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Council MIN 08-01-2006 Regular PRELIMINARY FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall August 1, 2006 -7:00 PM MINUTES ***** 1. CALL MEETING TO ORDER Mayor Park called the meeting to order at 7:07 PM. Councilmembers Burbidge, Kochmar, Dovey, Faison, McColgan, Deputy Mayor Ferrell and Mayor Park present. 2. PLEDGE OF ALLEGIANCE Deputy Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Introduction and Swearing-in Ceremony for City Manager Neal Beets Judge Michael Morgan presided over the swearing-in of City Manager Neal Beets.Mr~ Beets thanked the City Council for entrusting him with this position. b. Introduction and Swearing-in Ceremony for Interim Police Chief Brian Wilson Outgoing Police Chief Anne Kirkpatrick presented Mr. Wilson with the Police Chief Badge. Judge Michael Morgan presided over the Swearing-in of Interim Police Chief Brian Wilson. c. Presentation of Award Interim Police Chief Brian Wilson presented outgoing Police Chief Anne Kirkpatrick with the Medal of Meritorious Service. Ms. Kirkpatrick thanked the Council and the staff. . Recess for public reception to welcome Neal Beets, wish Anne Kirkpatrick farewell, and welcome Brian Wilson as Interim Chief of Police Council recessed for the public reception at 7:21 PM and reconvened at 7:46 PM. d. Acceptance of Star bucks $15,000 Grant for Cedar Grove Park Councilmember Burbidge accepted a $15,000 grant for Cedar Grove Park on behalf ofthe City from the Kiwanis Club. She introduced the Kiwanis Club President and President Elect. ...---_____ _n _______ ___ _______ PRELIMINARY e. City Manager - Introduction of New Employees City Manager Neal Beets introduced two employees, both in the Police Department: Chad Branco and Troy Matsuyama. f. City Manager - Emerging Issues Mr. Beets stated there were no emerging issues to report. 4. CITIZEN COMMENT Mayor Park noted revised language on the Citizen Comment sign-up sheets prohibiting testimony for ballot propositions or campaigns for election pro or con. He also noted the new timing device Council was testing and reminded citizens of the three-minute limit. Ron Nowicki - introduced himself as the new Lakehaven Utility District Commissioner. Kevin Morris - presented a PowerPoint presentation in support ofthe off-leash dog area at French Lake Park. Sally Hurst - spoke in support ofthe off-leash dog area at French Lake Park. Harold Hurst - spoke in support of the off-leash dog area at French Lake Park. H. David Kaplan - submitted his comments for the record. Mr. Kaplan thanked outgoing Police Chief Anne Kirkpatrick and welcomed City Manager Neal Beets. Don Kuch. Clinic Director of Crises Clinic - thanked the Council for funding the 2-1-1 program in South King County and asked for the City's assistance in publicizing the program. Laura Pickens - spoke in support of Sherwood Forest Traffic Calming measures. Julie Pogue - spoke in opposition of Sherwood Forest Traffic Calming measures. She stated she hasn't noticed a difference since they've been in place and would rather have more patrols in the area. 5. CONSENT AGENDA a. Minutes: Approval ofthe July 5,2006 and July 18, 2006 Regular Meetings -Approved b. V ouchers- Approved c. Monthly Financial Report - Approved d. Council Bill # 410: Enactment Ordinance -French Lake Off-leash Dog Park - Pulled e. Grant Funding for Transportation Improvement Projects - Approved f. South 348th Street HOV Lanes Project - 30% Design Status Report - Approved g. 26th Avenue SW Drainage Replacement Project - 50% Design Status Report - Approved ----- ----.-.--------- PRELIMINARY h. Mark Twain Neighborhood Traffic Safety - 20th Avenue S (S 280th St to S 288th St) - Approved 1. Sherwood Forest Neighborhood Traffic Safety - 12th Ave SW -13 th Way SW (SW 346th St to SW 354th St) - Approved J. 2006/2007 Commute Trip Reduction Agreement with King County - Approved Councilmember Kochmar pulled Consent Item d - Council Bill #410 - French Lake Off-leash Dog Park. MOTION: Councilmember Faison moved approval of Consent Items a, b, c, e, f, g, h, i and j. Councilmember McColgan second. The motion carried 7-0. Consent Item d: Councilmember Kochmar recused herself as she is employed by Lakehaven Utility District, which owns part of French Lake Park. MOTION: Councilmember Burbidge moved approval of Council Bill #410 - Approving French Lake Off-leash Dog Park. Deputy Mayor Ferrell second. AMENDMENT: Councilmember Dovey moved to enact a revised ordinance that allows dogs within the off-leash area of French Lake Park and increases the allowable lengthofleashes within the City pursuant to Chapter 4 and Chapter 11 of the Federal Way City Code: Councilmember Burbidge second. The motion passed 6-0 with Councilmember Kochmar recused. MAIN MOTION: The main motion passed 6-0 with Councilmember Kochmar recused. 6. INTRODUCTION ORDINANCE a. Council Bill #411/Residency Requirement for Diversity Commission AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHINGTION, AMENDING THE PROVISIONS RELATING TO THE MEMBERSHIP OF THE FEDERAL WAY DNERSITY COMMISSION (Amends Ordinance Nos. 92-141, 93-203, and 96-283). City Clerk Laura Hathaway read the Ordinance Title into the record. MOTION: Councilmember Burbidge moved to forward the ordinance to a second reading/enactment at the September 5,2006 Council meeting. Councilmember McColgan second. The motion carried 7-0. 7. COUNCIL BUSINESS a. Motion to Cancel August 15,2006 Regular Meeting MOTION: Deputy Mayor Ferrell moved to cancel the August 15,2006 Regular City Council Meeting. Councilmember Dovey second. The motion carried 7-0. PRELIMINARY b. Cabins Park Contracts Approval MOTION: Councilmember Burbidge moved to award the following contracts for the first two phases of construction for Cabins Park: Phase I Site Prep: Johansen Excavating, Inc.; Phase II Concrete: Pervious Concrete, Inc. Councilmember Kochmar second. The motion carried 7-0. c. Han Vloo Ri Financing Discussion Discussion moved after Commission Appointments d. Commission Discussion! Appointments i. Youth Commission MOTION: Councilmember Burbidge moved the following appointments to the Youth Commission: Carolyn Lee and Lyndsey Wilson to two-year terms expiring August 31, 2008; Sarah Kirsch, Haley Johnson, Allison Palumbarit, and Kiley Martin to one-year terms expiring August 31, 2007 and Alleah Pac and Jashmin Park as alternates for one-year terms expiring August 31, 2007. Councilmember Kochmar second. The motion carried 7-0. 11. Diversity Commission MOTION: CouncilmemberBurbidgemoved the appointment ofRhonaRayto a three-year term on the Diversity Commission expiring May 31,2009. Councilmember Kochmar second. The motion carried 7-0. lll. Lodging Tax Advisory Commission MOTION: Mayor Park moved the appoint of Adina Lake and the reappointments of Joann Piquette and Gerry Lamontagne to two-year terms on the Lodging Tax Advisory Committee expiring October 31, 2008. Councilmember Kochmar second. The motion carried 7-0 c. Han Woo Ri Financing Discussion Economic Development Director Patrick Doherty recapped the events for the 2006 festival; stated attendance was down this year and reviewed the budget shortfall. Mr. Doherty stated the total budget for the festival was $342,000. There is an approximate $78,000 shortfall. Mr. Doherty explained that there is a pledge from a principle sponsor of $20,000 but that money has yet to come in. He also stated that the King County Council approved a contribution of $50,000 last week and once that contract is signed the money will be transferred. He stated that ifthe $20,000 pledge does not come in there will still be a $28,000 shortfall - if it does it will leave an approximate $8,000 shortfall. Mr. Doherty stated the request to Council is for use of up to $30,000 from the City Manager's contingency fund to cover the budget shortfall. Any additional revenue from sponsorship commitments and/or community donations shall be earmarked to replenish that fund accordingly. -..