Council MIN 03-20-2007 Regular
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
March 20, 2007 -7:00 PM
(www.cityoffederalway.com)
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1. MEETING CALL TO ORDER
Mayor Park called the meeting to order at 7 :06 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar,
McColgan, Deputy Mayor Ferrell and Mayor Park present.
2. PLEDGE OF ALLEGIANCE
Todd Beamer High School Jr. ROTC presented the presentation of colors and led the flag salute.
MOTION: Councilmember Burbidge moved to amend the agenda to add under Council Business,
Item 7d - Proposed Settlement of Natalie Wales v. City of Federal Way, et al. Deputy Mayor Ferrell
second. The motion carried 7-0.
3. PRESENTATIONS
a. Certificates of Appointment - Human Services Commission
Councilmember Kochmar presented Certificates of Appointment to newly appointed Commission
members.
b. City Manager - Introduction of New Employees
City Manager Neal Beets introduced Police Records Specialist Janet Ritchie.
c. City Manager - Emerging Issues
City Manager Beets stated there were no emerging issues other than to remind the public and Council
of the grand opening ceremony for the Community Center on March 31, 2007 and the City-wide
graffiti paint-out on April 21, 2007.
4. CITIZEN COMMENT
Barbara Reid - spoke in opposition to Consent Agenda Item 5j - Celebration Park Maintenance
Building. She stated this proposed building is not what was envisioned originally and asked that the
item be tabled and the City enter into a partnership with the Federal Way School District to build a
maintenance building.
Sydney Bersante - spoke in support of Agenda Item 7a - St. Francis Hospital Certificate of Need
Resolution.
Caleb Allen - asked for a symbolic vote in support of the upcoming school bond levy. City Attorney
Pat Richardson stated it is against state law to use government facilities to advocate for election
measures, in support or opposition, and asked him to conclude speaking.
Scott Chase - spoke in support of the proposed Graffiti Ordinances before the Council this evening.
Margaret Nelson - spoke in support of the proposed Graffiti Ordinances before the Council this
evenmg.
Clara McArthur - written statement read into the record by City Clerk Laura Hathaway - in opposition
to the Graffiti Ordinances being proposed.
City Clerk Hathaway also stated she received a phone quote to be read into the record and deferred to
City Attorney Richardson who stated that due to the fact the City has no way of verifying a quote, the
City would not allow it to be read into the record.
MOTION: Councilmember Faison moved to have a discussion on the upcoming School Bond
Measure on the April 3, 2007 Council Meeting. Councilmember Dovey second.
City Attorney Richardson stated she would check with the Public Disclosure Commission and the City
will need to notice the meeting to allow for both sides of the issue to present their position.
The motion carried unanimously 7-0.
5. CONSENT AGENDA
a. Minutes: Approval of the March 6, 2007 Regular and Special City Council Minutes -
Approved as presented
b. ENACTMENT ORDINANCE: Council Bill #430 - Carry-Forward Budget Adjustment -
Approved - Ordinance Number 07-549
c. 21 51 Avenue South Grid Road Project Acceptance and Retainage Release - Approved
d. RESOLUTION: Sterling Woods Preliminary Plat Approval- Approved Resolution Number
07-495
e. South 30Slh Street Stormwater Facility Modification Project - 30% Design Status Report -
Approved
f. 26th Avenue SW Drainage Replacement Project - 100% Design Status Report and Request
Approval to Bid - Approved
g. Annexation Interlocal Agreement - Approved
h. 2007 Planning Commission Work Plan - Approved
1. West Hylebos Wetlands Park Boardwalk - 100% Design and Authorization to Bid -
Approved
J. Celebration Park Maintenance Building - Item pulled -postponed until after School Bond
Levy Vote
k. Cabins Park: A ward Landscape Bid - Approved
1. Letter to Sound Transit Expressing City Support for the Korean Women's Association Project
- Item Pulled and Tabled Indefinitely
Councilmember McColgan pulled Consent Item 5j.
