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Council MIN 09-06-2005 Regular Federal Way City Council Regular Meeting Minute.~ September 6, 200S - Page 1 of ]() FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall September 6, 2005 - 7 :00 p.m. Minutes I. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at 7:05 p.m. Council members present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and Council members Jeanne Burbidge, Jack Dovey, Jim Ferrell, and Mike Park. Staff present: Assistant City Manager Derek Matheson, City Attorney Pat Richardson, and Interim City Clerk Jason Suzaka. II. PLEDGE OF ALLEGIANCE Mayor McColgan called upon Councilmember Ferrell to lead the flag salute. Mayor McColgan excused Councilmember Faison, who is ill and unable to attend tonight's meeting. III. PRESENTATIONS a. Certificate of Recognition/Presented by Regional Transit Committee King County Councilmember Pete Von Rcichbauer presented the City with a Proclamation recognizing the City for its Adopt-A-Stop program. Mayor McColgan and Council member Burbidge accepted the award on behalf of the City. Councilmember Burbidge thanked Councilmember Von Reichbauer for support of the program. b. Human Services Commission/ Appreciation Plaque ( ()ut~()in~) Councilmember Burbidge recognized outgoing commissioner Kevin King and presented him with a plaque of appreciation. Mr. King thanked the Council for their supp0l1. c. Human Services Commission/Introduction & Certificate of Appointment (unexpired term) ORIGINAL Federal Way City Council Regular MeetinK Minutes September 6, 200S ~ Page 2 of 10 Mayor McColgan recognized Bob Wroblewski as the new Human Services commissioner, and presented him with a certificate of appointment. His term expires January 3], 2006. d. Introduction of New Staff/City Manager Assistant City Manager Matheson introduced Pamela Tollefson (Records Specialist for the Public Safety Department) and Helen Humen (Administrative Assistant in the Law Department). Both employees were unable to attend tonight's meeting. e. Emerging Issues/City Manager Assistant City Manager Matheson reported two emerging issues. He introduced Marilee McInnis, Public Relations Specialist for Southwest Airlines, to speak about the airline's proposal to provide passenger service out of Boeing Field. Ms. McInnis presented the Council with the financial bcnefits of moving Southwest Airline nights out of Boeing. In addition, they also proposed that only Boeing 737- 700 airplanes will be flown and they have no plans to fly "red eye" flights. Currently, Southwest nics 38 flights daily with no red eye nights. They hope to increase the number of flights to 85 over the next sevcral years. IV. CITIZEN COMMENT Matthew Jarvis: Mr. Jarvis commended thc city for improving the looks of the ncighborhood in regards to their sign permit program. However, he asked the City to revisit its sign code and consider relaxing the regulations slightly. Gayla Hardison: She would like to see the City partner with local busincsscs in implementing an adopt-a-park program and a park cleanup day, perhaps once a month. Kevin Bush. Nancy Combs, Jack Sharlock: They stated their support for speed bumps on 21st Ave. SW, due to concerns about speeding and traffic safety. Mr. Sharlock feels that there should be no parking along the street. Pamela Buck, Don Bunger, Eric Wagenhals, Stan Wagenhals: They stated their opposition to installation of speed bumps on 21 st Ave. SW. They feel the street is an arterial and should not have speed bumps installed on it. Ms. Buck remarked that a problem she sees is a lack of sidewalks on the street, especially ncar the Mctropolitan Market. Mr. Bunger asked for a vote on the issue. Frosty Hardison: Mr. Hardison commented on thc loud noiscs from car music and cxhausts in the streets, as echocd in an op-ed in the local paper. He also feels that speed bumps don't work in slowing drivers down. He questioned the dollar amounts cited by Southwest Airlines in their proposal and would like a closer view of those numbers. Cary StantonlDan Haeck: Mr. Haeck suggestcd signs that show speeds as cars drive by. Ms. Stanton asked for more information on the architecture of the speed bumps. Federal Way City Council Regular Meeting Minutes September 6, Z005 - Page 3 of J() Aaron Lynch: Mr. Lynch made remarks regarding Phase III of the HOV Lanes Project for Pacific Highway South. He feels that traffic