Council MIN 11-01-2005 Regular
o. ~~~y
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
November 1, 2005 -7:00 PM
MINUTES
1. CALL MEETING TO ORDER
Mayor McColgan called the Regular Meeting ofthe Federal Way City Council to order at
7:02 PM.
Councilmembers Present: Burbidge, Dovey, Faison, Ferrell, Park, Deputy Mayor Kochmar
and Mayor McColgan.
Staff Present: City Manager David Moseley, City Attorney Pat Richardson and City Clerk
Laura lIathaway.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Terry Hickel of the Federal Way Chamber of
Commerce.
Councilmember Burbidge recognized a number of Advancing Leadership members in the
audience.
MOTION: Couneilmember Dovey moved the addition of the Timothy Beck Settlement
Agreement to the Council Agenda under Council Business. Councilmember Park second.
The motion carried 7-0.
Ill. PRESENT A TrONS
a. Presentation Award / Dick Mayer, Federal Way Wal-Mart Store #2571
Presentation Safe Neighborhood Heroes Award /Federal Way Fire and
Police Departments
Dick Mayor of Federal Way Wal-Mart Store #2571 introduced Wal-Mart
Representative Paul Cox who presented both the Police Department and Fire
Department with checks for $1,000.00 in honor of the work they do in the
community.
Federal Way City Council Regular Meeting Minutes
0 November I, 2005 - Page 2 of 6
b. Introduction of New Employees / City Manager
City Manager David Moselcy introduced Chuck Wilson, who was unable to attend
tonight's meeting, as the new Electrical/Building Inspector for the City.
c. Emerging Issues / City Manager
None.
IV. CITIZEN COMMENT
Gayla Hardison spoke in regards to a recent crime incident involving hcr vehicle
and praised the Police Departmcnt's response. Shc feels crime in Fcderal Way is
on the rise and asked the City to be more competitive with other agcncies in ordcr
that .Federal Way keeps its forcc fully staffed.
Frosty Ilardi son - submitted a proposed ordinance to the City Council regulating
loud music emanating from cars. He stated that the loud music is offensive to
others and askcd that an ordinance be put in place that would allow the police to
enforce it.
Phil Dalymple - spoke in support of Little League and asked the City for support in
funding. lIe also asked for the City's support to clean up the field by
Weyerhaeuser.
Scott Henderson - agreed with the previous speaker and askcd who on thc stan they
could engage to work with'in order to obtain grants, ctc., for programs like Littlc
L,eague and park clean-up.
Norma Blanchard - spoke regarding an on-going code compliance complaint and
asked for the City to stop making excuses and enforce the code.
Sue Newsham - thanked the Council for the funding of the Centerstage Theatre and
reviewed upcoming performanccs.
Elisabeth Hardison ~- spoke in support of the ordinance prohibiting aggressive
begging.
Mayor McColgan entertained Council questions.
Councilmcmbcr Ferrell asked for an update regarding the codc compliance
complaint by Ms. Blanchard. Mr. Moseley stated there had been SOlllC
improvement, but not enough to satisfy the City. Hc stated the City will work with
the offenders until they arc in compliance. Community Development Director
Kathy McClung concurred with Mr. Moseley.
.
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. November I, 2005 - Page 3 of 6
MOTION: Councilmcmber Ferrell moved to rcopen Public Comment. Councilmember
Dovcy sccond. Motion carried 7-0.
Richard Schultz - spoke regarding the code compliance complaint being referred to and
stated that the City's Code Compliance Officers make excuses for the people and amend
the deadlines that have been set. This enables people to continue the behavior. He statcd
no deadlines or schedules for clean-up have been met at the residence in question.
Mayor McColgan statcd he would be contacted.
Deputy Mayor Kochmar ask cd the Parks/Recreation/Human Scrvices and Public Safcty
Committce to review the proposed ordinancc/rcquest by Mr. Hardison.
Councilmcmber Burbidge stated the Parks/Rccreation/Human Services and Public Safety
Committee will also look at the Little League request.
Deputy Mayor Kachmar thanked the Wal-Mart representativcs for their contribution.
V. CONSENT AGENDA
a. Minutes / October 18, 2005 Regular Meeting - Approved
b. Enactment Ordinance / CC Bill #388/Update Chapter 6. Criminal Codc &
Chapter 15, Traffic Code - Approved Ordinance #05-508
c. Enactment Ordinance / CC Bill #389/Criminal Code Update -- Aggressive
Begging Provisions - Pulled
d. First Amendment to Comprehensivc Garbage, Rccyclables and Yard l)ebris
Collection Contract for City of Federal Way and Waste Management of
Washington, Inc. (ACT #01-144) -Approved
e. Tourism Enhancement Grant ADPIication Awards - Pulled
f. SDrint Spectrum Panthcr T _ake Site Lcase Extension - Approved
MOTION: Deputy Mayor Kochmar movcd approval of Consent Itcms a, b, d, and f.
Councilmembcr Park second. Motion carried 7-0.
Consent Agenda Item c - Enactment Ordinance / CC Bill #389/Criminal Code Update-
Aggressive llegging Provisions:
City Attorney Pat Richardson addressed the ordinance stating it expands the definition of
aggresS1VC.
Councilmembel' Dovey asked if this ordinance is thc toughest we can get. Ms. Richardson
responded that for criminal code violations, yes.
MOTION: Councilmember Burbidge moved approval of the ordinance. Deputy Mayor
Kochmar second. Motion carried 7-0.
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Consent Agenda Itcm e ~,- Tourism Enhancement Grant Application Awards:
Economic Development Dircctor Patrick Doherty addressed and gavc background on the
process of how grant awards are allocated. He stated that $48,000 in grant money was
requested, but thel'e is only $] 8,000 available.
