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Council MIN 02-05-2008 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 5, 2008 - 7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. CALL MEETING TO ORDER Mayor Dovey called the Regular Meeting to order at 7:04 PM. Councilmembers Burbidge, Duclos, Ferrell, Kochmar, Park, and Deputy Mayor Faison present. 2. PLEDGE OF ALLEGIANCE Mayor Dovey invited H. David Kaplan to lead the Flag Salute. MOTION: Deputy Mayor Faison moved to amend the agenda to add to Executive Session pursuant to RCW 42.30.110(1 )(g) the evaluation of qualifications of applicants for public office. Councilmember Kochmar second. The motion carried 7-0. 3. PRESENTATIONS Mayor Dovey rearranged the order of the Presentations as follows: . Certificates of Appointment - Planning Commission Councilmember Kochmar presented Certificates of Appointment to Planning Commission members Sarady Long and Tom Medhurst. . City Manager/Emerging Issues: City Manager Beets introduced Lynnette Hynden as the City's new Human Services Manager. Manuela Ginnett, Director of Housing for the Multi-Service Center, reported on the results of the One-night Count of the Homeless and comparisons of figures from previous years and other cities within King County. . Hachinohe Sister City Delegation Mayor Dovey introduced several delegates from Hachinohe, Japan and presented Mayor Makoto Kobayashi with a plaque commemorating the 15 year anniversary of the Sister City relationship and our continued friendship. Mayor Kobayashi, through an interpreter, thanked the City and stated that over the years the two cities have built friendships and trust and would like to take the relationship to a higher level which will benefit both cities. Mayor Dovey recessed the meeting at 7:27 PM for a brief reception honoring the Japanese delegation. Mayor Dovey reconvened the meeting at 7:47 PM. City of Federal Way City Council Regular Meeting Minutes February 5,2008- Page 2 of6 4. CITIZEN COMMENT Pam Tavlor, Multi-Service Center - thanked the City Council for initiating the $10,000 Challenge Grant to support the Federal Way Food Bank and stated that over $39,000 has been raised as a result of that challenge. She presented the City with a plaque which depicts a drawing of the Multi-Service Center drawn by an elementary student. Frosty Hardison - asked the City Council for a sign code amendment which would increase the fines for oversize signs. John Sheller, Manager ofF ederal Wav Regional Library - reported on the results of a community meeting held on January 31,2008 on the expansion and design of the regional library. Topics included space needs, collections, service plans, staff plans and a look at alternate sites to have open during the expansion. Mr. Sheller stated he is confident that the library will be able to maintain services during the expansion/closure of the Federal Way Regional Library. Gayla Hardison- asked for round-a-bouts to be put in place in the area of 8th Avenue SW and Dash Point Road to slow traffic down. Ron Moe, Reach-out Organization - stated his organization hopes to open a shelter for the homeless shelter in the City by fall. He invited the City Council to a meeting on February 26th and asked the city for support. Donald Barovic - Thanked Deputy Public Works Director Marwan Salloum for his work with the DOT and addressing his concerns regarding freezing water in the roadway which he brought up at a previous Council Meeting. The problem is being taken-care of. Margaret Nelson - supports the resolution on the agenda providing for continuity of services during the closure/expansion of the Federal Way Regional Library and thanked the Council for their support. H. David Kaplan - supports the resolution on the agenda providing for continuity of services during the closure/expansion of the Federal Way Regional Library and thanked the Council for their support. He cautioned the City to make sure the King County Library follows through with its plans as adopted. Councilmember Kochmar stated the Land-use Transportation Committee (LUTe) will look into Ms. Hardison's concerns regarding traffic in the area of 8th Avenue SW and Dash Point road. Councilmember Burbidge stated the Parks Recreation, Human Services, Public Safety Committee (pRHSPS) will contact Mr. Moe regarding his request for funding of a homeless shelter. 