Council MIN 10-07-2008 Regular
A Federal Way
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
October 7, 2008 - 7:00 pm
Minutes
1. CALL MEETING TO ORDER
Mayor Dovey called the meeting to order at 7:05 p.m.
Councilmembers present: Mayor Dovey, Deputy Mayor Faison, Councilmembers Ferrell, Burbidge, Duclos
and Kochmar present. Mayor Dovey excused Councilmember Park.
Staff present: City Manager Neal Beets, City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Students Holly and Hannah led the pledge of allegiance.
3. PRESENTATIONS
. Proclamation: DECA week October 3-10 at Decatur High School
Deputy Mayor Faison read the proclamation and presented it to Kelsey Owsley, DECA President at
Decatur High School.
. Proclamation: Domestic Violence Awareness Month
Councilmember Duclos read the proclamation and presented it to Donna Williams, YMCA
Representative and Federal Way Judge Larson.
. Proclamation: Arts and Humanities Month
Councilmember Burbidge read the proclamation and presented it to Joann Piquette, Chair of the
Federal Way Arts Commission, Sandy Pettit and Peggy Altman, members of the South Sound Artist
Association.
. Presentation of Arts Alive Juried Exhibition Award Winners-Juror's Choice and Commission's Choice
Peggy Altman, of the South Sound Arts Commission commented on the vast array of art submitted to
the art exhibition. She presented the Juror's Choice Award to Peter Gallagher for his piece entitled
"Sonnets of the Golden Moon". Mr. Gallagher will receive $200 as well a solo art exhibit in 2009.
Mr. Gallagher's sister in-law accepted the award on his behalf. The Commissioner's Choice Award
was presented to Frances Veiling for her piece entitled "Morning View." In addition to the award,
Ms. Veiling received $150.
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. Certificates: Seventh-day Adventists- Education and Community Services
Mayor Dovey reported that earlier in the year a group of teachers from the Seventh Day Adventist
Church volunteered their time to help the City cut ivy, clean up a residence and other tasks. He
thanked the teachers as well as the staff members who organized the work parties, and presented
Certificates of Appreciation on behalf of the City Council. Representatives from the group; Denise
White, Colette Newer, Miranda Whidden, Roxanne Wright and Greg Reseck accepted on behalf of all
the volunteers. They thanked the Council for the opportunity to volunteer locally on projects that
benefited their community.
Councilmember Duclos thanked Mayor Dovey for extending the Mayors Day of Concern to a month
long event. She reported that 74,000 Ibs. of food which equates to $111,030 offood was donated.
She also thanked the many volunteers for donating and staff for their efforts with the event as well.
. City Manager Emerging Issues
1. Municipal Code Update:
Deputy City Attorney Aaron Walls reported that last year the City started a review of the City
Code and identified lack of definitions, inconsistencies in processes, conflicting regulations, and
other items needing clarification or updating. Staff has recently received a draft version that
includes updates to the civil code, land use, nuisance code, animal code and other areas. The
draft plan will to through committee reviews and staff hopes to present it to Council at their
December 16, 2008 meeting for approval.
2. Introduction of New Employees:
Mr. Beets introduced Peter Beckworth, the new Assistant City Attorney. Mr. Beckworth
previously worked at Kenyon, Disend Law Firm where he was the City Attorney for numerous
local municipalities. Mr. Beets also introduced Bryant Enge, the new Assistant City Manager. Mr.
Enge has worked for the Seattle Department of Transportation as well as the City of Portland,
Oregon.
3. Additionally, Mr. Beets noted that Federal Way was featured in the Fall edition of South Sound
Magazine.
4. CITIZEN COMMENT
1. Marilyn Gates - Ms. Gates thanked the council and staff for their work on the proposed sign code
amendments. She is pleased that the hour restrictions do not interfere with the operation of small
business that open early morning. She would like to see the Council adopt the language "between sunrise
to sunset" when referring to allowable times, rather than using city hall business hours.
