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Council MIN 07-15-2008 Regular FEDERAL.WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 15, 2008- 7:00 PM (www.cityoffederalway.com) Minutes 1. CALL MEETING TO ORDER Mayor Dovey called the regular meeting of the Federal Way City Council to order at the hour of7:02 pm. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jeanne Burbidge, Dini Duclos, Jim Ferrell, Linda Kochmar, and Mike Park. Staff present: City Manager Neal Beets, Deputy City Attorney Aaron Walls, and City Clerk Laura Hathaway. 2. PLEDGE OF ALLEGIANCE Former Federal Way City Clerk Chris Green led the flag salute. 3. PRESENTATIONS Certification of Appreciation - Outgoing Diversity Commission Member Suzanne Smith-Councilmember Burbidge read and presented the certificate to Ms. Smith who accepted the certificate. Mayor Dovey presented a certificate on behalf of the Council to City Clerk Laura Hathaway in appreciation of her work at the City. He announced this would be Ms. Hathaway's last day as she will be joining her husband in relocating to Nevada. He thanked Laura and wished her good luck in the future. City Manager Emerging Issues . Introduction of New Employees- City Manager Beets noted there were no new employees to introduce. . Fourth of July Update- Chief Wilson gave a brief report to Council on calls for service and fireworks enforcement. 4. CITIZEN COMMENT Jayne Zern. Diversity Commission Chair, spoke to thank outgoing Diversity Commissioner Suzanne Smith for the work she has done on behalf of the citizens of Federal Way. Betty Tavlor spoke in concern over the availability of scooters at the Commons Mall. She noted she has spoken with the Attorney General's office on the subject and is also hoping to meet with state and local legislators. She stated she would report back to Council on this matter. Federal Way City Council Regular Meeting Minutes July 15, 2008 - Page 2 of 5 H. David Kaplan, spoke in praise of City Clerk Laura Hathaway, and thanked her for her knowledge and pleasant disposition with citizens. He wished her "good luck" on her move to Nevada with her family. Dianna Noble Gulliford, spoke in support of the Historical Society and the projects they are currently working on. Marie Sciacqua, reported on the Federal Way Historical Society's upcoming book on the history of Federal Way. She encouraged citizens to pre-order a copy. Donald Barovic, spoke to thank the Police and Fire Department on their attention at a recent motorcycle accident. He would like to see additional requirements on protective clothing for motorcyclists. Mr. Barovic also inquired as to who will be replacing Paul Bucich, Surface Water Manager. 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 1, 2008 Regular Meeting-Approved b. 2008/2009 Diversity Commission Business Plan Approved c. Amendment to Diversity Commission By-laws- Approved d. Wildwood Playground Replacement -Pulled by Burbidge e. Community Center Cafe Request to Bid- Approved f. Historical Society Lease Agreement - Pulled by Dovey g. King County Special Property Tax Levy Agreement- Approved h. Contract with CTED for partial funding ofthe West Hylebos Wetlands Boardwalk Project- Approved 1. Resolution: S. 320th Place Preliminary Plat Small Lot Demonstration - Approved Resolution #08-529 J. Resolution: Brighton Park Final Plat Approval- Approved Resolution #08-530 k. Resolution: Setting the Public Hearing Date for the Vacation of a portion of South 320th Street- Approved Resolution #08-531 1. Grant Funding for Transportation Projects- Approved Councilmember Burbidge pulled consent item (d)- Wildwood Playground Replacement. Mayor Dovey pulled consent item (f) - Historical Society Lease Agreement. COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT AGENDA ITEMS (a), (b), (c), (e), (g), (h), (i), (j), (k) AND (I) AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously. Consent Item (d) - Wildwood Playground Replacement: Councilmember Burbidge noted the item before Council is slightly different than what passed through the Committee level. Federal Way City Council Regular Meeting Minutes July 15, 2008 - Page 3 of 5 COUNCILMEMBER BURBIDGE MOVED APPROVAL OF CONSENT ITEM (d) - WILDWOOD PLAYGROUND REPLACEMENT AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously. Consent Item (f) - Historical Society Lease Agreement Mayor Dovey asked staff for the specifics of the lease agreement and any provisions for a "worse case scenario" if the Historical Society is unable to fulfill the terms ofthe agreement by the deadline of August 30, 2009. Deputy City Attorney Aaron Walls clarified the terms of the contract and noted several options the city could take in that event. MAYOR DOVEY MOVED APPROVAL OF THE HISTORICAL SOCIETY LEASE AGREEMENT AS PRESENTED; COUNCILMEMBER BURBIDGE SECOND. The motion passed unanimously: 6. CITY COUNCIL BUSINESS DEPUTY MAYOR FAISON MOVED TO AMEND THE AGENDA TO PLACE ITEM 6(b) BEFORE ITEM 6(a) ON THE AGENDA; COUNCILMEMBER KOCHMAR SECOND. The motion passed unanimously. b. Extension Request - United Properties/Symphony Project Economic Development Director Patrick Doherty gave a brief presentation on the United Properties request to an extension of the Symphony project. Mr. Doherty explained due to tightening in the financing world, United Properties would like to extend the deadline and is willing to pay the yearly carrying costs of $150,000 beyond the original date of September 11, 2008. This amount will pay for the interest on the loan for the purchase of the site as well as incidental service charges for continued sewer and water hook-up. Many Councilmembers also expressed interest in having a Veteran's Memorial in the design of the plaza. The design