Council MIN 06-01-2010 Regular & SpecialCITY OF
,� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hall
June 1, 2010 - 5:00 PM
www. cityoffe deral wa y. com
1. CALL MEETING TO ORDER
Mayor Kochmar called the meeting to order at 5:03 pm.
Council members present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers
Jim Ferrell and Jeanne Burbidge.
Mayor Kochmar excused Councilmember Jack Dovey.
Councilmember Mike Park arrived at 5:05 pm. Councilmember Roger Freeman arrived at 6:00
pm.
2. EXECUTIVE SESSION
The Council adjourned to executive session at 5:03 pm for approximately 30 minutes to
discuss potential litigation pursuant to RCW 42.30.110(1)(i} and property acquisition pursuant
to RCW 42.30.110(1)(c). The Council adjourned from executive session at 5:31 pm.
3. OPEN HOUSE — 5:30 PM
Twin Development Concepts for former AMC Theater Site
The City hosted an open house where the City Council, city staff and representatives from Twin
Development were on hand to provide information and answer questions on Twin Development's
design concepts for the former AMC Theater Site. Economic Development Director Patrick
Doherty stated Twin Development is interested in obtaining the purchase and sale agreement for
the former AMC Theater site that is currently held by United Properties.
Mr. Doherty introduced Steve Smith of Twin Development who reviewed their proposed design
plan. The project will be three towers that will include a total of 760 units (approximately 700
condominiums and 60 hotel rooms), there will parking to accommodate one thousand vehicles,
and retail shops at the base of the towers. There will be an open space/public park area at the
ground level and a sky-lounge on top of one of the towers that will be open to the public as well.
City Council Minutes — June 1, 2010 Special Meeting Page 1 of 2
4. ADJOURNMENT
Mayor Kochmar adjourned the meeting at 6:40 pm.
Attest:
�, � � � '
Carol McNeilly, CMC ity CI
Approved by Council: June 15, 2010
Ciry Council Minutes — June 1, 2010 Special Meeting Page 2 of 2
c�rr oF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
June 1, 2010
7:00 PM
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Kochmar called the meeting to order at 7:02 pm.
Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers
Jim Ferrell, Mike Park, Jeanne Burbidge and Roger Freeman.
Mayor Kochmar excused Councilmember Jack Dovey.
2. PLEDGE OF ALLEGIANCE
Tim Burns led the pledge of allegiance.
3. PRESENTATIONS
a. Advancinq Leadership Board
Councilmember Burbidge, current Advancing Leadership Board Member, presented the
Council with a framed photograph from the 2010 Advancing Leadership graduating class.
Mayor Kochmar thanked the Advancing Leadership class.
b. City Manaqer Emerqinq Issues / Introduction of New EmploYees
Mr. Wilson introduced Scott Eatchel, the City's new Animal Services Officer.
Status of 2011/2012 Budget Process:
Mr. W ilson reported some of the media coverage regarding the 2010/2012 budget has
not been 100% accurate. The City is facing a 4.5 million dollar deficit in 2011and
2012. The City's Management Team is looking at ways to make reductions and
prioritize levels of service. These reductions will occur for both City Hall and the Police
Department. There will be no salary or wage increases for 2011/2012 and positions
frozen in the 2010 budget will not be filled. Mr. W ilson stated he will not be proposing
any increases in taxes in his budget proposal. Once a plan is established, the City will
conduct community meetings to share the proposed plan.
4. CITIZEN COMMENT
Mayor Kochmar stated public comment is scheduled for three areas on tonighYs agenda.
The first is Citizen Comment; the second is during item 6.a. a Public Hearing concerning
City Council Minutes — June 1, 2010 Regular Meeting Page 1 of 5
the vacation of right of way on 8` Avenue SW, and the third during item 7.b. a
presentation concerning the potential assignment of the former AMC Theater Site and
Twin Development design concept.