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 January 11, 2008 Legislative Meeting; January l5, 2008 Special and Regular Meetings- Approved 7-0 b. S. 308th St. Stormwater Facility Modification Project - Project Acceptance Approved 7-0 City of Federal Way City Council Regular Meeting Minutes February 5, 2008- Page 3 of 6 Consent Agenda Continued... c. Wildwood Neighborhood Traffic Safety - S. 298th Street- Pulled d. Neighborhood Traffic Safety Policy Revisions) - Approved -7-0 Mayor Dovey pulled Consent Item c. MOTION: Deputy Mayor Faison moved approval of consent items a, b and d. Councilmember Burbidge second. The motion carried 7-0. Consent Item c - Wildwood Neighborhood Traffic Safety - S. 298th Street: Mayor Dovey spoke to the issue stating that approving this item will offer neighborhood traffic safety to the area and thanked the Public Works Department for their efforts. MOTION: Mayor Dovey moved approval of Consent Item c - Wildwood Neighborhood Traffic Safety- S. 298th Street. Deputy Mayor Faison second. The motion carried 7-0. 6. CITY COUNCIL BUSINESS a. Resolution: Continuity of Library Services during Expansion Project City Manager Neal Beets gave the Council a brief overview of the proposed resolution stating it urges King County to provide for continuity of services during the expansion/closure. MOTION: Deputy Mayor Faison moved approval of the Resolution providing for Continuity of Library Services during the expansion project. Councilmember Kochmar second. The motion carried 7-0. 7. INTRODUCTION ORDINANCE a. Proposed Amendment to Aggressive Begging Ordinance . Staff Presentation Deputy City Attorney Aaron Walls gave a brief presentation on the proposed amendment. He stated the City cannot ban panhandling outright but that does not give panhandlers the right to beg in a manner that is intimidating to citizens. He stated this amendment strengthens the ordinance in place by preventing panhandling in certain places; A TM' s, Buses/Bus Stops; on private property and from sidewalks to a vehicle. Mr. Walls also stated that if amended there will be a period of notification. The goal is to achieve compliance before enforcing it. Councilmember Duclos asked the difference of panhandling from sidewalks to vehicles and advertising for car washes or political signs. Mr. Walls stated these actions do not involve begging or taking donations while the vehicle is in traffic or stopped at an intersection. City of Federal Way City Council Regular Meeting Minutes February 5, 2008- Page 4 of 6 Councilmember Ferrell asked if a violation of the proposed amendment would be a misdemeanor and asked what the maximum penalties would be. Mr. Walls stated the maximum would be 90 days in jail and a $1,000 fine. Councilmember Ferrell stated he believes the amendment is an important one but it goes a step too far in criminalizing panhandling on the side of the road. He believes it will not be enforced. Councilmember Ferrell suggested this item be sent back to committee to review sections 6-188(2)(b) and 6-188(2)(g)(vi) because they will be impossible to enforce or prosecute. MOTION: Councilmember Ferrell moved to send the proposed amendment back to the LUTC committee to rework the sections 6-188(2)(b) and 6-188(2)(g)(vi). No second. Councilmember Burbidge stated this is a sensitive issue and asked staff to provide more information including what other cities have in their ordinances on the same issue. Mr. Walls stated Federal Way's proposed amendments are more conservative than the City of Tacoma's but are similar to other city ordinances. Deputy Mayor Faison believes the penalty should be a civil infraction not criminal. Mayor Dovey stated that when this issue was discussed in the Parks/Recreation/Human Services/Public Safety (pRHSPS) Committee, the section regarding panhandling in or at intersections was though of as a public safety issue as it impedes traffic; it was not added to the ordinance as taking away the right to panhandle. Councilmember Park stated he believes there is a difference between panhandlers and homeless people and that the panhandlers out there are not necessarily homeless; he believes they migrate to where they are allowed and where they think they get money. . Ordinance Title: City Clerk Laura Hathaway read the ordinance title into the record: An Ordinance of the City Council of the City of Federal Way, Washington, addressing aggressive, intimidating, obstructive and fraudulent panhandling and amending Chapter 6, Criminal Code, Article VIII, Crimes Relating to Persons. MOTION: Councilmember Burbidge proposed staff amend the language to address the concerns raised in section 6-188(2)(b): false or misleading information; whether the penalty should be an infraction or misdemeanor; and in section 6-188(2)(g)(iv): impeding pedestrian or vehicular traffic. She further clarified the proposed amendment will be moved to a second reading/enactment on the February 19, 2008 Council Agenda and directed staff to prepare alternative language on the issues raised. Councilmember Ferrell second. The motion passed 6-1; Mayor Dovey dissenting. 