2. Sam Pace - Mr. Pace spoke on behalf of the 8,500 plus members of Seattle King County Association of
Realtors regarding the proposed sign code amendments. Signs are important for business owners, and
support an efficient real estate market. They do not solely benefit real estate agents; they benefit
residents needing to sell their homes due to financial distress, as well as home buyers who want to live in
the city. Mr. Pace thanked the council for the opportunity to speak on this item.
3. Carla Sitzler -Ms. Sitzler has lived in Federal Way since 1975. She received a junk vehicle violation from
the city due to her neighbor complaints. She feels the codes are too restrictive and sees homes all over
that are in violation but have not received violation notices. She noted that she has health issues and she
will do her best to comply with what the city is asking of her.
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4. Betty Taylor - Ms. Taylor is a resident of the Waterberry Park apartments. She thanked the Police for
meeting with the residents to discuss a Block-watch program. In an effort to improve safety, lighting
improvements along 1ih Avenue are necessary. She asked the council for help in improving the lighting
around the Waterberry Park apartments.
s. CONSENT AGENDA
a. Monthly Financial Report (FEDRAC September 23. 2008)
b. Wynstone Final Plat (LUTCseptember22,2008)
c. 2009 Street Sweeping Services - Authorization to Bid (LUTC September 22, 2008)
d. Steel Lake Maintenance Yard Paving - Final Approval and Retainage Release (LUTC September 22, 2008)
e. Fall 2008 Tourism Enhancement Grant Applications (FEDRACseptember23,2008)
f. West Hylebos Cooperative Agreement (LUTCseptember22,2008)
g. BPA Trail at SW 356th Street Pedestrian Crossing (LUTCseptember22,2008)
MOTION: Deputy Mayor Faison moved approval of the Consent Agenda; Councilmember Kochmar second.
VOTE: The motion carried 6-0.
6. COUNCIL BUSINESS
a. Commission Appointment - Youth Commission
Deputy Mayor Faison reported that prior to the meeting; he along with Councilmember Burbidge
interviewed six applicants for the Youth Commission.
MOTION: Deputy Mayor Faison moved the following appointments to the Youth Commission;
1. Benjamin Jun as a regular member to serve a 3-year term;
2. Jean Kim as a regular member to serve a 3-year term;
3. Samuel Tang as a regular member to serve a 3-year term;
4. Da Keum as a regular member to serve a 3-year term;
5. Nevin Ramanujan as a regular member to serve a 1-year term;
6. Barbara Jun as an alternate member to serve a 3-year term.
Councilmember Burbidge second the motion.
VOTE: Motion carried 6-0.
b. Commission Ap{Jointment - Ethics Board
Councilmember Kochmar reported that prior to this meeting, she and Mayor Dovey conducted interviews
to appoint member to the Ethics Board.
MOTION: Councilmember Burbidge moved the following appointments to the Ethics Board, with terms
expiring June 30, 2011;
1. Byron Hiller to serve a 3-year term;
2. Sonia Lewis to serve a 3-year term.
Deputy Mayor Faison second the motion.
VOTE: The motion carried 6-0.
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c. Commission Appointment - Lodging Tax Advisory Committee
Mayor Dovey reported that the Lodging Tax Advisory Committee is unique in the sense that they
recommend distribution of funds for tourism. Prior to this meeting he and Council member Kochmar
interviewed candidates to appoint to the Lodging Tax Advisory Committee.
MOTION: Mayor Dovey moved the following appointments to the Lodging Tax Advisory Committee;
1. Re-appoint Joann Piquette to a 2 year term, expiring October 31, 2010
2. Re-appoint Adina Lake to a 2-year term, expiring October 31, 2010
3. Appoint Katia Ono to a 2-year term, expiring October 31, 2010.
4. Reappoint Gerry Lamontagne to a 2-year term, October 30, 2010
Councilmember Kochmar second.
VOTE: Motion carried 6-0.
7. INTRODUCTION ORDINANCE
a. Portable signs in the Public Right of Way
An Ordinance of the City of Federal Way, Washington amending Federal Way City Code (FWCC) Chapter
22, Article XVIII, "Sign," related to portable signs in the public right-of-way (Amending Ordinance No's.