Councilmember Faison pulled Consent Item 51.
MOTION: Deputy Mayor Ferrell moved approval of Consent Items a-i and k. Councilmember
Burbidge second. The motion carried 7-0.
Consent Item 5i: Celebration Park Maintenance Building
MOTION: Councilmember McColgan moved to postpone the vote on the Celebration Park
Maintenance Building until after the school bond measure in May. Councilmember Dovey second.
Discussion: Councilmember Burbidge stated she is not clear on how this motion will affect the
timing/construction of the building.
City Manager Beets stated the City has had and continues to look at partnerships with the School
District, however even if the school bond passes there will be a significant amount of time before a
building is built and he is unsure that a partnership with the district for a building would remove the
need for this particular structure. He stated the plans for the district are to move the bus barn area.
Councilmember Kochmar stated the proposed building is aesthetically pleasing.
Parks Maintenance Supervisor Steve Ikerd stated the City spends approximately $4,000 annually on
equipment storage fees, not including staff time which equates to approximately $12,400 per year for a
total of$16,400 added expense.
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FRIENDLY AMENDMENT: Deputy Mayor Ferrell proposed the item be postponed to the April 3
Council Meeting for Discussion. Friendly Amendment was not accepted by Councilmember
McColgan.
AMENDMENT: Councilmember Kochmar moved to postpone discussion on this item to April 3,'
2007. Deputy Mayor Ferrell second. The motion failed 4-3; Councilmembers McColgan, Faison,
Dovey and Ferrell dissenting. Check TAPE
MAIN MOTION: To postpone discussion/vote on this issue until after the May 15, 2007 School
Bond Measure carried 7-0.
Consent Item 51- Letter to Sound Transit Expressing City Support for the Korean Women's
Association Proiect
MOTION: Councilmember Faison moved to table the item to a date uncertain. Councilmember
McColgan second. The motion carried 7-0.
6. INTRODUCTION ORDINANCES
GRAFFITI ORDINANCES:
MOTION: Councilmember Dovey moved to amend Council Bill #431 by adopting substitute
Amendment 1 in place to clarify the recitals, to eliminate civil violations, and to eliminate city fines,
fees, and penalties. WHO SECOND. The motion carried 7-0.
City Attorney Richardson presented the background for both proposed ordinances regarding graffiti.
She explained that the current code does not provide for a way to remove graffiti on private property
when the property owner fails to remove it. She further reviewed the current code as well as proposed
changes to increase enforcement abilities and addressed that the ordinances will create two new
crimes: Aggravated Graffiti and Possession of Graffiti Tools.
Ms. Richardson further explained the regulations of graffiti under the proposed substitute amendment
(changes to the one presented in the packet) gives the property owners three days to correct after
receipt of a Notice to Correct or to contact the City for an abatement plan; property owners are also
allowed an opportunity to appeal to the hearing examiner.
Lastly, Ms. Richardson stated both these proposed ordinances would be declared emergencies to
become effective immediately and announced the City-wide paint-out on April 21, 2007.
a. COUNCIL BILL #431- DEEMING GRAFFITI A PUBLIC NUISANCE. NOTICE AND VIOLATION
AND AUTHORIZING ABATEMENT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTERS 1, 10 AND 22 OF THE FEDERAL WAY
CITY CODE TO CREATE A NEW ARTICLE TO PROVIDE FOR THE REGULATION
AND REMOVAL OF GRAFFITI, AND AMENDING THE FEDERAL WAY CITY CODE
TO PROVIDE THE ABATEMENT AND OTHER ENFORCEMENT MECHANISMS.
City Clerk Hathaway read the Substitute Ordinance Title into the record.
MOTION: Councilmember Dovey moved approval of the proposed substitute amendment for
emergency enactment. Councilmember McColgan second. The motion carried unanimously 7-0.
