Council MIN 01-06-2009 Regular
A Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - Cit~ Hall
January 6, 2009 - 7:00 pm
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Dovey called the meeting to order at 7:02 p.m.
Councilmembers in Attendance: Mayor Jack Dovey, Deputy Mayor Eric Faison,
Councilmembers Jeanne Burbidge, Dini Duclos, Jim Ferrell, Linda Kochmar, and Mike Park.
Staff in Attendance: City Manager Neal Beets, City Attorney Pat Richardson, and City Clerk
Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Bob Piquette led the pledge of allegiance.
3. PRESENTATIONS
a. Arts Commission Certificate of Appointments
Councilmember Burbidge presented Certificates of Appointment to Maggie Ellis,
Bette Simpson, Susan Honda, Maureen Hathaway, Lorie Wood and David Bauch.
Councilmember Burbidge also presented Certificates of Appreciation to outgoing
Arts Commissioners Peggy LaPorte and Richard McPhail.
b. Recoanition of Snow/Ice Control Crews and Administrative Assistants
Assistant City Manager Cary Roe introduced Public Works Director Marwan
Salloum, who recapped the City's response to the recent snow and ice events.
During a nine day period, twenty four Parks and Public Works staff members,
worked a combined 2,600 hours to ensure city roads were safe for drivers.
Mr. Salloum also thanked the Council for authorizing the purchase of proper
equipment to de-ice, sand and plow city roads.
Mayor Dovey presented certificates of appreciation to the staff members to recognize
their efforts.
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c. City Manaqer EmerqinQ Issues & Introduction of new Emplovees
City Manager Neal Beets introduced Amy-Jo Pearsall, Assistant City Attorney, and
Jesse Hannahs, Senior Traffic Engineer.
Mr. Beets reported that on January 24, the city will conduct a sweep to pickup
shopping carts. Retailers will be notified of the upcoming event and Mr. Beets will
report back to Council.
4. CITIZEN COMMENT
Bettv Tavlor followed up on her concerns regarding pedestrian crossings and streetlights
near her residence. She provided the Council with information on Community Development
Block Grant (CDBG) funding for cost effective streetlights.
Peq Altman spoke in support of the Performing Arts Center (PAC), and urged the Council to
keep the project on the City's Legislative Agenda. The PAC will create new job opportunities
and bring additional revenue to the City.
Norma Blanchard spoke regarding stray cats in her neighborhood. She feels the City and
King County Animal Control are failing to address the issue. Ms. Blanchard also spoke
against the development of the Performing Arts Center.
Jo Ann Kave spoke against the development of a Performing Arts Center. She does not
support developing a new facility during the current economic crisis, and feels increasing
public safety services would be a greater benefit to residents.
Kathv Franklin. read a letterfrom Ron Tallv, a Federal Way Symphony Board member, that
encouraged the Council to move forward with the development of the Performing Arts
Center. The venue would bring additional revenue to the City and would allow local
organizations to perform in their own community, rather than going to another City.
Bene DaQan spoke on the importance of arts programs. However, she does not support the
development of a Performing Arts Center. The City has the Knutzen Family Theatre and
other local venues available to them. She suggested the City sponsor Summer stock
programs.
Jim Burbidqe participates in, and supports the performing arts. The Council has had a vision
of a Performing Arts Center for years. He supports developing the facility now, and
emphasized that funding would come from Capital Funds, not Operating Funds. If Federal
Way does not lobby for and receive the Capital Funds, then another City will.
Monte Powell spoke in support of the Performing Arts Center. The State has set money
aside for cities to develop Capital Projects such as a Performing Arts Center. He feels
Federal Way should request the State funding for this project.
Phil Wamba spoke in support of the Performing Arts Center. The funding to develop the
project will come from the State as well as private donations. The current economic
downturn will provide low construction costs for the development.
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Joan Tabrum spoke in support of the Performing Arts Center. She emphasized the
importance of having a venue in the community where children can perform and learn about
the arts.
Betty Huff spoke in support of including the Performing Arts Center on the City's Legislative
Agenda. This facility is not a luxury item. It is an investment in the City and the community. It
will bring people to the City, which will bring revenue. It will create new jobs in the City as
well.
Debra Feammelli is a newly appointed Symphony Board member. She spoke in support of
Performing Arts Center and stated the venue will provide Federal Way's children with values
and numerous opportunities.
Tom Murphv. Federal Way School District Superintendent stated the District is open to
discussions with the City for possible development on the Truman property, as well as
possible partnership opportunities.
Robert Millen spoke in support of the Performing Arts Center. The city needs a facility where
students and organizations can perform. The current market will allow the City to get a good
value for their money.
