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Council PKT 08-07-2007 Regular AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall August 72007 -7:00 PM (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Certificates of Appointment to the Diversity Commission b. Certificates of Appointment to the Ethics Board c. Proclamation: Cascade Regional Blood Services d. Presentation: South King County Community Network: Stepping Out Against Domestic Violence e. Presentation: Wal-Mart Donation to Han Woo Ri Festival f. Presentation: Puget Sound Energy Donation to the Police Department for V ARDA Alarms g. Presentation: Police Department Awards h. City Manager Emerging Issues: . State of the Port of Seattle . Public Information Outreach regarding the RTID/STll Ballot Measure . Overview of Code Compliance Issues 4. PUBLIC COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed 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: Approval of the July 17, 2007 Special and Regular Meeting Minutes 6. COUNCIL BUSINESS a. Cancellation of the August 21, 2007 Regular Meeting b. Department of Ecology Stormwater Grant - Fiscal Year 2008 Funding Offer 7. COUNCIL REPORTS 8. CITY MANAGER REPORT 9. EXECUTIVE SESSION a. Property Acquisition purs~ant to RCW 42.30.110 (l)(b) b. Sale of Property pursuant to RCW 42.30.1l0(l)(c) c. Collective Bargainingpursuant to RCW 42.30.140(4)(a) 10. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** .;i;-f~~~'\\\~~'{i,~~~..~ ' .,i~:~~~:':\:\t..; ::,:/~/:#::~~; :;:" ::?<.\;i:;$,:~; ;~~~\~::;;I.j,.~,.'" ,'.'- :,'.\~,~~:.'\l I_:'.~'~~"~II. ','. CITY OF Federal ay CERTIFICATE OF ApPOINTMENT This is to certify that Rick Agnew Is hereby appointed to serve as a member of the Ethics Boardfor a term to expire June 30,2010. Dated this 7th day of August, 2007. Mike Park, Mayor Jim Ferrell. Deputy Mayor Jeanne Burbidge. Councilmember Linda Kochmar. Councilmember Jack Dovey, Councilmember Dean McColgan. Councilmember Eric Faison, Councilmember ..:.iff~~\~"-~.' .. ,,~_:..~~:-~~~.': ;...,4/.~if~~~_:f; :,~~~:.i_~ii$f~; ;~~~~~~;:.!~:,~':' ....; ::,,:~~;~~:"."l ,~:f..f~~;:::/" '.,:.: . ...~~~.".{~;\~..;~;. ,~i:=~~~~~r :,'.',':: :~~~:::'" .~\':.: ,,~~~~... "I~~~~~~;,. -"'~', :::'~~-":'~~~~U!.~~.~: ~~,."."~f~~:,:.,. .'.'. ~ Federal Way CERTIFICATE OF ApPOINTMENT This is to certify that Ramona Brandes Is hereby appointed to serve as an alternate member of the Ethics Boardfor a term to expire June 30, 2010. Dated this 7th day of August, 2007. Mike Park, Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Linda Kochmar. Councilmember Jack Dovey, Councilmember Dean McColgan, Councilmember Eric Faison. Councilmember '. -...-;~~~;~~~:~~, ,-:~:t~..':~~\:':'. :':':/~ ~: ~::~;:J,:. :~\~~,~~:.:~~\'~; ;~"~~~~""'" ',.'.: :~~~.. :'~~~;~~":\:\ \ , I/..I.~~:i.", " ' ",,: ::"'~~:\\T;!'!:/I;t1,;~~ ~; _.- ,~\:"'~...... ,\":, ...I.', ~ ~ ~~~:':; ...\\~\~.:~~~\;, ,-"/I"i,;~,:f~,/:. '>':" '~~~;;j_.~,::~: ~''-.~':.~~;:,~'- '-,:';' CITY OF ~ Federal Way CERTIFICATE OF ApPOINTMENT This is to certify that Joy Thomas Is hereby appointed'to serve as a member of the Diversity Commission for a term to expire May 31, 2010. Dated this 7th day of August, 2007. Mike Park, Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge. Councilmember Linda Kachmar. Councilmember Jack Dovey, Councilmember Dean McColgan. Councilmember Eric Faison, Councilmember .,~i:~~~'~ '~~\~~-4. ,~:~;~~~~~;:', .~!/f~~~~;:::', ~~}~~~~,:$:$ii: ;~~~~~~~;.:~~{": :~".; :~.~~~~~~:':'\ "'."'~.".".~~~!.: ',.1,. ~ ~ ~ ~ t1 (J ..., \:l ~ tr1 ,., ;>;- ;::, ~ ~ tl ;::, ~ CD '" 0... ~. <:) tl:l ~ ..:: ~ .-+ ~ ;:: g: .'" ~ ~ fI) ~ g ~ --.J 5 ;:: !" ~ S- ;::, n. ..., () .., 0... :::- ~ <:) ~ ~ ~ :t ;:: b ~ ~ ;::, ~ ..., 0 ::t ~ -. 5- t:l- ..... ~ ~ '" ~ ~ t-( .., ~ (tl (tl t:l- (JQ ~ ~ n '" c: .., fI) - . <::l-' r ~~ ~ N 0 (]~ ~ 0 ;-I S. 0'\3 ~ 0 d ~ -. (j tr1 ~ ~ ~ -. ~ =- ()Q V) (tl r;;' ~~. ~ 0 719 ~ r;;' ~g 0- ..... . tD~ r:Il ...... C) ~ a.~ ~o ~ OJ (":I ('\) (\:) to ~~ ~ ~ ~ > ......... ......... ~ Q ~ ~ ... ......... OJ \::l t'-< ~ w~ ~ ~ ...... '" s. ~ \:l f} ~ ~ - ;::, ~ a~ ~ ~ ~ = ...... ~ .., a~ () ..., ~ Oo~ ~ ~ <:) ~ ::- tiQ i5 \::l . (1\) (tl \:l {l ~ 0 ?= :... ~ g ;:: g ~ '< ;:: ~ -. <::l-' ;:: ;:s ~ ('\) Z ;:, ..., ;:l. ~ ~ ~~ ::;- .., ~ '" ~ ::l ::l ~ t:l- t:l- '" '" .., ~ ~ ~ ... ~ ('\) ~ Z ~ "- - .~ ~ ...." - - - . . -~ t to Stop 101 nee Join us on Saturday, October 6, 2007 Starfire Sports at Fort Dent Park A Walk-A- Than in Support of Children and Families Who are Experiencing Domestic Violence in Our Community! Sponsored by the Domestic Violence Task Forces of South King County Walk Schedule: 10:00 am-l1 :00 am Registration 11 :00 am-2:00 pm SOS Domestic Violence Walk-A-Thon Resource Fair Awards Ceremony Following Facility Information: Starfire Sports at Fort Dent Park is located at 14800 Starfire Way in Tuk.wila, Washington. There is no free participant parking available at Fort Dent Park, so please check out the website for information on alternate parking locations. Free shuttle service will be available from the parking lots to the park. Registration: Individual and Team registrations are