8. CITY COUNCIL REPORTS Councilmember Duclos reported that she participated in the One Night Count of the Homeless, which was a very cold night, and within the first 10 minutes her group came across nine people. She reported that she has been on the Committee to End Homelessness since its formation six years ago Councilmember Burbidge reviewed the upcoming agenda for the next PRHSPS Committee meeting which will take place on February 12, 2008 at 6:00 PM. She also reminded the public of the free tax preparation City of Federal Way City Council Regular Meeting Minutes February 5, 2008- Page 5 of6 services for individuals at the Multi-Service Center through April 15, 2008. Lastly she announced upcoming community events. Councilmember Park reported on the January 26, 2008 Council retreat and stated the next Joint Chamber/City Meeting is scheduled for February 7, 2008 at 7 :30 AM. He also stated that the Asian Pacific Cultural Center will host a Lunar New Year Celebration at the Tacoma Dome on February 9, 2008. Councilmember Ferrell also reported on the January 26,2008 Council retreat and asked when the summary of the retreat would be available on-line. Mr. Beets responded that the summary will be on-line by Friday, February 8, 2008. Councilmember Ferrell stated there was good discussion at the retreat and encouraged citizens to view the summary. He also reported that he was in Olympia to testify to the State Government and Tribal Affairs Committee on domestic violence. Councilmember Kochmar reported the next Land UselTransportation (LUTe) Committee meeting is scheduled for February 25,2008 at 6:00 PM; reminded the public of the utility tax rebates available to low income senior citizens and disabled persons and update the council/public on the Puget Sound Regional Council 20/40 vision planning process. Deputy Mayor Faison reported on the Association of Washington Cities Legislative Conference stating that Federal Way representatives testified in support of funding for a performing arts center. SEE TAPE Mayor Dovey stated he will be giving his State of the City Address at the Chamber luncheon on February 8, 2008. He is also hosting Town Hall meetings scheduled for February 12th at 7:00 PM at Nautilus Elementary School and on February 25th at the Christian Faith Center. 9. CITY MANAGER REPORT City Manager Beets introduced Greg Fewins as the Community Development Director. Mr. Fewins has been serving as the Interim Community Development Director and Mr. Beets is pleased that he has accepted the position. a. Update - Citizen complaint regarding ice on Pacific Highway and replacement oflight standards. Mr. Beets stated that as indicated by Mr. Barovic under Public Comment, there was indeed water and ice on this portion of Pacific Highway and Deputy Public Works Director Marwan Salloum has been working with WSDOT to fix the problem. b. Update - Citizen complaint regarding sidewalk parking enforcement. Mr. Beets also reported that both the Police Department and Code Enforcement Division have visited the area and twelve citations and six warnings have been issued, and one trailer has been removed. Lastly Mr. Beets asked for a motion to suspend the rules to allow the meeting to go past 10:00 PM for the executive session items. MOTION: Councilmember Kochmar moved to suspend the rules to allow the meeting to continue past 10:00 PM. Councilmember Duclos second. The motion carried 7-0. Council adjourned to executive session at 9:20 PM. City of Federal Way City Council Regular Meeting Minutes February 5, 2008- Page 6 of 6 10. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.110(1)(i) b. Collective Bargaining pursuant to RCW 42.30.140(4)(a) c. Added Item: Evaluation of qualifications of applicants for public office. 11. ADJOURNMENT Mayor Dovey adjourned the Regular Meeting of the Federal Way City Council at 10:36 PM. ATTEST: