HomeMy WebLinkAboutCouncil MIN 02-19-2008 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 19,2008-7:00 PM (www.cityoffederalway.com) MINUTES ***** 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:04 PM. Councilmembers Burbidge, Duclos, Ferrell, Kochmar and Deputy Mayor Faison present. Councilmember Park was excused. 2. PLEDGE OF ALLEGIANCE . Cub Scout Pack #307 led the Flag Salute. 3. PRESENTATIONS . Swearing-in Ceremony - Police Officers - Postponed . Police Department Recognition Awards Chief Wilson presented Officer Shawn Swanson with the Medal of Meritorious Service Award for being instrumental for getting the Safe City Program Grant. . City Manager/Emerging Issues City Manager Beets introduced David Schmidt, the new Recreation Coordinator for Senior Services. . State of the City Address Mayor Dovey reviewed the top seven accomplishments of 2007: - Symphony Development - Passage of Proposition 1 and the hiring of new police officers - The Safe City Program - The opening of the Community Center - The Commercial Enterprise Zone - (allowing those business and property owners within that zone to do more with their property). - Emergency Preparedness - Paid-off of City Hall He then reviewed the top concerns of the community which include traffic/pedestrian safety; code enforcement and panhandling and the ways the City is working to address these concerns. He stated the Council wants to hear from its citizens. Lastly, Mayor Dovey reviewed future projects he and the council would like to address and asked each citizen to give back to their community. City of Federal Way City Council Regular Meeting Minutes February 19, 2008-Page 2 of6 4. CITIZEN COMMENT Donald Barovic - expressed concerns about run-off polluting Puget Sound and submitted an article on the issue to Council. Norma Blanchard - asked about the deficit regarding the Community Center and how it will be fixed. Mayor Dovey stated that would be addressed in the budget. John Norris. Norris Homes - spoke on Council Business Item 6d. He asked that he be allowed to mass grade the site in order to build several new homes but the current code requires him to get a building permit for each lot before grading. Mr. Norris asked for a variance. Michael Didier - asked for his comments to be read into the record. He had several questions in regards to the proposed panhandling ordinance amendment. Frosty Hardison - asked for his comments to be read into the record. He offered suggestions for amending the proposed panhandling ordinance to better defme aggressive panhandling. 5. CONSENT AGENDA Items listed below have been previously reviewed 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: Approval of the February 5,2008 Regular Meeting Minutes - Approved b. Arts Commission 2008 Work Plan - Approved c. Contract Amendment -McDonol,\gh and Sons - Parking Lot Cleaning - Approved d. Joint Construction Agreement with Qwest for the Construction of the S. 348th Street HOV Lanes Project - Approved e. S348th Street HOV - Bid Award - Approved f. 1 Oth Avenue S. Stormwater Trunk Replacement Project - 85% Design Status Report - Approved g. 26th Ave SW Stormwater Modification Project; Project Acceptance - Approved h. Lake Jeane/Lake Lorene Outlet Improvements Project; 100% Design Status Report and Authorization to Bid - Approved 1. Application of Department of Ecology NPDES Grant - Approved J. Evidence Building Generator - Bid Award - Approved k. Historical Street Name Signs - Approved MOTION: Deputy Mayor Faison moved approval of the consent agenda as presented. Councilmember Kochmar second. The motion carried 6-0. 6. CITY COUNCIL BUSINESS a. Contract Amendment - Amaya Electric - Electrical Services City Manager Beets explained that this issue was approved at the Parks/Recreation/Human Services/Public Safety Committee but following that meeting it was determined that the City of Federal Way City Council Regular Meeting Minutes February 19, 2008-Page 3 of6 amendment recommended exceeded the Small Works Roster limit. Staff is asking to back out the generator installations estimate for $87,000 and reduce the contingency. This revision will change the amendment amount from $220,000 to $134,000 resulting in a total contract amount of $164,000 over a three year period. Mr. Beets stated the City will do the generator installations separately in the near future. MOTION: Councilmember Burbidge moved approval to amend the term of