Council MIN 03-18-2008 Regular
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
March 18,2008-7:00 PM
(www.cityoffederalway.com)
MINUTES
*****
1. CALL MEETING TO ORDER
Mayor Dovey called the meeting to order at 7:00 PM. Councilmembers Burbidge,
Duclos, Ferrell, Kochmar, Park and Deputy Mayor Faison present.
2. PLEDGE OF ALLEGIANCE
Deputy Mayor Faison led the Flag Salute.
3. PRESENTATIONS
· Police Officer Swearing-in Ceremony
Police Chief Brian Wilson introduced four new officers to the Federal Way Police
Department and City Clerk Laura Hathaway presided over the swearing-in ceremony.
· Police Officer Recognition Awards
Chief Wilson presented the Chief's Commendation A ward to Officer Oscar
Villenova for his efforts and assistance with non-English speaking residents and the
Medal of Meritorious Service to Commander Kyle Sumpter for his work overseeing
the Valley Special Response Team.
· Recognition of Out-going Human Services Commissioner Richard Bye
Councilmember Burbidge presented out-going Human Services Commissioner
Richard Bye with a plaque thanking him for his ten years of service as a member of
the commission.
· Waste Management - Green Initiatives Presentation
Waste Management Representatives Dick Culbertson and Susan Robinson reviewed
the company's initiatives in reducing waste, recycling, recovers and reusing. They
left informational pamphlets for the public on their programs and encouraged citizens
to contact them with any concerns or questions.
· City Manager/Emerging Issues
o Downtown Symphony Park Conceptual Drawings
Economic Development Director Patrick Doherty introduced Landscape Architect
Kenichi Nakano who reviewed the conceptual drawings for Downtown Symphony
Park.
Mr. Doherty stated that at an earlier open house the public seemed very pleased with
the designs.
Mr. Nakano stated the drawings were developed after meetings with staff and the
Parks Commission who favored more usable hard-scapes and a park which is urban
in character. The term Symphony means harmony and the drawing depict harmonious
design. They are also reviewing having Sister City Comers in the park which will
honor Federal Way's associations with its Sister Cities in Korea and Japan.
Councilmember Kochmar asked about the possibility of a Veterans Memorial.
Mr. Doherty replied there is room for a flag pavilion possibly in front of a water
feature.
Councilmember Ferrell also likes the idea of a Veterans Memorial and is pleased
with all the ideas so far.
Councilmember Burbidge asked about the potential location for an amphitheatre. Mr.
Nakano stated there were many opportunities to incorporate an amphitheater into the
design as there are natural slopes in the park as well as power locations.
Councilmember Park asked if the park will be designed to reduce future maintenance
and operation costs. Mr. Nakano replied yes.
Councilmember Kochmar clarified that the City is not paying for the development of
the park, the developer, United Properties is and they will dedicate it back to the City
upon completion. Mr. Nakano stated that is correct.
o ADDED ITEM - Michael Morgan v. City of Federal Way
Attorney Stephen DiJulio, hired to represent the City in the matter of Michael
Morgan v. the City of Federal Way, updated the Council on the case stating the
hearing on the case is scheduled for March 19th and involves the release of a report,
via a public records request, investigating a hostile work environment.
The city's position is the report should be released. Mr. Morgan has sued the city
stating the City Attorney represents him and the report is attorney-client privilege.
The city's position is that this is not attorney-client privilege the report was facilitated
to investigate a hostile work environment and an outside agency was called in to
investigate, not the City Attorney's office. Mr. DiJulio stated the City Council does
not typically weigh in on the public records act but in this case he asked for the
motion of support stating it is in the best interest of the city to adopt a motion so there
is no question on the City's position.
MOTION: of the City Council endorsing the arguments set forth as explained and
filed with the Court by the firm F oster/Pepper as defenses for the City in the matter of
Michael Morgan v. the City of Federal Way was approved 7-0.
4. CITIZEN COMMENT
Shannon Gentry - Brooklake Christian School- introduced several student-members
of the CSI team who have been selected as finalists in the Lexus Environmental
Challenge.
Mayor Dovey presented a letter of support signed by all Councilmembers to the CSI
Team encouraging and supporting their efforts.