along the highway is directly related to traffic along S. 320th St. Hazel Dickinson: She commended the City with its considcration of possibly purchasing the Camp Kilworth site. Dick Mayer: Mr. Mayer is the Good Works Coordinator for WalMart in Federal Way; he encouraged thosc looking to raise funds for their non-profit organization to sce him about possible grant money. Bob Hitchcock: Mr. Hitchcock thanked everyone involved with making Fcdcral Way Festival Days the most attended in its history this past weekend. Therc wcre at least 30,000 attendees and 97 entrants in the parade this year. Alton McDonald: Mr. McDonald reported problems with the police department, alleging police misconduct. Deputy Mayor Kochmar askcd Deputy Chief Wilson for a rcport on Mr. McDonald's allegations in writing. Both Parks Director Donna Hanson andCouncilmember Burbidge stated that an adopt-a-park program docs not currently exist; it had been brought up in thc past, but after reviewing the information given at that time, it was not followed up on. However, it can certainly be revisited. v. CONSENT AGENDA a. Minutcs/August 2, 2005 Rcgular Meeting - Approved b. Status of Traffic Calming Efforts for 21 sl Ave. SW - Approved as amended c. Council Bill #380/Interim Zoning Codc Amendment - Ordinance #05-499 Enacted d. Adoption of National Incident Management System - Approved Resolution #05-453 e. Target Corporation GrantlDonation A ward - Approved f. Memorandum of Understanding Among Participating Law Enforcement Agencics Forming a Regional Automated Information Network (RAIN) - Approved g. Memorandum of Undcrstanding A/llon~ Naval Criminal Investigative Service & Participating Fedcral, State, County, & Municipal Agencies for Informational Sharing Initiative - Approved Councilmember Park pulled item (b) from the agenda; Deputy Mayor Kochmar pulled itcms (c) and (d) from thc agenda. MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE CONSENT AGENDA ITEMS (a), (e), (f) and (g) AS PRESENTED; SECONDED BY COUNCILMEMBER BURBIDGE. The motion passed as follows: --... Federal Way City Council Regular Meeting Minutes September 6, Z005- Page 4 ofJO Burbidge ycs Kochmar yes Dovcy yes McColgan yes Faison absent Park yes Ferrell yes Consent Agenda item (b )/Status of Traffic Calming Efforts for 21 st Ave. SW - Approved as amended Councilmembcr Park gave a brief background on the item. MOTION BY COUNCILMEMBER PARK TO DIRECT STAFF TO CONDUCT A BALLOTING PROCESS CONSISTENT WITH EXISTING CITY POLICY TO DETERMINE NEIGHBORHOOD INTEREST IN TWO RAISED CROSSWALKS AND THREE SPEED HUMPS ON 21sT AVE SW, AND BRING THE RESULTS BACK TO THE LAND USE AND TRANSPORTATION COMMITTEE; SECONDED BY DEPUTY MAYOR KOCHMAR. MOTION BY DEPUTY MAYOR KOCHMAR TO AMEND THE ORIGINAL MOTION BY THE INCLUSION OF A PRELIMINARY ESTIMATE FOR A SIDEW ALK ON 21ST AVE SW; SECONDED BY COUNCILMEMBER BURBIDGE. Councilmembcr Park called upon Senior Traffic Engincer Rick Perez to give a brief staff report. The amendment passed as follows: Burbidge ycs Kochmar yes Dovey no McColgan yes Paison absent Park yes Ferrell yes The amended motion passed as follows: Burbidge yes Kochmar yes Dovcy yes McColgan yes Faison absent Park ycs Ferrcll yes Consent Agenda itcm (c)/Council Bill #380/Interim Zoning Code Amendment - Enacted Ordinance #05-499 Community Developmcnt Director Kathy McClung reported that staff is working with the local business community on the issue. Staff is also in the proccss of writing a draft ordinance and doing an environmcntal analysis that will be published for public comment in the near future. Staff hopes to be ready for the Planning Commission in late October. She rciterated thatthe City is not adopting everything Federal Way City Council Regular Meeting Minutes September 6,2005 - Page 5 (~flO contained in the interim zoning ordinance; the City will be starting from scratch for drafting the permanent zoning code amendment ordinance. MOTION BY COUNCILMEMBER PARK TO APPROVE CONSENT AGENDA ITEM (c) AS PRESENTED; SECONDED BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Burbidge ycs Kochmar no Dovey no McColgan ycs Faison absent Park yes Ferrell ycs Consent Agenda item (d)/AdoPtion of National Incident Management System - Approved Resolution #05-453 Deputy Mayor Kochmar called upon Public Works Director Cary Roe to give a staff report. MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE CONSENT AGENDA ITEM (d) AS