Council MIN 03-17-2009 Regular
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
MARCH 17,2009 -7:00 pm
www.citvoffederalwaV.com
1. CALL MEETING TO ORDER
Mayor Dovey called the regular meeting of the Federal Way City Council to order at the hour of
7:01 p.m.
Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers
Jeanne Burbidge, Dini Duclos, Jim Ferrell, Linda Kochmar, and Mike Park.
Staff present: City Manager Neal Beets, City Attorney Pat Richardson, and Deputy City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Cub Scout Pack #307 presented the colors and led the flag salute.
Mayor Dovey noted he would be willing to entertain a motion to hear public testimony related to
the City Center Access Project under Council Business Item 6(c).
MOTION MADE BY COUNCILMEMBER FERRELL TO ACCEPT PUBLIC COMMENT ON THE
CITY CENTER ACCESS PROJECT UNDER COUNCIL BUSINESS ITEM 6(C)/CITY CENTER
ACCESS PROJECT: APPROVAL OF RECOMMENDED ALTERNATIVE; SECOND BY
COUNCILMEMBER KOCHMAR. The motion passed unanimously.
3. PRESENTATIONS
a. Alma Bennett Open Space - Certificate of Renaming
Councilmember Jeanne Burbidge presented the Certificate to Alma Bennett's son Ted and his
family. Mr. Bennett thanked the Council, and recognized the efforts of H. David Kaplan who led
this effort.
b. Donation for K9 Vest from Ms. Ayako Gibb (PRHSPSC 3-10-2009)
c. Donation for K9 Vest from Crestwood Animal Hospital (PRHSPSC 3-10-2009)
Chief Wilson gave a presentation to Council noting the generous donations the K-9 unit has
received to purchase the K-9 vest. He introduced Jennifer Ives and Dr. Norstrem from the
Crestwood Animal Hospital who brought a check in the amount of $3022.; Mrs. Gibb who
donated two separate checks of $500 each and the Lake Dolloff School who raised an
additional $171. Chief Wilson further introduced the three canines in the K-9 unit and their
officers. Mayor Dovey suggested those who donated get a picture with the officers.
City Council Meeting Minutes
March 17, 2009 - Page 1 of 8
ORIGINAL
d. City Manager Emerging Issues & Introduction of New Employees
City Manager Neal Beets stated there were no emerging issues to discuss or new employees to
introduce this evening.
4. CITIZEN COMMENT
Lois Watt spoke urging Council to approve the Laurelwood Park Donation, stating the
community is unable to keep up on maintenance and taxes.
H. David Kaplan, Chair of the Tourism Enhancement Grant Committee reminded of the
upcoming deadline for Grant requests on March 31 st. He stated there is $45,000 in grant money
to be awarded.
Walter Backstrom. urged Council to re-think funding only two community liaisons for the
Hispanic and the Korean communities. He urged Council to consider having an African
American liaison pQsition and a Senior Citizen liaison to aid those communities.
Donald Barovic updated Council on his expansive property and tree farm. He urged the city to
stop allowing storm water to drain into the streams as the salmon population is trying to make a
comeback and that will hamper the progress. He further questioned the use of firearms in the
deterrent of coyotes on his property.
Carol Lee asked Council to look into prohibiting single alcoholic beverage purchases, similar to
laws in neighboring communities. She noted her neighborhood is littered with bottles and she is
concerned.
Letter read into the record by the Deputy City Clerk: Sam Pace. of the Seattle-King County
Association of Realtors urged Council to extend the life of short plats to seven years due to the
stalled economy. He noted many contractors would have to start over if these permits are not
allowed to be continued.
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: March 3, 2009 Special and Regular Meetings -Approved
b. On-Site Safe City Systems Maintenance and Support Agreement (FEDRAC 2-24-
09) -Approved
c. ORDINANCE: Amendments to the Code Regarding the City Center Multi-Family
Tax Exemption Provisions (FEDRAC 2-24-09, 1st Reading 3-3-09) -Approved
Ord #09-606
d. Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert
Replacement Project- 100% Design Review and Request for Authorization to Bid
(LUTe 3-2-09) -Approved
e. Interlocal Agreement with Federal Way Public School District for S. 308th St.
