Council MIN 02-16-2010 RegularCITY OF
,',�,,,�.., Federat Way
MINUTES
FEDERAL WAY C1TY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
February 16, 2010 — 7:00 PM
www. cityoffederal wa y. com
1. CALL MEETING TO ORDER
Mayor Kochmar called the meeting to order at 7:03 pm.
Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos,
Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger
Freeman.
Staff present: City Manager/Police Chief Brian W ilson, City Attomey Pat Richardson
and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Arts Commission Chair Susan Honda led the pledge of allegiance.
3. PRESENTATIONS
a. State of the Citv Address
Mayor Kochmar reviewed highlights from 2009, which included economic
development projects, participation in the SCORE entity, and implementation of
automated license place readers. Safe City cameras were installed in the
downtown core and a new bicycle patrol unit was established in the Police
Department. Core staff members attended Federal Emergency Management
training in Maryland, the Federal Way Community Center opened the Splash
Caf� and acquired a generator to power the facility as a warming/cooling center
in the event of an emergency. Mayor Kochmar reported the City has a balanced
budget through 2014 and upcoming economic development projects (inc{uding
business and medical device incubators) to increase job opportunities in the
community. Programs for 2010 include funding for first time homebuyers and
energy savings retrofits for homes.
b. ARTS Commission — 2009 Accomplishments
Arts Commission Chair Susan Honda introduced members of the Commission
and reviewed their accomplishments for 2009, which include over nine art
shows, a joint meeting with South County arts commissioners and a writers
retreat.
City Council Minutes February 16, 2010 Regular Meeting PaSe 1 of 7
c. Bevond the One Niqht Count - Homelessness
Human Services Director Lynnette Hynden reported this program is a countywide
program that the city has participated in the past 5 years. The goal is to measure
the impact of homelessness in the community. This is done in finro parts; the first
is by counting the number of people in emergency shelters or transitional
housing programs and the second is a street count of people who are staying
outside without shelter. This year the city homeless count was 181, which is an
increase from the 2009 count of 116 and 2008 count of 92.
d. Outqoinq LTAC Member
Councilmember povey presented a plaque to Gerry Lamontagne for his years of
service on the Ladging Tax Advisory Committee.
e. Certificates of Aqpointment: Youth Commission
Councilmember Burbidge presented Certificates of Appointment to individuals
who were appointed to the Youth Commission on February 2, 2010.
f. Certificates of Appointment: Human Services Cornmission
Councilmember Burbidge presented Certificates of Appointment to individuals
who were appointed to the Human Services Commission on February 2,
2010.
g. City Manager Emerging Issues / Introduction of New Employees
• Code Enforcement Update
City Manager Wilson provided an update on the Micciche code
violation.
4. CITIZEN COMMENT
Lvn Ormsbv & Steve Gelb reported on a program with Sustainable Works that will
provide low-cost retrofit services to older homes in Federal Way.
Yolanda Garces spoke in support of the city forming an animal services unit
Marilvn Kelloaa spoke in support of the city forming an animal services unit.
Barbara Hartloff submitted a letter for the clerk to read in support of the city
forming an animal services unit
Pam Schairbaun commented on the need for foster homes for animals with
special needs.
Arie van der Hoeven and Yuki Ito encouraged the Council to gather more
information before making a decision to form an animal services unit.
Bemice Bellamv encouraged the Council to work with an open admission shelter.
Bob Kelloqq spoke in support of the City forming an animal services unit.
City Council Minutes February 16, 2010 Regular Meeting Page 2 of 7
Bettv Tavlor spoke regarding youth and gang crime prevention.
Carroll Fisher spoke in support of the City forming an animal services unit.
Rov Parke spoke regarding a criminal conspiracy by city staff.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Commi(tee 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: January 28, 2010 Special Meeting, February 2, 2010 Special and
Regular Meeting APPROVED
b. NPDES Requirements: SV1/MP and Annual Report APPROVED
c. 2009 Easter Lake Flood Control Project- Project Acceptance and Retainage
Release APPROVED
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e. S. 348"' Street at 1 St Ave. S. - PSE Gas Letter of Understanding APPPROVED
j. United Way of King County - New Solutions Impact Council Grant Award
APPROVED
k. ILCA for Creation of Valley Civil Disturbance Unit APPROVED
I. Janitorial Services for Dumas Bay Centre APPROVED
m. 2010 Parks Commission Work Plan APPROVED
n. Third Amendment for Parking Lot Vacuuming APPROVED
o. WM Dickson Retainage Release APPROVED
p. Third Amendment for Portable Toilet Services APPROVED
MOTION: Deputy Mayor Duclos moved approval of the Consent Agenda.
Councilmember povey second.
Councilmember Ferrell pulled items 5f, 5g and 5h.
Mayor Kochmar pulled items 5d and 5i.
VOTE: Consent agenda items 5a, 5b, 5c, 5e, 5j, 5k, 51, 5m, 5n, 50, and 5p
passed 7-0.
5.d. S. 348"' Street at 1 Ave. S. - LUD Desiqn Construction Interlocal Aareement
MOTION: Deputy Mayor Duclos moved approval of item 5d. Councilmember
Burbidge second. VOTE: Motion carried 6-0, Mayor Kochmar recused.
5f. CB #521 Council Powers Under Mavor-Council Form of Govemment -
Approved Ordinance 10-642
5.q CB #522 Mavor Authority Under Mavor-Council Form of Govemment -
Approved Ordinance 10-643
5.h CB #523 Chief Administrator O�cer Position -Approved Ordinance 10-644
City Council Minutes February 16, 2010 Regular Meeting Page 3 of 7
MOTION: Deputy Mayor Duclos moved to approve items 5f, 5g and 5h.
Councilmember povey second. VOTE: Motion carried 6-0, Councilmember
Ferrell recused.
5. i. RESOLUTION: Endorsement of Dispute Resolution Services in Federal Wav
Municipal Court Judge Larson stated the court negotiated an agreement with the
King County Dispute Resolution Center that will provide dispute resolution services
in the City of Federal Way in exchange for the use of Municipal Court Facilities.
Patty Dudley, Executive Director of the King County Dispute Resolution, stated the
agency is a nonprofit organization that has been operating for 23 years. They handle
as many as 1,200 to 1,500 mediations per year. They are excited to have a
location in South King County where they can provide their services to citizens.
MOTION: Councilmember Burbidge moved approval of the resolution to
endorse the Federal Way Municipal Court's agreement with the Dispute
Resolution Center ofKing County approval. Councilmember Freeman second.
VOTE: Motion carried 7-0. Resolution 10-575
6. COUNCIL BUSINESS
a. RESOLUTION: Amendinct Council Rules
City Attomey Richardson stated this item is a follow up from the CounciPs annual
retreat. The amendment adds the following language to section 9: °Council
recognizes the unique status of employees represented by labor unions, and will
refrain from meeting with those employees during negotiations in order to
prevent any misunderstandings or the perception of circumventing the
formalized, statutory negotiation process. Councit members may meet with.
represented employees at candidate endorsement interviews or other political
forums. However, at all times, Council will not discuss or address negotiation
topics with the represented employees. Staff will notify Council by April 1 g ' of the
year in which any collective bargaining agreement will expire. It is the
responsibility of the candidate to promptly notify the City Attomey of any interview
and/or contact by the union representatives."
MOTION: Councilmember povey moved to approve the draft resolution.
Councilmember Park second. VOTE: Motion carried 7-0.
b. Animal Services Establishinq Animal Control Unit
Assistant Police Chief Hwang stated the city contracts with King County Animal
Control for services. In response to their announcing to eliminate animal control
services, the City explored the option of establishing its own animal control unit.
Startup costs for 2010 would be approximately $300k. Projected ongoing annual
costs are approximately $338k.
The ongoing annual cost does not take into consideration licensing revenues
that would offset the operating expenditures. If a new animal services unit were
established, the citywould then contractwith the Humane Society, Tacoma and
Pierce County for animal sheltering services.
City Council Minutes February 16, 2010 Regular Meeting Page 4 of 7
King County has since offered to provide animal control services under a new
model. The cost to the city under the new model would be $484k annually.