------- PRELIMINARY Mayor Park recused himself from the discussion and vote as he is a member of the Han Woo Ri board. MOTION: Councilmember Dovey moved approval of Option 1 - approving the use of up to $30,000 in City Manager contingency funds. Any additional revenue from sponsorship commitments and/or community donations shall be earmarked to replenish the City Manager contingency fund accordingly. Councilmember Burbidge second. Discussion: There was discussion regarding whether or not the public thought this was a City- sponsored event although the city supports the event. Council asked that this point be made clear for the next festival. Councilmember McColgan asked if Lodging Tax funds could be used to recoup the shortfall. Mr. Doherty responded that per the Attorney General's Opinion issued earlier in the year, Lodging Tax funds can only be used for the marketing, advertising and publicity of events and those expenses were covered by Lodging Taxes; no additional money can come from this account. Councilmember Faison stated a broader discussion is needed regarding this event as well has how the City will sponsor other community events should a request come through. Councilmember Dovey agreed with Councilmember Faison that an in-depth discussion is needed but stated he still supports the festival as the City started it and should encourage its continuation. Deputy Mayor Ferrell asked about the bills - are they now due? Mr. Doherty explaitie4 that yes, they are either now due or past due. Councilmember Kochmar believes that it wasn't made clear that this was not a city-run event. Mr. Doherty stated that there is no reason for people to believe that this was a city-run event - the Han Woo Ri board contacted sponsors and contracts were signed by the board. Councilmember Dovey stated he views this $30,000 request as a loan and hopes that the sponsorships come through. He stated that the Attorney General's opinion stating that Lodging Tax dollars could only go towards marketing did not help matters. VOTE: The motion to approve Option 1 passed 5-1; Councilmember McColgan dissenting; Mayor Park recused. 8. CITY COUNCIL REPORTS Councilmember McColgan announced he attended a Puget Sound Regional Council meeting last week and that the City of Federal Way was granted $2 million in Puget Sound Regional Council funding for the Highway 99 HOV project; the City requested $7 million and is first on the list for $5 million in contingency funds towards the project should they become available. He also stated that he was unable to attend the Commission Interviews this evening as he was opening the Fast Pitch Softball Tournament at Celebration Park. He stated the park is booked solid for the week. ---._-----~ PRELIMINARY Councilmember Faison stated the Economic Development Committee meeting in August has been canceled. He also recognized that council received several letters from neighbors in regards to the French Lake off-leash dog park. Council took their concerns into consideration. Councilmember Dovey stated the Land Use Transportation Committee will meet on August 7, 2006. The August and September committee meetings will focus on connectivity. He also stated that he attended a meeting for Seattle Economic Development and the topic of discussion was biodiesallalternative energy sources. Councilmember Burbidge announced the next Parks, Recreation and Public Safety Meeting is scheduled for September 14, 2006. She updated Council on several regional meetings she attended including the State Transportation Improvement Board meeting in Richland, and also announced upcoming community events. Councilmember Kochmar reported on Festival Days August 25-27th; thanked the Kiwanis Club for their annual Salmon Bake at Steel Lake and stated she will attend a Suburban Cities Association Meeting on water reclamation next week Deputy Mayor Ferrell encouraged attendance at Fusion tomorrow night - proceeds go toward transitional housing. He will also attend a Jail Advisory Meeting next week. Mayor Park attended meeting on transportation funding on July25, 2006, and attended the Pierce, County Mayors Breakfast on July 28, 2006. 8. CITY MANAGER REPORT None. 9. ADJOURNMENT Mayor Park adjourned the meeting at 9:06 PM. ATTEST: L ra K. Hathaway, City Clerk Approved by Council on: Y k / lip