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Council MIN 07-17-2012 RegularCtTY OF ,.'� Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 17, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:01 pm. Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the Pledge of Allegiance. Mayor Priest announced that yesterday City representatives, along with the WA Department of Transportation participated in a ribbon cutting ceremony for the two new flyover ramps at the Triangle I-5/SR 18 interchange. He presented a swatch of the ribbon from the ceremony to Councilmember Burbidge for her tireless efforts as the City's transportation advocate. She has represented the City in regional and state transportation policy efforts to ensure that projects are funded and constructed. 3. PRESENTATIONS a. Proclamation: Mike Dunwiddie, Kinq Countv Aquatic Center Manaqer Councilmember Burbidge stated the Council wanted to recognize Mike Dunwiddie for his work in bringing numerous high level aquatic competitions to the King County Aquatic Center over the past two decades. Mike is also involved in promoting tourism as a member of the City's Lodging Tax Advisory Committee. Councilmember Burbidge read the proclamation into the record and presented it to Mr. Dunwiddie. Mr. Dunwiddie thanked the Council for the recognition, and Patrick Doherty for his efforts with the recent diving trials. b. Proclamation: Monda Holsinaer, AmeriCorps Director Mayor Priest announced that Monda Holsinger will retire this summer as AmeriCorps Director. She has worked 22-years with the Federal Way Public Schools, and over the last 14-years has built the AmeriCorps program into the largest and most effective program in City Council Minutes — July 17, 2012 Regular Meeting Page 1 oj7 the country. Her leadership will be missed. Mayor Priest read the proclamation into the record and presented it to Ms. Holsinger. Ms. Holsinger stated that a community is only as strong as its weakest area. She thanked the Council for their strong leadership. c. Mavor's Emerqinq Issues Red White and Blues Festival Recap Mayor Priest invited Community Center Supervisor poug Nelson to provide a recap of this year's Red White and Blues Festival. Attendance at this year's event is estimated at 22,000, the largest attendance in the event's history. Event sponsors include Waste Management, the Federal Way Mirror, Red Canoe Credit Union, 4 Culture and the Federal Way Arts Commission. The event included, music, food vendors, a hot-dog eating contest and other activities. The evening ended with a finrenty-finro minute fireworks display. Mayor Priest noted that Parks staff, the Police Department and South King Fire did an outstanding job of ensuring a safe event. Having reduced staffing by 17% citywide over the past four years, we cannot expect to continue providing the same level of service for such a large event with growing attendance. As the Council moves forward into budget discussions one of the items to focus on will be service levels relative to resources. Councilmember Honda thanked the Arts Commission as well as the Parks and Recreation Commission for their time staffing the booths at the event. Kinq Countv Tippinq Fee Mayor Priest asked Councilmember Duclos to provide an update on this issue. Councilmember Duclos reported the King County is proposing an increase in the garbage tipping fee from $109 to $125 per ton. If approved, the increase would take effect January 2013. The proposed increase would cost residential ratepayers approximately an additional $400K per year. The City sent a letter to the King County Council suggesting they review their solid waste budget and forgo the proposed increase since they just had an increase in January 2012. 4. CITIZEN COMMENT Dave Larson stated approximately one year ago the Aktion Club of Federal Way was formed. The club is a subset of the Kiwanis. Mr. Larson reviewed some of the club's recent efforts/events. Anqelica Afande stated she has gathered 160 signatures in support of the city developing a playground for children with disabilities, one that would accommodate wheelchairs and walkers. Robert Morrison spoke in support of the city developing a park/playground for individuals with disabilities. Katv Lutie stated she would like to see a city park that caters to kids with disabilities. Jessica Clark would like to see a park designed for those with disabilities. Norma Blanchard asked the Council to remove the 90-day limit to collect signatures on initiatives. City Council Minutes — July 17, 2012 Regular Meeting Page 2 of 7 Dan Bruno spoke on behalf of Barbara Wells. He is concerned about a neighbor's development and feels a code violation has occurred. Britni Delaney and Jean Allenbach from the Muscular Dystrophy Association (MDA). The MDA is partnering with South King County Fire to host a"Fill the Boot" event. They are concerned with the City's aggressive begging ordinance as it would prohibit the Fire Department from conducting the "Fill the Boot" event. Libbv Bennett with Occupy Federal Way submitted written comments for the Clerk to read into the record. Occupy Federal Way will be hosting "Know the Vote" event on August 11, 2012 at the Federal Way Farmers Market. The event will focus on ballot candidates as well as information on an upcoming forum event. 5. CONSENT AGENDA Items listed be/ow have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. lndividual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: July 3, 2012 Special and Regular Meeting b. S 344 Way at Weyerhaeuser Way S Intersection Improvements — 100% Design Status Report c. 10 Ave. SW at SW Campus Drive Intersection Improvements — 100% Design Status Report d. Resolution: Acceptance of Grant Funding for Transportation Improvement Projects — Resolution 12-623 Motion: Deputy Mayorferrell moved approval of items 5.a. through 5.d. Councilmember Freeman second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. 