Council MIN 10-06-2009 RegularCITY OF
Fed e ra I Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers City Hall
October 6, 2009 7:00 pm
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor povey called the meeting to order at 7:00 p.m.
Councilmembers present: Mayor Jack Dovey, Councilmembers Jim Ferrell, Linda
Kochmar, Mike Park, Jeanne Burbidge and Dini Duclos.
Mayor povey excused Deputy Mayor Faison.
Staff present: Interim City Manager Brian Wilson, City Attomey Pat Richardson and
City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
H. David Kaplan led the pledge of allegiance.
3. PRESENTATIONS
a. Emerqencv Manaqement Coordinator
Mayor povey presented Emergency Management Coordinator Ray Gross with a
plaque for his outstanding efforts in training Federal Way staff in disaster
preparedness and emergency management.
b. Mavors Month of Concern
Mayor povey reported the Mayors Month of Concem food drive collected over
29,000 pounds of food that was donated to the Federal Way Multi-Service Center.
Mayor povey thanked Waste Management, Top Foods, Walmart, The Todd Beamer
Jr. ROTC and the many other volunteers who contributed to the success of this
event.
c. Proclamation: National DECA Week October 12`h —16�'
Councilmember Burbidge read the proclamation into the record and presented it to
Decatur High School senior class representatives.
d. City Manager Emerging tssues
1. Introduction of New Emplovees
Interim City Manager Wilson reported Melissa Hamilton has joined the Police
Department to fill the Records Specialist position.
City Council Minutes October 6, 2009 Regular Meeting Page 1 of 6
2. Financial Repor.t Update
Interim City Manager Wilson provided a summary of 2009-2010 Budget:
In June 2009, the City reduced the budget by $1.8 million to respond to the
economic climate. Since then, the General and Street Revenues have been on
primarily on target. However, the major tax revenues (Property Tax, Sales Tax,
Criminal Justice Tax and Gambling Tax), are down based on these trends and
projections, the City is anticipating a revenue shortfall of $765K. With the
allocation of some one-time funding and freezing of positions, the revenue gap
can be reduced to $535K.
ICM Wilson reviewed the proposed allocations to cover the revenue shortfalls.
Those include $310K in excess property tax and High Crime funding, and $181 K
in and one time surplus funding previously reserved for the purchase of the
Camp Kilworth property. These adjustments would reduce the City's revenue
shortFall to $44K, which could be addressed within the City's General Fund.
The 2010 budget includes $400K in one-time expenditures and projects and a
$740K revenue gap. Mr. W ilson added there are unallocated revenues for both
2009 and 2010 totaling $840,000.
4. CITIZEN COMMENT
Ralph Ibarra spoke in support of Council Business Item 6.b. Business Incubation in
Federal Way.
Bettv Tavlor spoke regarding tra�c and pedestrian issues on 324
Beverlv Washinqton spoke regarding a traffic citation she received and pedestrian
issues on 324th.
Jon Potter a representative from Federal Way Village LLC thanked the City for
establishing the Local Revitalization Area in the City.
Douq Cvderberq spoke regarding traffic issues in his neighborhood and thanked the
City for installing a speed bump to help address the issue.
H. David Kaplan spoke in support of the City's ability to manage financial issues.
5. CONSENT AGENDA
Items listed below irave been previously reviewed in their entirety by a Council Committee of three
members and brought before full Council for approval; all ifems are enacted by one motion. Individual
ifems may be removed by a Councilmember for separate discussion and subsequent motion.
a. Meeting Minutes September 10, 2009 Special meeting, September 15, 2009
Special Meeting and September 15, 2009 Regular Meeting APPROVED
b. Vouchers
c. Monthly Financial Repart FEORO,cs-zz-os �APPROVED
d. SCORE Update SCORE Funding
e. Emergency Equipment Purchase Update
f. Approval to Apply for the 2010-2011 H Stormwater Pass-Through Grant
os> APPROVED
City Council Minutes October 6, 2009 Regular Meeting Page 2 of 6
g. Multi-Gas Detector Purchase Using Replacement Reserves c�uTC 9-14-09)
APPROVED
h. 2009-2011 Commute Trip Reduction Implementation Agreement with WSDOT
��ure s-�a-os> APPROVED
i. Commute Trip Reduction Service Contract with King County July 1, 2009 to June
30 ZO �LUTC 9-14-09) APPROVED
j. Sherwood Forest 2009 NTS Project (27 Ave. SW; SW 344 to SW 351 St ��u�cs-
14 APPROVED
k. Ree� o�' ����e-�1Ay
F�s-e-�-e�
I. RESOLUTION Formation of a North Lake Advisory Committee �LUTC 9-21-09)
APPROVED Resolution 09-560
m. RESOLUTION Approving and Confirming a Special Assessment Role for North
Lake �'-uTC s-z,-os> A� Resolution 09-561
n.
Councilmember Kochmar pulled item k.
Councilmember Ferrell pulled item n.
MOTION: Councilmember Kochmar moved to approve the Consent
Agenda, with the exception of items 5.k. and 5.n.
VOTE: Motion carried 6-0.
k. Lake Grove 2009 NTS Project SW 304"' Street 6�' Ave. SW to 1 S Ave SW ��uTc
9-14-09)
Councilmember Kochmar recused herself from this item.
MOTION: Councilmember Duclos moved approval, Councilmember
Burbidge second.
VOTE Motion carried 5-0. Councilmember Kochmar recused.
n. RESOLUTION Council Position on Proposition 1�Pub�'° "ea""9 s-,�-os�
Councilmember Ferrell requested the Council vote on this item.
MOTION: Councilmember Duclos moved approval, Councilmember
Burbidge second.
VOTE: Motion carried 5-1 Councilmember Ferrell dissenting. Resolution
09-563
6. COUNCIL BUSINESS
a. Settlement Aqreement with Blanchard
City Attomey Richardson stated the City is a defendant in a lawsuit and
participated in litigation. A tentative settlement agreement has been reached
and if approved by Council will go to Superior Court on October 23, 2009 for
approvaL
MOTION: Councilmember Kochmar moved approval, Councilmember
Duclos second. VOTE: Motion carried 6-0.
City Council Minutes October 6, 2009 Regular Meeting Page 3 of 6
b. Business Incubation in Federal Way �FEOR.acs-22-os>
Federal Way Chamber of Commerce CEO Tom Pierson reviewed a proposed
business plan for a new business incubation in Federal Way. Mr. Pierson stated
this facility is designed to create jobs and accelerate the successful development
of companies.
Mr. Pierson reviewed the Chambers proposed business plan for creating a
business incubator in Federal Way. They have leased a 14,000 square foot
building and plan to make tenant improvements. Funding from WA State and
ARRA Job Growth funds �have been secured. They are seeking financial
contributions from the City $100,000 in 2010 and 2011. Mr. Pierson noted the
funds being requested will be designated to programming.
Ciry Manger Wilson stated if the Council approved the funding request, funds
would come from the downtown development fund.
MOTION: Councilmember Park moved to approved $200k ($100k in 2009
and $100k in 2010) for the Business Incubator in Federal Way.
Councilmember Burbidge second.
Councilmember Duclos recused herself from this item.
VOTE: Motion carried 5-0. Councilmember Duclos recused.
c. Commission Appointment: Planninq Commission
One position on the Planning Commission has a term of October 20, 2009.
Lawson Bronson, the current member serving in the position is seeking
reappointment.
MOTION: Councilmember Kochmar moved to re-appoint Lawson Bronson
to the Planning Commission with a term expiring September 30, 2013.
Councilmember Duclos second.
VOTE: Motion carried 6-0.
d. Municipal Stormwater Grant of Reqional or Statewide Sicanificance ��urc �o-�os�
Mr. Appleton stated this item was reviewed by LUTC the on October 5, 2009 and
due to the grant application deadline, it was being presented to the Council the
following night.
MOTION: Councilmember Kochmar moved approval of the
recommendation to apply for grant funding. Councilmember Park second.
VOTE: Motion carried 6-0.
e. RESOLUTION: Letter of Support for Boeinq 787 Line in Washinqton
Mayor povey reported the City was asked to approve a resolution supporting
the States efforts to encourage the Boeing Company to keep their business in
Washington.
MOTION: Dovey moved approval of the resolution, Councilmember
Kochmar second.
VOTE: Motion carried 6-0. Resolution No. 09-563
City Council Minutes October 6, 2009 Regular Meeting Page 4 of 6
7. INTRODUCTION FIRST READING OF ORDINANCES
a. (1) Council Bill 506 Traffic Impact Fee �'-ure s-,a-os�
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING
TO TRANSPORTATION IMPACT FEE (TIF); AND ADDING NEW SECTIONS TO
FEDERAL WAY REVISED CODE CHAPTERS 19.91.
The City Clerk read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to
the October 20, 2009 meeting for second reading and enactment.
Councilmember Duclos second.
VOTE: Motion carried 6-0.
(2) Council Bill 507 Transportation Concurrencv Manaqement ��ure s-,a-os�
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO
TRANSPORTATION CONCURRENCY MANAGEMENT; AMENDING FWRC 19.90.010,
19.90.060, 19.90.130, 19.90.140, AND 19.90.160. (AMENDING ORDINANCE NO. 06-
525)
The City Clerk read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to
the October 20, 2009 meeting for second reading and enactment.
Councilmember Duclos second.
VOTE: Motion carried 6-0.
b. Council Bill# 508 Establishina Time of Pavment, Interest and Penalties for
North Lake Manaqement District 9
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING
THE TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE IMPOSED ON
DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR LAKE MANAGEMENT
DISTRICT NO. 2 FOR NORTH LAKE
The City Clerk read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to
the October 20, 2009 meeting for second reading and enactment.
Councilmember Duclos second.
VOTE: Motion carried 6-0.
c. Council Bill# 509_ NPDES Code Amendments ��ures-�s-os>
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT
REQUIREMENTS; AMENDING FWRC CHAPTER 13.15, "BUILDING CONSTRUCTION
STANDARDS", CHAPTER 14.25,"ENVIROMENTAL POLICY STATEMENTS", TITLE 16,
"SURFACE WATER MANAGEMENT', CHAPTER 18.60, "SUBDIVISION
IMPROVEMENTS:, CHAPTER 19.05, ZONING AND DEVELOPMENT IN GENERAL"
CHAPTER 19.125 OUTDOORS, YARDS, AND LANDSCAPING", CHAPTER 19.130,
"OFF-STREET PARKING", CHAPTER 19.135, "DEVELOPMENT IMPROVEMENTS:�
AND CHAPTER 19.120, "CLEARING, GRADING AND TREE AND VEGETATION
RETENTION"; AND ADDING NEW SECTIONS TO FWRC 16.50 DISCHARGES TO
FEDERAL WAY WATERS AND STORM DRAINAGE SYSTEMS. (AMENDING
ORDINANCE NOS. 07-563, 04-468, 09-593, 99-352, 90-43, 09-597, 07-554, 09-610
AND 07-559)
City Council Minutes October 6, 2009 Regular Meeting Page S of 6
The City Clerk read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to
the October 20, 2009 meeting for second reading and enactment.
Councilmember Duclos second.
VOTE: Motion carried 6-0.
8. COUNCIL REPORTS
Counciimember Ferrell reported that he, along with other Councilmember's attended
a domestic violence awareness event on Oct. 5 at Christian Faith Center.
Councilmember Duclos reported that Regional Policy Council forwarded a
recommendation to the King County Council regarding Human Services funding.
Councilmember Burbidge reported the next PRSHPS meeting is October 13, 2009.
The next South County Area Transportation Board SCATBD Meeting on October 20,
2009.
Councilmember Park reported the next FEDRAC meeting is October 27, 2009.
Councilmember Kochmar reported the next LUTC meeting is October 19, 2009.
Mayor povey reported the City received a good rating for bond funding on the Score
Project. Valley-Comm with be discussing potential flood issues and response plans at
an upcoming meeting. The next LTAC meeting is October 20, 2009.
9. CITY MANAGER REPORT
Interim City Manager Wilson added to the comments on the domestic violence
awareness event by stating Federal Way is a strong advocate of providing training to
police o�cer and participation in efforts to change legislation related to domestic
violence crimes.
Mr. Wilson also reported the City is continuing their discussions with local transit
providers regarding safety issues.
10.ADJOURNMENT
With no further business before the Council, Mayor povey adjourned the meeting at
8:42 p.m.
ATTEST:
�C
Carol McNeilly, CMC
City Clerk
Approved by Council: October 20, 2009
City Council Minutes October 6, 2009 Regular Meeting Page 6 of 6