Ordinance number 07-550 - effective immediately.
b. COUNCIL BILL #432 -PROHIBITION AGAINST THE POSSESSION OF GRAFFITI TOOLS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-215 OF THE
CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO ADD THE CRIME OF
AGGRA VA TED GRAFFITI AND A PROHIBITION AGAINST THE POSSESSION OF
GRAFFITI TOOLS AND CHANGE THE PENALTIES
City Clerk Hathaway read the Ordinance Title into the record.
MOTION: Councilmember Burbidge moved approval of the Ordinance prohibiting possession of
graffiti tools. Deputy Mayor Ferrell second~ The motion carried 7-0. Ordinance Number 07-551 -
effective immediately.
c. COUNCIL BILL #433 - AMENDMENT TO. AND CODIFICATION OF. THE CITY CENTER
PLANNED ACTION ORDINANCE
AN ORDINANCE OF THE CITY OF FEDERAL WAY WASHINGTON AMENDING
ORDINANCE NO. 07-547 ESTABLISHING THE CITY CENTER PLANNED ACTION
PURSUANT TO RCW 43 21 031 AND PROVIDING FOR CODIFICATION.
(AMENDING ORDINANCE NO 07-547)
City Clerk Hathaway read the Ordinance Title into the record
MOTION: Councilmember Dovey moved to approve the Ordinance for second reading/enactment at
the April 3, 2007 City Council Meeting. Councilmember Kochmar second. The motion carried 7-0.
7. COUNCIL BUSINESS
a. RESOLUTION: Saint Francis Hospital Certificate of Need
MOTION: Mayor Park moved approval of the Resolution in support of Saint Francis Hospital.
Councilmember Burbidge second. The motion carried 7-0. Resolution Number 07-496.
b. Parks & Recreation Commission Vacancy
MOTION: Councilmember Burbidge moved to appoint Tom Medhurst to fill an unexpired term
through April 30, 2009 on the Parks and Recreation Commission. Councilmember Kochmar second.
The motion carried 7-0.
c. Appointment of Municipal Court Judge
City Manager Beets reviewed the process undertaken in the recommended selection of the additiona,l
Judge and has recommended Colleen Hartl as Municipal Court Judge.
M OTI ON: Councilmember Dovey moved to confirm the appointment of Coleen Hartl as Municipal
Court Judge. Councilmember Kochmar second. The motion carried 7-0.
d. ADDED ITEM - Approval of Natalie Wales vs. City of Federal Way Settlement
Agreement
City Attorney Richardson gave a brief background on, this agreement stating the case went to
mediation, which resulted in this agreement.
MOTION: Councilmember Kochmar moved approval of the settlement agreement in the case of
Natalie Wales vs. City of Federal Way. Deputy Mayor Ferrell second. The motion carried 7-0.
8. COUNCIL REPORTS
Councilmember Faison reviewed recent crime statistic reports and stated that in comparison to other
cities in the area, Federal Way's crime rate is lower.
Councilmember Burbidge stated the next Parks/RecreationlPublic Safety Committee is scheduled for
April 10,2007 at 6:00 PM. She also updated the Council on regional transportation meetingslissues
and upcoming community events.
Deputy Mayor Ferrell announced a Call to Action Forum in regards to domestic violence in the
Council Chambers on March 26, 2007.
Councilmember Kochmar thanked those involved in the School District's fund raising event to put
defibulators in all schools and announced the next Finance/Human Services/Regional Affairs
Committee is scheduled for March 27, 2007 at 5:30 PM.
Mayor Park updated the Council on his and Councilmember Kochmar's recent trip to Washington D.C
to meet with the City's legislative representatives. The City is requesting a total of $7.75 million in
Federal money for three projects in the City.
9. CITY MANAGER REPORT
There was no report from the City Manager.
10. ADJOURNMENT
Mayor Park adjourned the meeting at 9: 1 0 PM.
rJ ATTEST:
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Approved by Council on: ~