Council MIN 12-02-2008 Regular
~. Federal Way
MEETING MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
December 2,2008 -7:00 pm
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Dovey called the meeting to order at 7:00 p.m.
Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers
Jim Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge and Dini Duclos.
Staff present: City Manager Neal Beets, City Attorney Pat Richardson and City Clerk Carol
McNeilly.
2. PLEDGE OF ALLEGIANCE
Doug Levee led the Pledge of Allegiance.
3. PRESENTATIONS
· Police Department Recognition Awards
Police Chief Brian Wilson presented the following awards:
LifesavinQ Award: Officers Ashley Crispin and Steve Olson received Lifesaving Awards.
On July 31,2008, the officers responded to a call and preformed CPR on a man until aid
units arrived and took over. Their actions helped save the man's life.
Police Chief Commendation Award: Frank Gabreluk received th Police Chief
Commendation award for his outstanding volunteer efforts. Mr. Gabreluk volunteers his
time to help the Federal Way Police Department with fleet maintenance and numerous
other tasks.
Police Chief Commendation Award: Moisei Baraniuc is a student at Todd Beamer High
School and works at Top Foods. Mr. Baraniuc found $10,000 cash in the Top Foods
bathroom and turned it in to police so the owner could be located.
· City Manager Emerging Issues I Introduction of New Employees
There were no emerging issues or employee introductions.
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4. CITIZEN COMMENT
Joann Piquette spoke on behalf of the Federal Way Coalition for the Performing Arts. She
encouraged the Council to make the Performing Arts Center their number one priority on their
Legislative Agenda.
Judoe Dave Larson spoke in support of the SCORE Interlocal Agreement. He stated
numerous ways the agreement would benefit the City and the Municipal Court.
Derek Purton submitted a letter for the Clerk to read into the record. The letter encouraged the
City Council to reevaluate budget appropriations prior to adoption.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety 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: November 18, 2008 Special and Regular Meetings APPROVED
b. Monthly Financial Report - October 2008 (FEDRAC 11-25-08) APPROVED
c. Vouchers (FEDRAC 11-25-08) APPROVED
d. Enactment Ordinance: 2009 Property Tax (First reading 11-18-08) APPROVED
e. Enactment Ordinance: Amending Ordinance No.06-541/General Tax Obligation Bond
APPROVED
f. Grant Funding for Transportation Improvement Projects (LUTC 11-17-08) APPROVED
g. Bid Award - 2009 Street Sweeping Services Contract (LUTC 11-17-08) APPROVED
h. Easter Lake Flood Control Improvements and West Branch Joe's Creek
Culvert Replacement (LUTC 11-17-08) APPROVED
i. 2009 Legislative Agenda (FEDRAC 11-25-08) Item was pulled from consent agenda.
j. Purchase of Updated Aerial Imagery (FEDRAC 11-25-08) APPROVED
k. T-Mobile Site Lease Renewal - BPA Trail at 332nd & First Way South (Panther Lake)
(FEDRAC 11-25-08) APPROVED
MOTION: Deputy Mayor Faison moved to approve the Consent Agenda. Councilmember
Kochmar second.
Councilmember Ferrell pulled item i. 2009 Legislative Agenda
VOTE: Amended Consent Agenda passed 7-0.
I. 2009 Legislative Agenda
MOTION: Councilmember Park moved to postpone this item to the January 6,2009
Council Meeting. Deputy Mayor Faison second.
Councilmember Ferrell does not support including the Performing Arts Center in the 2009
Legislative Agenda and urged the Council to rethink that option.
VOTE: Motion to postpone carried 7-0
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6. COUNCIL BUSINESS
a. Appointment to the Arts Commission
Councilmember Burbidge reported the Council interviewed six applicants for appointment to
the Arts Commission.
MOTION: Council member- Burbidge moved the following appointments to the Arts
Commission:
Re-appoint Maggie Ellis as a voting member, with a 3-yearterm expiring 12-31-2011.
Re-appoint Bette Simpson as a voting member, with a 3-yearterm expiring 12-31-2011.
Re-appoint Susan Honda as a voting member, with a 3-yearterm expiring 12-31-2011.
Appoint Maureen Hathaway as a voting member, with a 3-year term expiring 12-31-2011.
Appoint David Bauch as a voting member, with a 3-year term expiring 12-31-2011.
Appoint Lorie Wood to serve as an alternate member, with a 3-yearterm expiring 12-31-
2011.
Councilmember Kochmar second. Councilmember Duclos recused herself from this
item.
VOTE: Motion carried 6-0, Council member Duclos recused.
b. SCORE Interlocal Agreement (FEDRAC 11-25-08)
Assistant City Manager, Bryant Enge, stated the City currently contracts with King and Yakima
Counties for jail services. The SCORE Interlocal Agreement is a proposal to build a new jail
facility in Des Moines that would accommodate the needs of multiple cities, including Federal
Way. The other cities interested in participating are; Auburn, Burien, Des Moines, Renton,
SeaTac and Tukwila. This agreement would allow the City to have direct management of the
jail and provided care for inmates with special needs.
Mr. Enge presented a cost comparison between continuing to contract for jail services versus
participating in the Interlocal Agreement. Development and startup costs are estimated to be
$94 million. Federal Way's portion of the total would be $16 million. Council and staff
discussed bonding options and percentage of ownership for each of the participating cities.
Mr. Enge added FEDRAC reviewed this item and recommended moving forward with the
Interlocal Agreement.
c. RESOLUTION: 2009 Fee Schedule
This resolution sets the fees for building, zoning, inspections, as well as other related fees and
services based on the annual inflation rate.
MOTION: Councilmember Park moved approval of the 2009 Fee Scheduled; Deputy
Mayor Faison second. VOTE: Motion carried 7-0
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d. RESOLUTION: City Sponsorship Policy
Human Resources Director, Mary McDougal, stated the City allocates funding to support civic
or service organizations serving Federal Way. The policy allows for cash funding as well as
free or reduced fees for space rental. The maximum cash allowance for organizations is
$2,500 per year, and the maximum space rental fee waived is $1,500. Funding requests will
be reviewed twice during the year.
Deputy Mayor Faison requested changing the sponsorship review schedule in the resolution
from twice per year to allowina the City Manaaer to establish a review procedure.
MOTION: Councilmember Park move to approve the Sponsorship Policy, with the
proposed edits to the review schedule; Councilmember Duclos second.
VOTE: Motion carried 7-0.
e. RESOLUTION: New Insurance Carrier and Authorizing the City Manager or Designee
to Settle Claims up to the Deductible (FEDRAC 11-25-08)
Pat Richardson, City Attorney, stated in September 2008 the City changed insurance carriers
and the proposed resolution authorizes the City Manager to approve claims received against
the City up to $25,000. Claims totaling over $25,000 would require approval by the City
Council.
MOTION: Councilmember Kochmar moved to amend the resolution by including the
deductible dollar amount of $25,000. and stating any claims over that amount would
need City Council approval. Councilor Burbidge second. VOTE: motion carried 7-0
f. Cancellation of the December 16, 2008 Regular Council Meeting
MOTION: Deputy Mayor Faison moved to suspend the Council Rules and cancel the
City Council's December 16, 2008 Regular Meeting; Councilmember Kochmar second.
VOTE: Motion carried 7-0.
g. Guild Memorandum of Understanding
City Attorney, Pat Richardson stated the agreement extends the expiration date to 12-31-
2009, includes a 4.5% COLA, 1.7% Market Adjustment and membership to the Federal
Way Community Center.
MOTION: Deputy Mayor Faison moved approval of the Guild Memorandum of
Understanding; Councilmember Burbidge second. VOTE: Motion carried 7-0.
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7. INTRODUCTION AND FIRST READING OF ORDINANCES
a. FWCC Amendments to Definitions -Chapters 4,9 (PRHSC 11-10-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO DEFINITIONAL AMENDMENTS IN THE CODE
REPEALING SECTIONS, ADDING SECTIONS, AND AMENDING SECTIONS IN
CHAPTERS 4 AND 9 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Duclos second. VOTE: Motion carried 7-0
b. FWCC Amendments to Animal Law (PRHSC 11-10-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO ANIMAL REGULATIONS, ADDING SECTIONS, AND
AMENDING SECTIONS IN CHAPTERS 4 AND 9 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Burbidge second. VOTE: Motion carried 7-0
c. FWCC Amendments to Criminal Law (PRHSC 11-10-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO CRIMINAL LAW REPEALING SECTIONS, ADDING
SECTIONS, AND AMENDING SECTIONS IN CHAPTER 1, ARTICLE II; CHAPTER 5,
ARTICLE VIII; CHAPTER 6 ARTICLES 1,4,7,10 AND 12; CHAPTER 11, ARTICLE III;
CHAPTER 13, ARTICLES 6 AND 7, CHAPTER 14, CHAPTER 15, CHAPTER 16,
CHAPTER 17, AND CHAPTER 22 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly, read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Council member Duclos second. VOTE: Motion carried 7-0
d. FWCC Amendments to Land Use Technical Errors (LUTC 11-17-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO TECHNICAL CHANGES TO LAND USE REGULATIONS,
ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 5,13, 21, AND 22 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Kochmar second. VOTE: Motion carried 7-0
