Council MIN 09-05-2006 Regular
CITY COUNCIL
REGULAR MEETING
City Council Chambers, City Hall
September 5, 2006 - 7 :00 PM
MINUTES
(www.cityoffederalway.com)
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1. CALL MEETING TO ORDER
Mayor Park called the Regular Meeting to order at 7:07 PM. Councilmembers Burbidge, Dovey, Faison,
Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park present.
2. PLEDGE OF ALLEGIANCE - Led by Councilmember Faison
3. PRESENTATIONS
a. Proclamation: "Kids Day Americallnternational™'' - Councilmember Kochmar presented the
Proclamation to Dr. Steven Ball.
b. Swearing-in Ceremony for Interim Deputy Police Chief Andy Hwang - Judge Michael Morgan presided
over the swearing-in ceremony of Interim Deputy Police Chief Andy Hwang.
c. Certificates. of Appointment Diversity Commission - Councilmember Burbidge announced the
appointment ofRhona Ray to the Diversity Commission; Ms. Ray was unable to attend the meeting to
receive her certificate of appointment
d. Certificates of Appointment for Lodging Tax Advisory Committee - Mayor Park presented Certificates
of Appointment to the Lodging Tax Advisory Committee to Adina Lake and Joann Piquette. Gerry
Lamontagne was unable to attend.
e. Certificates of Appointment for Youth Commission - Councilmember Burbidge presented Certificates
of Appoint to the Youth Commission to Sarah Kirsch, Caroline Lee, Hayley Johnson and Lyndsey
Wilson. Kiley Martin, Allison Palambarit, Alleah Pac and Jashmin Park were unable to attend.
f. City Manager - Introduction of New Employees - City Manager Beets announced Darius Aldridge as
the newest member of the Public Safety Department. Mr. Aldridge was unable to attend.
g. City Manager - Emerging Issues - None
4. CITIZEN COMMENT
Paulette Weisinger - Spoke regarding the upcoming Autumn Gathering/World Music Festival at the Federal
Way Commons on September 10, 2006in honor of the victims of 9/11.
5. CONSENT AGENDA
a. Minutes: Approval of the August 1, 2006 Special & Regular Meetings - Approved
b. Vouchers - Approved
c. July 2006 Monthly Financial Report - Approved
d. ENACTMENT ORDINANCE: Council Bill # 411: Diversity Commission Residency Requirement-
Approved/Assigned Ordinance # 06-531
e. RESOLUTION: Setting the Public Hearing Date for the Street Vacation of Campus Highlands Division
1, 3 and 5 - Pulled for discussion and clarification of process
f. Amendments to the Council Rules to Allow Public Use of City Equipment during the Public Comment
Portion of the City Council Meetings - Approved
g. 2007-2008 Community Development Block Grant Program - Pulled
h. 21 51 Ave SW Extension (SW 3561h St to 220d Ave SW) Improvement Project -100% Design Status
Report - Approved
1. S. 320 St. at 1 st Ave S Intersection Improvements Project -100% Design Status Report - Pulled for
discussion
J. 2006-2007 Commute Trip Reduction Area Flexpass for City Hall- Approved
k. Purchase of Software and Hardware to Support Membership Enrollment at the New Community Center
- Approved
I. 2007 Arterial Street Landscape Maintenance Services - Authorization to Bid - Approved
m. 2007 Street Sweeping Services - Authorization to Bid- Approved
n. Pacific Highway South Northbound Left-turn Lanes at 3161h Street - Bid A ward- Approved
o. Lakota Creek East Branch Restoration Improvement - Final Acceptance- Approved
p. Award of Contract for RFB 06-110 Slope Mower Bid - Approved
q. Lake Jeane Outlet Improvement Project - 50% Design Approval- Approved
MOTION: CouncilmemberMcColganmoved approval of Consent Items a, b, c, d, f, h,j, k, I, m, n, o,pandq.
Deputy Mayor Ferrell second. The motion carried 7-0.
Consent Item e: RESOLUTION: Setting the Public Hearing Date for the Street Vacation of Campus
Highlands Division I, 3 and 5.
Councilmember Burbidge pulled this item to clarify the process for the street vacation. City Manager Neal Beets
stated that all property owners within 300 feet of the area to be vacated will be notified in writing in addition to
the regular public notice requirements. It was also clarified that this Resolution simply sets the date for the
Public Hearing.
