Council MIN 06-06-2006 Regular
------------------------------
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
June 06, 2006 - 7:00 PM
(www.cityoffederalway.com)
MINUTES
*****
1. CALL MEETING TO ORDER
Mayor Park called the meeting to order at 7 :04 PM. Councilmembers Burbidge, Dovey,
Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park present.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was performed by a second grade class from Sherwood Forest
Elementary School.
MOTION: Councilmember Burbidge moved to amend the agenda to add Collective Bargaining
for Executive Session pursuant to RCW 42.30.140(4)(b). Deputy Mayor'FerreU second. The ,
motion carried 7-0.
3. PRESENTATIONS
a. City Manager - Introduction of New Employees
Interim City Manager Derek Matheson announced one new employee - Andrea
Bykerk as a new Office Technician in the Community Development Department
b. City Manager - Emerging Issues
. Police Bargaining Unit Dialogue - Mr. Matheson updated Council on the
bargaining unit dialogue and introduced several officers representing the units.
Mr. Matheson reviewed the bargaining units' long-term goals and issues, the
City's long-term goals and issues, common goals and next steps.
. Fireworks Campaign Presentation - Kendra Kay of South King Fire and
Rescue and Christina Smith, Management Intern updated the Council on the
Fireworks Information Campaign to remind citizens that fireworks are illegal in
the City. The campaign has several components - Educate, Inform, Remind,
Prepare and Compliance.
4. CITIZEN COMMENT
Roy Parke- spoke regarding property condemnation that took place in 2001.
Elizabeth Hardison - spoke in opposition to the proposed ban on PowerPoint presentations.
Gavla Hardison - spoke in opposition to the proposed ban on PowerPoint presentations and
singled out individual Councilmembers in her remarks.
City Attorney Pat Richardson called for a point of order stating that per Council Rules of
Procedure individual Councilmembers or staff are not to be singled-out during the Citizen
Comment period.
Frostv Hardison - spoke in opposition to the proposed ban on PowerPoint presentations. He also
mentioned his intent to change the City's form of government from a Council/Manager form to a
Mayor/Council form of government.
City Attorney Pat Richardson stated that state law prohibits the use of public facilities for
campaigning/election purposes.
Kevin Morris - Spoke in support ofthe proposed Dangerous Dog ban but worries that defining a
"dangerous dog" is such a gray area and asked that the ordinance punish the dog owner not the
dog.
Margaret Nelson - spoke in opposition to the PowerPoint Presentation ban.
Marie Seicequa - spoke in opposition to the PowerPoint Presentation ban.
,'.Joev Kave-spokein reference to an illegal daycare in her neighborhood, a.Parkillg.jssue in.her
neighborhood and graffiti littering the City.
H. David Kaplan - Thanked council for the fireworks ban, and read an email from Lisa Johnson
opposing the PowerPoint ban.
Barbara Reid - spoke in opposition to the "politicking" that has been taking place at the podium
in recent meetings. She reminded the audience that the purpose of Council Meetings is to conduct
City business not to campaign.
5. CONSENT AGENDA
a. Minutes: Approval of the May 15, 2006 Special Meeting, the May 16, 2006
Regular Meeting and the May 23, 2006 Special Meeting - Approved
b. Vouchers - Approved
c. Monthly Financial Report - Approved
d. Enactment Ordinance: Council Bill 405 - Transportation Concurrency Ordinance
- Approved: Ordinance No. 06-525
e. Authorizing Resolutions for 2006 IAC Grant Applications - Approved
f. Resolution: Setting the date for a Public Hearing for the Transportation
Improvement Plan - Approved: Resolution No. 06-475
g. Public Use of City Equipment - Pulled
h. Approval of Spring 2006 Tourism Enhancement Grant Applications - Approved
Deputy Mayor Ferrell pulled Consent Item (g).
-------
MOTION: Deputy Mayor Ferrell moved to approve Consent Items a-f and h.
