Council MIN 06-15-2010 RegularCITY OF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
June 15, 2010 - 7:00 PM
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Kochmar calied the meeting to order at 7:01 pm.
Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos,
Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger
Freeman.
Staff present: City Manager/Police Chief Brian Wilson, Pat Richardson and City Clerk Carol
McNeilly.
2. PLEDGE OF ALLEGIANCE
Police Officer Peterson led the pledge of allegiance.
MOTION: Deputy Mayor Duclos moved to amend the agenda to move item 5.m
under Consent to address the Pacific Highway South HOV Lanes Phase IV Bid
Award to Council Business, Section 6 as item f. Councilmember Burbidge second.
VOTE: Motion carried 7-0.
3. PRESENTATIONS
a. Tacoma Police Family Association
Assistant Police Chief Andy Hwang thanked the Tacoma Police Family Association for
assisting the City of Federal Way with the planning of fallen Police Officer Brian Walsh's
funeral. Assistant Police Chief Hwang presented representatives from the Tacoma Police
Family Association with a plaque.
b. Behind the Badqe Foundation
Assistant Police Chief Andy Hwang thanked the Behind the Badge Foundation for their
assisting the City of Federal Way with the planning of fallen Police Officer Brian Walsh's
funeral. Assistant Chief Hwang presented representatives from Behind the Badge
Foundation with a plaque.
c. Proclamation: Amateur Radio Week
Councilmember Burbidge read the proclamation into the record and presented it to Dan
Camp, Federal Way Club President and Craig Davis, Field Day Coordinator.
d. Certificates of Appointment: Arts Commission
Councilmember Burbidge presented Certificates of Appointment to members appointed to
the Arts Commission at the June 1, 2010 City Council Meeting.
City Council Minutes — June 15, 2010 Regular Meeting Page 1 of 6
e. Citv Manaqer Emerqinq Issues / Introduction of New Emplovees
Animal Services Unit:
Police Commander McAllester stated in February 2010 the Ciry Council approved the
creation of Federal Ways Animal Services Unit. Since then staff has been hard at work
preparing to start the animal services by July 1, 2010. An animal Services Officer and an
Animal Management Coordinator have been hired. The City has acquired a truck for
transporting animals and contracted with the Tacoma Humane Society for animal
sheltering services. Pet owners will be able to renew their pet licenses online starting July
1, 2010.
Sign Code Education and Enforcement:
Community Development Services Director Greg Fewins reported that the City's sign
enforcement efforts are conducted year long; however, summer months seem to be the
busiest. In March 2010 staff posted sign code information on the City's website to educate
the public how to post signs legally, allow people to report illegal signs via the webpage
and post a report of signs that have been picked up. If the City picks up an illegal sign, it
will be held for two-weeks. Signs can be retrieved for a small fee. If a sign is not picked up
after two weeks, it will be disposed of. In situations where vandalism is involved, the police
are contacted.
4. CITIZEN COMMENT
Tom Pierson, CEO FW Chamber of Commerce spoke in support of the assignment of the
purchase and sale agreement for the former AMC Theater site to Twin Development.
Bob Hitchcock, President of Federal Way Community Council, stated they have reached an
agreement to hold the sand castle competition at the location of the old Target store. There
will be over 40 artists participating in the event that is slated for September.
Donald Barovic stated that a coyote killed two of his turkeys. He wants to know what the
Council is going to do with the coyote problem in the City. Secondly, he wants to stop the
dumping of stormwater in the Hylebos Creek. He also stated the he would like the police to
ticket drivers who throw cigarettes out of car windows.
Tom Dezutter spoke in support of consent agenda item 5k, installation of speed humps in his
neighborhood. "
Julie Vance stated she walks in Federal Way and feels there is a lot of garbage around the
city. She encouraged the city to do some litter cleanup.