welcome. Each participant will be required to pay a $10 registration fee. Participants who also provide $20 in sponsorships or (for a total $30) and complete their registration by September 20 will be eligible for an SOS Domestic Violence T-shirt and other great prizes. N A For More Information: South King County Community Network 232 Second Ave. S., Suite 103, Kent, WA 98032 253-850-5927, ext. 3 K Fax: 253-850-1389 info@SOSDomesticViolence.com ~ www.SOSDomesticViolence.com Liability Waiver: Every participant will be required to sign a liability waiver before the event. The waiver must be signed before the walk. This waiver releases organizers from liability for injury or accident caused by, or related to, participation in the walk, The waiver is available on the website or request by phone to 253-850-5927, ext. 3. Sponsors: Thank you to the 101l0wing organizations for their support: ~. South King County Community Network ~ City of Tukwila ~ Starfire Sports at Fort Dent Park ~ Towne & Country Suites ~ MultiCare ~ Neighborhood Life Center ~ YWCA ~ DAWN ~. King County Coalition Against Domestic Violence ~ South King County Domestic Violence Task Force Regional Collaborative Join the effort to make a difference for families in South King County by joining a Domestic Violence Task Force near you. Auburn 3rd Thursday of the month at noon Auburn Library, 1102 Auburn Way South Covington 2nd Thursday of the month at noon Covington City Hall, Council Chambers, 16720 SE 271 st St. Federal Way 4th Wednesday of the month at noon Federal Way City Hall, 2nd Fir, Conf. Rm, 33325 8th Ave. S, Kent 2nd Wednesday every month at noon Kent Centennial Bldg, 1 st Floor, 400 W. Gowe Renton 2nd Friday of the month at 9:00 am Renton City Hall, Council Cont, Rm" 1 055 S, Grady Way, Room720 SeaTac 1 st Tuesday of the month at 5:30 pm SeaTac City Hall, Rm, 128, 4800 S, 188th 51. Tukwila 3rd Thursday of the month at noon 6300 Southcenter Blvd., Cont. Room 5 Be sure to check out the website at www.sosdomesticviolence.com for information on special activities, planned awards and parking locations. ,'eppln' Out to Stop lom""o Violence -- For More Information: 253-850-5927, ext. 3 info@SOSDomesticViolence.com www.SOSDomesticViolence.com .. Saturday October 6, 2007 Starfire Sports at Fort Dent Park A Walk.A. Thon in Support of Children and Families Who are Experiencing Domestic Violence in Our Community! Sponsored by the Domestic Violence Task Forces of South King County COUNCIL MEETING DATE: August 7,2007 ITEM #: 5-a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the July 17, 2007 special and regular meetings? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: t8J Consent D City Council Business STAFF REpO~T_!!~:_ Not Applicable Attachments: Draft meeting minutes of the July 17, 2007 special and regular meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. D Ordinance D Resolution D D Public Hearing Other DEPT:NotApplicabk .----.-----.--.-------------------------.------ STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY MANAGER ApPROVAL: N/A DIRECTOR ApPROVAL: NIA N/A Committee Committee Council COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I move approval of the meeting minutes of the July 17, 2007 special and regular meetings." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - OV06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # SPECIAL MEETING MINUTES FEDERAL WAY CITY COUNCIL Hylebos Conference Room - City Hall July 17, 2007 5:30 PM DIVERSITY COMMISSION INTERVIEWS Deputy Mayor Ferrell and Counci1members Burbidge & Kochmar (www.cityofJedera/way.com) ****** I. CALL MEETING TO ORDER Deputy Mayor Ferrell called the meeting to order at 5:30 PM. Councihnembers Burbidge, Kochmar and Deputy Mayor Ferrell present. II. CANDIDATE INTERVIEWS: DIVERSITY COMMISSION The panel interviewed the following candidates for positions on the Diversity Commission: 5:40 - Chris Brown 5 :50 - Joy Thomas The following candidates did not appear: 5:30 - Gregory Baruso 6:00 - Charlotte Kemble III. DISCUSSION/DELIBERATIONS Appointments will be made at the Regular City Council Meeting under the Council Business section immediately following at 7:00 PM. IV. ADJOURN Deputy Mayor Ferrell adjourned the Special Meeting at 6:30 PM. ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: SPECIAL MEETING MINUTES FEDERAL WAY CITY COUNCIL City Council Chambers - City Hall July 17, 2007 5:30 PM BOARD OF ETHICS INTERVIEWS Mayor Park and Counci1members Dovey, Faison & McColgan (www.cityofJederalway.com) ****** I. CALL MEETING TO ORDER Mayor Park called the meeting to order at 5:30 PM. Councilmembers Dovey, Faison, McColgan and Mayor Park present. II. CANDIDATE INTERVIEWS: ETHICS BOARD The panel interviewed the following candidates for positions on the Board of Ethics: 5 :30 - Ramona Brandes 5:40 - Rick Agnew 6:00 - Chris Brown 6:10 - Paul Apple III. DISCUSSION/DELIBERA TIONS Appointments will be made at the Regular City Council Meeting under the Council Business section immediately following at 7:00 PM. IV. ADJOURN Mayor Park adjourned the Special Meeting at 6:30 PM. ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 17, 2007 - 7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the regular meeting to order at 7:04 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan and Deputy Mayor Ferrell present. 2. PLEDGE OF ALLEGIANCE Deputy Mayor Ferrell led the flag salute. MOTION: Councilmember Burbidge moved to amend the agenda to add the Award of the Contract for the Artificial Turf Soccer Field at Saghalie Park as item g-2 under Council Business, Section 6. Council member Kochmar second. The motion carried 7-0. 3. PRESENTATIONS a. City Manager - Introduction of New Employees City Manager Beets introduced two new employees: Cynthia Kiersey, Code Enforcement Officer and Ron Shreffler, Electrical Inspector. b. City Manager - Emerging Issues: · Fireworks Enforcement Update and Crime Reduction Update Chief Wilson updated the Council on the number of calls for service over the Fourth of July holiday; number of citations issues etc. He also gave a brief report, at the request of Deputy Ferrell, on crime reduction in neighborhoods. . 4. CITIZEN COMMENT Bob Kellogg - comments read into record by City Clerk Hathaway. Mr. Kellogg addressed the redevelopment proposals of the old AMC Theatre site. Sally Ramos - former President of the Pilipino American Association of Federal Way - Ms. Ramos invited the Council and public to a cultural event on August 12, 2007 at Decatur High School which will feature a movie intended to benefit the poor in the Philippines - the goal is to raise enough funds to build a village to assist the poor. City of Federal Way City Council Regular Meeting Minutes July 17, 2007 - Page 2 of 8 Robert Darnbrough - spoke regarding a code enforcement issue/complaint at 2316 SW 33Sth Street and asked the City Council for assistance with getting the property cleaned-up as it is a hazard. Mr. Darnbrough provided photographs. Peggy Gosselin - spoke regarding the same code enforcement issue/complaint; submitted photographs and stated the neighbors have worked with the Code Enforcement Division of City Hall and the City has fined the owner but still nothing has been done to remedy the situation. Ken Newton - spoke regarding maintaining manufactured home parks as an affordable housing option in King County. Mr. Newton lives in a mobile home park in the potential annexation area going to voters on August 21,2007; he asked Council to consider this issue as part of the annexation. Spencer Alpert - spoke regarding his proposal for the redevelopment of the old AMC Theater Site - the Villages at Steel Lake. Mr. Alpert submitted a memo highlighting potential revisions to Phases I and IT of the proposal in the event they are selected as the developer. Fred Konkell- Chair of the Parks and Recreation Commission - spoke in support of the maintenance building at Celebration Park (Council Business Item 6h). Mr. Konkell stated the Commission unanimously approved this item. Dini Duclos - spoke regarding the downtown development proposals and asked Council and citizens not to confuse low-income housing with affordable housing. She supports the Symphony project and asked that whichever project is selected, there be connectivity throughout. Mike Wozniak - thanked Council and staff for enacting and enforcing the fireworks ban. Nancv Combs - asked that the City not become another Bellevue. She also stated the need more traffic mitigation and police. Margaret Nelson - asked Council to take their time making a decision regarding the downtown redevelopment; she suited there are too many apartments in the City and read a comparison between Federal Way and the City of Sammamish regarding apartments, low-income residents, free school lunches etc. Perry Woodford - asked Council to approve funding for the artificial turf at the Saghalie Soccer Field. Natalie Weyand - asked that something be done about pan-handlers in the City; more be done to clean-up graffiti; and asked that Council take their time making the decision regarding the downtown redevelopment. Ted Weyand - supports high-rise development in downtown (Symphony Proposal); do not need more low- income housing in the City. Diana Noble-Gulliford - spoke in support of the Villages at Steel Lake proposal. Bruce Lee - Arts Commission member- asked that whichever decision Council makes regarding the redevelopment of the AMC site, a percent be dedicated to art. Hope Elder - asked that Council take their time in making the decision regarding the development proposals. She does not believe that either proposal meets the needs of the community. City of Federal Way City Council Regular Meeting Minutes July 17,1007 -Pagel of8 Pat Roragen - spoke regarding the same code enforcement issue at 324th and 23 rd A venue brought up earlier in Public Comment. She stated the house and neighborhood are getting worse. George Pfieffer - spoke in support of the Saghalie Soccer Field Bid Award and the maintenance building at Celebration Park. Maria SciacQua - asked Council to put a 90-day hold on selecting the developer for the old AMC Theater site in order to review the proposals further. Victor Setton - supports the Symphony Project for