MOTION: Councilmember Dovey moved approval the Resolution Setting the Public Hearing Date for the
Street Vacation of Campus Highlands Division I, 3 and 5. Councilmember McColgan second. The motion
carried 7-0. Assigned Resolution #-06-482.
Consent Item 2: 2007-2008 Community Development Block Grant Program
Deputy Mayor Ferrell and Councilmembers Burbidge and McColgan recused themselves as they are current
board members, or have been board members of organizations which have received grant money from the
Community Development Block Grant Program.
MOTION: Councilmember Kochmar moved approval ofthe 2007 -2008 Community Development Block Grant
Program. Councilmember Faison second. Motion passed 4-0 (Councilmembers Burbidge, McColgan and Deputy
Mayor Ferrell recused).
Consent Item i: S 320 Street at 1 st Avenue S Intersection Improvements Project -100% Design Status Report
MOTION: Councilmember Faison expressed concerns with this item and stated he is pleased to see that the
Land Use Transportation Committee wants the project put on hold. He asked that there be a reprioritization of
funds and moved the item be sent back to the Land Use Transportation Committee. Councilmember Dovey
second. Motion carried 7-0.
6. PUBLIC HEARING
a. A Proposition to Authorize the City to Levy a Utility Tax for Police and Community Safety on the
November 7 Ballot
Mayor Park opened the Public Hearing at 7:32 PM and read a brief introduction as to how the Public
Hearing would be conducted.
· Staff Report:
City Manager Neal Beets stated that staff has used the last month to meet with various community
groups and organizations informing them of this proposition and the City's need for the increase. Mr.
Beets stated the City will continue these meetings in the coming weeks.
Interim Police Chief Brian Wilson reviewed the core functions of the Police Department and the need to
enhanct personnel to handle those functions as well as support personnel. The proposition would
support an additional 18 officers divided up as follows: 10 patrol officers; 4 traffic officers and 4
detectives. It also asks for 1 records specialist; 1.8 personnel in the information technology division to
support the 18 officers and would also cover other areas of public safety support including the addition
of a .5 judge, 1.5 prosecutors and 1 municipal clerk.
Mr. Wilson went on to explain that other areas of Public Safety include code enforcement and park
. security. Therefore, the proposition, if approved, would also fund code enforcement personnel, a park
maintenance worker and contract security for the City's parks.
Management Services Director Iwen Wang reviewed the proposed funding source: a 1.75% increase in
the utility tax which will equate to approximately $73.00 a year for a single-family household and
$88.00 for a 2000 square foot business. This increase would generate $2.45 million which will fund the
public safetylquality of life issues the public safety division needs. Ms. Wang stated that staff and
Council looked at other revenue sources to fund the budget gap and there were two options: a Utility
Tax Increase or a Property Tax LID Lift. Ms. Wang stressed that a Property Tax LID Lift would be the
more expensive of the two for property owners.
· Public Comment:
Dini Duclos - spoke in support of the Utility Tax increase both as a property owner and as an employee
of a business located in the City.
Matthew Jarvis - spoke with mixed feelings regarding the proposed increase stating that although he
sees the need to increase the PubliclCommunity Safety division he feels there are areas, such as the arts
or city events, which could be cut to fund the public safety program.
Chuck DuffY - spoke in support of the utility tax increase and stated other programs should not come at
the expense of public safety. He felt other programs had been cut enough.
Councilmember Kochmar asked if the City could include the disabled and low income in the Utility Tax
Rebate Program. Ms. Wang stated that yes that is possible as long as the ordinance was amended.
Councilmember Kochmar stated that she believes it would be fair and that doing away with arts programs
and community events would make Federal Way a sad community in which to live.
Councilmember McColgan stated that 60% of the operating budget goes toward public safety and its related
activities and believes there is no other way to make the impacts the City needs to make.
The City Clerk read the Ordinance Title into the record:
Council Bill #412 - Ordinance Placing a Proposition Authorizing the City to Levy a Utility Tax on the
November 7.2006 Ballot
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERALW A Y, WASHINGTON,
PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY AT A GENERAL
ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR A PROPOSmON AUTIIORlZING THE
CITY TO LEVY A UTIL TY TAX FOR THE PURPOSE OF PROVIDING ENHANCED POLICE
AND COMMUNITY SAFETY.
MOTION: Councilmember Kochmar moved the Ordinance forward to second reading/enactment on the
September 19, 2006 Council agenda. Councilmember Dovey second. The motion carried 7-0.