Donald Barovic - spoke regarding Stormwater issues and problems with cougars and
coyotes.
Carroll Fisher - asked about the additional traffic the Symphony project will generate
and how the City plans to deal with it.
Barbara Reid - disagreed with placing a flag pole at Symphony Park. She stated no
one has ever conducted a memorial service at the flag pavilion located at
Weyerhaeuser Plaza. She asked that another alternative for honoring Veterans be
considered.
Phyllis Bowman - asked for streetlights, traffic lights and sidewalks from 20th Way
South to 336th for safety reasons.
Daniel Lee - spoke in support ofthe sub-area plan for SW 356th Street.
Nancv Bartlev - spoke in opposition of the SW 356th Street sub-area plan.
Melvin Hanson - spoke in support of the SW 356th Street sub-area plan.
Michael Hoskins II - spoke in opposition to the SW 356th Street sub-area plan.
Lori Hartman - spoke in opposition to the SW 356th Street sub-area plan.
Harry Johnson - spoke in opposition of the SW 356th Street sub-area plan.
Nate Barton - supports a wall of heroes at Symphony Park and likes the overall plans
presented. Also spoke in opposition of the SW 356th Street sub-area plan.
Ron Tremaine - asked for more time to study the questions regarding SW 356th
Street sub-area plan before Council makes a decision.
Ed Romero - spoke in opposition of the SW 356th sub-area plan.
Steve McWilliams - spoke in support of the SW 356th sub-area plan stating
additional housing means affordable housing.
Kurtis Keltner - spoke in opposition of the SW 356th sub-area plan.
Joan Senator - spoke in opposition to the SW 356th Street sub-area plan.
Bill and Edith Mullins - spoke in opposition of the SW 356th Street sub-area plan.
Craig Beck - spoke in opposition ofthe SW 356th Street sub-area plan.
Mayor Dovey thanked.all those that spoke on the SW 356th Street sub-area rezone
plan for their opinions and stated this item is on the agenda as an informational item
only and no decision will be made this evening.
Councilmember Ferrell asked when the Council will readdress the SW 356th Street
sub-area plan. Mayor Dovey responded that after tonight's presentation the issue will
come back for Council consideration in the next couple of months.
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 the March 4, 2008 Regular Meeting Minutes -
Approved 7-0
b. Enactment Ordinance - Sprint Franchise Agreement Amendment -
Pulled/ Mayor Dovey recused - Motion to approve passed 6-0 (1
recusal)
c. Enactment Ordinance - Right-of-Way Activities Amendment -
Approved 7-0
d. Enactment Ordinance - 2008 Carry-forward Budget Adjustment-
Approved 7-0
e. NPDES Permit Requirements/Annual Report and SWMP-
Pulled/Council asked for a presentation - Approved 7-0
Mayor Dovey pulled Consent Item 5b - Sprint Franchise Agreement Amendment.
Councilmember Burbidge pulled Consent Item 5e - NPDES Permit
Requirements! Annual report and SWMP.
MOTION: Deputy Mayor Faison moved approval of Consent Items a, c and d.
Councilmember Ferrell second. The motion carried 7-0.
Consent Item 5b - Sprint Franchise Agreement Amendment:
Mayor Dovey recused himself from this issue as a potential conflict of interest.
MOTION: Deputy Mayor Faison moved approval of Consent Item 5b (no second).
The motion passed 6-0 (Mayor Dovey recused).
Consent Item 5e - NPDES Permit Requirements/Annual Reports and SWMP:
Councilmember Burbidge asked for a presentation on this item.
Surface Water Manager Paul Bucich gave a brief presentation on the program stating
that as part of it's permit requirements the City is required to have a plan and provide
updates annually through-out the permit cycle. He reviewed SWM accomplishments
to date.
MOTION: Councilmember Kochmar moved approval of the 2008 Annual Report
and SWMP documents and authorized the City Manager to submit to the Department
of Ecology by March 31st to satisfy the City's NPDES Permit obligations.
Councilmember Burbidge second. The motion carried 7-0.