redevelopment and stated the project provides flexibility and is environmentally sound. H. Dave Kaplan - asked that Council not postpone decision on the AMC Theater Site. He prefers the fiscally- sound Symphony project. Tom Pearson - CEO of the Federal Way Chamber - thanked the Council for their hard work in getting to this point on the redevelopment of the downtown core. Marta Justus Foldi - spoke regarding the redevelopment proposals; does not want more apartments -likes the condo proposal with restaurants and businesses on lower levels. Deputy Mayor Ferrell asked for a report on the status of the code enforcement issue at the next meeting. Community Development Director Kathy McClung addressed stating the Code Enforcement Officers have taken the issue as far as they can; fines are being assessed but the problem is not solved. Ms. McClung asked to have the issue reviewed at a Land Use Transportation Committee (LUTe) meeting to review adjustments to the code. COUncilmember Dovey agreed that it should be reviewed at LUTC. Deputy Mayor Ferrell still requested a report back at the August 7, 2007 Council Meeting. Councilmember McColgan asked that Mr. Newton's concern regarding manufactured housing be reviewed at LUTC as well. 5. CONSENT AGENDA a. Minutes: Approval of the June 21, 2007 Special Meeting Minutes - Approved as Amended and July 3, 2007 Regular Meeting Minutes - Approved b. Acceptance to Reallocate Human Service General Funds - Approved c. Interlocal Agreement with Puget Sound Educational Service District relating to Funding for Reinvesting in Youth - Approved d. Thompson Property/Cedar Grove Park Final Contract Amendment and Project Acceptance Approved e. Community Center Final Contract Amendment and Project Acceptance - Approved f. Lake Lorene 50% Design and Authorization to proceed to 85% - Request to Combine with Lake Jeanne Project - Approved g.. Resolution: Setting the Public Hearing for 2008-20 13 Transportation Improvement Program - Approved - Resolution #07-501 h. Grant Funding for the Transportation Improvement Program - Approved 1. City Center Access Draft Public Involvement Plan - Approved City of Federal Way City Council Regular Meeting Minutes July 17, 2007-Page4 of8 Mayor Park pulled Consent Item a. MOTION: Deputy Mayor Ferrell moved approval of consent items b-i. Councilmember McColgan second. The motion carried 7-0. MOTION: Consent Item a: Mayor Park asked that the July 21, 2007 Special Meeting Minutes be amended to state the purchase and sale price for the west parcel of the Transit Center was $500,000, not $50,000. Deputy Mayor Ferrell second. The motion carried as amended 7-0. 6. COUNCIL BUSINESS a. Appointments to Diversity Commission MOTION: Councilmember Burbidge moved to appoint Chris Brown to the Diversity Commission to fill an unexpired term through May 31, 2008 and Joy Thomas to a regular appointment expiring May 31, 2010. Councilmember Kochmar second. The motion carried 7-0. b. Appointments to Ethics Board MOTION: Mayor Park moved to appoint Rick Agnew to a regular position on the Ethics Board with a term expiring June 30, 2010 and appoint Ramona Brandes as an alternate with a term expiring June 30, 2010. Councilmember Dovey second. The motion carried 7-0. c. Vouchers MOTION: Councilmember Faison moved approval of the vouchers as presented. Councilmember Kochrnar second. The motion carried 7-0. d. May Ame-Monthly Financial Report MOTION: Councilmember Faison moved approval of the May Financial Report. Councilmember Dovey second. The motion carried 7-0. (Please note: the agenda listed this item as the June Financial Report in error). e. Emergency Equipment - Cary Roe Assistant City Manager Cary Roe discussed the need for additional equipment to address emergencies and reminded the Council of the problems encountered during last year's wind storm. Mr. Roe stated his intent is to use unallocated REET funds and grant programs. MOTION: Councilmember Dovey moved to authorize staff to purchase the additional emergency equipment (listed in the agenda materials) using unallocated REET, plus $100,000 grant program and $55,000 for a second generator. Deputy Mayor Ferrell second. The motion carried 7-0. f. Hearing Examiner Contract Approval MOTION: Councilmember Dovey moved approvaL of the award of the Hearing Examiner's contract to Phil Olbrechts and authorize the City Manager to execute the necessary contract documents. Councilmember Kochmar second. The motion carried 7-0. City of Federal Way City Council Regular Meeting Minutes July 17, 2007 - Page 5 of 8 g. Approval of Interagency Agreement between State Department of Personnel and City of Federal Way to Reimburse for Services for the Diversity Commission Retreat MOTION: Councilmember Burbidge moved approval of Option 1 - Authorizing the City Manager to enter into an Interagency Agreement with the Washington State Department ofPersonneI to reimburse for services provided by FLT Consulting for the Diversity Commission's retreat scheduled for July 31,2007. g.2 ADDED ITEM: Saghalie Park Soccer Field Bid Award Park Planner/Development Manager B. Sanders explained the addition to the