90-43,91-113,92-135,92-144,95-235,96-270, 97-307, 99-342, 99-348, 99357, 01-398, 05-504, 06-523)
Mayor Dovey recused himself from this item. Senior Planner Margret Clark reviewed the proposed
amendments to the sign code. If approved this ordinance would allow portable signs in certain areas of
the city, during specific times and limit the number of signs per business to ten. Both the LUTC and the
Planning Commission have reviewed and commented on the ordinance. Additionally, the Planning
Commission conducted a public hearing to receive comments from the public. Councilmembers asked
clarifying questions of staff.
Deputy Mayor Faison asked staff to include a requirement that contact information must be place on
portable signs.
MOTION: Council member Ferrell moved to adopt the Land Use and Transportation Committees
recommendation. Councilmember Duclos second.
Deputy Mayor proposed a friendly amendment, to require contact information on the signs.
Amendment was approved by maker of the motion and second.
VOTE: Motion carried 5-0; Mayor Dovey recused.
b. Establish a Traffic Safety Fund
An Ordinance of the City Of Federal Way, Washington providing for the establishment of a traffic safety
fund, defining its purpose and revenue sources; and specifying the funds administrator to the be City
Manager or his designee.
Deputy Police Chief Andy Hwang provided a summary of the trial period with the photo-traffic
enforcement program. The two intersections where the equipment is located are; S. 348th & Enchanted
Parkway, and 320th & Pacific Hwy. A total of 2,324 violations were captured in 30-days. Letters were
mailed to those drivers notifying them of the violation. Drivers did not receive citations until September
25,2008. The fine for running a red light is $124; in addition, offenders receive a web-link where they can
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view the violation. Violations are issued to the registered owner of a vehicle and if they did not commit
the violation, they are able to sign an affidavit to that fact.
Mr. Hwang stated he would report back to Council in approximately ninety days.
City Attorney Pat Richardson added that the Council agreed to participate in a i-year pilot program.
Funds collected from this program will be used for traffic enforcement, education and engineering.
Staff is requesting a fund dedicated to revenues from this program be established. Council asked
clarifying questions of staff. City Clerk Carol McNeilly read the Ordinance into the record.
Motion: Deputy Mayor Faison moved the Ordinance to second reading and approval at the next
regular meeting; Councilmember Ferrell second.
VOTE: Motion carried 6-0
8. CITY COUNCIL REPORTS
Councilmember Ferrell thanked staff for increasing the visibility of the photo enforcement signs. He reviewed
the schedule for the upcoming budget meeting, which begins on October 21 and will include presentations for
each department. He encouraged residents to attend the meetings.
Councilmember Kochmar stated the City Council is aware that is a challenging time for many people in regards
to jobs and they will keep that in mind during the 2009-2010 Budget process. She noted local resources for
small businesses.
Council member Burbidge thanked Laura Moser of Waste Management for their help with food drive. She
reported on upcoming community meetings and events including a Block Party at the Community Center.
Deputy Mayor Faison reported that the King County Growth Management Council and Maple Valley have
reached an agreement regarding development of county land in the City.
Mayor Dovey reported that next week representatives from the city will be visiting their sister city in Japan.
Councilmember Ferrell thanked Deputy Police Chief Hwang for his quick response in following up with a
citizen concern.
9. CITY MANAGER REPORT
a. City Manger Beets reported the Council will adjourn into Executive Session for approximately 30-minutes
to discuss Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Potential litigation pursuant to RCW
42.30.110.(I)(i)
10. EXECUTIVE SESSION
a. Collective Bargaining pursuant to RCW 42.30.140(4)(b)
b. Potential litigation pursuant to RCW 42.30.1l0.(I)(i)
The Council adjourned into Executive Session at 8:44 p.m.
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11. ADJOURNMENT
With no additional business before the Council, Mayor Dovey adjourned the meeting at 9:21 p.m.
Minutes approved by Council: October 21, 2008