Council MIN 11-03-2009 Special/RegularGTY OF
u Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers City Hall
NOVEMBER 3, 2009
5:30 PM
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor povey called the meeting to order at 5:30 pm.
Councilmembers present: Mayor Jack Dovey, Councilmembers Linda Kochmar, Mike Park,
Dini Duclos and Jeanne Burbidge.
Deputy Mayor Eric Faison arrived at 5:35pm. Councilmember Jim Ferrell arrived at 5:38pm,
2. COMMISSION COMMITTEE INTERVIEWS
The council interviewed finro applicants for appointment to the Lodging Tax Advisory
Committee.
3. EXECUTIVE SESSION
The Council adjoumed to executive session at 5:50 pm to discuss potential litigation pursuant
to RCW 42.30.110(1)(i). Councilmember Kochmar adjoumed from executive session at 6:05
pm. The Council adjourned at 6:10 pm.
4. ADJOURN
Mayor povey adjourned the meeting at 6:11 pm.
Attest:
Carol McNeilly, C, Cit Clerk
Approved by Council: November 17, 2009
City Council Minutes November 3, 2009 Special Meeting Page 1 of 1
CITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers City Hall
NOVEMBER 3, 2009 7:00 PM
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor povey called the meeting to order at 7:02 pm
Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Council Members Jim
Ferrell, Jeanne Burbidge, Mike Park, Linda Kochmar and Dini Duclos.
Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City
Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Merle Pfeiffer led the pledge of allegiance.
3. PRESENTATIONS
Mayor povey asked everyone to observe a moment of silence for fallen Seattle Police Officer
Timothy Brenton.
a. Proclamation: Help the Homeless Week, November 9-13, 2009
Councilmember Burbidge read the proclamation into the record and presented it to Phil
Wamba of the FUSION Organization.
b. Safe Citv Proqram Update
Walmart representative Dick Maher presented the Safe City Federal Way Program
with a$500 check. Police Lieutenant Sandy Tudor who coordinates the program was
on hand to accept the check.
c. CiN Manacter Emerqinq Issues Introduction of New Emplovees
ICM Wilson shared a video that highlighted the amenities of Federal Way that aired on
television during the King County Executive candidate debates.
ICM Wilson then introduced Surface Water Manager Will Appleton who statedon October
19 the City was notified of a sink hole in the Marine Hills West subdivision. Emergency
repairs were authorized and staff has explored three options to repair the issue. They will
move forward with cleaning the existing pipe and lining it with a resin (known as cured in
place pipe). This is a low impact solution with respect to construction and is estimated to
cost befinreen $24k and $28k. The cost for the repairs will be funded with Capital
Improvement funds.
City Council Minutes November 3, 2009 Regular Meeting Page 1 of S
4. CITIZEN COMMENT
H. David Kaplan spoke in support of approving the tourism enhancement grant recommendations.
Bettv Tavlor thanked staff for the briefing on traffic issues near Bellmore Park at the November 2
LUTC meeting. She would like staff to talk about
Mrs. Claus came and extended an invitation to the Council to attend a holiday tree lighting event
December 5 at Dash Point Village Shopping 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 subsequenf mofion.
a. Monthly Financial Report APPROVED
b. Vouchers APPROVED
c. Council Bill 510 SEPA Amendments and Zoning Code Amendments APPROVED
ORD/NANCE 09-631
d. School Impact Fees APPROVED
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f. State Lobbyist RFP; Approval to Award Contract APPROVED
g. Interlocal Agreement with the State Administrative Office of the Courts (Interpreter
Services) APPROVED
h. Human Services Electronic Joint City Grant Application: HSConnect.net APPROVED
i.
i. Tourism Enhancement Grant Award Recommendations APPROVED
MOTION: Deputy Mayor Faison moved approval of items 5.a. through 5.j. Councilmember
Ferrell second.
Councilmember Kochmar pulled 5.e. Councilmember Duclos pulled 5.i.
VOTE: Items 5a, b, c, d, f, g, h and j were approved 7-0.
5.e. Pacific Hwv South HOV Lanes Phase IV (S 312� St to Dash Pt Road) Proiect Supplement to
the Lakehaven Utility District Design Construction Interlocal Agreement
Councilmember Kochmar recused herself from this item.
MOTION: Councilmember Duclos moved approval, Deputy Mayor Faison second.
VOTE: Motion carried 6-0. Councilmember Kochmar recused.
5.1. RESOLUTION: Small BusinessJncubator Fundinq
Councilmember Duclos recused herself from this item.
MOTION: Deputy Mayor Faison moved approval, Councilmember Kochmar second.