the contract for an additional year and compensation in the amount of $134,000 and authorize the execution of the amended contract. Councilmember Kochmar second. The motion carried 6-0. b. Resolution: Federal Legislative Agenda Assistant City Manager Cary Roe reviewed the two transportation issues on the Legislative Agenda - the City Center Access Project and the Triangle Project. He explained that the $1.5 million request for the City Center Access Project will greatly improve access to Federal Way's downtown core. If funded this project will open to drivers in 2011. Mr. Roe reviewed the $1.2 million request for the Triangle Project; a multi-phase effort that will completely reconstruct the 1-5/SR 18/SR 161 interchange. This funding request will completely fund right-of-way acquisition and construction of the required off-site wetland and stream mitigation to improve habitat. Other issues on the proposed Federal Legislative Agenda include: Sales Tax on Catalogs, Mail- order Sales and E-Commerce; Community Development Block Grant; COPS & Local Law Enforcement Block Grants; Land and Water Conservation Fund; Homeland Security Funding and Reauthorization of the Telecommunications Act. MOTION: Councilmember Burbidge moved to direct staff to prepare a resolution approving the Federal Legislative Agenda for the Mayor's signature as presented to the Council this evening. Councilmember Kochmar second. The motion carried 6-0. c. Aggressive Begging Ordinance Deputy City Attorney Aaron Walls reviewed the progress on this issue to date stating that at the February 5,2008 Council Meeting staffwas directed to bring back alternate language on sections 6-188(2)(b)- giving false and misleading information; 6-188(2)(g)(iv) - impeding pedestrian or vehicular traffic and decriminalization of aggressive begging. Councilmember Ferrell stated he believes that roadside begging should not be criminalized. He does agree that intimidation or begging at ATMs should be criminalized but does not agree that standing by the side of the road with a sign should not be considered a crime. He stated that if this one section was changed he would support adoption. Mayor Dovey stated he believes that roadside begging does impede vehicular and pedestrian traffic; the City should be proactive in assisting homeless people but if they do not want the services the City and other agencies provide; the City should not enable them by allowing them to be there. City of Federal Way City Council Regular Meeting Minutes February 19, 2008-Page 4 of6 Councilmember Duclos agreed with Mayor Dovey and supports the ordinance changes. Councilmember Ferrell believes this particular section (criminalizing roadside begging) will be impossible to prosecute and will force people off populated intersections and into parking lots where there will be more person to person contact. Councilmember Kochmar stated that Kent, Auburn, Des Moines and Tacoma all have similar ordinances as the one Federal Way is proposing and if we allow this type of behavior then all panhandlers will gravitate here. Deputy Mayor Faison stated he had similar concerns with the criminalization provisions but feels more comfortable since being persuaded that the City of Tacoma ' s has been an effective deterrent. At present his only concern with the ordinance is the section 6-188(2)(b) regarding lying. Mr. Walls stated that the amendment only clarifies what lying is and this provision is already in the law. MAIN MOTION: Deputy Mayor Faison moved to approve the proposed ordinance. Councilmember Duclos second. AMENDMENT: Deputy Mayor Faison moved to remove section 6-188(2)(b) -lying provisions- from the ordinance. Councilmember Burbidge second. The motion failed due to a tie 3-3 vote: Councilmembers Ferrell, Burbidge and Deputy Mayor Faison for; Councilmembers Kochmar, Duclos and Mayor Dovey against. AMENDMENT: Councilmember Ferrell moved to eliminate section 6-188(2)(g)(iv) - begging where it is likely to impede pedestrian or vehicular traffic. The motion died for lack of a second. VOTE ON MAIN MOTION - passed 5-1; Councilmember Ferrell dissenting. d. Resolution: Ming Court Plat Condition Modification Request Senior Planner Deb Barker presented a proposed modification to plat conditions requested by owner Norris Homes. They seek permission to clear significant trees in advance of final plat approval. Current code permits tree removal, clearing and grading, only when building permits are issued. Councilmember Kochmar stated this item came before the Land Use/Transportation Committee, they recommended denial of the clearing request. However, she now recommends that the Council approve the clearing and grading request with conditions that include replacing a neighbor's fence. MOTION - Councilmember Kochmar moved to approve the staff recommendation conditioned upon the neighbor's fence replacement (temporary during construction, then permanently). Mayor Dovey second. FRIENDLY AMENDMENT: Mayor Dovey introduced a Friendly Amendment that would have the builder commence construction of the homes within 9 months of receiving final plat approval or face a $10,000 fme. The Friendly Amendment was accepted by Councilmember Kochmar. The motion passed 5-1 - Councilmember Ferrell dissenting. City of Federal Way City Council Regular Meeting Minutes February 19, 2008-Page 5of6 e. Teamsters Union Contract Agreement for Court Clerks MOTION: Deputy Mayor Faison moved approval of the Teamsters Union Contract for Court Clerks. Councilmember Kochmar second. The motion carried 6-0. f. Appointment of Municipal Judge City Manager Beets recommended David A. Larson for appointment of Municipal Court Judge for a term beginning March 3, 2008 and expiring December 31, 2009. City Manager Beets stated that Mr. Larson has over 20 years of experience in the practice of law and is also the current Federal Way School Board President. Should his appointment be confirmed Mr. Larson would unfortunately have to resign his post on the school board but he is prepared to do so. Mr. Beets explained that after the initial term, this position will be subject to election. MOTION: Councilmember Kochmar moved approval ofthe appointment of David A. Larson to Municipal Judge. Councilmember Duclos second. Councilmember Kochmar stated that under normal circumstances she would have preferred a public process in selecting a Judge however, in order to give the court some needed assistance and stability she would support this appointment without a public process. Councilmember Duclos concurred with Councilmember Kochmar and stated that due to the current difficulties in the court at this time, it seems appropriate to appoint without such a process. She also stated that she agrees with the City Manager's recommendation of David A. Larson Councilmember Burbidge also expressed her desire that under normal circumstances appointments such as these be done under a public process. The motion carried 6-0. 7. CITY COUNCIL REPORTS Councilmember Duclos announced she has been appointed to the King County Joint Recommendation Committee which deals with allocation of Government funds. She also thanked staff for their emergency preparedness training for employees at the Multi-Service Center. Councilmember Burbidge reported the next meeting of the Parks/Recreation/Human Services/Public Safety Committee is scheduled for March 11, 2008 at 6:00 PM. She also attended a Puget Sound Regional Council Transportation Policy Board meeting where they heard a report on encouraging people to change their behavior while driving which reduces accident rates. Councilmember Kochmar reported the next meeting of the Land U se/Transportation Committee is scheduled for February 25, 2008 at 6:00 PM. She also announced the Chamber's Literacy Breakfast scheduled for February 29, 2008 at the Christian Faith Center. Deputy Mayor Faison announced, for Councilmember Park, the next meeting of the Finance/Economic Development/Regional Affairs Committee which is scheduled for February 26, 2008 at 5:30 PM. City of Federal Way City Council Regular Meeting Minutes February 19, 2008-Page 6of6 Mayor Dovey reviewed a recent Town Hall Meeting on February 12, 2008 at Nautilus Elementary School. He stated eight citizens attended. The next Town Hall Meeting is scheduled for February 25th at 7:00 PM at the Christian Faith Center. He 'stated these meetings will be held throughout the year. 8. CITY MANAGER REPORT City Manager Beets announced that Council would adjourn to Executive Session to discuss potential litigation and collective bargaining expected to last 20 minutes with no action expected. 9. EXECUTIVE SESSION The Council adjourned to Executive Session at 9:41 PM. a. Potential Litigation pursuant to RCW 42.30.110(1 )(i) b. Collective Bargaining pursuant to RCW 42.30.140(4)(a) 10. ADJOURNMENT Mayor Dovey adjourned the meeting at 9:58 PM.