Council MIN 09-21-2010 Special & RegularCITY OP
,� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
SPECIAL MEETING
September 21, 2010 - 5:00 P.M.
1. CALL MEETING TO ORDER
Mayor Kochmar called the meeting to order at 5:00 p.m.
Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Mike
Park, Jeanne Burbidge, Jack Dovey and Jim Ferrell.
Councilmember Roger Freeman arrived at 5:07 p.m.
Staff present: City Manager/Police Chief Brian Wilson, Assistant City Attorney Amy Jo Pearsall
and City Clerk Carol McNeilly.
2. EXECUTIVE SESSION
The Council adjourned to executive session at 5:00 p.m. for approximately one hour to discuss the
following items:
a. Sale of Property Pursuant to RCW 42.30.110(1)(c)
b. Property Acquisition Pursuant to RCW 42.30.110(1)(b)
c. Potential Litigation pursuant to RCW 42.30.110(1)(i)
d. Collective Bargaining pursuant to RCW 42.30.140(4)(b)
The City Council recessed from executive session at 6:03 p.m. and announced they would be
returning to executive session at 6:30 p.m.
3. RECEPTION FOR SCHOOL DISTRICT SUPERINTENDENT ROB NEU
The City Council hosted a reception for Federal Way School District Superintendent Rob Neu from
6:00 p.m. to 6:30 p.m.
The Council adjourned to executive session at 6:30 p.m. for approximately thirty minutes to discuss
the following items:
a Sale of Property Pursuant to RCW 42.30.110(1)(c)
b. Property Acquisition Pursuant to RCW 42.30.110(1)(b)
c. Potential Litigation pursuant to RCW 42.30.110(1)(i)
d. Collective Bargaining pursuant to RCW 42.30.140(4)(b)
The Council adjourned from executive session at 6:50 p.m.
4. ADJOURN
City Council Minutes — September 21, 2010 Special Meeting Page 1 of 2
Mayor Kochmar adjourned the Federal Way City Council Special Meeting at 6:50 p.m.
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Approved by Council on: October 5, 2010
City Council Minutes — September 21, 2010 Special Meeting Page 2 of 2
CITY OF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
Regular Meeting
September 21, 2010 - 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Kochmar called the Federal Way City Council Regular Meeting to order at 7:00 p.m.
Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Mike
Park, Roger Freeman, Jeanne Burbidge, Jack Dovey and Jim Ferrell.
Staff present: City Manager/Police Chief Brian Wilson, Assistant City Attorney Amy Jo Pearsall
and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Federal Way School Board Vice President Angela Griffin led the pledge of allegiance.
3. PRESENTATIONS
a. Prosecutor Dan Satterberq: Update on Kinq County Budqet Cuts and impacts to local
lurisdictions
King County Prosecutor Dan Satterberg stated King County is facing tough decisions regarding
funding programs in the upcoming budget. Over the past finro-years, they have cut $140 million
from the budget, and they are looking to cut approximately $60 million dollars in funding in 2011
and an additional $20 million in 2012. Mr. Satterberg reviewed the impacts of King County
Proposition 1 and stated revenues from� this Proposition will go towards criminal justice and
safety services as well as a new juvenile jail. If the proposition is not approved it will impact the
rate for trial processes and staffing levels at the prosecutor's office will be reduced.
b. Federal Wav Public School District Superintendent Rob Neu
Superintendent Rob Neu thanked the Council for hosting a reception earlier this evening. He
stated the school district is thriving and he is looking forward to working with the Council in the
future.
c. Proclamation: National Preparedness Month
Councilmember Burbidge read the proclamation into the record and presented it to the City's
Director of Parks/Public Works/Emergency Management Cary Roe. Mr. Roe thanked the Council
for recognizing the importance of the National Preparedness Month.
d. Citv Manaqer Emerqinq Issues / Introduction of New Emplovees
City Manager/Police Chief Wilson reported there were no introductions of new employees.
Mr. Wilson welcomed Superintendent Mr. Neu to Federal Way. He reported the Council has a
presentation on King County Proposition scheduled for October 5, 2010 where both the Pro and
City Council Minutes — September 21, 2010 Regular Meeting P 1 of 5
Con Committees have been invited to speak on the issue.
4. CITIZEN COMMENT
Nancv Combs, spoke in opposition to a bikini barista business in Federal Way. She also stated
the City does not need red-light photo cameras; it needs Police officers on the street.