Memorial Stadium Driveway Improvements (To be constructed under Easter Lake
Flood Control Improvements Project) - Request Authorization to Execute Agreement
(LUTe 3-2-09) -Approved
f. South 348th Street HOV Lanes - Project Acceptance (LUTe 3-2-09) -Approved
City Council Meeting Minutes
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g. NPDES 2009 Annual Report and SWMP (LUTe 3-2-09) -Approved
h. 2008 Bulletproof Vest Partnership Grant (PRHSPSe 3-10-2009)-Approved
i. Interagency Agreement with Seattle PD, W ASPC Grant, Gang Related Crime
(PRHSPSe 3-10-2009) -Approved
j. Laurelwood Property Donation (PRHSPSe 3-10-2009)-Pulled and Approved
k. Forte Electric Retainage Release (PRHSPSe 3-10-2009) -Approved
I. Federal Way Conference and Cultural Center (PRHSPSe 3-10-2009) -Approved
Councilmember Kochmar pulled item U)/Laurelwood Property Donation.
MOTION MADE BY DEPUTY MAYOR FAISON TO APPROVE ITEMS (a) - (i), (k), AND (I) AS
PRESENTED; SECOND MADE BY COUNCILMEMBER DUCLOS. The motion passed
unanimously.
Councilmember Kochmar recused herself from Item U).
MOTION MADE BY COUNCILMEMBER BURBIDGE TO APPROVE ITEM O)/LAURELWOOD
PROPERTY DONATION; SECOND BY COUNCILMEMBER DUCLOS. The motion passed 6-
0; Kochmar recused.
6. COUNCIL BUSINESS
a. Commission Appointment: Independent Salary Commission
MOTION MADE BY MAYOR DOVEY TO REAPPOINT RON SECRETO TO THE
INDEPENDENT SALARY COMMISSION FOR A FOUR YEAR TERM; SECOND BY DEPUTY
MAYOR ERIC FAISON. The motion passed unanimously.
b. City Center Access Project: Approval of Recommended Alternative
Mayor Dovey announced to the audience that the Council would not be making a decision at
tonight's meeting, rather the Council would be scheduling a Town-Hall style meeting where
citizens would have the opportunity to discuss their concems with the Councilmembers and staff
directly.
Assistant City Manager Cary Roe gave a brief PowerPoint presentation to update citizens and
Council where the project is currently. Mr. Roe reiterated the Council would not be making a
decision on this item until the April 7th or the 21st meeting. Following the presentation Council
asked various questions regarding the project and it's relation to the triangle project timeline.
Mayor Dovey then opened the item for Public Comment.
Russell Miller. spoke in opposition to the project and asked Council make the city more
pedestrian friendly by instead adding light rail, more buses and bike routes.
Laurie Haqedorn. spoke in opposition to the 312th access option, and thanked the Council for
having a town meeting for further discussions before making a decision.
Don Denckla a Belmore Park resident spoke in support of the 312th option as the alternative on
324th is an exit to nowhere. He urged Council to move forward.
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March 17, 2009 - Page 3 of 8
Roxanne Lappinq spoke in opposition to the 312th access option, she noted the road is very
dangerous and is used by pedestrians getting to and from the park.
Bill Linehan spoke in support of the park, he agreed this isn't a neighborhood issue but a park
that is used by the entire community and surrounding communities. He is in opposition to the
31 ih option that will impact the Steel Lake Park.
Mary Helen Amberson. asked Council to dismiss Option #1 (31ih Access) from consideration,
she noted the Park has wonderful memories for her and her family, and should be enjoyed for
future generations.
Carol Otto. asked Council to consider the 324th option and not the 312th Steel Lake Park access.
Gary Anderson. spoke in opposition however, thanked Council for adding an additional open
house for residents to voice their concerns and opinions about the City Center Access Project
and the 312th Option.
Maraaret Revner. spoke in opposition to the 312th option and an underpass, she feels this
underpass would be a target for crime and would detract from the park that she feels is the
City's Jewel.