agenda stating the expedited process will allow the City to have construction complete during the dry weather and reduce the impact to the youth soccer season. Ms. Sanders outlined costs of the field and stated that staff recommends awarding the contract to Atlas Track and Tennis. MOTION: Councilmember Burbidge moved adoption of the amended budget for the SaghaliePark Soccer Field as shown to include a $55,000 donation from the Federal Way Soccer Association and a $6;000 transfer from unallocated Park CIP funds for a total budget of$978,000; authorize the City Manager to sign a contract with Atlas Track and Tennis, for $841,358.37; establish a contingency of 10% and include design and construction management fees, for a total project cost of$977,650.21. Councilmember Kochmar second. The motion carried 7-0. h. Celebration Park Maintenance Building Councilmember McColgan reminded the public that he was the Councilmember who asked that this vote be postponed from the March 20, 2007 Council meeting until after the May 15, 2007 School Bond vote in order to determine if a joint facility would be viable to consider. Councilmember McColgan stated that he is satisfied that due diligence is complete, staff researched the issue thoroughly and he is ready to vote. MOTION: Deputy Mayor Ferrell moved to accept the Celebration Park maintenance building plan and authorize staff to bid the project utilizing the Small Works Roster and return to full Council to award the bid to the most responsive, responsible bidder. Councilmember Burbidge second. The motion carried 7-0. 1. Select Preferred Developer for the AMC Theater Site - Economic Development Director Patrick Doherty reviewed the process/discussions to date: · reviewed the RFQ/RFP vision for the site; · summarized the proposals presented; · reviewed issues/questions raised at prior meetings; · reviewed the market and financial feasibility of the proposed projects; · defined "life-style retail"; · reviewed phasing questions; · presented photos of previous projects by both developers. Mayor Park asked Council to ask questions only and refrain from expressing opinions regarding the proposals until after all questions were answered. Deputy Mayor Ferrell asked if the Symphony development could go forth without the apartment component. Mr. Doherty stated United Properties has indicated that they could, however that raises questions about the absorption time and risks. This is in area that can be negotiated. City of Federal Way City Council Regular Meeting Minutes July 17,2007 - Page 60f8 Deputy Mayor Ferrell asked if there were any pre-cast concrete condo/apt buildings in Washington that Council could tour. Representatives from the Symphony proposal stated they have one in Vancouver, B.c. but not in Washington. He further stated that the use of pre-cast concrete buildings is not new; their use in residential properties is new. Councilmember McColgan asked if the movie theater proposed in the Steel Lake Village proposal could be developed for other uses in light of the recent Century Theater opening in the Commons. Mr. Doherty stated it could be developed for other retaiVoffice uses. Councilmember Kochmar asked if the park proposed for the Symphony project is part of the first phase. Mr. Doherty stated 2/3 to 3/4 of the park is planned in the first phase. Councilmember Dovey asked about having apartments and condos in the same buildings. Mr. Doherty stated that is not how it is usually done; if it is mixed use usually apartments are in one building - condos in the other. He did state that mixed residential does exist and he could try and get the names of some of those developments. Councilmember Dovey asked about crime rates and if most calls for service were in multi-family or single- family zones. Police Chief Brian Wilson stated that the number of calls for service is higher in multi-family zones because the density is higher. Crime prevention can be addressed through environmental design. · Council DiscussionlDecision Councilmember Faison stated the Council needs to understand the Federal Way Market All seven responses to the Request for Proposals (RFP) came back stating that the residential competent is high and would have supporting retail and office space. A 4.5 acre site development is not going to solve all the problems facing the City. He believes there is room for both types of projects in downtown just not on this site. Both plans provide for flexibility. The question is which plan best meets the comprehensive plan vision and the qualifications published the Request for Qualifications (RFQ)? Councilmember Faison stated he believes that developer is United Properties. Councilmember McColgan stated that in Council discussions with Leland Consultants they indicated the market was right for "lifestyle retail" yet all seven proposals came in without that component. Regardless, he feels the Council should continue the goal of creating a healthy robust sales tax base. Councilmember McColgan stated he does not like the apartment component of the Symphony project and likes the increased retail component of the Steel