Diana Noble-Gulliford spoke in support of the Performing Arts Center. This project has been
included in the Comprehensive Plan for many years. Federal Way's downtown area is in
need of re-development and this project would be a great kickoff.
Carrol H. Clemens spoke in support of the Performing Arts Center. The City is at a place
where they have the opportunity to make this dream a reality. There are many smaller, less
developed cities have are able to support these types of venues. Construction costs and
interest rates are low right now. Now is the time to support a Performing Arts Center.
David Runvan has been following this issue. Listening to, and weighting the pros ,and cons.
He does not feel Federal Way needs a Performing Arts Center. The city has the Knutzen
Family Theatre, and if a larger venue is needed there are many available in neighboring
cities.
Sue Pisek feels the city has been successful providing parks and recreation facilities to
residents since its incorporation. The development to of a Performing Arts Center is the next
logical step for Federal Way. She is a member of The Jet City Chorus and right now Federal
Way does not have a facility large that is large enough to accommodate the groups
performances.
City Clerk Carol McNeilly, read the following comments into the record:
Robert "Bob" Dockstader thanked the City for their efforts during the snow and ice. He is a
long time resident, and this year was the first time his street was plowed.
Alan Harvey stated the Showstopper Dance Company is an important part of the community
and he feels Federal Way is in need of a Performing Arts Center.
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JoAnn Piquette and members of Federal Way Coalition for a Performing Arts Center sang a
song to show support for the development of a Performing Arts Center.
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. Approval of Meeting Minutes: December 2, 2008 Special and Regular Meetings -
APPROVED
b. ORDINANCE: Amendments t~ FWCC: Definitions (Chapt. 4 & 9) (First Reading 12/02/2008) -
APPROVED ORDINANCE #09-591
c. ORDINANCE: Amendments to FWCC: Animal Law (Chapt. 4 & 9) (First Reading 12/02/08)
APPROVED ORDINANCE #09-592
d. ORDINANCE: Amendments to FWCC: Land Use Definitions (Chapt. 5, 11, 12, 13, 15,
16,18,19,20,21 & 22) (First Reading 12/02/08) APPROVED ORDINANCE #09-593
e. ORDINANCE: Amendments to FWCC: Land Use Process (Chapt. 5,14,15,18,19 &
22) (First Reading 12/02/08) APPROVED ORDINANCE #09-594
f. ORDINANCE: Amendments to FWCC: Technical Errors (Chapt. 5, 13,21 & 22) (First
Reading 12/02/08) APPROVED ORDINANCE #09-595
g. ORDINANCE: Amendments to FWCC: Nuisance (Chapt. 9,10,13,15 & 22) (First Reading
12/02/08) APPROVED ORDINANCE #09-596
h. ORDINANCE: Amendments to FWCC: Civil Code Enforcement (Chapt. 1,5,8, 10,
11,12,13,14,15,16,17,18,19,20,21 & 22) (First Reading 12/02/08) APPROVED
ORDINANCE #09-597
i. ORDINANCE: Amendments to FWCC: Business Regulations (Chapt. 3, 9 & 14) (First
Reading 12/02/08) APPROVED ORDINANCE #09-598
j. ORDINANCE: Amendments to FWCC: Civil Enforcement (Chapt. 3 & 9) (First Reading
12/02/08) APPROVED ORDINANCE #09-599
k. ORDINANCE: Amendments to FWCC: Definitions in the City Code (Chapt. 2, 3, 8, 9,
14 & 17) (First Reading 12/02/08) APPROVED ORDINANCE #09-600
I. ORDINANCE: Amendments to FWCC: Criminal Law (Chapt. 1,5,6,11,13,14,15,
16, 17, & 22) (First Reading 12/02/08) APPROVED ORDINANCE #09-601
m. RESOLUTION: Directing Final Re-organization of the Federal Way City Code
(LUTC 11-17-08. PRHSPSC 11-10-08 and FEDRAC 11-25-08) APPROVED RESOLUTION #09-539
n. Feder31 W3Y Nation31 Little Le3gue Proposal for Fencing (PRHSPSC 12 99 gilt PULLED AND
APPROVED
o. Acceptance of WTSC Grant Money to Purchase Replacement Laser/Radar Devices
(PRHSPSC 12-09-08) APPROVED
p. Community Center Pool Chemical Vendor Contract (PRHSPSC 12-09-08) APPROVED
q. Electric Upgrade - Steel Lake Annex Brick House (PRHSPSC 12-09-08) APPROVED
MOTION: Deputy Mayor Faison moved approval ofthe consent agenda as presented.
Councilmember Burbidge second.
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Mayor Dovey pulled Consent Agenda item (n) Federal Way National League Proposal for
Fencing, and requested a presentation on the item.