Scott Chase. supports the Council moving forward with a decision, he noted there have been
numerous meetings and studies and he supports the alternatives to allow the city to grow and
thrive.
Robert Yount. said he was initially against the 312th option; however he understands the
decisions being made have to be in the best interest of the city. He suggested isolating the park
or potentially moving the entrance to the park.
Julie Vance. spoke in opposition to the 312th alternative and the city center project. She asked
the Council to look at options that might have not yet been looked at.
Neil Roe, resident of Belmore Park asked Council to dismiss Option #2 and the 324th access as
it is an exit to nowhere.
Susan Pearson, spoke in opposition to the 31ih option. She asked Council what % of the lake
side would be affected. She also thanked the Council for the Community Center which she uses
multiple times a week.
The Deputy City Clerk read into the record comments by Sallv Head, David and Eden Tones,
and Clara McArthur who oppose the freeway off-ramp onto 31ih.
Mayor Dovey asked staff to post information on the website regarding this updated information
and restated there will be a Town Hall style meeting to take place prior to any decision made on
this project. He noted the meeting will be held so that citizens will have a more informal chance
to speak directly to individual Councilmembers regarding their concerns with the project. He
stated the meeting is tentatively scheduled on April 2, 2009 however once the time and place
are set they will advertise both on the website and locally.
At 9: 11 pm Mayor Dovey announced a brief five minute recess to allow citizens who are leaving
to clear the room. Mayor Dovey reconvened the meeting at 9: 15 p.m.
City Council Meeting Minutes
March 17, 2009 - Page 4 of 8
c. Red Light Photo Enforcement Program - 3 month update (PRHSPSC 3-10-2009)
Chief Brian Wilson gave a brief presentation on the Photo Enforcement project, outlining the
pros and cons of the program, how the program works and the revenue collected in the first
three months. Chief reported in the first three months of the program 4,154 red light violations
citations were issued. He further noted after vendor fees the net to the city is as follows: October
2008/$21,114.58; November 2008/ $59,043.00; and December 2008/ $78,802.50. Very few
complaint calls have been received and the department has actually received a few calls in
support of the program and higher compliance that these specific intersections.
COUNCILMEMBER BURBIDGE MOVED APPROVAL OF THIS RED-LIGHT PHOTO STATUS
REPORT FROM THE POLICE DEPARTMENT; SECOND BY COUNCILMEMBER DUCLOS.
The motion passed unanimously.
d. Finalize Federal Way Neighborhood Stabilization Program (PRHSPSC 3-10-2009)
Human Services Manager Lynnette Hynden gave a brief presentation outlining the program. Ms.
Hynden noted Federal Way is designated to receive $651,688 in Neighborhood Stabilization
Program funding through the State of Washington. The federal funded program is intended
exclusively for purchasing of foreclosed properties. Once ownership is transferred to the
qualified low-to middle-income households, local communities will benefit by stabilizing the
vacant housing stock in Federal Way.
MOTION MADE BY COUNCILMEMBER BURBIDGE TO FINALIZE THE CITY OF FEDERAL
WAY NEIGHBORHOOD STABILIZATION PROGRAM TO PROVIDE FINANCING
MECHANISMS FOR HOMEBUYERS TO PURCHASE FORECLOSED RESIDENTIAL
PROPERTIES IN THE CENSUS TRACTS IDENTIFIED AS HAVING A HIGH-RISK OF
FORECLOSURE THROUGH AN AGREEMENT WITH THE WASHINGTON STATE HOUSING
FINANCE COMMISSION. IT IS FURTHER MOVED THAT THE CITY MANAGER OR HIS
DESIGNEE, BE AUTHORIZED TO ENTER INTO THE REQUIRED AGREEMENTS TO CARRY
OUT FEDERAL WAY'S NEIGHBORHOOD STABILIZATION PROGRAM; SECOND MADE BY
COUNCILMEMBER DUCLOS. The motion passed unanimously.
e. 2009 Planning Commission and Long Range Work Program (LUTe 3-2-09)
No staff presentation was given on this item.