Lake Village proposal. Councilmember Dovey stated over the last several months, Council has engaged the public and consultants regarding this project. He believes a mistake was made when Council allowed the "lease and own" component to be placed in the RFQ. ." MOTION: Councilmember Kochmar moved to suspend the rules to allow the meeting to go past 10:00 PM. Councilmember McColgan second. The motion carried 7-0. Councilmember Burbidge stated one development is not going to achieve all of the City's goals but will lead the City in the right direction. She does not share the negativity she has heard regarding apartment living. The Symphony project offers a wide range of income levels. Councilmember Kochmar stated Federal Way is not a microcosm onto its-self and we need to plan regionally. She addressed the Puget Sound Regional Council's 20/40 plan that addresses what core cities, as Federal Way is defined, are expected to absorb. She stated that "going vertical" accommodates our expected growth and she believes there is room for both types of projects within the downtown core, just not on this site. City of Federal Way City Council Regular Meeting Minutes July 17, 1007-Page 7of8 Mayor Park stated that one project will notsatisfy everyone or everything. Both projects have flexibility built into them and it is important to remember that whichever developer is chosen, the City will still negotiate with them to refine the plan. Deputy Mayor Ferrell strongly feels that the Symphony project does not meet the vision previously discussed regarding life-style retail. He believes that the Steel Lake Village project will best meet the vision. Councilmember Faison reminded the Council and the public that all seven members of the City Council approved the Request for Qualifications. He stated "life-style retail" is the ultimate goal but this site is too small to accommodate it. Councilmember Dovey stated the City will develop the best possible project regardless of which proposal is selected. Councilmember Burbidge stated that a combination of apartments/condos can work and United Properties offers a strong financial incentive. MOTION: Councilmember Faison moved to direct the City Manager and staff to begin exclusive negotiations with United Properties, leading to a draft Disposition and Development Agreement "DDA" to be presented to the City Council for approval. Detailed due diligence shall be conducted of this RFP respondent with corresponding findings to be presented in tandem with the proposed DDA for Council approval. Councilmember Burbidge second. Discussion: Mayor Park stated that in making his decision he will look at which proposal will best benefit the city overall both financially and in terms of quality of life. Councilmember McColgan stated he will vote against the motion. He prefers the Steel Lake Village Project. VOTE: United Properties Proposal Approved 4-3; Councilmembers Dovey, McColgan and Deputy Mayor Ferrell dissenting Mayor Park thanked the citizens who participated in these discussions and voiced their opinions. 7. COUNCIL REPORTS Councilmember Burbidge stated the Symphony Garden Tour will take place on July 21,2007 from 10 AM to 5 PM. Mayor Park reported that he and City Manager Beets will meet with State Legislators on Tuesday, July 24, 2007 and the next Annexation Outreach meeting will be held on Thursday, July 26, 2007. 8. CITY MANAGER REPORT City Manager Beets stated Council will adjourn to Executive Session on Potential Litigation pursuant to RCW 42.30.1l0(1)(i), expected to last approximately 15 minutes with no action. City of Federal Way City Council Regular Meeting Minutes July 17, 2007 - Page 8 of 8 9. EXECUTIVE SESSION Council adjourned to Executive Session at 10:32 PM a. Potential Litigation pursuant to RCW 42.30.110.(l)(i) 10. ADJOURNMENT Mayor Park adjourned the Regular Meeting at 11 :08 PM. ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: C<?-.!!NC!~_~~~!~~~_D~!E: Aug.~st 7, 20~?._____________________.________._.__________~_!~M #.:.. 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CANCELLATION OF AUGUST 21, 2007 CITY COUNCIL REGULAR MEETING POLICY QUESTION: Should the City Council cancel the second regular meeting in August? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: D Consent [8J City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: DEPT: .-.---..---..--.-------....--.---.-.-..-.-.-----.--.----~--------_._..____________......__________._.._._.___,._.__.__n_______________ Background: For the past several years, Council has cancelled its second meeting in August to allow for summer vacations for Councilmembers and staff. Options Considered: 1. Cancel the August 21, 2007 Regular Meeting 2. Conduct the August 21,2007 Regular Meeting ----------.--.-----...-----..-.--.----.--.-.--.----.-.-.-...-.....--.------------.-------. STAFF RECOMMENDATION: N/A CITY MANAGER ApPROVAL: N/A DIRECTOR ApPROVAL: N/A Committee N/A Council Committee COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move to suspend the Council Rules of Procedure for the purpose of canceling the August 21,2007 Regular Meeting. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ITEM #: 1211 COUNCIL MEETING DATE: 7, 2007 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Department of Ecology Stormwater Grant - FY 2008 Grant Funding Offer POLlCY QUESTION: Should the Council authorize staff to pursue a State Department of Ecology Stormwater Grant for $75,000 to be used to assist the City in implementing the new Phase II NPDES permit? COMMITTEE: NI A MEETING DATE: N/A CA TEGORY: o Consent [8] City Council Business o Ordinance o Resolution o o Public Hearing Other _~!-~~~_~~Q~!!J_y_:__~_~~l_~:_~~~!~~2_~:~~~~!i~~_~_~~~erM:~~~~~~m__ . . .......__..~~P!:~~~_l~~....~.~~_~s___...___.____________ Attachments: June 27th, 2007 letter from Ecology offering a grant of $75,000 and requesting the City submit a Grant Acceptance Intent Notice (GAlN) by August 31, 2007. Options Considered: 'L. __ A,fJ~ Ecology has $9 million to ~e to local NPDES Phase II jurisdictions and will be doing so via a $75,000 grant to each jurisdiction with no match required. Each jurisdiction must submit the attached GAIN notice by August 31st or forfeit the grant monies. The grant can only be used to assist the City in implementing the new NPDES Phase II permit requirements. A formal agreement will be worked out with Ecology in the Fall outlining how the City intends on spending the monies. This agreement will be brought back to Council before execution. 1. Authorize staff to submit the required GAIN by August 31, 2007 formally accepting the offer of grant assistance in the amount of $75,000. 2. Do not authorize staff to submit the GAIN and provide direction to staff. ____.._._._._'-____.____..._.._...._.~_._.._..._.._...._........._.__.__._..__________.____..____._.._.__.__._._______.______._.__..___.~__..._.____._.__m_.____._..._.___._......_..__........______._......._.....__.__..........___.-----..----~.---_._-- STAFF RECOMMENDATION: Staff recommends forwarding Option 1 above to the August 7,2007 Council Consent Agenda for approval. CITY MANAGER ApPROVAL: ~il DIRECTOR ApPROVAL: fJ11tA.. Committee /YW\ Council COMMITTEE RECOMMENDATION: Due to the cancellation of the August 21,2007 City Council meeting and the August 31,2007 deadline to accept grant monies, this topic was sent directly to the City Council for approval. N(A N/A Ntf Jac Dovey, Chair Linda Kochmar, Member Dean cColgan, Member PROPOSED COUNCIL MOTION: "I move to authorize Surface Water Management staff submit the GAIN notice to the State Department of Ecology by August 31, 2007 formally accepting the offer of grant assistance in the amount of$75,OOO." (BELOW TO BE COMPLETED BYClTYCLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # RECEIVED JUL - .22007 PUBLIC WORKS DEPARTMENT STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 · Olympia, WA 98504-7600 · 360-407-6000 711 for Washington Relay Service · Persons with a speech disability can caI/877-833-6341 June 27, 2007 Mr. Paul Bucich Surface Water Manager City of Federal Way PO Box 9718 Federal Way, W A 98063-9718 RE: Local Government Stormwater Grants Program FY 2008 - Grant Funding Offer Dear Mr. Bucich: lam pleased to inform you that your community has been identified for a grant offer up to $75,000 from the Department of Ecology's (Ecology) new Local Government Storm water Grants Program. The 2007 Washington State Legislature provided $9 million for this grant program from the Local Toxics Account. Because ofthe nature of the appropriation, all funds must be obligated in a grant agreement and spent for high-priority projects, such as yours, by .Jane 30, 2009. This offer is contingent on Ecology receiving a Grant Acceptance Intent Notice (GAIN) by August 31, 2007. If you are not able to demonstrate your intent to accept this grant, the funds will be made available to other local governments. The purpose of the Local Government Stormwater Grants Program is to provide grants to local governments throughout Washington State for the following: A. Implementation of Phase II municipal stormwater National Pollutant Discharge Elimination System(NPDES) permits. B. Stormwater source control fot toxics in association with clean up of contaminated sediment sites. C. Stormwater source control programs for shellfish protection districts where stormwater is a significant contributor. Key Provisions of the Funding Guidelines and the Offer List for this program can be found at: http://www.ecy.wa.gov/programs/wq/funding/2008/index.htm Ecology has defmed local governments being offered grants as "Designated Local Governments." Funds are offered to Designated Local Governments in the following order: 1. Primary Phase II Permit recipients not awarded grants under the Phase II Stormwater Management Grants Program, FY 2006. 2. Secondary Phase II Permit recipients. 3. All active Shellfish Protection Districts established under Chapter 90.72 RCW, which propose to develop or enhance a stormwater source control program.. 