Reverend Marvin Eckfeldt, spoke regarding agenda item 6.a. Human Services funding,
specifically the King County Sexual Assault Resource Center. He encouraged the Council to
fund the full $30,000 they are requesting.
Kevin Kinq spoke regarding agenda item 6.a. Human Services funding. He encouraged the
Council to fund the full amount that the Reach-Out Organization is requesting. Mr. King
distributed a handout to the Council that documented the number of homeless men their
organization has served over the past few years.
Bob Wroblewski Chair of the Human Services Commission thanked the Council for the Human
Services funding. He noted the Commission had double the number of applications this year
versus in the past. He hopes the Council can support the Commissions recommendations that
are before them this evening.
Betty Tavlor thanked the Council for the street lights at the Waterbury Apartments. She noted
there have been raccoons around her apartment complex and she is asking the City for some
assistance.
Donald Barovic feels the city should not have red-light photo program. He also fears there may
be a coyote attack on a child in the City. He was pleased to report that young fish have been
sighted in the creek on his property.
Clara McArthur spoke regarding a public notice in the Federal Way Mirror regarding pedestrian
safety improvements at Steel Lake Park.
Norma Blanchard asked for clarification on an article in the Federal Way Mirror on the Twin
Development Project. She also stated her Public Records Requests are for her information only,
not for a political candidate.
Pat Hiqqins spoke regarding agenda item 5.b. She would like to see more speed studies done
on Milton Road South before the Council passes the ordinance on tonight's agenda.
Martin Moore, stated this month marks the 20' Anniversary for the Americans with Disabilities Act.
He would like to see children with disabilities have access to playground equipment in Federal Way
Parks.
H. David Kaplan, submitted a letter for the City Clerk to read into the record regarding the
Tourism Enhancement Grant submission deadlines.
5. CONSENT AGENDA
a. Minutes: September 7, 2010 Special and Regular Meetings -Approved
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c. CB 549 Update the Federal Way Revised Code to Reflect the Change in Government to Mayor-
Council Approved Ordinance 10-669
City Council Minutes — September 21, 2010 Regular Meeting Page 2 of 5
d. Purchase of BearCat Armored Vehicle for Valley Swat with $22,400 in VNET State Seizure
Funds-Approved
e. Valley Special Weapons and Tactics Team (SWAT) -Approved
f. Proposed S 332nd Street Alignment, Detention Pond Location and Relocated Celebration Park
Driveway -Approved
g. T-Mobile Site Lease Renewal - Lakota Park -Approved
Councilmember Freeman pulled item 5.b. CB 547 Speed Limits — Proposed Changes
MOTION: Deputy Mayor Duclos moved approval of items 5a, 5c, 5d, 5e, 5f, and 5g.
Councilmember Burbidge second.
VOTE: Motion carried 7-0.
Consent Item 5(b)/ CB 547 Speed Limits — Proposed Chanqes
Traffic Engineer Rick Perez stated staff conducted traffic.studies and considered the request to
reduce the speed limit from 35 mph to 25 mph. However staff recommends maintaining the posted
speed limit at 35 mph. Mr. Perez noted that only 4 collisions have been reported on that road in the
past 5 years.
MOTION: Councilmember Freeman moved approval of the proposed ordinance amending
FWRC 8.3.040, but postpone the portion dealing with Milton Road South between S. 369
and S. 376 the October 5, 2010 Council Meeting. Councilmember povey second.
VOTE: Motion carried 7-0. Ordinance 10-668.
6. COUNCIL BUSINESS
a. 2011-12 Human Services Commission Fundinq Public Services Recommendations and 2011
CDBG Capital Fundinq Recommendations
Human Services Grant Manager Kolya McCleave stated every two-years the Human Services
Commission is charged with allocating the Human Services General Fund dollars as well as the
Community Development Block Grant dollars. Funds awarded in 2010 will be expended in 2011
and 2012. The City has budgeted $430,000 in Human Services Funds and preliminary
estimates of $81,607 in Community Development Block Grants (CDBG) for Public Service;
$310,117 for CDBG Capital; and $81,607 for CDBG Planning and Administration , contingency
plan, and conditions of funding, as presented. The Council asked clarifying questions of staff on
the funding recommendations.
MOTION: Councilmember Park moved approval of the 2011/2012 CDBG Funding
recommendations, and postpone the 2011/2012 Human Services General Fund
recommendations to the October 5, 2010 Council Meeting. Councilmember povey second.
VOTE: Motion carried 5-0. Deputy Mayor Duclos and Councilmember Burbidge recused.
