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Council MIN 08-05-2008 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall August 5,2008-7:00 PM (www.cityoffederalway.com) SUMMARY 1. CALL MEETING TO ORDER Mayor Dovey called the regular meeting to order at the hour of 7:02 pm. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmember Jeanne Burbidge, Councilmember Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar and Councilmember Mike Park. Staff present: City Manager Neal Beets, City Attorney Pat Richardson, and Deputy City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Citizen Roy Parke led the flag salute. COUNCILMEMBER KOCHMAR MOVED TO AMEND TONIGHT'S AGENDA TO ADD ITEM 7(C) PROPOSED SETTLEMENT AGREEMENT; DEPUTY MAYOR FAISON SECOND. The motion passed unanimously. 3. PRESENTATIONS . Certificate of Recognition - Federal Way Reign '94- National Champions (UB) . Certificate of Recognition - Federal Way Reign '93- National Champions (U14) Mayor Dovey congratulated the Federal Way Reign '94 and Federal Way Reign '93 for their recent National Championship victory. He announced each player by name and presented them with a certificate recognizing their achievement. · Proclamation- National Walkfrom Obesity Day Deputy Mayor Faison read and presented the proclamation for National Walk from Obesity Day. Janelle Morissette, Project Manager from St. Francis Hospital Center for Weight Management accepted and thanked Council. . City Manager Emerging Issues - Introduction of New Employees - Two items: City Manager Beets extended kudos to the Clerk's Office and Deputy City Clerk Krystal Roe for implementing a paper-saving idea with the Council packet by decreasing the number of copies made by 1,700 sheets of paper per Council meeting, thereby eliminating duplicate information that has already been through a Council Committee. Mr. Beets further announced the citizen survey is out in the community. There will be three phases of the survey including mail-in surveys, phone surveys, and on-line surveys. He directed anyone with questions regarding this survey to contact the City Manager's Office. ORI GINAL Federal Way City Council Meeting Minutes August 5, 2008 - Page 2 of 5 4. CITIZEN COMMENT H. David Kaplan, spoke regarding the City Center Access Road stakeholders group, he believes the citizens need to be in on all the options from the beginning. Bob Wroblewski, Vice-Chair of the Human Services Commission spoke in support of the item 5(e)/ 2009-2010 Community Development Block Grant (CDBG) Program. Betty Taylor, updated Council on her campaign to update the mobility scooters at the Commons Mall. She was happy to announce the Mall has agreed to purchase new baskets and new batteries for the scooters which will help those who utilize them. Roy Parke, made negative comments to Council regarding issues with his prior property and various city employees. Donald Barovic, spoke in concern over drivers tossing lit cigarettes from their car windows which could potentially end with fires. He also asked the city to look into storm drains to keep water out of the Hylebos. Marylyn Gates. Tom Brunner. Lori Devore. Justin Sanner. Sam Pace. Angela McGregor. Dan Wingard. Robert Almeda all asked Council to re-Iook at the current city sign code in relation to temporary signs such as open house signs and home for sale signs. 5. CONSENT AGENDA a. Minutes: Approval of the July 15,2008 Regular and Special Meetings -Approved b. June 2008 Monthly Financial Report -Approved c. Approval of Vouchers-Approved d. Interlocal Agreement with the State Administrative Office of the Courts -Pulled & Approved e. 2009-2010 Community Development Block Grant (CDBG) Program -Pulled & Approved f. ORDINANCE: Federal Way Village Rezone Ordinance Amendment -Pulled & Approved/Ordinance #08-581 g. North Maintenance Yard Parking Lot Paving Bid Award -Approved h. Interlocal Agreement between the State of Washington Department of Ecology ("DOE") and the City of Federal Way for Sea Lettuce Removal in Dumas Bay -Approved DEPUTY MAYOR FAISON MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER KOCHMAR SECOND. .' Councilmember Duclos pulled items e & f. Councilmember Ferrell pulled item d. The main motion to approve items a, b, c, g, and h passed unanimously. Consent Item dlInterlocal Agreement with the State Administrative Office of the Courts: Councilmember Ferrell recused himself from this item. DEPUTY MAYOR FAISON MOVED APPROVAL OF ITEM (d)/INTERLOCAL AGREEMENT WITH THE STATE ADMINISTRATIVE OFFICE OF THE COURTS AS PRESENTED; SECOND BY COUNCILMEMBER PARK. The motion passed unanimously 6-0. Federal Way City Council Meeting Minutes August 5, 2008 - Page 3 of 5 Consent Item e/2009-2010 Community Development Block Grant (CDBG) Program: Councilmember Duclos recused herself from this item. The motion passed unanimously 6-0. 6. PUBLIC HEARING a. 2009-2014 Transportation Improvement PlanlRESOLUTION Mayor Dovey read into the record the procedures to be followed for the public hearing and opened the public hearing at 7:56. Senior Traffic Engineer Rick Perez gave a brief presentation regarding the 2009-2014 Transportation Improvement Plan. No public comment received. Hearing no public comments, Mayor Dovey closed the public hearing at 8:03 pm. COUNCILMEMBER KOCHMARMOVED APPROVAL OF THE RESOLUTIO~; SECOND MADE BY COUNCILMEMBER FERRELL. The motion passed unanimously. RESOLUTION #08- 732 7. COUNCIL BUSINESS a. Signs in Public Right of Way Community Development Director Greg Fewins gave a presentation regarding the current sign code regulations and the proposed changes as discussed at the Land Use/Transportation Committee meeting. Mr. Fewins addressed Councilmembers various concerns regarding specific information that is given to business people to help in determining appropriate placement; the concern over free speech; the need for immediate relief; and the importance of ensuring the code regulations are content neutral. Councilmembers all concurred on the importance of establishing a stakeholder group. Mayor Dovey recused himself as he is a Federal Way business owner and his wife is a realtor. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE LAND USEITRANSPORTATION COMMITTEE RECOMMENDATIONS AS FOLLOWS: #1- APPROVE RECOMMENDED LUTC ADMINISTRATIVE CHANGES AND TO FURTHER EXPLORE GENERAL ACCESS TO THE GENERAL RIGHT OFW AYWITH REASONABLE RESTRICTION. (REDUCE RIGID ENFORCEMENT/CLARIFY RIGHT OF WAY; BETTER MANAGE CITY MAINTENANCE OF RIGHT OF WAY RELATED TO'ILLEGAL SIGN PICKUP; ESTABISH STAKEHOLDER GROUP.) #2- DIRECT STAFF TO PREPARE A CODE AMENDMENT ALLOWING A-FRAME SIGNAGE IN THE PUBLICRIGH OF WAY, AS PRESENTED BY STAFF IN THE "SUMMARY OF PERFORMANCE STANDARDS", AND AS THE NEXT HIGHEST PRIORITY IN THE 2008 PLANNING COMMISSION WORK PROGRAM; COUNCILMEMBER FERRELL SECOND. The motion passed unanimously 6-0; Dovey recused. b. Amendment to Interlocal Agreement with Coalition of Jurisdictions Appealing the NPDES Phase II Permit Deputy Mayor Faison recused himself. Federal'Way City Council Meeting Minutes August 5, 2008 - Page 4 of 5 COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE AMENDMENT TO INTERLOCAL AGREEMENT WITH COALITION OF JURISDICTIONS APPEALING THE NPDES PHASE II PERMIT; COUNCILMEMBER BURBIDGE SECOND. Motion to approve passed unanimously 6-0; Faison recused. c. Proposed Settlement Agreement (ADDED ITEM) Deputy Mayor Faison noted this is a settlement agreement with an employee based on an EOC complaint. The city will pay a portion of the claim and the insurance company will pay a portion. COUNCIL MEMBER ,KOCHMAR MOVED APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT AS PRESENTED; COUNCILMEMBER DUCLOS SECOND.. . The motion passed unanimously. 