consultant seemed very responsive to that idea and identified a potential place for locating a pavilion. COUNCILMEMBER KOCHMAR MOVED TO AUTHORIZE THE CITY MANAGER TO PREPARE A DRAFT AMENDMENT TO THE AGREEMENT THAT APPROVES UNITED PROPERTIES' REQUEST FOR AN EXTENSION OF THE LATEST CLOSING DATE BY UP TO ONE YEAR AND CONTAINS THE FOLLOWING PROVISIONS: (a) UNITED PROPERTIES SHALL DEPOSIT IN ESCROW OF A CHECK FOR $150,000 UPON EXECUTION OF THE AMENDMENT. UPON CLOSING OR BY 9/11/09, THAT PORTION OF THE $150,000 THAT REPRESENTS A PRORATED SHARE OF THE 12-MONTH CARRYING COSTS SHALL BE PAID TO THE CITY.; AND (b) UNITED PROPERTIES SHALL MAKE QUARTERLY REPORTS TO THE CITY COUNCIL ON PROGRESS ASSOCIATED WITH PERMITTING; MARKETING; PURSUIT OF, AND/OR COMMITMENTS FOR, FINANCING; SECOND BY DEPUTY MAYOR FAISON. The motion passed unanimously. a. Regional Jail Facility Discussion Police Commander Stan McCall reviewed for Council a briefPowerPoint presentation outlining the different options of a Regional Jail Facility. Commander McCall noted three options including (a) building a Federal Way City Council Regular Meeting Minutes July 15, 2008 - Page 4 of 5 Misdemeanant Jail facility in conjunction with the current City Hall property; (b) participate with other Valley Cities in a Regional Misdemeanant Jail Initiative (SCORE); or (c) maintain current Jail Contract options. After reviewing costs and options, Council concurred participating in the SCORE facility would make the most sense both logistically and financially. Commander McCall noted there are several different models being considered by the coalition regarding financing options and usage of the bed space. Currently the Police Department will continue to utilize the contracted bed space at a variety of places including Yakima and King County. Councilmembers also noted they prefer a facility located outside of the City. COUNCILMEMBER PARK MOVED IN SUPPORT OF FUTHER >DISCUSSION AND INVOLVEMENT WITH THE REGIONAL SCORE FACILITY; SECOND BYCOUNCILMEMBER FE~LL.Jbe motion passed unanimously. c. City Manager Evaluation DEPUTY MAYOR FAISON MOVED APPROVAL OF THE CITY MANAGER'S PERFORMANCE EVALUATION FOR THE PERIOD OF AUGUST 1,2007 TO JULY 15,2008 AS PRESENTED; SECOND BY COUNCILMEMBER KOCHMAR. Deputy Mayor Faison reviewed the areas in which City Manager Beets rated Outstanding, Exceeds Standards, Meets Expectation and Areas of Improvement. Overall Deputy Mayor Faison noted Mr. Beets is meeting expectations and looks forward to working with the City Manager in the next year. The main motion passed unanimously. DEPUTY MAYOR FAISON FURTHER MOVED APPROVAL TO INCREASE THE BASE SALARY OF CITY MANAGER NEAL BEETS BY 2% EFFECTIVE AUGUST 1,2008; COUNCILMEMBER FERRELL SECOND. The motion passed unanimously. 7. INTRODUCTION ORDINANCES a. Federal Way Village Rezone Ordinance Amendment An Ordinance of the City Council of the City of Federal Way, Washington, adopting amendments to Ordinance No. 07-556, amending Ordinance 05-490, relating to the conditions of zoning approval for Federal Way Village (aka Kitts Corner). (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442,04-460,04-461,04-462,05-490,05-491,05-492,07-556). Councilmember Duclos recused herself from this item. COUNCILMEMBER KOCHMAR MOVED FEDERAL WAY VILLAGE REZONE ORDINANCE AMENDMENT TO SECOND READINGIENACTMENT AT THE AUGUST 5,2008 REGULAR COUNCIL MEETING; COUNCILMEMBER FERRELL SECOND. The motion passed 6-0; Councilmember Duclos recused. Federal Way City Council Regular Meeting Minutes July 15, 2008 - Page 5 of 5 8. CITY COUNCIL REPORTS Councilmember Ferrell had no report this evening. Councilmember Kochmar reported the sign code discussion will be on the next agenda of the Land Use/Transportation Committee on July 21,2008 at 5 :30 pm in Council Chambers. She further thanked all staff and Police who worked on the Red, White, and Blues Festival, which was a wonderful event on all accounts. She encouraged citizens to participate in the upcoming Kiwanis Salmon Bake at Steel Lake Park and update qouncil on her attendance at regional meetings. Councilmember Duclos reported she will be attending the Joint Recommendation Committee (JRC) retreat as it has been rescheduled to July 24,2008. She also reported on the increasing number of people using the Food Banks; she urged citizens to contribute with the increase in demand due to the state of the economy. Councilmember Park announced the next meeting ofthe Finance/Economic Development! Regional Affairs Committee would be held July 22,2008 at 5:30 pm, and reported he plans on attending the Regional Law, Safety and Justice Committee on July 31. Councilmember Burbidge announced the next meeting of the ParkslRecreationlHuman Services! Public Safety Committee on August 12, 2008. She extended "kudos" to the staff, Police Department and volunteers for the Red, White and Blues Festival; she remarked it was a wonderful event for all. She further announced she recently attended the Puget Sound Regional Council Transportation Policy Board meeting and the South County Area Transportation Committee meeting where Sound Transit's light rail was discussed. She also encouraged citizens to attend the many wonderful, upcoming community events. Deputy Mayor Faison had no report this evening. Mayor Dovey reported on a letter he received from the League of Women Voters reporting on public transportation usage. He also received a thank you letter from our sister city the City of Hachinohe, Japan regarding a recent visit of students to Federal Way. 9. CITY MANAGER REPORT City Manager Beets had no report this evening. 10. ADJOURNMENT There being nothing further to come before the Federal Way City Council, Mayor Dovey adjourned the regular meeting at 8:55 p.m.