The Council would like to staff to return with additional information including which new programs
are being recommended, which programs funded in the past are being reduced and review the
FUSION application. This item will be scheduled for the October 5, 2010 City Council meeting.
b. Status Update on Twin Development Proiect
City Manager/Police Chief Wilson stated on September 30, 2010 the City authorized the transfer
of the Purchase and Sale Agreement from United Properties to Twin Development. Both United
City Council Minutes — September 21, 2010 Regular Meeting Page 3 of 5
Properties and Twin Development are requesting to extend the closing date of the Purchase and
Sale Agreement to March 31, 2011 to allow Twin Development time to obtain financing. Twin
Development has agreed to deposit $100,000 into an escrow account by December 31, 2010,
that will go towards the purchase price or be forfeited to the City if the closing does not occur by
March 31, 2011. Steve Smith, a representative from Twin Development spoke regarding their
marketing and investment efforts. The Council asked clarifying questions of Mr. Smith. Patrick
Doherty, Economic Development Director, reviewed the proposed amendment to the purchase
and sale agreement. The Council asked Twin Development to share their marketing plan/timeline
with the Council.
MOTION: Councilmember Park moved to table this item until a Special Council Meeting on
September 28, 2010. Councilmember Ferrell second.
Councilmember Ferrell withdrew his second.
VOTE: Motion died for lack of second.
MOTION: Councilmember povey moved to approve the proposed seventh amendment,
granting an extension of Agreements closing date to 3/3/2011 and requiring an additional
escrow payment be made by 1/31/2011, and authorizing the City Manager to execute the
same on or before 9/30/2010. Councilmember Freeman second.
VOTE: Motion carried 4-3 Councilmembers Ferrell, Park and Deputy Mayor Duclos
dissenting.
MOTION: Councilmember povey moved to suspend the Council rules and extend the
meeting past 10:00 p.m. Councilmember Burbidge second.
VOTE: Motion carried 7-0.
RECESS: The Council recessed from 9:53 p.m. to 10:03 p.m.
c. Commission Appointments: Planninq Commission
MOTION: Deputy Mayor Duclos moved to re-appoint Hope Elder, Wayne Carlson and Tom
Medhurst to voting positions on the Planning Commission with terms expiring September
30, 2014. Councilmember povey second.
VOTE: Motion carried 7-0.
7. INTRODUCTION / FIRST READING OF ORDINANCES
a. Council Bill 550: Criminal Code Update — Lewd Conduct
An Ordinance of the City of Federal Way, Washington, relating the lewd conduct, amending FWRC
6.45.010, "Definitions" and adding a new section to Chapter 6.45 FWRC. "Public Morals"
City Clerk McNeilly read the ordinance title into the record.
Assistant City Attorney Amy Jo Pearsall stated this is a proactive measure, and it is based on
issues that other cities were experiencing. She stated the city has not had any complaints
regarding an espresso stand that recently opened in the City.
MOTION: Councilmember Burbidge moved to forward the ordinance to the October 5, 2010
City Council meeting second reading and enactment. Deputy Mayor Duclos second.
VOTE: Motion carried 6-1, Councilmember povey dissenting.
City Council Minutes — September 21, 2010 Regular Meeting Page 4 of 5
8. COUNCIL REPORTS
Councilmembers Freeman and Ferrell had no report.
Councilmember povey reported on an upcoming SCORE Meeting and encouraged everyone to
attend the Sand Sculpture Event.
Councilmember Burbidge reported on recent changes to transit services, the upcoming PRHSPS
Meeting and the production at the Knutzen Theater.
Councilmember Park reported the next FEDRAC Meeting is September 28, 2010.
Deputy Mayor Duclos reported on Solid Waste Issues and asked Council for feedback. She also
reported that Waste Management is picking up food this week from Federal Way residents as part
of the Mayors Day of Concern.
Mayor Kochmar reported on the upcoming Police / Fire Fighter Chili Cook Off. She stated the City is
hosting a Challenge Grant in conjunction with the Mayors Day of Concern and will match donations
to the Multi-Service Center dollar for dollar.
9. CITY MANAGER REPORT
Police Chief/City Manager Wilson had no report.
10. EXECUTIVE SESSION
The Council did not adjourn to executive session.
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11. ADJOURN
With no further business before the Council, Mayor Kochmar adjourned the Federal Way City Council
Regular Meeting at 10:18 p.m.
Attest:
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Approved by Council: October 5, 2010
City Council Minutes — September 21, 2010 Regular Meeting Page 5 of 5