Mayor-Park closed the Public Hearing at 8:15 PM.
b. Resolution Surplusing and Authorizing Sale of Coronado Tract B to Lakehaven Utility District
Mayor Park opened the Public Hearing at 8: 16PM and read a brief introduction as to how the Public Hearing
would be conducted.
· Staff Report
Parks Director Donna Hansen explained that Tract B is located across the street from Coronado Park
and is not part of the City's Capital Improvement Plan. She stated the property is undevelopable and is
costing the City money in maintenance.
· Public Comment
H. David Kaplan - asked what will be done with the proceeds from the sale and could the money go
towards the purchase of the Camp Kilworth site. Ms. Hansen stated yes, the proceeds could be used to
purchase other park property, including Camp Kilworth.
Councilmember McColgan asked if the proceeds of the sale could be used for park enhancements. Ms.
Hanson stated no, they could only be used to obtain park property, not to improve existing parks.
Councilmember Kochmar stated she would recuse herself from the vote as she is an employee with the
Lakehaven Utility district.
Councilmember Dovey inquired about the value of the property. Ms. Hansen responded the property was
appraised at $43,000.
· Resolution Consideration
MOTION: Councilmember Dovey moved approval of the Resolution declaring Tract B of Coronado
Park Surplus and Authorizing the Sale to Lakehaven Utility District. C~mncilmember Faison second.
The motion passed 6-0 (Councilmember Kochmar recused). Assigned Resolution # 06-483
Mayor Park closed the Public Hearing at 8:24 PM.
7. INTRODUCTION ORDINANCES
a. Council Bill #413 - Cottage Housing Code Amendments
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
ESTABLISHING A SELECTION PROCESS FOR COTTAGE HOUSING DEMONSTRATION
PROJECTS, ESTABLISHING A MAXIMUM OF FOUR DEMONSTRATION PROJECTS AND
ESTABLISHING ZONING REGULATIONS CONSISTING OF A NEW ARTICLE OF THE ZONING
CODE, TITLED "COTTAGE AND COMPACT SINGLE F AMIL Y HOUSING" AND AMENDING
FEDERAL WAY CITY CODE (FWCC) ARTICLE I, SECTION 22-1 TO ADD A DEFINITION OF
'COTTAGE HOUSING DEVELOPMENT', AND ARTICLE XI, SECTION 22-631, AND 22-666 TO
ALLOW COTTAGE HOUSING IN THE RS 7.2, RS 5.0 AND RM ZONING CLASSIFICATIONS
(AMENDING ORDINANCE NOS. 90-43, 90-51, 91-87, 91-92, 91-100, 91-105, 91-113, 93-170, 94-223,
95-245,96-269,96-270,97-295,97-296,97-300, 97-307, 99-337, 99-348, 99-353, 99-357, 00-363, 01-385,
02-424,03-443,04-457,04-468).
MOTION: Councilmember Dovey moved the Ordinance forward for second reading/enactment on the
September 19, 2006 Council agenda. Deputy Mayor Ferrell second.
Discussion: Councilmember Kochmar stated she likes this ordinance as it will provide affordable housing.
AMENDMENT: Councilmember McColgan moved to amend to the Ordinance to establish two versus four
demonstration projects. Councilmember Dovey second.
Senior Planner Isaac Conlen spoke to the amendment and stated two demonstration projects will achieve the
purpose with fairly minimal impact.
VOTE ON AMENDMENT: The amendment carried 7-0.
VOTE ON MAIN MOTION: The main motion to forward to the September 19, 2006 Council meeting for
enactment carried 7-0.
8. COUNCIL BUSINESS
a. Federal Way Community Center Business Plan Acceptance
Mary Faber, Recreation and Cultural Services Superintendent, introduced Jill Krantz, Principal of Green
Play LLC who reviewed and summarized the business plan. Ms. Krantz stated the plan takes the project
from conception to operation and reviewed the fee structure, proposed changes and proposed service hours.
Councilmember Dovey asked when staff will start marketing the plan. Ms. Faber answered about six weeks
prior to opening.
Councilmember Faison asked for clarification regarding the family pass and whether or not the number of
children mattered. Ms. Krantz stated it did not; a family is defined as the number, however many, of
dependants in the household.
Mayor Park asked about the fee structure and whether or not it is competitive with other fitness facilities.
Ms. Krantz stated it is not fair to compare it with a fitness center because the Community Center is much
more than just a fitness facility. She also stated market the City is recruiting is the family market; fitness
centers do not cater to this market.
MOTION: Councilmember Burbidge moved approval of the Community Center Business Plan.