MOTION: Councilmember Park moved approval of establishing a Federal
Way Animal Services Control Unit (Item 6b), to notify King County of intent
to terminate the interlocal agreement for Animal Services (item 6c), and
negotiate an agreement with the Humane Society, Tacoma and Pierce
County to provide animal sheltering (item 6d). Councilmember Ferrell
second. VOTE: Motion carried 6-1, Councilmember Freeman dissenting.
c. Animal Services: Terminate ILA with Kinq Countv
See item 6b.
d. Animal Services: Shelterinq Services with Humane Societv
See item 6b.
e. Fee increase for Picnic and Special Event Reservations
Parks and Facilities Manager Steve Ikerd reported the city has not increased
park fees in over 5 years. He reviewed the city's rental rates compared to
neighboring cities. The proposed rates for 2010 include varying rates for
residents and non-residents. The Council discussed the proposed rate increases
and consensus was not to increase rates for residents and have staff bring the
item back for consideration at another date.
MOTION: Councilmember povey moved to postpone the item to another
meeting. Councilmember Ferrell second. VOTE: Motion carried 7-0.
7. INTRODUCTION ! FIRST READING OF ORDINANCES
a. CB #524 Amendment to the FWRC to Expand the Size of the Health Clubs in.
the BN Zone
AN ORDINANCE of the City of Federal Way, Washington, relating to the
expansion of size of health clubs in the Neighborhood Business (BN) zone;
amending FW RC 19.215.020, "EntertainmenY'. (Amending Ordinance No.'s 06-
515, 03-450, 97-291. 96-270, 93-170, and 90-43)
City Clerk McNeilly read the ordinance title into the record.
MOTION: Deputy Mayor Duclos moved to forward the ordinance to
second reading and enactment at the March 2, 2010 City Council
meeting. Councilmember povey second. VOTE: Motion carried 7-0
b. CB #525 Relinquishment of a Portion of S 320 Street to the State of
Washinpton
AN ORDINANCE of the City of Federal Way, Washington, relatin� to the
relinquishment to the State of Washington a portion of South 320 Street
located between 32"d Avenue South and the South King Fire and Rescue
Station 641ocated at 3720 South 320� Street.
City Clerk McNeilly read the ordinance title into the record.
City Council Minutes February 16, 2010 Regular Meeting Page S of 7
MOTION: Deputy Mayor Duclos moved to forward the ordinance to
second reading and enactment at the March 2, 2010 City Council
meeting. Councilmember povey second. VOTE: Motion carried 7-0.
c. CB #526 Vallev Communications Refundinq Bonds
AN ORDINANCE of the City of Federal Way, Washington, pledging the City's
full faith and credit toward the payment of its share of debt service on retunding
bonds to be issued by the Valley Communications Center Development
Authority and approving certain matters related thereto.
Ciry Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Park moved to forward the ordinance to
second reading and enactment at the March 2, 2010 City Council
meeting. Councilmember Burbidge second. VOTE: Motion
carried 7-0.
d. CB #527 Criminal Code Update - Cvberstalkinq
AN ORDINANCE of the City of Federal Way, Washington, relating to
Cyberstalking; amending FWRC 6.35.010. (Amending Ord. Nos. 05-508, 94-
215, 91-89)
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Burbidge moved to forward the ordinance
to second reading and enactment at the March 2, 2010 City Council
meeting. Councilmember povey second. VOTE: Motion carried 7-0.
8. COUNCIL REPORTS
Councilmember Park reported the next FEDRAC Meeting is February 23, 2010.
Councilmember Burbidge reported on recent changes in transit services in Federal
Way and upcoming community events.
Mayor Kochmar reported she will be in Washington DC lobbying in March.
Deputy Mayor Duclos reported on the next LUTC meeting is February 22, 2010.
Councilmembers Ferrell, Dovey and Freeman had no report.
9. CITY MANAGER REPORT
City Manager Wilson stated the Federal Way 20 YearAnniversary celebration would
take place February 26-28 He will be testifying in Olympia regarding cell phone
legislation this week.
City Council Minutes Febraary 16, 2010 Regular Meeting Page 6 of 7
10. EXECUTIVE SESSION
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. . Cancelled
The Council did not adjoum to executive session.
11. ADJOURNMENT
Mayor Kochmar adjoumed the meeting at 9:40 pm.
ATTEST:
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Carol McNeilly, CM , City er
Approved by Council: March 2, 2010
City Council Minutes February 16, 2010 Regular Meeting Page 7 of 7