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Council MIN 03-21-2006 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 21, 2006 -7:00 PM MINUTES ***** 1. CALL MEETING TO ORDER Mayor Park called the meeting to order at 7:09 PM. Councilmembers present: Burbidge, Dovey, Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park. 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. City ManagerlIntroduction of New City Employees - None. b. City Manager/Emerging Issues 1. FEDERAL WAY LIBRARY, 320TH STREET BRANCH - POTENTIAL RELOCATION - Interim City Manager Derek Matheson announced that representatives from the City and the King County Library System would be attending the April 4, 2006 Council Meeting to give a chronology of the proposed relocation and the Library's vision for the potential new location. MOTION: Councilmember McColgan moved to amend the agenda to add discussion of the City Center Redevelopment Subcommittee under agenda Item 7 - Council Business, Item b. Faison second. Motion carried 7 - O. 2. SUSPECTED ANIMAL CRUEL TV INVESTIGATION - Mr. Matheson asked Police Chief Anne Kirkpatrick to give a briefing on the investigation into the suspected animal cruelty investigation case involving a young pit-bull puppy which occurred on March 10, 2006. Chief Kirkpatrick noted that she had received approximately 600 e-mails from the public in response to media reports. In an effort to keep the public informed, the Chief gave a chronology of the investigation and asked Detective Tom Robinson to provide further details. Detective Robinson highlighted the steps taken so far to solve the case, stating that the investigation was on-going in cooperation with King County Animal Control. Anyone with information was encouraged to contact the Federal Way Police Department. The Council inquired about King County Animal Control's ability to prosecute animal cruelty cases. Detective Robinson and Chief Kirkpatrick answered that Animal Control sends cases to the prosecutor's office and are certified in animal control through an 80 hour course under the sponsorship of the Criminal Justice Training Commission. Chief Kirkpatrick further clarified that the City contracts with Animal Control to investigate these types of crimes because of their expertise in this area and while Federal Way is working closely with them, Animal Control is technically the lead agency in this investigation. 3. POLICE EXPLORERS RECOGNITION - Chief Kirkpatrick introduced Bob Hitchcock, President of Festival Days, as an annual supporter of the Police Explorer program. Mr. Hitchcock presented the Chief with a $500 check and expressed his gratitude for all the assistance the Explorers have given to the Festival Days event. - -------.----- --------- 4. CITIZEN COMMENT CHARLES CONNON complained on behalf of Mrs. Pat Owen in regards to flooding on her property that he believes is caused by a lack of action by the City and development in the area. Mr. Connon further requested that complaints by citizens be addressed at the next meeting following the complaint so that citizens will know the resolution. Councilmember Kochmar requested that Mr. Roe investigate the complaint and report back at the next meeting. ROY P AR~ echoed Mr. Connon's complaint regarding Mrs. Owen and accused the City of fraud, a conspiracy and cover-up while condemning his property and requested a formal investigation. JOHN SHELLER, a managing librarian in the Federal Way Libraries gave a chronology of the steps he took to notify the public of the potential plans to move the 320th Library and apologized if his steps were not adequate to provide enough opportunity for public input at the Library meetings. LURAINE MACLEOD spoke in opposition to moving the 320th Library. MARGARET NELSON spoke in opposition to moving the 320th Library. CHRIS BARBAROSSA spoke in opposition to moving the 320th Library. TOM PIERSON, CEO OF THE FEDERAL WAY CHAMBER OF COMMERCE voiced his disappointment about the lack of notice given to the Chamber in regards to the letter Council is considering sending to Sound Transit identifying a preferred alignment route for Link Light Rail in Federal Way. Mr. Pierson requested that the Chamber be given an opportunity to voice their opinion on the issue before the City makes a final recommendation to Sound Transit. PATRICIA OWEN complained about flooding on her property and requested an investigation by the City. Mrs. Owen complained about the lack of response !and service from the City and complained that the City erroneously allowed construction of the development behind her property. BERNARD MOTTERSHEAD complained on behalf of Mrs. Owen and requested that the City investigate the flooding immediately. Mr. Mottershead further alleged that City employees have not done their jobs and have neglected Mrs. Owen. JACQUELYNE REUSCH spoke in opposition to mlving the 320th Library. LEE JOHNSON spoke in opposition to moving the'320th Library. GA YLA HARDISON spoke in opposition to moving the 320th Library and spoke against panhandling. FROSTY HARDISON voiced concerns regarding ~he flooding on Mrs. Owen's property and spoke in opposition to moving the 320th Library. LISA JOHNSON spoke in opposition to moving th~ 320th Library. H. DAVID KAPLAN spoke in opposition to moving the 320th Library. Following citizen comment, Mr. Matheson again encouraged citizens to attend the April 4, 2006 City Council meeting to voice their opinions on the proposal to move the 320th Library. Deputy Mayor Ferrell encouraged the Council to take a vote and submit its recommendation to the Library Board. --- Councilmember Dovey stated that he feels offended by citizens who make personal, verbal attacks on staff members under Citizen Comment. Councilmember Dovey reminded everyone that Citizen Comment is an opportunity to address the Council as a decision-making body, not to attack staff members. Mayor Park agreed. Councilmember Kochmar reminded everyone ~o CQntact the Council if they feel their concerns haven't been adequately addressed. 