MOTION MADE BY COUNCILMEMBER KOCHMAR TO APPROVE THE PLANNING
COMMISSION WORK PLAN AND LONG RANGE PLAN WITH THE ADDITION OF
EARMARKING $77,000 FOR ADDITIONAL PLANNING CONSULTANT SERVICES; SECOND
MADE BY COUNCILMEMBER DUCLOS.
After discussion, Council agreed in the light of the previous information given onthe budgetthis
evening, the Council would hold off for 30 days to reconsider the earmarking of additional
dollars.
For the purpose of clarifying Councilmember Duclos withdrew her second and Councilmember
Kochmar restated the main motion.
MOTION MADE BY COUNCILMEMBER KOCH MAR TO APPROVE THE PLANNING
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March 17, 2009 - Page 5 of 8
COMMISSION WORK PLAN AND LONG RANGE PLAN AS PRESENTED; SECOND MADE
BY COUNCILMEMBER DUCLOS. The motion passed unanimously.
7. INTRODUCTION AND FIRST READING OF ORDINANCES
a. ORDINANCE: RV's in Residential Zones Code Amendments (LUTC 3-2-09)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ALLOWING TEMPORARY
OCCUPANCY OF A RECREATIONAL VEHICLE AT A RESIDENTIAL PROPERTY WHERE THE PRIMARY DWELLING UNIT HAS BEEN DAMAGED
BY A DISASTER OR ACCIDENT AND DEEMED UNSAFE TO OCCUPY; AMENDING FEDERAL WAY CITY CODE(FWCC)CHAPTER
22 "ZONING," ARTICLE I "IN GENERAL" SECTION 22-1 ; ARTICLE XIII "SUPPLEMENTARY DISTRICT REGULATIONS" SECTIONS 22-1112,
22-1135,22-1177, AND 22-1180.
Ordinance title read into the record by Deputy City Clerk Stephanie Courtney.
MOTION MADE BY COUNCILMEMBER KOCH MAR TO MOVE ORDINANCE/RV'S IN
RESIDENTIAL ZONES CODE AMENDMENTS TO SECOND READING/ENACTMENT AT THE
NEXT REGULAR CITY COUNCIL MEETING ON APRIL 7, 2009; SECOND BY
COUNCILMEMBER DUCLOS. The motion passed unanimously.
b. ORDINANCE: Construction Hours Code Amendments (LUTC 3-2-09)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC)
CHAPTER 22, ARTICLE XIII, "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION 22-1006 RELATED TO DEVELOPMENT ACTIVITIES
AND HEAVY EQUIPMENT OPERATIONS (AMENDING ORDINANCE NOS. 90-43 AND 99-341).
Ordinance title read into the record by Deputy City Clerk Stephanie Courtney.
MOTION MADE BY COUNCILMEMBER KOCHMAR TO MOVE
ORDINANCE/CONSTRUCTION HOURS CODE AMENDMENT TO SECOND
READING/ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING ON APRIL 7,
2009; SECOND BY COUNCILMEMBER DUCLOS. The motion passed unanimously.
c. ORDINANCE: Public Defense Standards and Acceptance of $20,000 Grant from
Washington State Office of Public Defense
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING STANDARDS FOR PUBLIC
DEFENSE, ADDING A NEW CHAPTER TO THE FEDERAL WAY REVISED CODE.
Ordinance title read into the record by Deputy City Clerk Stephanie Courtney.
MOTION MADE BY COUNCILMEMBER PARK TO MOVE ORDINANCE/PUBLIC DEFENSE
STANDARDS AND ACCEPTANCE OF $20,000 GRANT FROM WASHINGTON STATE
OFFICE OF PUBLIC DEFENSE TO SECOND READING/ENACTMENT AT THE NEXT
REGULAR CITY COUNCIL MEETING ON APRIL 7, 2009; SECOND BY DEPUTY MAYOR
FAISON. The motion passed unanimously.
d. ORDINANCE: Adopting Clearing, Grading, and Tree and Vegetation Retention
Code Amendments (LUTC 2-23-09)
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FOREST PRACTICES REGULATIONS; ADDING
NEW SECTIONS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XIII, DIVISION 7 [FWRC 19.120]
Ordinance title read into the record by Deputy City Clerk Stephanie Courtney.