Councilmember Kochmar second. The motion carried 7-0.
b. Water Resource Inventory Area (WRIA) 9 Interlocal Agreement
Councilmember Dovey explained the reason this item came before the full Council without a
recommendation from the Land Use Transportation Committee is that while the Committee did not see any
projects being directly associated with the City of Federal Way, the City is being asked to contribute
$17,851 annually for a nine-year period. Therefore, the Committee felt this issue should come before the
Council as a whole.
Mr. Bucich explained that the City would be able to terminate the agreement in writing any time during the
agreement period.
Councilmember Kochmar asked Mr. Bucich if pulling out of the WRIA 9 Agreement would, or could, affect
the City's ability to obtain grant funding for surface water management projects. Mr. Bucich replied that yes,
terminating the agreement could be an issue if it is shown that the City does not participate in other salmon
habitat programs.
Councilmember Faison asked if any other cities are considering pulling out of the agreement. Doug
Osterman, King County Surface Water Management Representative, responded that the City of Seattle is
currently considering the agreement and had some concerns. However, his understanding is that those
concerns have been resolved.
Mayor Park asked if the City's reputation or standing with other cities would be affected if Federal Way
refused to sign the agreement. Mr. Bucich stated that other cities might wonder if Federal Way is a "regional
player".
Councilmember Burbidge believes the City should move forward and sign the agreement but work toward a
project that will benefit the habitat in Federal Way.
MOTION: Councilmember Dovey moved authorization for the City Manager to sign the WRIA 9 Interlocal
Agreement once King County and the City of Seattle sign, capping the amount paid annually at $17,851.00.
Councilmember Kochmar second. Motion carried 7-0.
Proposed Settlement Af!reements: City Attorney Pat Richardson stated that in each of the following items the
City's Insurance Company recommended the settlement, and in each case the settlement would be cheaper than
going to trial.
c. Proposed Settlement Agreement of Christina Howe v. Federal Way et al.
MOTION: Councilmember Dovey moved approval of the settlement agreement. Councilmember Faison
second. The motion carried 7-0.
d. Proposed Settlement Agreement of Nikki Stivers v. Federal Way et al.
MOTION: Councilmember Kochmar moved approval of the settlement agreement. Deputy Mayor Ferrell
second. The motion carried 7-0.
e. Proposed Settlement Agreement of Marquita Jackson v. Calhoun et al.
MOTION: Councilmember McColgan moved approval of the settlement agreement. Councilmember
Faison second. The motion carried 7-0.
9. CITY COUNCIL REPORTS
Councilmember McColgan thanked the volunteers who assisted with Federal Way's Festival Days.
Councilmember Faison stated the next Economic Development Committee meeting is scheduled for
September 19, 2006 at 5:30 PM.
Councilmember Dovey reported the next Land Use Transportation Committee Meeting is scheduled for
September 11, 2006.
Councilmember Burbidge stated the next Parks, Recreation, Public Safety Committee Meeting is also
scheduled for September 11, 2006 and reported the agenda topics. She also announced the Police Department's
Town Hall meeting scheduled for September 14, 2006 and other upcoming community events including the
Women's Triathlon at Steel Lake Park on September 10, 2006.
Councilmember Kochmar stated that in addition to the Triathlon on Sunday September 10, 2006, a Suicide
Awareness Walk at will be held at Federal Way Stadium at 1 :00 PM. Councilmember Kochmar went on to
report that she would attend the Suburban Cities Policy Issues Committee Meeting on September 6 and the Joint
CitylChamber Meeting on September 7,2006.
Mayor Park also thanked all participants that made Federal Way's Festival Days a success and reported that
members of the Korean Community donated $27,000 to fill the gap in funding from the Han Woo Ri Festival;
because of this donation the $30,000 that was approved from the City Manager's contingency fund to fill the gap
will be repaid. Mayor Park read a letter received along with the donation and stated the parties wished to remain
anonymous.
10. CITY MANAGER REPORT
City Manager Neal Beets thanked Council, staff, and community members for being so informative and
cooperative; stated that the Community Center Construction Manager will be on hand at the September 11, 2006
Parks, Recreation, Public Safety Committee meeting to update the Committee on the construction schedule.
Mr. Beets announced the two Executive Session items to be discussed.
11. EXECUTIVE SESSION
Council convened to Executive Session on 9:27 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)
12. ADJOURNMENT
Mayor Park adjourned the regular meeting at 9:47 PM.
ATTEST:
City Clerk
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