6. COUNCIL BUSINESS a. Human Services Commission Appointment Motion: Councilmember Honda moved to appoint Michael Capenos as a voting member to fill the remainder of the un-expired term of January 31, 2015. Deputy Mayor Ferrell second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes City Council Minutes — July 17, 2012 Regular Meeting Page 3 of 7 Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. b. Mark Twain Elementarv School Safe Routes to School Proiect — Bid Award Mayor Priest stated this item is before Council rather than going to the Land Use Transportation Committee as it is time sensitive. � On July 9, 2012 the city received and opened three bids responsive to the Mark Twain Elementary School Safe Routes to School Project. The lowest responsive, responsible bidder was NPM Construction Co., with a bid total of $250,675.00. City staff conducted reference checks and NPM Construction Co. and they indicated that the contractor has performed similar work. Motion: Councilmember Celski moved to award the Mark Twain Elementary School Safe Routes to School Project to NPM Construction Company, the lowest responsive, responsible bidder in the amount of $250,675.00 and approve a 10% contingency of $25.068.00, for a total of $275,743.00, and authorize the Mayor to execute the contract. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. c. Cancellation of Auctust 21, 2012 Council Meetinq Motion: Deputy Mayor Ferrell moved to suspend the Council Rules of Procedure and cancel the August 21, 2012 City Council meeting. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. 7. ORDINANCES First Reading: City Council Minutes — July 17, 2012 Regular Meeting Page 4 of 7 a. CB # 607: Amend Federal Wav Revised Code Title 6"Public Safetv and Welfare" An ordinance of the City of Federa/ Way, Washington, relating to public safety,� amending Federal Way Revised Code 6.40.010, "Frauds and Swindles,"adding a new section to Chapter 6. 55 F WRC, "Public Peace, "and adding a new section to Chapter 6. 75 FWRC, "Miscellaneous Crimes and Offenses. " Assistant City Attorney Amy Jo Pearsall provided information on this item. In the 2011-12 State Legislature session three bills were passed that created or amended laws affecting misdemeanors in Washington State. SB 6386 created a new RCW which makes the unauthorized possession or control of electronic benefit cards a gross misdemeanor. HB 2301 provided an amendment to include regulations for Mixed Martial Arts. HB 2565 added two new gross misdemeanors regarding roll-your-own cigarettes machines in retail establishments. Staff is recommending amending the FWRC to include the reference to the state laws. Councilmembers asked clarifying questions of Ms. Pearsall and discussed adopting these items as misdemeanors or gross misdemeanors. Ms. Pearsall stated she would forward the Senate and House bills to the Council for review. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Honda moved to forward the ordinance to the August 7, 2012 City Council meeting for second reading and enactment. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. Second Reading: b. CB # 606: Amend Federal Wav Revised Code Title 2 to Create the Communitv Development Block Grant Loan Review Advisorv Committee An ordinance of the City of Federal Way, Washington, relating to the Community Development Block Grant (CDBG) Loan Review Advisory Committee, adding a new Chapter to Title 2 FWRC Government. At their July 3, 2012 meeting, the Council forwarded the ordinance to this meeting for second reading and enactment. City Clerk McNeilly read the ordinance title into the record. City Council Minutes — July 17, 2012 Regular Meeting Page S of 7 Motion: Councilmember Duclos moved approval of the ordinance. Councilmember Freeman second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. Ordinance 12-725 8. COUNCIL REPORTS Councilmember Duclos attended the King County Regional Policy Committee meeting and received a presentation on the proposed arena in Seattle. The next FEDRAC meeting is July 24, 2012. Councilmember Freeman stated he would like to commit to working on Sound Transit issues. He thanked city staff for their work on the Red, White and Blues Festival. Councilmember Celski noted the next LUTC meeting will be held on August 6, 2012. The Farmers Market Charity Walk and run will be raising funds for three different charities. To register for the event, visit www.federalwavfarmersmarket.com. He attended a ribbon cutting last weekend for the City's Neighborhood Stabilization Program in the Westway neighborhood. Councilmember Burbidge thanked the Public Works staff for keeping her up to speed on transportation issues. The next LTAC meeting is August 14, 2012. She attended a SCATBD meeting that provided information on transportation options. This coming Saturday is the Federal Way Symphony's garden tour. Deputy Mayor Ferrell thanked city staff and the police department for their work on the Red White and Blues Festival. Councilmember Honda noted that August 7, 2012 is National Night Out event; contact the police department for more details. The city-sponsored Summer Concert series is being held each Wednesday at Steel Lake Park. Habitat for Humanity is working with the City on the Neighborhood Stabilization Project, and will be rehabilitating homes in the Westway Neighborhood. There was a ribbon cutting for the first home last weekend. The next PRHSPS meeting is July 30, 2012. Councilmember Kochmar announced the Kiwanis Salmon Bake is July 27, 2012. She attended the ribbon cutting for the Triangle project yesterday, and tomorrow is the King County Councilmember Pete von Reichbauer's Good Eggs breakfast. 9. MAYOR'S REPORT Mayor Priest had no report. Ciry Council Minutes — July 17, 2012 Regular Meeting Page 6 of 7 10. ADJOURNMENT Mayor Priest adjourned the meeting at 8:55 pm. Attest: Carol McNeilly, CMC, C ty Clerk Approved by Council: August 7, 2012 City Council Minutes — July 17, 2012 Regular Meeting Page 7 of 7