Councilmember Dovey second. The motion carried 7-0.
Consent Item g- Public Use of City Equipment:
Deputy Mayor Ferrell stated that the perception ofthe community is that the City is trying
to censor them; he is against the proposal.
Councilmember Dovey concurred stating he will vote against the proposed motion.
Councilmember Kochmar asked the City Attorney to give a brief background as to why
the Committee considered the ban on the use of City equipment. Pat Richardson stated
that two cities ban the use of city equipment: Redmond and Spokane. The issue is the
protection ofthe system and whether it could be construed as a gift of public funds ifused
for commercial purposes.
Councilmember Kochmar thought the issue should be tabled and referred back, to
Committee.
MOTION: Deputy Mayor Ferrell moved to reject the proposed ban. Councilmember
Dovey second. I .
Discussion: Councilmembers Faison and McColgan stated the issue should go through a .
more thorough thought process.
Councilmember Burbidge pointed out that the reason for citizen comment is to allow
citizens to share their concerns with the Council. She felt that staff should have time to
research the issue in detail.
Deputy Mayor Ferrell withdrew his motion - Councilmember Dovey concurred.
MOTION: Deputy Mayor Ferrell moved approval of Option #2 - Open the City's
equipment for use by the public, but direct staffto draft Council Rules establishing clear
parameters for use of equipment similar to the rules regarding the public comment to
restrict the use of equipment and to protect the City's network.
Discussion: Mayor Park addressed the Committee's intent and stated that initially staff
recommended option #2. He also reminded the public that citizen comments have a three-
minute time limit and asked that they not go over. He also stated that with the use of
PowerPoint presentations by citizens the three-minute rule stands.
VOTE: The motion carried 7-0.
-----------------
6. PUBLIC HEARING
a. 2006 Amendments to the Comprehensive Plan - Mayor Park opened the Public
Hearing at 8:29 PM.
. Staff Report
Senior Planner Margaret Clark presented the staff report stating that 12 requests were received for
2006 and reviewed each request. (A complete copy ofthe staff report/presentation is available in
the City Clerks office).
. Citizen Comment (3-minute limit)
Barry Anderson - submitted a letter asking the Council to hold the Public Hearing open until the
next City Council meeting on June 20, 2006 to allow BranBar, LLC to opportunity to present a
Comprehensive Plan amendment regarding a potential plat along 1 st Ave South.
Vilma Taylor - spoke in support of proposed plan amendment #8.
Barbara N apier - spoke in support of Comprehensive Plan Amendment # 10.
Norma Jean Brown - spoke in oppositIon of Comprehensive Plan Amendment # 5.
-_,l- Ed Sedlak - spoke in opposition to comprehensive plan Amendment #5.
Cameron Smock - spoke in favor of comprehensive plan amendment #7.
John Graham - spoke in support of comprehensive plan amendment # 4 rezoning the two lots
across from St. Francis Hospital. Mr. Graham stated that they spoke with the school in the area
and they are expecting a letter from the school district supporting the zoning change as well.
Kelly Comoza - City Clerk Laura Hathaway read her comments, opposing Comprehensive Plan
Amendment #2, into the record.
David Summerville - asked clarifying questions of staff regarding comprehensive plan
amendment #2.
Council QuestionslDiscussion:
Deputy Mayor Ferrell asked if Request #2, Trimble Property, received approval from both
neighbors. Staff replied they did not.
Councilmember Faison stated that Request #12 is counter to the City's Comprehensive Plan.
Councilmember Dovey urged support of the recommendations from the Land Use and
Transportation Committee.
MOTION: Councilmember McColgan moved to close the Public Hearing. Councilmember
Dovey second. The motion carried 7-0. The Public Hearing was closed at 9:19 PM.
------------------
Community Development Director Kathy McClung stated that the BranBar Request (public
comment #1) came in after the deadline and therefore was not considered.