MOTION: Councilmember Ferrell movcd approval of the Tourism Enhancement Grants
as amended by the financc/Economic Development/Regional Affairs.Committee
(FEDRAC). Councilmember Dovey second.
Discussion: Councilmember Park stated the amounts recommended by the Lodging Tax
Advisory Committee were based on a certain criteria and he will vote against.
Councilmember Dovey withdrew his second. Councilmember Fcrrcll left the motion on
the table. Mayor McColgan asked for a second. Councilmembef Burbidge sccond.
AMENDMENT: Councihnember Park moved to approve the Tourism Enhanccment
Grant and allocate $1,700 to the Federal Way Symphony Orchestra/Holiday Pops Concert
and an additional $500.00 (for a total of $5,0(0) to thc Raiders Parents Movcment!
Washington Statc Coaches Association "All-State Girls Basketball Gmncs".
Councilmember Dovey second.
VOTE: Amendment failed 4-3; Councilmembers Ferrell, Faison, Burbidge and Kochmar
dissenting.
VOTE ON MAIN MOTION: Main Motion to allocate funds based on FEDRAC
amendments passed 5-2; Council members Dovey and Park dissenting.
VI. PUBLIC lIEARlNG
a. Proposed Mid-Biennium 2005-2006 Budgct/Revenue Sourc~s / Property
'fax Rate / Pursuant to RCW 35A.34
. Staff Presentation
. Citizcn Comment (3-minllte limit)
Mayor McColgan reviewed the process for the public hearing and opencd it at 8: 1 0 PM.
Management Scrviccs Dircctor lwcn Wang reviewed the 2005/2006 mid-biennium budget
adjustments, housekecping adjustments, gave an overview of recommendations and
reviewed revenue and expenditure adJ~ustments. Ms. Wang reviewed the 2007/2008
outlook. She also addressed challenges facing the City including pension costs, medical
premiums, employee recruitment, structural imbalanccs between revenue and expenditurcs.
Ms. Wang reviewed the upcoming budget/public hearing calendar.
Public Comment: None received.
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Ms. Wang entertaincd Council questions.
Deputy Mayor Kochmar asked Ms. Wang to review potential revenue options. Ms. W,U1g
stated that options include a Lid Lift, Bond Levy (requires 60(% voter approval), Utility Tax
(votcr approval needed), and REET.
Councilmember Ferrell asked about the proposed Emergcncy Management Position.
Staff wi II comcback to Council with more information on Council questions and discuss
the proposed budget adjustments in further dctail at the Special Mcetings on Monday,
November 14 and Tuesday, Novcmber 15.
MOTION: Councilmember Ferrcll moved to close the public hearing. Deputy Mayor
Kochmar second. The motion carried 7-0.
The public hearing was closed at 9:23 PM.
VII. CITY COUNCIL BUSINESS
a. Approval of New City Hall Contracts
b. Diversity Commission Appointment
c. Timothy Bcck Settlement Agreement- Added Item
MOTION: Councilmember Faison moved approval of the new City Hall contracts.
Deputy Mayor Kochmar second. The motion carried 7~0.
MOTION: Councihnember Faison moved approval of the appointment of Christinc
Martin to thc Diversity Commission for a term that expires on May 31, 2008.
Councilmcmbcr Burbidge second. The motion carried 7-0.
MOTION: Councilmemhcr Doveymoved to authorize the City Manager to execute the
necessary documents for the Timothy Beck settlement agreement in the amount of
$150,000. Councilmember Ferrell sccond. The motion carricd 7-0.
VIII. CITY COUNCIL REPORTS
Councilmcmber Ferrell reported on the SCA Public Issucs Commission mecting he
attended which heard from the Committee to End Homelessness. He also asked for a
briefing on emergency preparedness and encouraged the public to attend the budget
meetings.
Councilmember Park stated the next Lodging Tax Advisory Committec Meeting is
scheduled for Friday, November 18, 2005. He reminded the public that Tuesday,
November 8th is Election Day.
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Federal Way City Council Regular Meeting Minutes
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Deputy Mayor Kochmar stated the Planning Commission will have a public hearing on
City Code Amcndmcnts at its Wcdnesday, November 16th mceting.
Councilmember Burbidge stated the next meeting of the Parks/Recreation/Human
Services/Public Safety Commission is scheduled for Monday, November 14th.
Councilrnembcr Dovey reported that the ncxt Land Use/Transportation Committec meeting
is scheduled for Monday, Novcmber ill.
Councilmcmber Faison reported that, duc to the General Election, thc Tuesday,
November 8th Financc/Economic Development/Regional Affairs Committee meeting has
been cancelled.
Mayor McColgan encouragcd cveryone to vote on November gth,
IX. CITY MANAGER REPORT
City Manager David Moseley stated that: Fedcral Way flags will be flying at half-mast in
honor of Rosa Parks; Staff will be giving an update on the City and Community Center at
the Chamber Luncheon tomorrow (Wednesday, Novcmber 2nd) ,md the latest edition ofthc
"City Update" is now appearing on FWTV Channel 21,
MOTION: Councilmember Ferrell moved to extend thc meeting to 11 :00 PM.
Councilmember Burbidge second. The motion carried 7-0.
Council adjourned to Exccutivc Session at 9:45 PM.
X. EXECUTIVE SESSION
a. Collective Bargaining / Pursuant to RCW 42.30.J40(4)(a).
b. Potential Litigation / Pursuant to RCW 42.30, J J On) (i)
XI. ADJOURNMENT
Council reconvened to Regular Session and adjouD1ed the meeting at 10:53 PM.
ATTEST:
,aura K. Hi: thaway
City Clerk
Approved by Council on: 11/15/2005