VOTE: Motion carried 6-0. Councilmember Duclos recused. Resolution 09-562
City Council Minutes November 3, 2009 Regular Meeting Page 2 of S
6. INTRODUCTION FIRST READING OF ORDINANCES
a. COUNCIL BILL #511: Personal Wireless Service Facility
An Ordinance of the City of Federal Way, Washington, relating to Personal Wireless
Service Facilities: amending FW RC 19.255.010, 19.255.020, 19.255.040, 19.255.050,
19.255.080, and 19.255.100; repealing FWRC 19.255.070, and 19.255.090; amending
FW RC 19.195.190, 19.200.190, 19.205.200, 19.210.050, 19.215.100, 19.220.120,
19.255.120, 19.230.140, 19.235.100, and 19.240.140; and repealing FWRC
19.245.010 (Amending Ordinance Nos. 97-300, 00-363, 01-399, 06-515; 07-559, AND
08-585).
Associate Planner David Lee stated the proposed amendments are part of the Planning
Commission 2009 Work Plan. He reviewed the amendments which are intended to reduce
redundant language, remove sub-prioritization of location preferences, remove submittal
requirements for electromagnetic field (EMF) implementation reports and remove the 10-year
expiration period. In addition, amendments to the City's zoning charts are also being proposed to
change the minimum review process from a Process III to a Process II.
City Clerk McNeilly read the ordinance title into the: record.
MOTION: Councilmember Kochmar moved to forward the ordinance to second reading and
approval at the November 17, 2009 Council meeting. Councilmember Duclos second.
VOTE: Motion carried 6-0. Mayor povey recused.
B. COUNCIL BILL #512: 2009 Housekeepin4 Budctet Adiustment
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BUDGETS AND FINANCE, REVISING THE ADOPTED 2009-10 BIENNIAL BUDGET
(AMENDING ORDINANCE NOS. 08-589, 09-612 AND 09-616)
Finance Director Tho Kraus stated the purpose of the proposed budget adjustment was to include
items approved by the Council during the year and adjust those expenditures that are funded with
matching revenues. Ms. Kraus reviewed the adjustments by department.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Park moved to forward the ordinance to second reading and
approval at the November 17, 2009 Council meeting. Councilmember Duclos second.
VOTE: Motion carried 7-0.
7. COUNCIL BUSINESS
a. Commission Appointments: Lodqinq Tax Advisorv Committee
Prior to this meeting, the Council conducted a Special Meeting to interview candidates
who were interested in serving on the Lodging Tax Advisory Committee. Members who
are appointed will be invited to the November 17, 2009 Council Meeting to receive a
Certificate of Appointment.
MOTION: Mayor povey moved the following appointments: Reappoint Mike Dunwiddie and
Carrie Wells to 2-year terms expiring 10/31/2011, appoint Rose Ehl to remainder of term
expiring 10/31/2010, appoint W. Allen King to 2-year term expiring 10/31/2011. Councilmember
Duclos second.
VOTE: Motion carried 7-0
City Council Minutes November 3, 2009 Regular Meeting Page 3 of S
b. Amendment to the former AMC Theatre Site Purchase and Sale Aqreement
Patrick Doherty reported that on September 10, 2009 the Council voted to approve the extension of
the purchase and sale agreement with United Properties to November 4, 2009. United Properties is
requesting to extend the agreement through the end of the year so they have additional time to
finalize their financing with Landor KORUS.
MOTION: Councilmember Duclos moved to approve and authorize the City Manager to
execute the extension to December 31, 2009, of the Purchase and Sale Agreement with
United Properties in order to provide sufficient time for Lander KORUS to secure the
necessary financing for purchase of the site and construction of the project; provided that,
Lander KORUS deposit with Escrow tomorrow payment in the amount necessary to pay
for the City's carrying costs. Councilmember Ferrell second.
VOTE: Motion carried 7-0.
8. COUNCIL REPORTS
Councilmember Duclos extended best of luck to all candidates who are participating in the
election.
Councilmember Kochmar reported the next Land Use Transportation Committee meeting was
November 17, and the Suburban Cities Association Public Issues Committee will rr�eetonNov�mber
4.
Councilmember Burbidge reported the next Parks Recreation Human Service Public Safety meeting
is November 10. A fundraiserfor the Reach-Out Homeless Shelter is scheduled for November 7, and
the Historical Society will be hosting a Veterans Day Event on November 14.
Mayor povey reported he and Councilmember Duclos would be visiting business incubators in
California. The City of Aubum is hosting a Veterans Day Celebration that includes a pancake feed
and parade.
Councilmembers Ferrell, Park and Deputy Mayor Faison had no report.
9. CITY MANAGER REPORT
ICM Wilson reported the City has extended their condolences and assistance in response to
Seattle Police O�cer Timothy Brenton death. He stated staff would present the mid-biennium
adjustment to Council on November 17.
10. EXECUTIVE SESSION
The Council did not adjourn into executive session.
canceled
Ciry Council Minutes November 3, 2009 Regular Meeting Page 4 of 5
11. ADJOURNMENT
With no further business before the Council, Mayor povey adjourned the meeting at 8:00 p.m.
Attest: a
Carol McNeilly, CMC City Cle
Approved by Council: November 17, 2009
City Council Minutes November 3, 2009 Regular Meeting Page 5 of 5