MOTION: Councilmember Dovey moved approval of the 2006 Comprehensive Plan
Amendments as recommended by the Land Use/Transportation Committee. Councilmember
McColgan second.
AMENDMENT: Councilmember Faison moved that Request #12 be decided upon separately.
Councilmember Burbidge second. The motion carried 7-0.
AMENDMENT: Councilmember McColgan moved that Request #2 be decided upon separately.
Councilmember Faison second. The motion carried 7-0.
VOTE ON MAIN MOTION - The motion to move forward site-specific Requests #1,4,7,8,
and 10 carried 7-0.
MOTION - Site-specific Request #2: After reviewing the information and discussion,
Councilmember Faison moved to move forward Site-specific Request #2 but change the zoning to
RS 35.0 for the three properties (Trimble and the two adjacent properties). Councilmember
McColgan second. The motion carried 7-0.
MOTION - Site-specific Request #12 (Waller Property). Councilmember McColgan moved ~' i
request forward to further consider the zoning change to BC. CouncilmemberDovey second.
Motion passed 5-2; Councilmembers Faison and Burbidge dissenting.
MOTION: Councilmember Kochmar moved to suspend the rules to extend the Council Meeting
after 10:00 PM. Councilmember Burbidge second. The motion carried 7-0.
RECESS: Council recessed at 9:50 PM and reconvened at 9:57 PM.
7. COUNCIL BUSINESS
a. Brendan Wales Settlement Agreement
City Attorney Pat Richardson briefed the Council regarding the proposed settlement agreement.
MOTION: Councilmember Burbidge moved to authorize the City Manager to execute the
necessary document to settle Brendan Wales v. City of Federal Way in the amount of$12,750.
Councilmember Kochmar second. The motion carried 7-0.
8. INTRODUCTION ORDINANCES
a. Council Bill 406 - Ordinance to Add Crimes for Domestic Violence in the
Presence of Children and for Domestic Violence with Use of Strangulation.
--------------
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE VIII OF THE
FEDERAL WAY CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO
CIRMINALIZE DOMESTIC VIOLENCE IN THE PRESENCE OF CHILDREN
AND DOMESTIC VIOLENCE STRANGULATION (AMENDING
ORDINANCE NOS. 97-297 AND 92-299).
MOTION: Councilmember Burbidge moved to forward Council Bill 406 to a second
reading/enactment on the June 20, 2006 Council Agenda. Councilmember Kochmar second.
Discussion: Deputy Mayor Ferrell stated that this passage of this Ordinance is a watershed event
and will apply mandatory jail terms to both domestic violence in the presence of children and
domestic violence using strangulation. He specifically addressed the issue of domestic violence in
the presence of children and the negative impact it has.
The motion carried 7-0.
b. Council Bill 407 - Ordinance Prohibiting Dangerous Dogs in the City of Federal
Way
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING CHAPTER 4, ARTICLES I, II AND IV
OF THE FEDERALW.AYCITY CODE TO UPDATE DEFINITIONS WITH l'
REGARD TO ,,' DANGEROUS DOGE, PROVIDE NOTICE OF APPEAl.;
RIGHTS TO DOG OWNERS, PROHffiIT DANGEROUS DOGS WITHIN THE' "0
CITY LIMITS, AND INCREASE PENALTIES TO DOG OWNER (AMENDING
ORDINANCE NOS. 90-30, 92-153, AND 01-394).
MOTION: Councilmember Burbidge moved to forward Council Bill 407 to a second
reading/enactment on the June 20, 2006 Council Agenda. Councilmember McColgan second.
Discussion: Councilmember Dovey stated he will vote against this legislation feeling that it
doesn't go far enough yet goes far enough to open the City to potential litigation. He feels the
issue is emotionally charged based on one unfortunate event.
Councilmember Kochmar states that it does not go far enough but is a start.