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March 17, 2009 - Page 6 of 8
MOTION MADE BY COUNCILMEMBER KOCHMAR TO MOVE ORDINANCE: ADOPTING
CLEARING, GRADING, AND TREE AND VEGETATION RETENTION CODE AMENDMENTS
TO SECOND READING/ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING
ON APRIL 7, 2009; SECOND BY COUNCILMEMBER DUCLOS. The motion passed
unanimously.
e. ORDINANCE: Adopting Code Amendments for Administration of Class IV-
General Forest Practices Applications (LUTC 2-23-09)
AN ORDINANCE OF TH E CITY OF FEDERAL WAY, WASHINGTON, RELATING TO LAND MODIFICATION INCLUDING CLEARING, GRADING,
AND TREE AND VEGITATION RETENTION; AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTERS 20 AND 22, SECTIONS 20-83, 20-
111,20-154,22-1,22-33,22-1133,22-1561,22-1562,22-1563,22-1564,22-1569,22-1570, 22-1634, 22-1635,AND
22-1638; ADDING NEW SECTINOS TO CHAPTER 22 ARTICLE XIII, AND REPEALING SECTIONS 20-179,20-186,22-962,22-1091.
22-1092,22-1093,22-1094,22-1095,22-1568.
Ordinance title read into the record by Deputy City Clerk Stephanie Courtney.
MOTION MADE BY COUNCILMEMBER KOCHMAR TO MOVE ORDINANCE/ADOPTING
CODE AMENDMENTS FOR ADMINISTRATION OF CLASS IV-GENERAL FOREST
PRACTICES APPLICATIONS TO SECOND READING/ENACTMENT AT THE NEXT
REGULAR CITY COUNCIL MEETING ON APRIL 7, 2009; SECOND BY COUNCILMEMBER
DUCLOS. The motion passed unanimously.
8. CITY COUNCIL REPORTS
Councilmember Ferrell had no report this evening.
Councilmember Duclos reported on her attendance at a meeting last Friday where they
discussed Long Range Planning and the reduction or elimination of recyclable materials.
Councilmember Burbidge announced the next meeting of the Parks, Recreation, Human
Services, and Public Safety Committee will be April 14th at 5:30 pm in the Hylebos Room. She
reported on her attendance at various regional committees and complemented City Traffic
Engineer Rick Perez on his presentation he did for the South County Area Transportation Board
she attended. She further reminded everyone of upcoming local events and performances.
Councilmember Kochmar wished everyone a Happy St. Patrick's Day, and thanked Mayor
Dovey and Councilmember Burbidge for replacing her on the Puget Sound Regional Council
due to her extra duties on Suburban Cities. She congratulated Mayor Jack Dovey on being
named the City's Best Leader by the readers of the Federal Way Mirror.
Councilmember Park announced the next meeting of the Finance, Economic Development,
Regional Affairs Committee would be held on Tuesday, March 31st at 5:30 pm; and the
City/Korean Community Meeting would be held at 6:30 pm on Thursday, March 19th. He further
reported on his attendance at various regional meetings.
Deputy Mayor Faison spoke in response to a citizen's comment tonight regarding his request to
expand the city's liaison program to the senior and African American communities. Deputy
Mayor stated the Korean liaison and the Hispanic liaison program are designed to aid citizens
with a language barriers.
City Council Meeting Minutes
March 17, 2009 - Page 7 of 8
Mayor Dovey reported on his attendance at various community events and noted he would be
attending the Mayor's Meeting with the Governor. He further noted he has various upcoming
community and regional meetings next week representing Federal Way.
9. CITY MANAGER REPORT
City Manager Neal Beets had no report this evening and announced the Executive Session
planned for tonight has been canceled.
10. EXECUTIVE SESSION
Potential Litigation ReV\' 42.30.110(1)(i) canceled
11. ADJOURNMENT
There being nothing further to come before the Federal Way City Council, Mayor Dovey
adjourned the regular meeting at 9:45 p.m.
Attest:
anie Courtney, De ty City Clerk
Approved By Coundl On: ~ 17/D?
City Council Meeting Minutes
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