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Council MIN 09-04-2007 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 4, 2007 -7:00 PM (www.citvofJederalwav.com) MINUTES ***** 1. MEETING CALL TO ORDER Mayor Park called the meeting to order at 7:04 PM - Councilmembers Burbidge, Dovey, Faison, Kochmar, and Deputy Mayor Ferrell present. Councilmember McColgan was excused. 2. PLEDGE OF ALLEGIANCE Councilmember Faison led the Flag Salute. 3. PRESENTATIONS a. Proclamation: Constitution Week Councilmember Burbidge presented to Peggy Eiseman, member of the Daughters of the American Revolution, a proclamation declaring September 17-23, 2007 as Constitution Week b. Presentation: Swearing-in Ceremony for Police Officers City Clerk Laura Hathaway performed the Swearing-in Ceremony for new officers. c. Presentation: Introduction ofK9 Officers and K9s Police Chief Brian Wilson introduced the City's K9 Unit. d. Presentation: King County Councilmember Pete von Reichbauer donation to the Han Woo Ri Festival King County Council member Pete von Reichbauer presented a check to the Han Woo Ri Festival Board in the amount of$50,000. Scott Brown accepted on behalf of the Han Woo Ri Festival. e. City Manager Emerging Issues: . Introduction of New Employees City Manager Beets introduced Linda Farmer: Community and Government Affairs Coordinator . Annexation Update City Manager Beets explained that the Annexation vote failed. Staff is looking into how the votes tallied by precinct. Federal Way City Council Regular Meeting Minutes September 4, 2007 - Page 2 of 5 . Call for Volunteers - Multi-Service Center and Long-term Care Ombudsman program Multi-service Center Director Dini Duclos introduced Rose Floyd the Adult Family Home Initiative Coordinator. Ms. Floyd explained that the Long-Term Care Ombudsman program assists residents in assisted living centers by becoming advocates for their needs including resolving disagreements with services, roommate conflicts, billing disputes and food complaints. She further explained that in the City of Federal Way there is a critical need for 15 ombudsmen. The program offers training and certification. Ms. Floyd left information on the program for the City Council and public. 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. Dennis Mason - spoke in support of the Homeowner and Band Protection Act of 2007 and left some information for the City Council. Jerry Galland - spoke regarding the recent failed annexation attempt and why he thought it failed and would fail again should the City attempt another measure. He asked that he be contacted in that event so he can be nominated to the Con Committee. Roger Freeman - Chair of the Human Services Commission, spoke in support of the 2008 CDBG Program. Deanna Heinrich - spoke in support of the 2008 CDBG Program. Norma Blanchard - asked what could be done about the abandoned shopping cart problem in the City and suggested having consumers put a deposit on the carts. Dick Mayer - thanked the Citizens and Council for their support of the recent Relay for Life Campaign and stated at total of$77 ,000 was raised this year. He presented a Bronze Sponsor plague to the City; Mayor Park accepted. H. David Kaplan - reported two code enforcement problems in the City; welcomed Linda Farmer to the City and said farewell to Community Development Director Kathy McClung. Julie Vance - spoke about the Symphony Project and while she thinks it will be an asset to the City she wonders about the surrounding areas. She asked the City to do something more to clean up the downtown area. Robert Yount - spoke about the squatter problem and asked the Council to do whatever necessary to empower the staffto deal with the problem. Bob Hitchcock - thanked Dini Duclos and Rose Floyd for alerting the public to the need for long-term care ombudsman. As President of the 2007 Festival Days Program, Mr. Hitchcock thanked city staff for their efforts in assisting with traffic and logistics and presented a framed autographed poster by Mickey Dolanz of The Monkees to the City Council. Federal Way City Council Regular Meeting Minutes September 4, 2007 - Page 3 of 5 Nancv Combs - asked for more Police throughout the City. Councilmember Kochmar asked that both the shopping cart issue and the squatter issue be addressed at the Public Safety Committee. 