The motion passed 6-1; Councilmember Dovey dissenting.
c. Council Bill 408 - Ordinance Adopting the 2006 Parks, Recreation & Open Space
Plan
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING THE CITY'S PARKS, RECREATION,
AND OPEN SPACE PLAN (AMENDING ORDINANCE NOS. 90-43, 91-114,
95-247,95-248,96-270,98-330,00-372,01-405, 03-442, 04-461, 04-662).
MOTION: Councilmember Burbidge moved to forward Council Bill 408 to a second
reading/enactment on the June 20,2006 Council Agenda. Councilmember McColgan second. The
motion carried 7-0.
d. Council Bill 409 - Ordinance Granting Washington State Parks and Recreation a
Sewer Line and Parks Utilities Franchise
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, GRANTING W ASHINGTION STATE PARKS AND
RECREATION A NONEXLUSIVE FRANCHISE TO OCCupy RIGHTS-OF-
WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE
SPECIIFED FRANCHISE AREA TO CONSTRUCT, MAINTAIN, REPAIR,
OPERATE, AND REMOVE GRAVITY SEWER LINE, AND OTHER
UTILITIES, WITH ALL CONNECTIONS AND APPURTENANCES
THERETO, FOR STATE PARK PURPOSES, WITHIN AND THROUGH
CERTAIN RIGHTS OF WAY AND STREETS WITHIN THE CITY OF
FEDERAL WAY.
MOTION: Deputy Mayor Ferrell moved to forward Council Bill 409 to a second
reading/enactment on the June 20, 2006 Council Agenda. Councilmember Faison second. The
motion carried 7-0.
9. GITYCOUNC{LRBPORrs. . r r '.-'
1:' ~\.} ,'..
t
I Councilmember McColgan reviewed the City Manager search process' stating'lhat Spelsial
Meetings will be held on June 16 and 17 to meet/interview the final candidates.
Councilmember Dovey stated the next Land Use Transportation Committee meeting is scheduled
for June 19, 1006.
Councilmember Burbidge stated the next meeting of the Parks, Recreation, and Public Safety
Committee is scheduled for July 10, 2006. She also stated that earlier in the evening Council
interviewed and appointed two candidates to serve on the City's Diversity Commission. Those
candidates are Nanette Gammage and DeBorah Little. Councilmember Burbidge stated that
Council will conduct another special meeting to interview a candidate for a third vacancy on the
Commission.
Councilmember Kochmar reported on the Triangle Project Reception held on June 3, 2006 at the
Sound Transit Facility; stated the next meeting of the Finance, Economic Development and
Regional Affairs Committee is scheduled for June 27, 2006.
Deputy Mayor Ferrell stated that June 10th is Flag Day and reminded people that today is the 62nd
Anniversary of D-Day. He also asked for a staff report regarding graffiti at the next Council
meeting and encouraged the public to attend the Public ForumlReception for the City Manager
candidates on June 16,2006.
Mayor Park reported on the upcoming Han Woo Ri Festival June 9-11,2006, and also stated that
the Triangle Interchange Celebration was well attended.
-------
10. CITY MANAGER REPORT
Interim City Manager Derek Matheson thanked staff, particularly Patrick Briggs, Natalie Rees
and the Police Department, for their work in pulling together the Triangle Interchange Project
Reception; announced the trip to our Sister City in Hachinohe, Japan is scheduled for October
18-28, 2006 and stated the Executive Session is scheduled to last approximately 45 minutes.
11. EXECUTIVE SESSION
Council adjourned to Executive Session at 10:42 PM to discuss the following:
a. Property Acquisition pursuant to RCW 42.30.110(1 )(b)
b. Potential Litigation pursuant to RCW 42.30.110 (1)(i)
c. Added Item - Collective Bargaining pursuant to RCW 42.30. 140(4)(b)
12. ADJOURNMENT
Mayor Park adjourned the meeting at 11 :25 PM.
ATTEST:
: Approved by Council on: 06120/2006