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Council MIN 06-21-2011 RegularCITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall June 21, 2011 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge and Councilmember Roger Freeman. Mayor Priest excused Councilmember Jack Dovey. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Councilmember Freeman led the Pledge of Allegiance. 3. PRESENTATIONS a. Washinqton State Advisor Association Scholarship — Heidy Wells Police Chief Brian Wilson introduced Heidy Wells who has been a participant in the Police Explorer program since 2007. Ms. Wells has volunteered 1,300 hours of volunteer service. This year Ms. Wells was awarded the Washington State AdvisorAssociation Scholarship. She is a recent Stadium High School graduate with a 3.9 grade point average. Ms. Wells thanked the Council for providing her the opportunity to be part of the Explorer program and for the recognition. b. Certificate of Appointment — Lodqinq Tax Advisorv Committee Deputy Mayor Duclos read the certificate of appointment for Daniel Yim who was appointed to the Lodging Tax Advisory Committee at their June 7, 2011 City Council meeting. c. Mavor's Emerginq Issues Mayor Priest stated there were no emerging issues. City Council Minutes — June 21 Regular Meeting Page 1 of S 4. CITIZEN COMMENT Susan Honda spoke in support of having a public forum for residents to review the RFQ responses to the AMC Theatre site. She does not want the Council to rush the selection process. Norma Blanchard encouraged the Council to adopt term limits. Ms. Blanchard spoke in opposition of a 45-tower development in the downtown area. Clara McArthur was pleased the Mayor attended and spoke at the Sound Transit Board meeting. Ms. McArthur spoke about an editorial in the Federal Way Mirror. Will Knedlik President of Eastside Rail distributed a document for Council review. Mr. Knedlik shared options for the City to get funding for Sound Transit in Federal Way. Rov Parke spoke regarding the Hylebos Basin Flood Plan and flooding on Pat Owens' property. Betty Taylor asked the Council to extend the public comment period from three to five minutes. Ms. Taylor also spoke in support of the upcoming National Night Out event. She also reported Solid Ground would be holding a landlord/tenant workshop on June 28 at the 320 Street Library. MOTION: Councilmember Kochmar moved to amend the agenda to add an item under Council Business as subsection b. The topic is Council Discussion to consider the RFQ's for the AMC Theatre site at a study session instead of the June 28, 2011 FEDRAC meeting. Councilmember Ferrell second. Councilmembers spoke to the motion. Councilmember Kochmar called for the question. VOTE: Motion failed 3-4. Deputy Mayor Duclos, Councilmembers Park, Burbidge and Mayor Priest dissenting. 5. CONSENT AGENDA Items listed be/ow have been previously reviewed in fheir entirety 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: June 7, 2011 Special and Regular Meeting Approved b. Washington Traffic Safety Commission Grant 2010-2011 Amendment #1 Approved c. Resolution: SCORE Investigate Agreement Between the Owner Cities Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila Approved - Resolution 11-607 d. DOE Stormwater Retrofit and LID Competitive Grant—Authorization to AcceptApproved e. Resolution: Acceptance of Grant Funding for Transportation Improvement Projects — Safe Routes to Schools Approved - Resolution 11-608 MOTION: Deputy Mayor Duclos moved approval of Consent Agenda Items 5a through 5e. Councilmember Park second. VOTE: Motion carried 6-0. 6. PUBLIC HEARING a. 2012-2017 Transportation Improvement Plan (TIP) — Resolution Mayor Priest reviewed the format for the public hearings and declared the hearing on the 2012-2017 Transportation Improvement Plan open at 7:47 p.m. CityTraffic Engineer Rick Perez stated the City adopted its original Transportation Improvement Plan (TIP) and City Council Minutes — June 21 Regular Meeting Page 2 of S Arterial Streets Improvement Plan (ASIP) on July 23, 1991 in accordance with RCW 35.77 and 47.26. These plans identify capital projects the City intends to construct over the next six years. The City is required to update both plans on an annual basis and is required to hold at least one public hearing. Mr. Rick Perez stated the plans are required for grant consideration and reviewed the criteria for projects. New projects included in this year's plan are SW 312 Street and 14 Ave. SW — SR 509, this project has been broken into finro parts (SR 509@ SW 312th Street — add turn lanes and sidewalk; SW 312 St. @ 14 Ave. SW — signal and sidewalk), to allow for grant funding; SR 99 HOV Lanes Phase 5, 25 Drive South at S Star Lake Road — crosswalk, school zone flasher and walkway improvements. Mayor Priest called for public comment. Tracy Hills spoke in support of the traffic improvements. Clara McArthur asked if right-of-way would be required to install the two turn lanes at the SW 312 St.:14 Ave. SW —SR 509. The Council asked clarifying questions of Mr. Perez. MOTION: Councilmember Kochmar moved to close the public hearing on the 2012 2017 Transportation Improvement Plan and Arterial Street Improvement Plan. Deputy Mayor Duclos second. VOTE: Motion carried 6-0. MOTION: Councilmember Kochmar moved approval of the resolution adopting the 2012-2017 City of Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan and directed that the plans be filed with the Washington Secretary of Transportation. Deputy Mayor Duclos second. VOTE: Motion carried 6-0. Resolution 11-609. b. Christian Faith Center