6. CITY COUNCIL BUSINESS
a. Regional Affordable Housing Program Interlocal Agreement
MOTION: Councilmember Burbidge moved approval of the Regional Affordable
Housing Program Interlocal Agreement and authorized the City Manager to execute
the agreement. Councilmember Duclos second. The motion carried 7-0.
b. Celebration Park Maintenance Building Purchase
MOTION: Councilmember Burbidge moved approval of accepting the bid from
Rigid Building Systems for $55,223 and authorized the Assistant City Manager to
execute a purchase agreement for the Celebration Park Maintenance Building.
Councilmember Kochmar second. The motion carried 7-0.
c. 2008 Parks Commission Work Plan
MOTION: Councilmember Burbidge moved approval of the 2008 Park Commission
Work Plan. Councilmember Kochmar second. The motion carried
7-0.
d. Emerald Aire Retainage Release
MOTION: Councilmember Burbidge moved to accept the Emerald Aire contract
as complete and authorize staff to release retainage in the amount of$3,538.10 to
Emerald Aire. Councilmember Duclos second.
e. 2008-2010 Public Works and Parks Maintenance Workers Collective Bargaining
Agreement
MOTION: Deputy Mayor Faison moved approval of the 2008-2010 Collective
Bargaining Agreement for the Public Works and Parks Maintenance Workers and
authorized the City Manager to execute said agreement. Councilmember Kochmar
second. The motion carried 7-0.
f. Sub-area Plan for SW 356th Street
Senior Planner Margaret Clark briefed the City Council on the results of a March 5th
public meeting with property owners in the SW 356th Sub-area pertaining to initial
fmdings regarding a potential increase in single-family residential zoning for the area.
Ms. Clark stated that rezoning requests were received from two property owners in
2006.
Ms. Clark stated the area is presently zoned RS 15.0 (single family, one unit per
15,000 square feet). On April 3, 2006, staff was given direction by the Land
Use/Transportation Committee (LUTe) to study the area based on certain selection
criteria. Based on the initial findings, staff has found that although the proposal met
the selection criteria, there are obstacles associated with providing services to support
increased density as well as a lack of support from the area residents.
Councilmember Duclos asked if this issue was to be moved forward, what would be
the process. Ms. Clark explained the issue would go through this year's
comprehensive plan amendments process, then the SEP A stage, a comment and
appeal period, a Public Hearing in front ofthe LUTC and then the City Council. She
further stated that throughout the entire process all the same property owners would
be notified of any meetings.
Council Discussion:
Councilmember Burbidge asked about build-out levels at the current zoning
designation and what build-out would be if the zoning was increased. Ms. Clark
stated that at current building levels build-out would be up to an additional 458
homes; if zoning levels are increased maximum build-out would be an additional 698
homes.
Mayor Dovey and Councilmember Park asked questions pertaining to building on
a 2,500 square foot lot. Ms. Clark explained that a property owner could build on
a 2,500 square foot lot as long as they met the City's required setbacks. If they did
not meet set-back requirements, the property owner could always ask for a
vanance.
Mayor Dovey stated again that there is no vote/decision on this issue this evening
and it will come back to Council if pursued further.
7. CITY COUNCIL REPORTS
Councilmember Kochmar reported on her trip along with Councilmember Park to
Washington DC where they asked for $3.7 million in transportation funding.
Councilmember Park stated the meeting of the Finance Economic Development
Regional Affairs Committee is scheduled for Tuesday, March 25th.
Councilmember Burbidge reported the next ParkslRecreationlHuman Services/Public
Safety Committee is scheduled for April 8th and she updated the Council on Sound
Transit Board Meetings and how their outcomes will affect the needs of the City of
Federal Way.
Mayor Dovey reported on upcoming Town Hall meetings: March 24, at Twin Lakes
Elementary School and on April 14th at St. Luke's Lutheran Church
8. CITY MANAGER REPORT
City Manager Beets had no report except to state the Executive Session scheduled
for this evening has been cancelled.
9 EXECUTIVE SESSION
a. Potential Litigatiea f)Ui"suant to RCW 12.30.110(1 )(i)
10. ADJOURNMENT
Mayor Dovey adjourned the meeting at 9:57 PM.
ATTEST:
,CMC
Approved by Council on: ~