4. Local governments covered by the Phase I municipal stormwater permit. ...... \) Mr. Bucich June 27, 2007 Page 2 5. If funds remain, offers up to $75,000 each will be made to prospective secondary Phase II permit recipients that submit a Notice ofIntent (NOI) by August 1,2007, to accept a. Phase II Stormwater NPDES permit. Designated Locaf Governments are strongly encouraged to form partnerships to address issues of common concern and economies of scale~ Grants in multiples of $75,000 will be issued to the "lead partner" who will collaborate and coordinate with other partners. Prospective grant recipients should recognize that other local governments in the area may be of assistance. Local or regional citizen groups, environmental groups, etc., can also assist with stormwater management programs. Partnership grants are also efficient for both local governments and Ecology, because such grants may be more ably processed and administered. In order to accept this funding offer, a Grant Acceptance Intent Notice (GAIN) must be completed and received by Ecology no later than August 31, 2007, by 5:00 pm: Department of Ecology, Water Quality Program Financial Management Section (Att: Shawna Beers) PO Box47600 Olympia, W A 98504-7600 E-mail: sbee461@ecy.wa.gov Phone: (360) 40T.6502 FAX: (360) 407-7151 A sample of the GAIN form is available in Microsoft Word and PDF format at: http://www.ecy.wa.gov/programs/wq/funding/funding.html. You may FAX or e-mail your GAIN as an attachment. The sooner Ecology receives your documentation, the sooner we can award your grant. Once you have submitted your GAIN, an Ecology project manager will be assigned and . contact you or a member of your staff. We also ask that if you are unable to use this offer that you let us know in writing as soon as possibl~, so funds can be offered to other communities. Please note: Grant Acceptance IntentNotices are distinguished from Notices of Intent only because many Phase II Storm water NPDES permit recipients may have only recently submitted Notices of Intent to accept their permits. If you are a representative of a Shellfish Protection District, please note on your GAIN your intent and ability to substantively initiate or enhance an existing stormwater source control program by June 30, 2009. Thank you for your continued efforts to improve and protect Washington's water quality. Please contact Dan Filip.at (360) 407-6509 or dfil461@ecy.wa.govifyou have any questions or concerns. Sincerely, ()~C~ David C. Peeler, Program Manager Water QualitY Program DCP:DSF:smb Enclosur.e SUBMIT AS SOON AS POSSIBLE AND NO LATER THAN AUGUST 31,2007 (GAINs may be sent by FAX or via e-mail as an attachment.) June 27,2007" Example "Grant Acceptance Intent Notice" (GAIN) Formally Accepting the Offer of Grant Assistance from the Loc(ll Government Storm water Grants Program, FY 2008 Please Note: This GAIN does not replace a formal agreement. A formal grant agreement must be signed by the prospective grant recipient and Ecology before eligible costs are incurred. Project Title: Applicant(s), including partner "Designated Local Government"l Names (City, Town, Couniy, Port District, SheUftsh Protection District): Name of Lead Local Government2 Signatory (Please Print): Signature: Name of Lead Local Government Staff Contact: Title:. Telephone Number: Email Address: Mailing Address: The following is a NON-BINDING list of elements your project may include: (optional) o o o o o Stormwater source control for toxics in association with clean-up of contaminated sediment sites. Stonnwater sOurce control programs for shellfish protection distriCts where stormwater is a significant contributor. Conducting inventories of stormwater sources. Establishing and refining stormwater utilities (including stable rate structures, developing stormwater ordinances and regulations, initial staffing, and other capacity building activities for stormwater management. Review existing and model storm water regulations. . Mapping or geographic information systems of stormwater sources. Source controls such as erosion control projects involving plantit.1gs, drain stenciling, inspections, and public information and communication. Identification and removal of illicit stormwater discharges into municipal separate stonn sewer systems. Completing detailed plans, for example, general stormwater management plans, engineering reports or facilities plans (including financing options and choices). Other activities consistent with Legislative provisos for this program, which can be completed within the June 30,2009, timeline. (Please list these activities). o o o o o Questions about the program, example, etc., contact: Dan Filip (360) 407.,6509 Department of Ecology Water Quality Program P.O. Box 47600 Olympia, W A 98504-7600 FAX (360 407-7151 or Emai1: dfil461 Where to submit form: Shawna Beers (360) 407-6502 Department of Ecology Water Quality Program P.O. Box 47600 Olympia, W A 98504-7600 FAX (360) 407-7151 or Emai1: sbee46l I Ecology has defined local governments being offered grants as "Designated Local Governments." 2 Ecology encourages "Designated Local Governments" to partner together as they develop GAINs and grant agreements, share expertise, achieve economies of scale, etc. If local governments partner, please appoint one "Lead" for grant administration.