VOTE: Motion to approve the Consent Agenda Items (a) - (m), & (0) -(q) carried 7-0.
Pulled Item: Consent en)/ Federal Way National Little Leaque Proposal for Fencinq (PRHSPSC 12-
09-08 )
Federal Way National Little League is a non-profit organization that has served the
community for the past seventeen years solely on volunteer efforts. They recently received a
$75,000 grant from the City to improve fencing, and per City policy they are requesting
approval to spend the funds.
MOTION: Mayor Dovey moved to approve Consent Item (n)/Federal Way National
Little League Proposal for Fencing as presented; Councilmember Ferrell second.
VOTE: Motion carried 7-0.
6. COUNCIL BUSINESS
a. Committee Appointments - Steel Lake Advisory Committee
Prior to the regular meeting, Council conducted a special meeting to interview candidates
for appointment to the City's Steel Lake Advisory Committee.
MOTION: Councilmember Duclos moved the following appointments to the Steel Lake
Advisory Committee: Thomas Dezutter to a two-year term expiring December 31,
2011; Margaret Reyhner to a two-year term expiring December 31, 2011; William
Lineham to a two-year term expiring December 31, 2011; and Melanie Cannon to a
two-year term expiring December 31, 2011. Council member Ferrell second.
VOTE: Motion carried 7-0
b. Community Center Generator Installation Bid Award
Councilmember Kochmar stated installation of the generator would allow the City to operate
the Community Center as an Emergency Management Center, as well as a Warming Center
during emergency conditions.
MOTION: Councilmember Kochmar moved to award the Community Center Building
Generator Electrical Installation Contract to Maries Corp dba Amaya Electric in the
amount of $140,828.00 including state sales tax, and authorize the City Manager to
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c. Le~islative Aqenda Consideration (Tabled at December2. 2009 City Council Meeting; From FEDRAC
11-2 -2008)
Communication and Government Affairs Manager, Linda Farmer, background information on
the Legislative Agenda.
MOTION: Councilmember Duclos moved to vote on the legislative agenda, excluding
the Performing Arts Center. Councilmember Ferrell second.
AMENDMENT: Councilmember Burbidge moved to amend the main motion by
including the Performing Arts Center in the Councils discussion and vote.
Council member Kochmar second.
The Council discussed the intent of the main motion and amendment.
Councilmember Duclos called the question.
VOTE ON AMENDMENT: The amendment failed 2-5. Mayor Dovey, Deputy Mayor
Faison, Councilmembers Duclos, Park and Ferrell dissenting.
VOTE ON MAIN MOTION: Main Motion carried 7-0.
MOTION: Councilmember Duclos then moved to include the Performing Arts Center
on the City's Legislative Agenda. Councilmember Burbidge second.
Councilmember Ferrell spoke against including the Performing Arts Center in the 2009
Legislative Agenda. He thanked everyone who provided input on this issue. The cost to
develop this project is double the amount spent on the Community Center, and there has not
been any discussion on the expenses associated wit~ operating a facility like this.
Councilmember Park stated the Council is only voting on whether on not to include the
Performing Arts Center on their Legislative Agenda. They are not giving the green light on
building the facility. Regardless of the current economic state, the funds being awarded by
the State are allocated for capital projects, the funds cannot be used for operating costs. He
would like the Council to discuss this project at their upcoming retreat.
Councilmember Duclos supports including the Performing Arts Genter in the 2009
Legislative Agenda. She fully supports economic development in the downtown area and will
continue to advocate for it.
Deputy Mayor Faison admitted that he is not a great supporter of the arts. However, it is the
Council's responsibility to listen to what the citizens want. In last years citizen survey, 62% of
residents polled supported using City funds for development of a Performing Arts Center.
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Deputy Mayor Faison admitted that he is not a great supporter of the arts. However, it is the
Council's responsibility to listen to what the citizens want. In last years citizen survey, 62% of
residents polled supported using City funds for development of a Performing Arts Center.
He further noted approximately 80% of those polled supported using city funds in the re-
development of the downtown area. He will vote in favor of including the Performing Arts
Center in the Legislative Agenda.
Councilmember Burbidge supports including the PAC in the 2009 Legislative Agenda. She
feels the venue would bring revenue and employment opportunities to the city. It would
provide a venue for students and local organizations to perform.
Councilmember Kochmar noted many of the items on the Councils Legislative Agenda have
been part of the agenda year after year. The City Center Access Project was included in the
agenda without any discussion by the Council. She echoed Councilmember Parks'
comments that the Council is only voting on whether or not to include the project on the
agenda. She will vote in favor of this motion.
Mayor Dovey stated he supports including the PAC in the Legislative Agenda. However, if
after further discussion, there is not a solid business plan he is not supportive of the city
running this project. He strongly supports this project being run by the private sector. He also
noted that if this project does not make business sense on paper; he will not support it going
further.