5. CONSENT AGENDA
Items lisfed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before fu/l 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: June 1, 2010 Special and Regular Meeting APPROVED
b. CB 541 B Amending Gambling Tax for Pull-tabs APPROVED Ordinance 10-663
c. RESOLUTION: Setting Public Hearing Date for 2011-2016 Transportation
Improvement Plan APPROVED Resolution 10-586
d. Agreement to Include the Construction of Private Infrastructure as Part of the West
Hylebos Creek Culvert/Removal and Flood Control Improvements Project APPROVED
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f. Interlocal Agreement for Federal Way School District and Federal Way Community
Center for 2010-2011 School Year APPROVED
City Council Minutes — June 15, 2010 Regular Meeting Page 2 of 6
g. Community Development Block Grant (CDBG) Public Service Awards APPROVED
h. Acceptance of WTSC Grant to Purchase Eight (8) hand-held Laser/Radar Devices
APPROVED
i. Interagency Agreement between WSP and Federal Way Police Department
APPROVED
j. Application for Ballistic Vest Partnership (BVP) Grant APPROVED
k. Wildwood NTS '10 — S 308 St (18th Ave S to 22nd Ave S) & 18th Ave S, 20th Ave S
and 22nd Ave S(S 308 St to S 312 St) APPRpVED
I. Fiscal Year 2010 Edward Byrne Memorial Justice Grant — Request for Application
APPROVED
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MOTION: Deputy Mayor Duclos moved approval of the Consent Agenda items.
Councilmember Ferrell second.
Deputy Mayor Duclos pulled item 5e and stated she needed to recuse herself from voting
on this item.
VOTE: Items 5a- 5d, and 5f - 51 carried 7-0.
Item 5e City of Federal Wav Emerqency Preparedness Assistance Grant (EPAG) Award
MOTION: Councilmember Ferrell moved approval. Councilmember povey second.
VOTE: Motion carried 6-0, Deputy Mayor Duclos recused.
6. COUNCIL BUSINESS
a. Votinq Deleqates for AWC Annual Conference
MOTION: Councilmember Freeman moved to appoint Councilmembers Burbidge and
Councilmember Park as the City's voting delegates for the 2010 AWC Annual Business
Meeting. Councilmember povey second.
VOTE: Motion carried 7-0.
b. Budqet Calendar Review - Informational Only
Finance Director Tho Kraus reviewed the 2011/2012 Budget Calendar.
C. GatewaV Center Complimentary Office Space for the Special Operations Unit
Police Commander Chris Norman reported the Police Departments Special Operation
Bicycle Unit that is assigned to the downtown core has been offered complimentary office
space in the Gateway Center at no cost.
MOTION: Councilmember Burbidge moved approval of the request by the Police
Department to accept the offer of complimentary office space and authorize City
Manager/Police Chief Brian Wilson to draft and enter into a contract with Mr. and Mrs.
An ta the mutual satisfaction of all parties. Councilmember Park second.
VOTE: Motion carried 7-0.
d. RESOLUTION: State Enerqv Proqram American Recoverv and Reinvestment Act of
2009 Loan Contract
Financial Services Administrator Enge stated on September 1, 2009 the Council approved
staff to submit an application under the State Energy Program American Recovery and
Reinvestment Act of 2009 for a loan to upgrade the HVAC System at City Hall. The City
received notice on June 3, 2010 that they were being awarded $323,237., and the
City Council Minutes — June 15, 2010 Regular Meeting Page 3 of 6
documents accepting the loan were to be executed by June 25, 2010. The City's use of
the funds is contingent upon the performance-based contract that Council approved on
April 20, 2010 to conduct a feasibility study to determine if the installation of an upgraded
HVAC System at City Hall will provide sufficient return in energy saving to pay off the loan
of $323,327. If the study determines there will not be enough savings from the HVAC
upgrade, the City may notify the State Energy Program to cancel the loan at no cost to the
City.
MOTION: Councilmember Park moved approve of option 1 to accept the award of
$323,237 from the State Energy Program as a loan to upgrade the HVAC System at City
Hall for Energy savings and authorize the City Manger and Mayor to execute the
necessary documents. Councilmember povey second.
VOTE: Motion carried 7-0. Reso/ution 10-587
e. Potential Assiqnment of Purchase and Sale Aqreement for Former AMC Theater Site —
Third Meetinq
Economic Development Director Patrick Doherty stated the City purchased the former
AMC Theater site for 4.1 million in January 2007. In December 2007 the City entered into
a purchase and sale agreement with United Properties. Since then there have been
numerous extensions on the purchase and sale agreement. Currently United Properties is
requesting the transfer of the purchase and sale agreement to Twin Development. Mr.
Doherty provided some background on Twin Development. They were previously
interested in the Azteca site; however, the former AMC Theater site is larger. Steve Smith
with Twin Development gave a brief summary of their proposed project and stated it would
be built with the state of the art materials and the condominiums would sell for
approximately 30°/o less than condominiums in Seattle. The Council asked clarifying
questions of Mr. Doherty and Mr. Smith.