James Simpson A 7-year Federal Way resident, spoke against item 8.a. The proposed
gambling tax reduction ordinance that is before the Council.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before ful/ 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: May 18, 2010 Special and Regular Meeting -Approved
b. Vouchers-Approved
c. Monthly Financial Report-Approved
d. CB 539 Amendments to FWRC Title 18 "Subdivisions" and Title 19 "Zoning and
Development Code" -Approved Ordinance 10-660
e. CB 540 Amendments to FWRC Title 9"Animals" -Approved Ordinance 10-661
f. West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements
- 100% Design Approval and Authorization to Bid-Approved
� D�nifin I..lir.h�.��,v C�,� �+h 1..1l1\/ 1 �noc Dh�c�o 1\/ Rirl o,.,,r,� _postponed to June 15 �
2010
h. Capital Replacement Reserves for Federal Way Community Center Automated Pool
Vacuum-Approved
i. Surface Water Maintenance Management System - Authorization to Purchase-
Approved
j. Purchase of Document Scanner for Police/CIS -Approved
k. Spring Tourism Enhancement Grant Applications -Approved
RESOLUTION: Amending the 2010 Fee Schedule and Repealing Resolution No. 09-
567 (Regarding Animal Licensing) -Approved Reso/ution 10-585
MOTION: Deputy Mayor Duclos moved approval of the consent agenda.
Councilmember Park second.
Deputy Mayor Duclos pulled item 5. g.-Pacific Highway South HOV Lanes Phase IV Bid
Awa rd
VOTE: Motion to approve items a-f; and h-I carried 6-0.
5. a.-Pacific Hiqhwav South HOV �anes Phase IV Bid Award
MOTION: Deputy Mayor Duclos moved to postpone Council taking action on the
Pacific Highway South HOV Lanes Phase IV Bid Award (item 5.g.) until the June 15,
2010 City Council Meeting because there is a hearing tomorrow before the
Washington State Department of Transportation, which may affect the bid award.
Councilmember Burbidge second.
VOTE: Motion carried 6-0.
6. PUBLIC HEARING
a. Street Vacation of a Portion of 8th Ave. SW
City Council Minutes — June 1, 2010 Regular Meeting Page 2 of 5
Mayor Kochmar read into the record the procedures to be followed and declared the
public hearing open at 7:31 pm
Street Systems Project Engineer John Mulkey reviewed the street vacation process as
outlined in the FW RC. He stated Dan Lourie petitioned the City to vacate a portion of gtn
Avenue SW. Mr. Mulkey reviewed the criteria a petition must meet before it can be
approved. All mandatory criteria have been met and 4 of the 5 discretionary criteria have
been met. Criteria 2b is not applicable, as there is no exchange of property. Staff
recommends the petition of right-of-way of a portion of 8 Avenue SW be granted under
the condition that all affected utilities be granted easements through the property. In
order to identify the utilities which will require easements, the propertyownershall survey
and stake the extents of the vacated area and determine the exact location of all utilities,
through whatever means necessary, as to whether they are within the proposed vacation
area or not.
Mayor Kochmar called for public comment, hearing none she called for Council
questions. The Council asked clarifying questions of Mr. Mulkey.
MOTION: Deputy Mayor Duclos moved to approve the request for petition for
vacating a portion of the right-of-way within 8 th Avenue SW upon payment for the
land and granting of required easements for utilities. Councilmember Burbidge
second.
VOTE: Motion carried 6-0
Mayor Kochmar declared the public hearing closed at 7:36 pm
7. COUNCIL BUSINESS
a. Arts Commission Appointments
MOTION: Councilmember Burbidge moved to re-appoint Mary Tynan and Linda
Pratt as voting members to the Arts Commission, and to appoint Austin Hackett
as an alternate with the terms expiring December 31, 2012. Councilmember
Freeman second.
VOTE: Motion carried 6-0.
b. Potential Assiqnment of Purchase and Sale Aqreement for former AMC Theater Site
— Second Meetinq.
Economic Development Director Patrick Doherty stated the City has a purchase and
sale agreement with United Properties for the development of the former AMC Theater
Site. United Properties has asked the Council to consider the assignment of the
purchase and sale agreement to Twin Development LLC. Twin Development has
provided two presentations on their development concepts, one on May 18, 2010 and at
an open house earlier this evening. Two additional open houses will be held on June 8
and June 15
Steve Smith of Twin Development provided an overview of projects that Twin
Development has completed. The proposed project in Federal Way would include three
towers with 760 units (700 condominium and 60 hotel rooms). Two of the three towers
would be 45 stories. This height would provide valuable views to the top floors and
would include a sky-lounge on the top floor open to the public. There will be retail space
on the ground floor as well as an open space/park area.
City Council Minutes — June 1, 2010 Regular Meeting Page 3 of 5
Public Comment:
Marv Hild submitted a letter of support for a condominium project in Federal Wayfor City
Clerk McNeilly to read into the record.
Norma Blanchard asked when the contract was handed off from United Properties to
Twin Development if the city involved. She also inquired on parking, road improvements
and if Twin Development has ever had any issues regarding their buildings. She stated
she is opposed to a 45 story building in Federal Way.
Mr. Doherty clarified that the purchase and sale agreement has not been transferred to
Twin Developments, it is currently under consideration.
Mr. Doherty provided a summary of the written comments received at the open house
earlier this evening. The Council will conduct two additional open houses on this item;
on June 8 and June 15, and possibly take action on June 15, 2010 regarding the
assignment of the purchase and sale agreement.
8. INTRODUCTION AND ENACTMENT OF ORDINANCES
a. CB 541 Amending Gambling Tax Ordinance No. 90-15 and 98-329
An Ordinance of the City Of Federal Way, Washington, relating to the gambling tax
rate for socia/ card games and pul! tabs; amending FWRC 3.40.040.
Finance Director Tho Kraus stated the draft ordinance went through FEDRAC for review
and is being forwarded to the City Council for introduction and enactment at tonight's
meeting. The Council discussed reducing the tax rates for both pull-tabs and card games.
MOTION: Couniclmember Park moved to establish a 10% card room rate and a
3% pull-tab rate. Deputy Mayor Duclos second.
Councilmember Park withdrew his motion.
MOTION: Councilmember Park moved to reduce the card room tax rate from 20%
a 10%. Deputy Mayor Duclos second.
VOTE: Motion carried 5-1, Councilmember Burbidge dissenting.
MOTION: Councilmember Park moved to reduce the pull-tab tax rate from 5% to
3%. Councilmember Ferrell second.
VOTE: motion carried 4-2 Councilmembers Burbidge and Freemen dissenting.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Park moved to approve an ordinance for card games tax
at rate of 10% with a June 6, 2010 enactment date. Councilmember Freeman
second.
VOTE: Motion carried 6-0.
MOTION: Councilmember Park moved to approve and ordinance for pull—tabs tax
rate at 3% with an enactment date of June 6, 2010. Councilmember Ferrell second.
VOTE: 5-1 Councilmember Burbidge dissenting.
This ordinance will return to the June 15, 2010 Council meeting for second reading and
City Council Minutes — June 1, 2010 Regular Meeting Page 4 of 5
enactment as there was not a unanimous vote for approval.
9. COUNCIL REPORTS
Councilmember Freeman reported the next Martin Luther King Day planning meeting is June
18 at City Hall.
Councilmember Burbidge reported the next PRHSPS meeting is June 8.
Councilmember Park reported June 12 is the Flag Day celebration at the King CountyAquatic
Center as well and the Multi-Service Center Crab Feed.
Deputy Mayor Duclos reported the Seatac Airport Noise Study will be held on June 9.
Mayor Kochmar stated the City would be holding open houses on the Twin Development
concepts on June 8 and 15.
Councilmember Ferrell had not report.
10. CITY MANAGER REPORT
City Manager Wilson stated city staff is performing admirably during these difficult financial
times.
11. EXECUTIVE SESSION
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The Council did not adjourn into executive session.
12. ADJOURNMENT
With no further business before the Council, Mayor Kochmar adjourned the meeting at
8:55 pm.
Attest:
�
C �- '
Carol McNeilly, CM , City CI rk
Approved by Council: June 15, 2010
City Council Minutes — June 1, 2010 Regular Meeting Page 5 of 5