5. CONSENT AGENDA a. Minutes: Approval of the August 7, 2007 Regular Meeting Minutes b. June 2007 Monthly Financial Report c. Vouchers d. Resolution: Approval of Lakehaven Estates Preliminary Plat - Resolution 07-502 e. Authorization for Video Production Coordinator Position f. 2007/2008 Commute Trip Reduction (CTR) Contract with WSDOT g. 2007/2008 Commute Trip Reduction (CTR) Program Agreement with King County h. 2007/2008 Area Flexpass for City Hall Employees 1. Flashing Yellow Arrow Traffic Signals Follow-up J. Countdown Pedestrian Signals k. South 333rd Street at 1 st Way South Traffic Signal- Final Acceptance and Retainage Release I. Proposed Modifications to City Council Rules of Procedure - Sections 16 and 17 m. Red-light Photo Enforcement Pilot Program n. BearCat Armored Vehicle for Valley Special Response Team o. 2006 Fiscal Year Law Enforcement Terrorism Prevention Grant - Bomb Disposal Robot p. Interlocal Agreement Amendment for Capacity Partnership Program q. Approval of the 2008 CDBG Program Councilmember Burbidge pulled Consent Item q. MOTION: Deputy Mayor Ferrell moved approval of Consent Items a-p as presented. Councilmember Kochmar second. The motion carried 6-0 Consent Item q: Councilmember Burbidge recused herself as she serves on Boys and Girls Club Board of Directors MOTION: Councilmember Dovey moved approval of Consent Item q as presented. Councilmember Faison second. The motion passed 5-0 (Councilmember Burbidge recused). 6. PUBLIC HEARING Mayor Park opened the Public Hearing at 8:00 PM. a. 2008-2013 Transportation Improvement Plan . Staff Report Federal Way City Council Regular Meeting Minutes September 4, 2007 - Page 4 of 5 City Traffic Engineer Rick Perez reviewed the Plan and stated it is required to be updated annually in order to be eligible for State and Federal grant funding. Projects must be financially viable. Mr. Perez reviewed new projects, updated the status of on-going projects and reviewed the completed projects. Staff recommends approval of the 2008-2013 Transportation Improvement Plan as presented. · Public Comment - 3 minute limit H. David Kaplan - pointed out an error in the packet - the chart of projects was too small and several years are missing; he also asked if funding has been secured for the proj ects and also asked about the phasing for the City Center Access Project. Mr. Perez apologized for the printing error stating the chart should have been l1X17 which would have shown all the years; stated that 2007 and 2008 projects are consistent with the adopted budget and 2009 projects are consistent with long-range capital planning and addressed Mr. Kaplan's questions on phasing of the City Center Access project. · Resolution MOTION: Councilmember Dovey moved approval of the 2008-2013 Transportation Improvement Plan. Councilmember Burbidge second. The motion passed 5-1; Councilmember Faison dissenting. Resolution 07-503 7. INTRODUCTION ORDINANCES a. Amending Criminal Enforcement Penalty Provisions to FWCC Chapters 1 and 22 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CRIMINAL ENFORCEMENT PENALTY PROVISIONS OF CHAPTER 1, ARTICLE III AND CHAPTER 22, ARTICLE 1 OF THE FEDERAL WAY CITY CODE. 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 September 18, 2007 City Council Meeting. Deputy Mayor Ferrell second. The motion carried 6-0. b. Amending the Criminal Code of FWCC to Reflect Legislative Changes AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6 ARTICLE XI, SECTION 6-268 AND ARTICLE XII, SECTION 6-291 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY 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 September 18, 2007 City Council Meeting. Councilmember Kochmar second. The motion carried 6-0. Federal Way City Council Regular Meeting Minutes September 4, 2007 - Page 5 of 5 8. COUNCIL REPORTS Councilmember Burbidge updated the Council and Public on several upcoming community events including the Woman's Triathlon at Steel Lake Park and the Federal Way Chorale. Councilmember Kochmar thanked the staffwho participated in the Festival Days Celebration and Dick Mayer for his work with the Relay for Life event; she also reported on attendance at the 25th Anniversary of the Korean Women's Association event. Mayor Park reported that the next meeting of the Lodging Tax Advisory Committee is scheduled for September 14,2007 at 8:00 AM. 9. CITY MANAGER REPORT City Manager Beets stated that due to the Labor Day Holiday, the Land Use/Transportation Committee has been rescheduled to September 10, 2007. He also reported there will be a meeting to consider consultant selection for the performing arts center on September 7, 2007 at Dumas Bay Centre. Mr. Beets stated Council will convene to executive session expected to last one hour. 10. EXECUTIVE SESSION Council adjourned to Executive Session at 8:25 PM to discuss the following: a. Sale or Lease of Property pursuant to RCW 42.30.110(1)(c) b. Collective Bargaining pursuant to RCW 42.30. 140(4)(a) c. Evaluation of Public Employee pursuant to RCW 42.30.110 (l)(g) d. Potential Litigation pursuant to RCW 42.30.110(l)(i) MOTION: At 9:55 PM Mayor Park moved to suspend the rules and continue the Executive Session/Meeting past 10:00 PM. Deputy Mayor Ferrell second. The motion passed 4-0; (Councilmembers Dovey, Faison, Deputy Mayor Ferrell and Mayor Park). 11. ADJOURNMENT Mayor Park adjourned the meeting at 10:53 PM. ATTEST: