mayor McColgan closed the hearing at 7:30 p.m. b. Surplus of City Hall located at 33350 - 1 st Way South/Resolution Mayor McColgan read into the record the procedures to be followed and opened the public hearing at 7:31 p.m. Federal Way City Council Regular Meeting Minutes September 21, 2004 - Page 5 (~f 8 . Staff Report Finance Director Iwen Wang gave a brief staff report regarding listing the property located at 33350 - I st Way South as surplus property. She noted since the property has an estimated fair market value over $5,000 the property must be declared surplus, and a public hearing is required. . Citizen Comment There was no citizen comment given. . City Council Discussion COUNCILMEMBER P ARK MOVED TO DECLARE OLD CITY HALL, LOCATED AT 33350 1ST WAY SOUTH AS SURPLUS; COUNCILMEMBER FERRELL SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell yes absent absent yes Kochmar McColgan Park yes yes yes Hearing nothing further, Mayor McColgan closed the Public Hearing at 7:34 p.m. VII. CITY COUNCIL BUSINESS Early Retirement of 1993 Saghalie Park Development GO Bond Finance Director Iwen Wang reported the city has collected an additional $740,000 in real estate excise tax, which can only be used for a specific purpose. She noted the best option is to payoff the high interest debt, which will save $100,000 in interest by paying it off early. COUNCILMEMBER BURBIDGE MOVED TO DIRECT STAFF TO PAYOFF THE SAGHALIE PARK DEVELOPMENT GO BOND AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Dovey Faison Ferrell yes absent absent yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes September 21, 2004 - Page 6 of 8 VIII. INTRODUCTION ORDINANCE a. Council Bill #345/FWCC Amendment to Chapter 5, Relating to the Building Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 5 OF THE FEDERAL WAY CITY CODE AND ADOPTING THE 2003 INTERNATIONAL CODES AND THE 2003 UNIFORM PLUMBING CODE. (Amending Ordinance Nos. 90-33, 92-143, 95-234, 98-320, and 01- 402). COUNCILMEMBER PARK MOVED COUNCIL BILL #345/FWCC AMENDMENT TO CHAPTER 5, RELATING TO THE BUILDING CODE TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING; SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell yes absent absent yes Kochmar McColgan Park yes yes yes b. Council Bill #346/FWCC Amendment to Chapter 8, Relating to the Fire Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 8 OF THE FEDERAL WAY CITY CODE AND ADOPTING THE 2003 INTERNATIONAL FIRE CODE (Amending Ordinance Nos. 90-33, 90-54, 92-127, 92-143, 97-147,97-291, and 99-340). COUNCILMEMBER PARK MOVED COUNCIL BILL #346/FWCC AMENDMENT TO CHAPTER 8, RELATING TO THE FIRE CODE TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING; SECOND BY COUNCILMEMBER BURBIDGE. The motion passed unanimously as follows: Burbidge Dovey Faison Ferrell yes absent absent yes Kochmar McColgan Park yes yes yes IX. CITY COUNCIL REPORTS Councilmember Ferrell reported on the presentations that have been made at the recent FEDRAC meetings, regarding downtown retail. He noted the Council would soon be Federal Way City Council Regular Meeting Minutes September 21,2004 - Page 7 (~l8 making a decision and in the near future to select a firm. He encouraged citizens to get involved. Councilmember Burbidge announced the next meeting ofthe Parks/Recreation/Human Services/Public Safety Committee meeting would be October 11th at 5 :00 p.m. in the Hylebos Room. She reported on her attendance at the South County Area Transportation Board, where updates were given on the State Transportation Plan and the Metropolitan Transportation Plan. She further noted Sound Transit gave a report on their scoping Phase 11 on Transit Planning, where discussions were held regarding extending light rail potentially through Federal Way to connect the Seattle and Tacoma areas. Mayor McColgan reported he was very impressed with the Women's Reebok Triathlon held at Steel Lake and the surrounding areas. He was pleased with the level of organization, and heard positive comments from many of the participants. He encouraged youth in the community to get involved in the Youth Commission. The deadline has been extended through the end of the month. Mayor McColgan also noted budget season is coming up, and the Council has many difficult decisions ahead. He encouraged citizens to get involved and attend some of the many budget meetings that are scheduled. Deputy Mayor Kochmar thanked everyone involved with the Women's Reebok Triathlon. She noted it was a wonderful event where the oldest participant was 75 years old. She reported she would be attending the Airport Communities Coalition (ACC) meeting Wednesday night. She encouraged everyone to make a donation or participate in the Mayor's Day of Concern for the Hungry. She also asked City Manager Moseley to follow up with the Heart Walk to see if there is staff interested in putting a team together. Councilmember Park echoed comments on the Triathlon, he noted it was very well received and attended. He reported the youngest participant was between 8-10 years old, in the approximately 700 athletes whom competed. He reported the next meeting of the Lodging Tax Advisory Committee would be October 8th at 8:00 a.m., and the next meeting of the Land Use/Transportation Committee would be held October 4th at 5:30 p.m. in Chambers. x. CITY MANAGER REPORT City Manager David Moseley announced on behalf of Councilmember Faison, the next meeting of the Finance/Economic Development/Regional Affairs Committee would be held September 28th at 5:30 p.m. Mr. Moseley also reminded Council he will be presenting the budget document at the next Council meeting on October 5th. The department presentations have been scheduled after that date. Federal Way City Council Regular Meeting Minute.\' September 21, 2004 - Page 8 of 8 He further reminded Council the need for an Executive Session for the purpose of discussing Potential Litigation/Pursuant to RCW 42.30.11 O( 1 )(i), and Collective Bargaining/Pursuant to RCW 42.30. 140(4)(a). XI. EXECUTIVE SESSION At 8:00 p.m. Mayor McColgan announced the Council would be recessing into Executive Session to discuss Potential Litigation/Pursuant to RCW 42.30.11 O( 1 )(i), and Collective Bargaining/Pursuant to RCW 42.30.140(4)(a), for approximately forty-five minutes. At 8:43 p.m. Assistant City Manager Donna Hanson extended Executive Session for an additional fifteen minutes. At 8:55 p.m. Assistant City Manager Donna Hanson extended Executive Session for an additional thirty minutes. a. b. Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) Collective Bargaining/Pursuant to RCW 42.30.140 (4)(a) Council returned to chambers at 9:25 p.m. XII. ADJOURNMENT There being nothing further to come before the Federal Way City Council, Mayor McColgan adjourned the meeting at 9:25 p.m.