PRESENTED; SECONDED BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Burbidgc yes Kochmar ycs Dovey yes McColgan yes Faison absent Park yes Ferrell yes VI. CITY COUNCIL BUSINESS a. Canccllation 2005 CDBG Allocation to Federal Way Community Ccnter for Senior Nutrition and Health Mayor McColgan called upon CDBG Coordinator Kelji O'Donnell to give a staff report. Mayor McColgan and Councilmember Burbidge both recused themselves from the item, as they are both boardmembers of the Boys and Girls Clubs. MOTION BY DEPUTY MA YOR KOCHMAR TO CANCEL THE 2005 CDBG AWARD FOR PROJECT C05027, IN THE AMOUNT OF $89,825, FOR SENIOR NUTRITION AND HEALTH EQUIPMENT FOR THE NEW FEDERAL WAY COMMUNITY CENTER AND AWARD THE FUNDS PER THE 2005 CDBG CONTINGENCY PLAN; SECONDED BY COUNCILMEMBER FERRELL. The motion passed as follows: Burbidge rccused Kochmar yes Dovey yes McColgan recused Faison abscnt Park yes Ferrell yes Federal Way City Council Regular Meeting Minute.~ September 6,2005 - Page 6ofJ() b. Parks and Recreation Commission Appointment (unexpired term) MOTION BY COUNCILMEMBER BURBIDGE TO APPOINT MARIE SCIAQUA AS A VOTING MEMBER OF THE PARKS AND RECREATION COMMISSION TO FILL THE UNEXPIRED TERM OF COMMISSIONER JOE HENRY THROUGH APRIL 30, 2006; SECONDED BY MAYOR MCCOLGAN. The motion passed as follows: Burbidge yes Kochmar ycs Dovey yes McColgan yes Faison abscnt Park yes Ferrell yes c. Sale of Klahanee Lake Community/Senior Center Mayor McColgan called upon Management Scrviccs Director Iwen Wang to give a staff report. MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE THE ATTACHED PURCHASE AND SALE AGREEMENT AND LEASE AGREEMENT AND AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE NECESSARY DOCUMENTS TO COMPLETE THE TRANSACTION; SECONDED BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison absent Park yes Ferrell yes d. Teamster 763 Labor Agreement Mayor McColgan called upon City Attorney Pat Richardson to give a staff report. MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE THE COLLECTIVE BARGAINING AGREEMENT FOR THE PUBLIC WORKS AND PARKS MAINTENANCE WORKERS AND AUTHORIZE THE ASSISTANT CITY MANAGER TO EXECUTE SAID AGREEMENT; SECONDED BY COUNCILMEMBER FERRELL. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison absent Park yes Ferrell yes Federal Way City Council Regular Meeting Minutes September 6, 2005 - Page 7 of 10 VII. INTRODUCTION ORDINANCES a. Council Bill #38l1Amending FWCC to Authorize Court to Order Restitution in Hit & Run Cases AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6 OF THE FEDERAL WAY CITY CODE TO AUTHORIZE, WHERE APPROPRIATE, RESTITUTION ON HIT AND RUN CHARGES (Amending Ordinance No. 02-429) Intcrim City Clerk Jason Suzaka read the ordinance title into the record. MOTION BY COUNCILMEMBER BURBIDGE TO MOVE COUNCIL BILL #381 TO SECOND READING AND ENACTMENT ON SEPTEMBER 20; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison absent Park yes Ferrell yes h. Council Bill #382/Appointment of Civil Service Commissioners AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY Of FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 2, ARTICLE Ill, SECTIONS 2-50 AND 2-51 OF THE CITY OF FEDERAL WAY CITY CODE TO BROADEN THE PARTICIPATION AND UTILITY OF ALTERNATE COMMISSIONERS (Amends Ordinances No. 95-244 and 96-258) Interim City Clerk Jason Suzaka read the ordinance title into the rccord. MOTION BY COUNCILMEMBER BURBIDGE TO MOVE COUNCIL BILL #382 TO SECOND READING AND ENACTMENT ON SEPTEMBER 20; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison absent Park yes Ferrell yes c. Council Bill #383/ Amending FWCC Chapter 6: To Criminalize the Making or Having of Burglary or Vehicle Theft Tools AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASl:IINGTON, AMENDING CHAPTER 6 OF TIlE FEDERAL WAY CITY CODE TO CRIMINALlZE THE MAKING OR HAVING OF BURGLARY OR VEIUCLE TilEr! TOOLS (Amending Ordinance No. 91-89) Interim City Clerk Jason Suzaka read the ordinance title into the record. Federal Way City Council Regular Meeting Minutes September 6,2005 - Page R ofl0 MOTION BY COUNCILMEMBER BURBIDGE TO MOVE COUNCIL BILL #383 TO SECOND READING AND ENACTMENT ON SEPTEMBER 20; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison absent Park yes Ferrell yes d. Council Bill #384/Pacific Highwav South HOV Lanes Phase III Condemnation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT- OF- WAY IMPROVEMENTS IN THE VICINITY