5. CONSENT AGENDA a. Minutes: Approval of March 7, 2006 Regular Meeting - PASSED b. A ward of Quote for the Purchase of Replacement Public Safety Mobile Computers - PASSED c. Enactment Ordinance - Council Bill #399-Modifying the Citizen Advisory Committee Requirements in Ordinance No. 95-240 -PASSED, ORDINANCE NO. 06-519 d. Enactment Ordinance - Council Bill #400 - Comcast Cable Franchise Agreement Extension - PASSED, ORDINANCE NO. 06-520 e. Enactment Ordinance - Council Bill #401-Carry-forward Budget Adjustments - PASSED, ORDINANCE NO. 06-521 f. ILA City of Federal Way & Federal Way School District #210 for School Resource Officers - PASSED g. 2006 Asphalt Overlay Project Bid Award...,.. PASSED h. South 320th Street at 1st Ave S Intersection Improvement Project - 85% Design Status Report- PASSED 1. South 373rd Street Bridge Replacement - WSDOT &LUD ILA's - PULLED J. Joe's Creek Habitat Restoration Project - 100% Design Status Report and Authorization to Bid- PASSED k. 336th/1 st Way S Intersection Improvement Projects - Bid Award - PASSED Councilmember Kochmar pulled agenda item I and recused herself because her employer, Lakehaven Utility District is affected by this item. MOTION: Councilmember Dovey moved to apprqve items A - K on the consent agenda with the exception of item I. Deputy Mayor Ferrell second. The motion carried 7 - O. MOTION: Councilmember Dovey moved approval of item I. Deputy Mayor Ferrell second. The motion carried 6 - 0; Kochmar recused. 6. PUBLIC HEARING: Mayor Park opened the Public Hearing at 8:14 PM and introduced the public hearing summary and procedures. Management Services Director Iwen Wang presented a brief staff report outlining the details of the proposed surplus. Mayor Park opened the hearing to Public Comment: BERNARD JOHNSTON introduced himself as a small developer interested in purchasing the property should it be declared surplus. Mr. Johnston stated that he has placed earnest money on the privately-owned parcel adjoining the City's parcel and has reached an agreement with King County to purchase their small parcel also adjoining the lot. Mr. Johnston requested that the surplus be allowed so that he may purchase all three parcels and subdivide the property for single-family homes. ------------ - ------ ------ FROSTY HARDISON inquired about the process and asked about any plans to build a road on the City's parcel and noted that his questions about the location had been answered by the staff presentation/exhibits. Councilmember Dovey clarified that this public hearing would only declare the property as surplus and that staff will return to Council at a later date to authorize a sale. MOTION: Councilmember Dovey moved to apptove the resolution declaring open space real property, parcel number 082104-9273, located in the vicinity of31455 Fourth A venue South as surplus, waive Section 4 of Resolution No. 93-156 to allow an alternative method to determine fair market value, and authorize disposal of such property. Councilmember Faison second. Motion carried 7 - O. The Public Hearing was adjourned at 8:24 PM. 7. COUNCIL BUSINESS: a. SOUND TRANSIT PHASE II - Council discussed the draft letter which was presented at the March 6, 2006 Land Use and Transportation Committee meeting. In February Sound Transit requested that the City submit a letter to them by the end of March expressing the City's interest in bringing light rail to Federal Way to be considered in a fall election. Councilmember Dovey noted that since then, the legislature has voted that Sound Transit cannot go to a vote in November, but instead must bring the vote together with the Regional Transportation Investment District (RTID) in 2007. Councilmember Dovey suggested that by delaying the letter, the City would be better able to hear the opinions of the Chamber. MOTION: Councilmember Dovey moved to postpone the letter until the next meeting but with the understanding that the Chamber and the public will be given an opportunity between now and then to share their opinions. Deputy Mayor Ferrell second. Deputy Mayor Ferrell expressed reservations about identifying a specific route for light rail in a letter to Sound Transit at this time and proposed leaving the decision open for further review, research and public comment. Councilmember Burbidge expressed concern whether two weeks would be adequate to allow public and Chamber comments and encouraged Council to consider the goals for light rail (regional transportation versus economic development in the City). Mayor Park invited Public Works Director Cary Roe to comment. Mr. Roe asked Council to consider an option to revise the letter so that it is not alignment-specific, while at the same time strongly encourages light rail in Federal Way and promises a more detailed response by a given date. This option would respond to Sound Transit by their deadline while at the same time allowing adequate time for input from the Chamber and the community. Councilmember Dovey expressed his appreciation for Mr. Roe's counsel and voiced support for Mr. Roe's suggestion. Deputy Mayor Ferrell withdrew his second of the motion by Councilmember Dovey. Councilmember Dovey withdrew his