8. INTRODUCTION ORDINANCE a. South 348th Street at First A venue South Intersection Improvement Project Condemnation An Ordinance of the City Council of the City of Federal Way Washington, providingfor the condemnation, appropriation, taking and/or acquisition of certain real property and/or easements for the purpose of constructing and installing right-of-way improvements in the vicinity of South 3481h at ]'1 Avenue South intersection together with all appurtenances and related work necessary to make a complete improvement in accordance with the applicable city standards all within the City of Federal Way; and directing the City Attorney to file all necessary actions and proceedings in the manner provided by law for said condemnation COUNCILMEMBER KOCHMAR MOVED SOUTH 34STH STREET AT FIRST AVENUE SOUTH INTERSECTION IMPROVEMENT PROJECT CONDEMNATION ORDINANCE TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON SEPTEMBER 2, 2008; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously. 9. CITY COUNCIL REPORTS ,. ;, Councilmember Ferrell noted he attended the memorial for Officer Patrick Maher; he thanked the Police Officers for the sacrifices they make. He further noted he will be attending FUSION tomorrow from 3pm - 9pm; this event benefits transitional housing for women and children. Councilmember Kochmar reminded citizens of Chief Dan Packer's memorial service that will be held on Thursday at the Christian Faith Center. She also noted the POPS Symphony Concert on August 16th at Dumas Bay Centre and the 30th Anniversary of Centerstage Theater on August 26th. Councilmember Duclos reported she attended the Joint Recommendation Committee Retreat on July 24th where they discussed the history of the Committee including funding sources and requirements for both federal and state projects. . Councilmember Burbidge announced the August meeting of the ParkslRecreationlHuman Services/Public Safety Committee has been canceled so the next meeting will be September 9th. She noted she will be attending a South County Area Transportation Board Meeting with two other King Federal Way City Council Meeting Minutes August 5, 2008 - Page 5 of 5 County area sub-committees. She was happy to report Andrea Ortega who is the chair of the Youth Commission has begun a non-profit organization called GO GREEN OR GO HOME to promote environmental awareness in youth. Councilmember Burbidge also encouraged those citizens who have yet to file their taxes to do so to receive their rebate check; returns must be filed by October 15th to be eligible. Lastly, she announced there will be a meeting on August 12th at the Regional Library regarding Dash Point State Park and Salt Water State Park where public comment will be accepted, she urged interested citizens to attend. Councilmember Park announced the next meeting of the Finance/Economic Development/Regional Affairs Committee will be Tuesday, August 26,2008 at 5:30 pm. He also announced he would.be. ' , attending the Suburban Cities Association Board meeting on August 20, 2008. Deputy Mayor Faison noted he would be attending the Association of Washington (AWC)Legislative . Committee, and offered his condolences on the 1500 Weyerhaeuser employees who received notice today that they would be laid off. Mayor Dovey reported he recently met with seven area Mayors at Seattle Mayor Greg Nickels home where they discussed working collectively on one project for the region. He also met with Mayors from Auburn, Algona and Enumclaw who are looking to form a coalition similar to the Eastside cities. He further noted the Sister City trip is scheduled for October 11 th - 19th and there are still slots available for citizens; please contact Brook Lindquist in the City Manager's office if interested. 10. CITY MANAGER REPORT City Manager Neal Beets had no report this evening. He noted the Executive Session planned for this evening has been canceled. 11. EXECUTIVE SESSION a. Potential Litigation Pursuant to RCW 42.30.11O(1)(i) - canceled b. Collective Bargaining Pursuant to RCW 42.30. 140(4)(a) - canceled 12. ADJOURNMENT There being nothing further to come before the Federal Way City Council, Mayor Dovey adjourned the regular meeting at 8:41 pm. ATTEST: