Council MIN 09-01-2009 Regular
A Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
SEPTEMBER 1, 2009 - 7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Deputy Mayor Faison called the meeting to order at 7:01 p.m.
Council members present: Deputy Mayor Eric Faison, Councilmembers Mike Park, Jim
Ferrell, Jeanne Burbidge, Linda Kochmar and Dini Duclos. Deputy Mayor Faison excused
Mayor Dovey's absence as he is attending a city-related training event out of state.
Staff present: Acting Interim City Manager Bryant Enge, Assistant City Attorney Amy Jo
Pearsall and Deputy City Clerk Krystal Roe.
MOTION: Councilmember Park moved to amend the agenda to remove the Energy
Efficiency Grant, Item 5E from the Consent Agenda and add it to Council Business,
Item 7B. Motion second??
VOTE: Motion carried 6 - O.
2. PLEDGE OF ALLEGIANCE
City Planning Manager Isaac Conlen led the pledge of allegiance.
3. PRESENTATIONS
City Manaoer Emeroino Issues / Introduction of New Emplovees
. Code Compliance Update: John Micciche
Community Development Director Greg Fewins provided a PowerPoint presentation
highlighting the code enforcement efforts in regards to alleged violations by Mr. Micciche
and the Municipal Court rulings regarding same.
. Introduction of New Employees
Acting Interim City Manager Enge introduced and welcomed Leah Fraine, the City's new
Cultural Events and Arts Coordinator in the Parks, Recreation and Cultural Services
Department.
4. CITIZEN COMMENT
Deputy Mayor Faison noted 16 anonymous public comments had been submitted. Because
the comments are anonymous, they cannot be read into the record. However, they will
become part of the official record and forwarded to City Council members.
H. David Kaplan announced the application period (and deadline) for the second round of
the City's Tourism Enhancement Grants.
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Nancy Combs began to speak regarding the strong mayor form of government.
POINT OF ORDER: Assistant City Attorney Pearsall noted citizens may not address
ballot issues under public comment. Deputy Mayor Faison explained state law
prohibits the use of public facilities and/or public resources for campaign purposes.
Ms. Combs went on to say she is unhappy with Federal Way and listed various reasons
supporting her opinion.
Betty Taylor spoke about concerns she has with the management of the apartment complex
in which she resides. She described numerous problems and the steps she's taken to
resolve the issues with individuals in and outside the apartment's management company.
John Micciche stated he did not say or admit to committing any of the infractions. He
provided a background of the violation process from his perspective and the steps he's
taken to meet the City's requests for compliance.
MOTION: Councilmember Ferrell moved to allow Mr. Micciche another three minutes
to continue presenting his perspective. The motion died for lack of a second.
Deputy Mayor Faison stated the public comment time for Mr. Micciche had expired and
encouraged him to speak to Councilmembers directly.
Dixie Hallenberoer's comments were read into the record by Deputy City Clerk Roe. The
comments raised questions regarding how boats are defined and measured. The comments
also noted code compliance issues for several properties in the City.
Deborah Little thanked the Council for the opportunity to serve as a Diversity Commissioner.
Christopher Cormier's comments were read into the record by Deputy City Clerk Roe. Mr.
Cormier was one of the 16 anonymous individuals who submitted public comment forms
supporting Ms. Taylor's complaints against their apartment complex. Mr. Cormier raised
complaints of pest infestation, drug use, crime and filth.
Meoan Graham spoke in support of Mr. Micciche.
Councilmember Duclos urged that staff and Mr. Micciche work together to resolve the issue
amicably.
5. CONSENT AGENDA
a. Approval of Minutes: August 4, 2009 Regular & Special Meeting, August 8, 2009
Special Meeting, and August 25, 2009 Special Meeting APPROVED
b. Vouchers FEDRAC 8-25-09 APPROVED
c. Monthly Financial Report FEDRAC 8-25-09 APPROVED
d. ORDINANCE Creating North Lake Management District NO.2 and Setting Public
Hearing Date 1 st reading 8-4-09 APPROVED ORDINANCE NO. 09-622
e. Energy Efficiency Grant (ECGB) Project Financing FEDRAC 8-25-09
PULLED/MOVED TO COUNCIL BUSINESS, 7B.
f. Grant Funding for Transportation Improvement Projects FEDRAC 8-25-09
APPROVED
g. RFP for State Lobbyist FEDRAC 8-25-09 APPROVED
h. Washington State Archives Records Grant FEDRAC 8-25-09 APPROVED
MOTION: Councilmember Ferrell moved approval of Consent Items A- H less item E.
Councilmember Kochmar second.
VOTE: Motion carried 6 - O.
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6. PUBLIC HEARING
Deputy Mayor Faison opened the public hearing at 7:52 p.m.
Acting Interim City Manager Enge provided a PowerPoint presentation outlining the impact of
Initiative 1033 on Federal Way's finances. Mr. Enge stated 1-1033 would increase the
projected 2011 operating deficit by $827,000 for a total of $1.5 million. The long-term fiscal
impact would reduce general fund revenues available to spend on operations by $3.6 million
through 2015. Mr. Enge summarized 1-1033 would limit revenue recovery due to economic
cycles, further reduce general fund revenues, make permanent the temporary transfer of
utility taxes, limit the ability to deal with unanticipated costs and response to emerging issues
and increase the margin between revenues and costs.
PRO/CON REPRESENTATIVE STATEMENTS:
Deputy Mayor Faison opened the comment period to representatives from both sides of the
issue. Each speaker was given for 10 minutes to present their position.
CON REPRESENTATIVE: Aisling Kerins described negative effects of 1-1033 and listed the
companies, organizations and agencies who have joined the opposition efforts to this
initiative. She remarked the consequences experienced by the state of Colorado where a
similar initiative was passed. She urged citizens and Council to vote no on this measure.
PRO REPRESENTATIVE: None present.
Councilmember Park inquired if representatives from the Pro position were invited. Assistant
City Attorney Pearsall answered yes, people from both sides were invited to attend but not
required to do so.
PUBLIC COMMENT:
H. David Kaplan compared 1-1033 to the earlier passage of 1-695. He remarked the stated
goal of 1-685 was never realized and listed its negative impacts. He compared the failure of 1-
695 to this current initiative. He noted Federal Way is in a disastrous situation now and
locking the City's future financial budget in at this basement level will put the City in a terrible
position.
Alexander Paterson inquired about the cost of special elections for a citizen-approved ballot
measure to override the caps set by Initiative 1033.
Deputy Mayor Faison clarified the City could go to the voters to override the cap but the cap
remains for the portion that is not voter approved. As an example, if property taxes are $1.00
and they decline by $.10, then only that $.10 could be reinstated by voter approval. Mr. Enge
concurred with this analogy.
COUNCIL DISCUSSION:
Councilmember Ferrell drew a comparison between this initiative and the problems the state
of California is currently experiencing. Both California and Oregon have experienced dire
circumstances because of the impacts of similar initiatives passed in their states. There are
core functions of Washington state government that will not be met if these initiatives
continue to erode the budgets of the state and local government. Mr. Ferrell will be voting
against 1-1033.
Council member Duclos concurred with Council member Ferrell. She noted Federal Way has
been extremely conservative with its budget and is in a better position than other cities in our
state. This initiative will penalize the City for its conservative budget. She will be supporting
the no side.
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Councilmember Kochmar stated the City would be forced to cut core services if this initiative
passes. The City cannot be responsive and responsible to its citizens if this passes and
further reduces the City's budget. Councilmember Kochmar opposes 1-1033.
Council member Park described the current financial challenges already faced by the City. 1-
1033 will worsen this situation. He does not support 1-1033.
Councilmember Burbidge has serious concerns about this initiative. Due to the current
economic crisis, the City has already had to transfer utility tax revenue to fill the gap in the
City's operating budget. This has impacted construction and maintenance of roads, parks and
facilities. If 1-1033 passes, the City will not be able to maintain its infrastructure because as
capital funds are eliminated, general funds must be used instead. She urged citizens to take
a close look at the measure; she will be supporting a Council resolution opposing the
initiative.
Deputy Mayor Faison also has serious concerns. He noted generating new revenues from
economic development growth in Federal Way would mean an identical loss/decline from
property tax revenue. Therefore, there would be no incentive to continue economic growth.
And, although voters could approve overriding the caps sent by 1-1033, the cost of putting the
issue to a citizen vote would cost the City an estimated $100,000 per special election. He will
be supporting a Council resolution to oppose the initiative.
MOTION: Council member Ferrell moved to direct staff to draft a resolution reflecting
the City Council's opposition to Initiative 1033 to be presented at the September 15,
2009 City Council meeting. Councilmember Park second.
VOTE: Motion carried 6 - O.
7. COUNCIL BUSINESS
a. Settlement Agreement with Lakehaven Utility District to Relinquish Easements in Right
of Way.
Assistant City Attorney Pearsall presented the staff report for Council consideration.
MOTION: Councilmember Ferrell moved approval of the proposed settlement
agreement and authorize the Interim City Manager to execute the necessary
documents. Councilmember Duclos second.
Council member Kochmar recused herself; she is an employee of Lakehaven Utility
District.
VOTE: Motion carried 5 - 0; Councilmember Kochmar recused.
b. Energy Efficiency Grant (ECGB) Project Financing
Councilmember Park stated this issue had been discussed by the Finance, Economic
Development and Regional Affairs Committee (FEDRAC) on August 25, 2009.
Acting Interim City Manager Enge explained staff presented the FEDRAC Committee
members with three proposals for grant funding to consider. Committee members then
discussed the options and the alternatives for each.
At the meeting, the Committee verbally reached consensus to approve the alternative on
Issue #1, directing staff to pursue a loan of $323,000 (50% of the project cost). The
payback of this loan would be made from energy savings in eight years or less.
However, the Committee inadvertently moved to approve the staff recommendation
rather than the alternative. Therefore, staff is requesting a clarifying motion to formally
capture the Committee's consensus approving the staff alternative and authorizing staff
to pursue a loan for this project.
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MOTION: Councilmember Park moved to approve the amended staff
recommendation (as explained by Mr. Enge) to pursue a state loan for the project.
Council member Kochmar second.
VOTE: Motion carried 6 - O.
8. INTRODUCTION AND FIRST READING OF ORDINANCES
a. Council Bill #503/Amendments to the Federal Way Revised Code (FWRC) Title 18
"Subdivisions" and Title 19 "Zonino and Development Code"
AN ORDINANCE of the City of Federal Way, Washington, relating to plat and land use application time
extensions; amending FWRC 18.05.080,18.30.260,18.35.220,19.15.050,19.15.100, and 19.15.110;
repealing FWRC 18.30.270,19.65.110, and 19.70.160; and adding new sections to FWRC 18.05.090 and
19.15.075. (Amending Ordinance Nos. 09-594, 07-573, 07-554, 00-375, 97-291, 92-133, and 90-43)
Deputy City Clerk Roe read the ordinance title into the record.
MOTION: Council member Kochmar moved to forward the ordinance to a
second reading for enactment on the September 15, 2009 Consent agenda.
Council member Duclos second.
VOTE: Motion carried 6 - O.
b. Council Bill #504/Amendments to Federal Way Revised Code (FWRC) Title 19.15.045
"Completeness of applications" reoardino vestino for use process applications.
AN ORDINANCE of the City of Federal Way, Washington, relating to land use application vesting;
amending FWRC 19.15.045. (Amending Ordinance Numbers 09-594 and 90-43)
Deputy City Clerk Roe read the ordinance title into the record.