Development Aqreement Amendment Mayor Priest declared the public hearing on the Christian Faith Center Development Agreement Amendment open at 8:11 p.m. Senior Planner Deb Barker stated on May 2, 2011 Christian Faith Center (CFC) submitted a request to postpone or defer the traffic mitigation requirements from section 9.4.4 of their development agreement until such time as increased development occurs to warrant such improvements. The proposed mitigation requirement would postpone the signalization of Pacific Highway South (SR 99) at the South 344 intersection. Ms. Barker reviewed the factors contributing to the reduced traffic volumes. Mayor Priest called for public comment. Betty Tavlor spoke in opposition of the amendment. Clara McArthur stated CFC should be required to fulfill their obligation in the original agreement. Tracy Hills inquired when CFC anticipated building the second sanctuary. City Traffic Engineer Rick Perez reviewed the CFC traffic improvements required for maximum build out. He stated staff is recommending approval of the amendment with the understanding that a traffic analysis be conducted regarding the installation of the traffic signal be installed when attendance of CFC increases to over 3,375. The Council asked clarifying questions of Ms. Barker and Mr. Perez. City Council Minutes — June 21 Regular Meeting Page 3 of 5 MOTION: Councilmember Kochmar moved to approve the requested amendment to the Christian Faith Center Concomitant and Development Agreement, which will be reflected in a proposed ordinance. Councilmember Ferrell second. VOTE: Motion carried 6-0. MOTION: Councilmember Kochmar moved to close the public hearing on the Christian Faith Center Proposed Amendment to the Development Agreement. Councilmember Ferrell second. VOTE: Motion carried 6-0. 7. COUNCIL BUSINESS a. Ethics Board Aqqointment MOTION: Deputy Mayor Duclos moved to appoint Tony Aparicio to the Ethics Board as a voting memberwith a term expiring June 30, 2014, and appoint Donald Dennis to the Ethics Board as an alternate member with a term expiring June 30, 2014. Councilmember Kochmar second. VOTE: Motion carried 6-0. 8. ORDINANCES First Reading a. CB#573 Christian Faith Center Development Aqreement Amendment An Ordinance of the City of Federal Way, Washington, relating to amending the Christian Faith Center Concomitant and Development Agreement, amending Ordinance No. 04-461. Senior Planner Deb Barker reviewed the changes to the concomitant and development agreement. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to the July 5, 2011 City Council meeting for second reading and enactment. Councilmember Ferrell second. VOTE: Motion carried 6-0. b. CB #574 Amendinq Federal Wav Revised Code Chapter 12.50 Reqardinq False Alarms An Ordinance of the City of Federal Way, Washington, relating to false a/arms; amending sections of Chapter 12.50. Police Chief Brian Wilson stated Chapter 12.50 of the Federal Way Revised Code outlines the requirements for alarm registration, fees for responding to false alarms, and the process for no response to excessive false alarms in the City. Updates are needed to this chapter to remove obsolete language and accurately reflect how this chapter is currently administered and enforced. Chief Wilson stated the Police responded to 2,357 alarms in 2010, 65 percent of those alarms were false. Staff is recommending amending the currentfee schedule based on the numberof false alarms for each location in a twelve-month period. Councilmember Ferrell recommended allowing two free false alarms and begin fines on the third false alarm. Chief Wilson reviewed the false alarms fees forother jurisdictions. The Council asked clarifying questions of Chief Wilson. City Clerk McNeilly read the ordinance title into the record. City Council Minutes — June 21 Regular Meeting Page 4 of S MOTION: Councilmember Burbidge moved to forward the ordinance to the July 5, 2011 City Council meeting for second reading and enactment. Councilmember Park second. VOTE: Motion carried 6-0. MOTION; Councilmember Ferrell moved to amend the fee schedule to allow for two free false alarms and charge a fine for the third and consecutive false alarms. Deputy Mayor Duclos second. VOTE: Motion carried 4-2, Councilmembers Burbidge and Kochmar dissenting. 9. COUNCIL REPORTS Councilmember Kochmar reported the U.S. Olympic Diving Trails will be in Federal Way next summer. The Red White and Blues festival will be held on July 4. Councilmember Park reported the next FEDRAC meeting is June 28. The location may be moved to the Patrick Maher Room to accommodate attendees. Councilmember Burbidge reported the next PRHSPS meeting will be July 12. She reported on the numerous summer camps/activities available in the community. Councilmember Freeman encouraged Federal Way residents to attend the Relay for Life event at Sagahalie Middle School. Councilmember Ferrell had no report. Deputy Mayor Duclos stated she attended the Flay Day Celebration and reported on a recent RPC meeting she attended. 10. MAYOR'S REPORT Mayor Priest reported on the steps being taken regarding to Sound Transit in Federal Way. He met with the Executive Director and discussions are occurring to formulate a strategy to present to the Council. 11. EXECUTIVE SESSION The Council did not adjourn to executive session. � � . � . � . •. � . . � � 12. ADJOURNMENT With no additional business before the Council, Mayor Priest adjourned the meeting at 9:23 p.m. Attest: C Carol McNeilly, CM , Cit C rk Approved by Council: July 5, 2011 City Council Minutes — June 21 Regular Meeting Page 5 of S