e. FWCC Amendments to Nuisance (LUTC 11-17-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO NUISANCES, ADDING SECTIONS, AMENDING
SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 9,10,13,15, AND 22 OF THE
FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Kochmar second. VOTE: Motion carried 7-0
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f. FWCC Amendments to Civil Enforcement - Land Use (LUTC 11-17-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO CIVIL CODE ENFORCEMENT, ADDING SECTIONS,
AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 1,5,8, 10, 11,
12,13,14,15,16,17,18,19,20,21, AND 22 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Kochmar second. VOTE: Motion carried 7-0
g. FWCC Amendments to Civil Enforcement - Business Reoulations (FEDRAC 11-25-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUSINESS REGULATION ENFORCEMENT ADDING
SECTIONS, AMENDING SECTIONS AND REPEALING SECTIONS IN CHAPTER 3,
AND 9 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Duclos second. VOTE: Motion carried 7-0
h. FWCC Amendments to Land Use Definitions -Chapters 5,11.12,13,15,16,18,19.20,21&
22 (LUTC 11-17-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO LAND USE RELATED DEFINITIONAL AMENDMENTS
ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 5,11,12,15,16,18,19,20,21, AND 22 OF THE FEDERAL WAY CITY
CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Kochmar second. VOTE: Motion carried 7-0
i. Addressinq Land Use Processes in the FWCC (LUTC 11-17-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO LAND USE PROCESSES, ADDING SECTIONS,
AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 5,14,15,18,
19, AND 22 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly, read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6,2009; Councilmember Kochmar second. VOTE: Motion carried 7-0
j. FWCC Amendments to Business Reaulations (FEDRAC 11-25-08)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUSINESS REGULATIONS, REPEALING SECTIONS,
ADDING SECTIONS, AND AMENDING SECTIONS IN CHAPTER 3,9, AND 14 OF
THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Duclos second. VOTE: Motion carried 7-0
k. Addressinq Amendments Relatinq to Definitions in the FWCC (FEDRAC 11-25-08)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO DEFINITIONAL AMENDMENTS ADDING SECTIONS,
AMENDING SECTIONS AND REPEALING SECTIONS IN CHAPTER 2, 3, 8, 9, 14,
AND 17 OF THE FEDERAL WAY CITY CODE.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to second reading on
January 6, 2009; Councilmember Burbidge second. VOTE: Motion carried 7-0.
INTRODUCTION AND ENACTMENT ORDINANCES
I. 2009-2010 Biennial Budoet Introduction and Enactment.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING BUDGETS AND FINANCE, ADOPTING THE 2009-10
BIENNIAL BUDGET.
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Councilmember Duclos moved approval and enactment of the 2009-2010
Biennial Budget Ordinance; Council member Ferrell second.
VOTE: Motion carried 7-0.
m. 2008 Year End Housekeepino Introduction and Enactment.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2007-08
BIENNIAL BUDGET (AMENDS ORDINANCES 06-537,07-549,07-569, AND 08-579).
City Clerk, Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved approval and enactment of the 2007-2008
Budget Adjustment Ordinance; Councilmember Burbidge second. VOTE: Motion
carried 7-0.
8. CITY COUNCIL REPORTS
Councilmember Duclos had no report.
Councilmember Ferrell wished everyone a happy holiday.
Councilmember Burbidge reported she chaired a recent meeting of the W A State TIB and
attended the Puget Sound Partnership Kickoff event. She announced several upcoming
holiday performances and noted the next PRHSC meeting is December 9, 2008.
Councilmember Kochmar stated Federal Way Councilmembers are very active in regional
committees, and reported on recent appointments to the Suburban Cities Association's (SCA)
committees.
Councilmember Park attended a Regional Safety, Law & Justice Meeting, a SCA Board
meeting and reported on an upcoming Korean Community meeting.
Deputy Mayor Faison attended the AWC Legislative Committee meeting. He extended his
condolences to individuals impacted by the recent Washington Mutual layoffs.
Mayor Dovey asked the Council to review the legislative agenda handout and forward their
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comments to City Manager Neal Beets. He also thanked the Council and staff for their hard
work and support.
9. CITY MANAGER REPORT
Mr. Beets reported the Council would not be conducting the scheduled Executive Session.
10. EXECUTIVE SESSION
Potential Litigation Pursuant to RCW 42.30.110(1 )(i) - The Council did not conduct an
executive session.
11. ADJOURNMENT
With no further business before the Council, Mayor Dovey adjourned the meeting at 9:00
p.m.
Attest:
Approved by Council: January 6, 2009
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