OF P ACIFTC HIGHWAY SOUTH BETWEEN DASH POINT ROAD AND SOUTH 284TH STREET, TOGETHER WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITIIIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. Interim City Clerk Jason Suzaka read the ordinance title into the record. Councilmember Dovey recused himself from the item, as he has property that would be affected by the proposed ordinance. MOTION BY COUNCILMEMBER BURBIDGE TO MOVE COUNCIL BILL #384 TO SECOND READING AND ENACTMENT ON SEPTEMBER 20; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge yes Kachmar yes Dovey recused McColgan yes Faison absent Park yes Ferrell yes VIII. CITY COUNCIL REPORTS The Council commended the Federal Way Festival Days Committee for their excellent work this year. Councilmember Dovey: Councilmember Dovey thanked all those who submitted COmment on the 21s1 Ave. SW issuc tonight. At the last Land Use/Transp0l1ation Committee (LUTC) meeting (held earlier today), the committee discussed speed bumps and habitat in Fedcral Way. He challenged the city to become designated as a "National Wildlife City." The next LUTC mecting will take place on September 19th at 5:30p.m. -------"". Federal Way City Council Regular Meeting Minutes September 6,2005 - Page 9 of JO Councilmember Burbidge: This Thursday she will be attending a meeting of the Puget Sound Regional Council's (PSRC) Transportation Policy Board. They will be discussing funding for Phase HI of the Pacific Highway South HOV Lanes project and the "triangle" project. A ribbon cutting ceremony for Phase II of the Pacific Highway South HOV Lanes project was recently held; the City received awards for the project from the Washington State Transportation Improvement Board and the PSRC during the ceremony. The next Parks, Recreation, Human Services, and Public Safety Committee meeting will takc place September 12th at 5:30p.m. Items on the agenda include fireworks and CDBG funding. Councilmember Ferrell: Councilmember Ferrell gave his compliments to all those who made Festival Days a very successful event and noted that this was one of the biggest turnouts ever. Councilmember Park: The September 9th Lodging Tax Advisory Committee meeting has been cancelled; the next meeting is scheduled for October 14th at 8:00am. The next Korean Community Liaison meeting is scheduled for September 15th at 6:30p.m. Deputy Mayor Kochmar: The Federal Way Symphony held their first ever "Pops" concert, featuring singer Dee Daniels. The Youth Commission held their first ever Federal Way Idol competition at Stcel Lake Park. Federal Way's sister city in Hachinohe, Japan sent delegations to Festival Days, as wcll as to the Port of Tacoma to renew their sister port relationship. She also continues to meet with the Municipal Solid Waste Advisory Committee. Deputy Mayor Kochmar asked staff to follow up on the next phase for Sound Transit light rails plans and how it will affect the community. Mayor McColgan: The Reebok Womcn's Triathlon will take place on Sunday, September 11 at 7:00a.m. at Steel Lake Park; over 1,000 contestants are expected to compete and many volunteers are needed to help out. IX. CITY MANAGER REPORT Assistant City Manager Matheson rcported that the Public Safety Department is currently going through their CALEA (Commission on the Accreditation of Law Enforcement Agencies) re-accreditation; the final report has not been completed but it appears to be going well. Mr. Mathcson also read aloud a thank you letter from the Federal Way Symphony, thanking the City and the community for allowing them to host their Pops concert. X. EXECUTIVE SESSION a. Potential LitigationlPursuant to RCW 42.30.1100 )(i) b. Property Acquisition/Pursuant to RCW 42.30.11 O( 1 )(b) Federal Way City Council Regular Meeting Minutes September 6, 200S - Page 10 of 10 Thc Council rccessed into executive session at 9:07p.m, with an expected duration of approximately 30 minutcs. Deputy City Attorney Karen Kirkpatrick extended executive session another 10 minutes at 9:37p.m. Deputy City Attorney Karen Kirkpatrick extended executive session another 5 minutes at 9:47p.m. Deputy City Attorney Karen Kirkpatrick extended executive scssion another 5 minutes at 9:52p.m. The Council returned to chambers at 9:57p.m. x. ADJOURNMENT There being nothing further to discuss, Mayor McColgan adjourned the regular meeting of the Federal Way City Council at 9:59p.m. Jg~Jir-- In erim City Clerk