motion. Councilmember Kochmar supported the suggested generic letter to Sound Transit and encouraged participation by the Chamber and the public to discuss not only the alignment options but also the three proposed stations. Furthermore, Councilmember Kochmar requested a Council study session to discuss the issue before sending additional letters to Sound Transit. Councilmember McColgan asked Mr. Roe to clarify whether or not Sound Transit's deadline has changed due to the vote by the Legislature. Mr. Roe answered he has asked Sound Transit for clarification on their deadline; he has not received a final answer. In his opinion, their original deadline is no longer applicable. Councilmember McColgan suggested postponing the initial generic letter for two weeks to give the Chamber an opportunity to deliberate the matter and issue a joint statement by the City and the Chamber. Mayor Park asked Mr. Pierson if two weeks would be adequate to deliberate the issue with their Board. Mr. Pierson answered that the Chamber would do its best, but he could not promise a decision by the 19-member Board within two weeks. MOTION: Councilmember Dovey moved to send the letter to Sound Transit, striking the language referring to alignment and then follow up with a second, more comprehensive letter. Councilmember Kochmar second. The motion carried 7-0. b. ECONOMIC DEVELOPMENT COMMITTEE REDEVELOPMENT ADVISORY SUBCOMMITTEE - Councilmember Faison stated the Economic Development Committee (EDC) forwarded this item directly to Council at their meeting held earlier in the evening. The EDC recommended establishing an advisory body to provide direction allocating the $5,000,000 fund set aside by Council for public-private economic development partnerships. MOTION: Councilmember Faison moved the Economic Development Committee recommendation. Second by Councilmember McColgan. The motion carried 7-0. 8. INTRODUCTION ORDINANCES A. COUNCIL BILL #402- ORDINANCE TERMINATING THE AT&T FRANCHISE AGREEMENT An ordinance of the City Council of the City of Federal Way, Washington, terminating AT&T's Franchise Agreement (terminating Ordin'1l1ce No. 03-437). Deputy City Clerk Kelsey read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward Council Bill #402 to a second reading on the April 4,2006 Council Agenda for enactment. Councilmember Burbidge second. The motion carried 7-0. 9. CITY COUNCIL REPORTS Councilmember Kochmar announced the March 28, 2006 Finance, Human Services and Regional Affairs Committee Meeting and the March 30, 2006 Puget Sound Regional Council (PSRC) meeting. Councilmember Kochmar summarized her activities in Washington D.C. Councilmember Burbidge announced the April 10,2006 meeting of the Parks, Recreation and Public Safety Committee and reminded citizens of the on-line Parks and Recreation survey available through the end of March. Councilmember Burbidge encouraged citikens to attend the upcoming Police Town Hall meetings. She also announced the April 1, 2006 Outback Steakhouse fundraising luncheon at 11 :00 to benefit the Advancing Leadership Class and reminded citizens of the low-income tax preparation assistance program through the Multi-Service Center. I - - ------- Councilmember Dovey noted the landfill report from the King County Solid Waste Committee meeting he attended earlier in the month. Councilmember Dovey further announced the April 3, 2006 Land Use and Transportation Committee meeting. Councilmember Faison had nothing to report bu~ noted that he would prefer a light rail alignment that would benefit Federal Way directly. Councilmember McColgan explained the purp6se of the general assembly meeting of the PSRC. Councilmember McColgan announced the Suburban Cities Association meeting on March 22, 2006 and the April 4, 2006 Boys and Girls Club annual breakfast at Emerald Downs at 7:30 AM. Deputy Mayor Ferrell mentioned discussion of the dangerous dogs ordinance at the last Parks, Recreation and Public Safety Committee (PRPSC). Action on this topic will next occur at the May PRPSC meeting; citizens are strongly encouraged to comment. Deputy Mayor Ferrell also encouraged citizens who are concerned about the proposed Library relocation to participate in the upcoming Council meeting on April 4, 2006 and the Library meeting on April 12, 2006. If citizens are unable to attend the meetings, please contact the Council to share their thoughts. Lastly, Deputy Mayor Ferrell stated a rail system in Federal Way should be transportation-oriented rather than focused solely on economic development in Federal Way. Mayor Park reported that he attended a meeting with the citizens and mayors of Federal Way's neighboring cities to discuss ways to reduce prostitution. Mayor Park also announced he attended a meeting hosted by the City of Federal Way with Senator Murray andlwelve south county mayors to discuss federal funding and issues important to our area. Lastly, Mayor P rk announced the City was presented with the Korean- American Outreach Program Award while he andlcouncilmember Kochmar were in Washington, D.C. 10. CITY MANAGER REPORT ! Interim City Manager Derek Matheson stated the tecotive Session scheduled this evening is expected to last approximately 30 minutes with no action. 11. EXECUTIVE SESSION Council adjourned to Executive Session at 9:20 PM to discuss the following items: a. Collective Bargaining pursuant t~ RCW 42.30. 140(4)(a) b. Potential Litigation pursuant to RCW 42.30.110(1 )(i) 12. ADJOURNMENT Mayor Park adjourned the regular meeting of the Federal Way City Council at 9:58 PM. ATTEST: Approved as Amended by Council on April 18, 2006