Senior Planner Margaret Clark presented Council with a corrected version of the
ordinance as amended and approved by the Land Use and Transportation Committee.
MOTION: Councilmember Kochmar moved to forward the ordinance as
amended to a second reading for enactment at the September 15, 2009 Council
meeting. Councilmember Duclos second.
VOTE: Motion carried 6 - O.
c. Council Bill #505/Criminal Code Update
AN ORDINANCE ofthe City of Federal Way, Washington, relating to Sexual Misconduct with a Minor in the
Second Degree; amending FWRC 6.20.010. (Amending Res. No. 09-539, ~ 1,1-6-09; Ord. Nos. 04-463,
~ 1,8-3-04; 02-429, ~ 3, 11-19-02; 00-374, ~ 1,9-19-00; 91-106, ~ 1,8-20-91; 91-89, ~ 1 (9.10.01 0),3-5-
91. Code 2001 ~ 6-61.)
Deputy City Clerk Roe read the ordinance title into the record.
MOTION: Councilmember Burbidge moved to forward the ordinance to the
consent agenda at the September 15, 2009 Council meeting for enactment.
Councilmember Park second.
VOTE: Motion carried 6 - O.
d. Council Bill #506/Amendino the Existino Interlocal Aoreement with SCORE and
Approvino a New Interlocal Aoreement with the Cities of Des Moines. Renton. Auburn
and the South County Correctional Entity
AN ORDINANCE of the City of Federal Way, Washington, authorizing the execution of an amended and
restated interlocal agreement relating to the South Correctional Entity Facility; authorizing the execution of
an interlocal agreement among the Cities of Renton, Auburn, and Des Moines, Washington, and the South
Correctional Entity. (Amending Ordinance No. 09-603)
Deputy City Clerk Roe read the ordinance title into the record.
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Deputy Mayor Faison stated this ordinance, if approved, would be enacted at tonight's
meeting. It will not be forwarded to a second reading at the next Council meeting.
MOTION: Council member Park moved to enact the proposed ordinance amending
the interlocal agreement relating to "SCORE" and approve executing a new
interlocal agreement among the cities of Renton, Auburn and Des Moines and
SCORE. Councilmember Ferrell second.
Deputy Mayor Faison explained this ordinance has been brought about because of one
member city's low credit score. That city's credit score would have negatively impacted
the other member cities, resulting in higher costs for everyone. The proposed ordinance
protects the other cities, including Federal Way.
VOTE: Motion carried 6 - O.
9. COUNCIL REPORTS
Councilmember Burbidge reported the next PRHSPS meeting is September 8,2009 and she
reviewed the meeting agenda. On September 9 she will attend the Policy Issues Committee
meeting of the Suburban Cities' Association chaired by Councilmember Kochmar. Next
Thursday she will be attending the monthly meeting of the Transportation Policy Board in
Seattle.
Councilmember Park announced the City/Federal Way Chamber of Commerce Economic
Development Committee meeting on Thursday at 7:30 a.m. at the Chamber offices.
Councilmember Kochmar noted the Suburban Cities Policy Issues Committee meeting on
September 9 (as mentioned by Councilmember Burbidge). Of interest is the
recommendation to the King County Council to increase METRO transportation fares before
taking steps to reduce services. Transportation 2040 and opposition to 1-1033 will also be
discussed.
No reports given by Councilmembers Duclos, Ferrell and Deputy Mayor Faison.
10. CITY MANAGER REPORT
Acting Interim City Manager Enge announced the City successfully submitted its $2.1 million
Local Revitalization Area grant application to the state. Thanks to the diligent efforts of
Economic Development Director Patrick Doherty, Federal Way was the fifth city to submit an
application for this competitive grant. Hopefully, good news will be announced soon!
11. ADJOURNMENT
With no further business before the Council, Deputy Mayor Faison adjourned the meeting at
8:48 p.m.
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Krys I e, Deputy City Clerk
Approved by Council: 9-15-2009
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