VOTE: Main Motion carried 6-1. Councilmember Ferrell dissenting.
d. Monthlv Financial Report
The Finance/Economic Development/Regional Affairs Committee (FEDRAC) did not meet
during the month of December. The November financial report is coming before the City
Council for approval.
MOTION: Council member Park moved approval of the November 2007 Financial report
as presented. Councilmember Duclos second.
VOTE: Motion carried 7-0.
e. Vouchers
The Finance/Economic Development/Regional Affairs Committee (FEDRAC) did not meet
during the month of December. The November vouchers are coming before the City Council
for approval.
MOTION: Councilmember Park moved approval ofthe November 2007 Financial report
as presented. Councilmember Duclos second.
VOTE: Motion carried 7-0.
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f. SCORE Interlocal Aqreement
Councilmember Park stated this item was discussed at the December 2, 2008 Council
meeting. Assistant City Manager Bryant Enge stated the Interlocal Agreement presented is
for jail services for the Cites of Renton, Auburn, Des Moines, Tukwila, Burien, SeaTac and
Federal Way. The Cities will form an organization called the South Correction Entity Facility
Public Development Authority (SCORE). Bonding for the project will be issued to SCORE
organization rather than individual cities.
MOTION: Councilmember Park moved approval ofthe SCORE Interlocal Agreement.
Councilmember Duclos second.
VOTE: Motion carried 7-0.
7. INTRODUCTION & FIRST READING OF ORDINANCES
INTRODUCTION & ENACTMENT OF ORDINANCE:
a. Creatina South Correction Entitv Facilitv Public Development Authority
(SCORE) APPROVED ORDINANCE #09-602
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AUTHORIZING THE CREATION OF A PUBLIC CORPORATION TO BE
KNOWN AS THE SOUTH CORRECTIONAL ENTITY FACILITY PUBLIC DEVELOPMENT
AUTHORITY; APPROVING A CHARTER AND BYLAWS; ESTABLISHING A BOARD OF
DIRECTORS TO GOVERN THE AFFAIRS OF THE AUTHORITY; AND APPROVING
PROCEDURES FOR THE CONDUCT OF ITS AFFAIRS.
City Clerk Carol McNeilly read the Ordinance Title into the record.
MOTION: Councilmember Park moved approval and enactment of the Ordinance.
Councilmember Duclos second.
VOTE: Motion carried 7-0.
8. CITY COUNCIL REPORTS
Councilmember Park reported on upcoming meetings. He thanked city staff for the
wonderful job they did during the snow and ice
Councilmember Duclos - thanks Police Chief/City Manager for providing hotel vouchers for
the homeless during the recent freezing weather. She reported on upcoming meetings.
Kochmar reported the Land Use/Transportation Committee (LUTC) discussed the City
Center Access project at their January 5, 2009 meeting; she noted an Open House is
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scheduled in February. She also thanked staff for all their efforts during the recent snow
storm.
Burbidge upcoming meeting she will be attending, as well as upcoming events at Knutzen
Family Theatre. Free Community health fair at community center this weekend.
Councilmember Ferrell had no report this evening.
Deputy Mayor Faison noted that the map shown while discussing the snow routes was not
updated with the annexed area and current borders of Federal Way. He asked staff to make
sure the updated maps are used in the future. He also commented on the issues brought up
at tonight's public comment. He would like the Council to discuss current animal control
services and street light improvements at a future date.
Mayor Dovey discussed his attendance at various city and regional meetings, including the
upcoming Valley Comm Board Meeting on January 1ih. He reported various other South
Sound Cities has requested Federal Way begin or look into an ARCH program for human
services similar to the one which exists in their cities currently. Councilmember Burbidge
agreed to add it to the PRHSPSC for further discussion.
9. CITY MANAGER REPORT
City Manager Neal Beets reported the Council would be conducting an Executive Session
on Property Acquisition Pursuant to RCW 42.30.110(1 )(b). He stated the session may go
10:00 p.m. and suggested the Council make a motion to suspend the rules.
MOTION: Councilmember Kochmar moved to suspend the Council rules to allow
the meeting to go beyond 10:00 p.m. Councilmember Burbidge second.
VOTE: Motion carried 7-0.
10. EXECUTIVE SESSION
a. Property Acquisition Pursuant to RCW 42.30.110(1 )(b)
The Council adjourned into Executive Session at 9: 40 p.m.
The Council reconvened in open session at 10:20 p.m.
11. ADJOURNMENT
With no further business before the Council, Mayor Dovey adjourned the meeting at
10:20 p.m.
ATTEST:
Approved by Council on: January 20, 2009
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