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Bob Kelloqa spoke in support of the Twin Development project.
Rod Corsmo asked who would be operating the hotel, how traffic will be impacted and
if the condominiums do not sell, will they be turned into rental units. Mr. Doherty stated a
traffic engineering study would be required for the project to address traffic concerns.
Mr. Smith stated a hotel company has not been selected at this time, and the plan is to
sell the condominiums rather than rent them. However, it they do not sell and are
rented they will be high-end residential units.
MOTION: Councilmember Park moved to approve in principle the revised
redevelopment of concept as proposed by Twin Development and approve assignment
of the purchase and sale for former AMC Theaters site from United Properties to Twin
Development. Also authorize the City Manager to negotiate the corresponding revisions
to the purchase and sale agreement with Twin Development and present to City
Council for its review and acceptance at or before the 9/7/2010 Council meeting.
Deputy Mayor Duclos second.
VOTE: Motion carried 6-1, Councilmember Ferrell dissenting.
f. Pacific Hiqhwav South HOV Lanes Phase IV Bid Award
Street Systems Project Engineer Brian Roberts stated when the bids were opened, the
lowest bidderwas ICON Materials, however, on May 18 the WSDOT notified the citythat
ICON Materials Disadvantaged Business Enterprise Utilization Certification (DBECU)was
non-responsive. On June 8, there was a hearing in Olympia at the WSDOT Office of
Equal Opportunity to determine if ICON's bid would be considered non-responsive.
City Council Minutes — June 15, 2010 Regular Meeting Page 4 of 6
WSDOT issued a decision on June 14 and determined the ICON bid non-responsive. The
lowest responsive responsible bidder is therefore J.R. Hays & Sons, Inc.
MOTION: Deputy Mayor Duclos moved to award the Pacific Highway South HOV Lanes
Phase IV (South 312 Street to Dash Point Road) improvement project to J.R. Hayes
and Sons, Inc. the lowest responsive, responsible bidder, in the amount of
$9,827.292.84 and approve a 10% contingency of $982,729.00 for a total of
$10,810,021.84 and authorize the City Manager to execute the contract ; and authorize
the transfer of $284,226.00 from the SWM Unallocated Capital Improvement Fund to the
Project. Councilmember Burbidge second.
VOTE: Motion carried 6-0 Mayor Kochmar recused.
7. INTRODUCTION / FIRST READING OF ORDINANCES
a. CB 542 Traffic Code Update — Inattentive Drivinq
An Ordinance of the City of Federal Way, Washington, relating to Inattentive Driving;
adding a new section to Chapter 8.05 FWRC, "Vehicles and Traffic."
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Burbidge moved to forward the ordinance for second
reading and enactment at the July 6, 2010 City Council meeting. Councilmember
Dovey second.
VOTE: Motion carried 7-0.
8. COUNCIL REPORTS
Councilmember povey reported on upcoming Valley-Communications and SCORE Meetings.
Councilmember Freeman reported the MLK Planning meeting was this coming Friday.
Councilmember Burbidge reported on the upcoming ribbon-cutting event for the Federal Way
Chamber of Commerce Business Incubator.
Councilmembers Ferrell and Park had no reports.
Deputy Mayor Duclos reported on a recent Solid Waste Advisory Committee she attended and
an upcoming Growth Management Committee meeting.
Mayor Kochmar reported she attended the grand opening for the Korean Women's Senior
Housing project. She will attend the Suburban Cities Association Board meeting as well as
meeting with King County Councilor Julia Patterson.
9. CITY MANAGER REPORT
City Manager/Police Chief Wilson reported on the following:
The Police Department has had tremendous success of apprehending burglary suspects.
King County may be proposing a sales tax initiative that is tied to a reduction in property taxes.
City Counci! Minutes — June 15, 2010 Regular Meeting Page 5 of 6
10. EXECUTIVE SESSION
The Council did not adjourn to executive session.
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11. ADJOURNMENT
With no further business before the Council, Mayor Kochmar adjourned the meeting at
9:28 pm.
Attest:
Carol McNeilly, CM , City CI rk
Approved by Council on: July 6, 2010
City Council Minutes — June 15, 2010 Regular Meeting Page 6 of 6