Council MIN 03-16-2010 Regular�
CITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Councii Chambers - City Hall
March 16, 2010 — 7:OOpm
www. cityoffederalway. com
1.
CALL MEETING TO ORDER
Mayor Kochmar cailed the regular meeting to order at the hour of 7:06 pm
Councilmembers Present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers
Jeanne Burbidge, Jack Dovey, Jim Ferrell, Roger Freeman, and Mike Park.
Staff Present: City Manager/Police Chief Brian Wilson, City Attomey Pat Richardson, and Deputy
City Clerk Stephanie Courtney.
DEPUTY MAYOR DUCLOS MOVED TO AMEND TONIGHTS AGENDA TO MOVE CONSENT
ITEM (M) TO THE PUBLIC HEARING SECTION 6(b); SECOND BY COUNCILMEMBER
FERRELL. Motion passed unanimously.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Scout Leader Josh.
3. PRESENTATIONS
a. Certificates of Appointment: Lodging Tax Advisory Committee
Councilmember Jack Dovey congratulated Aimee Tylor and Emma Bulalacao-Brooks who have
recently been appointed to the Lodging Tax Advisory Committee. Both were unable to attend
tonighYs meeting; their certificates will be mailed.
b. Municipal League Public Official of The Year
Mayor Kochmarwas pleased to announce CouncilmemberJeanne Burbidge has been selected
as the Municipat League's Public Official of the Year. She noted this prestigious award has been
presented annually since 1960 and recognizes people and organizations that make significant
contributions to civic life in our community.
c. Valley Cities 2010 Community Achievement Award for Collaboration
Mayor Kochmarwas also happy to announce City Manager/Police Chief Brian Wilson has been
awarded the 2010 Community Achievement Award for Collaboration from Valley Cities
Counseling and Consultation. Valley Cities is a community behavioral health center with
outpatient clinic in Aubum, Federal Way, Kent and Renton.
City Cauncil Regular Meeting Minutes — March 16, 2010 Page 1 of 7
d. City Manager Emerging Issues / Introduction of New Employees
• Traffic Safety on 312 Ave.
In response to citizen concerns City Manager/Police Chief Brian Wilson asked Assistant Chief
Andy Hwang to brief the Council regarding the traffic safety issues. Deputy Chief Hwang noted
this area is rated below average on collision rate. He stated there would be a new sign installed
in the area to give more warning of the merging traffic.
• Red Light Photo Infractions
The City Manager stated in response to questions he has received regarding the Red Light
Traffic Enforcement; he has asked Officer Ron Potts to give a report to Council. Officer Potts
showed various videos of tra�c infractions including school zone and red light offenses. He
further noted this video is also helpful in minor accidents to review the details of accidents and
they have been able to incorporate some of the video into traffic school training.
• Address Issue with Census
Human Services Manager Lynnette Hynden gave a brief report on the Census addressing issue.
She stated residents are receiving their census information with incorrect city's listed. Ms.
Hynden noted this is a US Postal System error, and the census information is actually tied to the
house and street address. She encouraged citizens to bring any questions to the local census
office or contact her office for further clarification. She reiterated if you live within the city limits,
your census information will be counted for Federal Way regardless of what city is listed on your
mailing IabeL
City Manager Brian Wilson also reported back to Council regarding recent comments by citizen
Betty Taylor. He noted Ms. Taylor had asked Council to enhance the crosswalk located behind
the Commons Mall on 324�' and Belmore Park. Mr. Wilson was pleased to announce staff has
recently installed a flashing beacon — however after it was installed it was damaged by a hit and
run driver. The new waming sign will be soon re-installed.
4. CITIZEN COMMENT
Scot Henderson and Phil Dalrvmple, spoke in support of the Federal Way National Little League.
They thanked Council for grant funds that went to repair and replace many of the facilities, and
has increased energy and excitement for the Federal Way National Little League. They invited
Council and citizens to stop by for a game.
Carroll Fischer (comments read into record by Deputy City Clerk) would like to increase the
usefulness by having a concession stand at Celebration Park. He would like to see it built by and
employed by the unemployed and local homeless.
H. David Kaplan, spoke is concern over the Census issue with addressing errors. He further
reminded of the deadline of March 31 S for Spring round of the Tourism Enhancement Grants
(TEG).
Nikolav Kvasnvuk, spoke in support of creating a Russian Liaison position at the city. He noted
the Ukrainian/Russian/Slavic population is the third largest in the city.
City Council Regular Meeting Minutes — March 16, 2010 Page 2 of 7
Serqey Lobodzinskiv, spoke in support of creating a Russian Liaison position at the city. He said
he has built a home and life in Federal Way and would love the opportunity to understand more
of what happens in Federal Way through a liaison.
Daniel Kienor, spoke in support of creating a Russian Liaison position at the city to allow the
Slavic Community to have a voice.
Lina Pastars, Federal Way business owner, spoke in support of creating a Slavic Liaison position
at the city.
Bettv Tavlor, spoke to Council asking them to create a Federal Way Community Empowerment
- Coalition.
Martin Moore, spoke in support of final passage of the Campaign Contributions which is on
tonight's Consent Agenda.
Nancy Combs disagreed with the analysis done on 312` she stated it is a dangerous merge and
someone will get hurt. She also spoke against the red light cameras and strongly urged the
Council to not waste her money on a trip to Korea.
Norma Blanchard commented on the current elected Mayor race; and noted she also believes
the area on 312 is dangerous and has seen many cars racing dangerously at the merge point.
She further requested citizen input on the large development projects in the downtown.
Rov Parke, stated he believes there was a criminal conspiracy and cover-up by the city staff.
City Manager Brian Wilson thanked the Slavic Community for attending tonight and noted the
option of a new iiaison position will be explored in the 2011-2012 budget cycle.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members
and broughf before iull Council for approval; all items are enacfed by one motion. Individual items may be
removed by a Councilmember for separate discussion and subsequent motion.
a. Minutes: March 2, 2010 Special and Regular Meeting -APPROVED
b. Regional Hazard Mitigation Plan Adoption APPROVED
c. Bid Award: Honda Police Motorcycles-APPROVED
d. ILA between the City of Auburn, and the City of Federal Way, for the Housing of
Inmates in the Auburn City Jail-APPROVED
e. ILA befinreen the City of Buckley, and the City of Federal Way, for the Housing of
Inmates in the Buckley City Jail-APPROVED
f. ILA befinreen the City of Enumclaw, and the City of Federal Way, for the Housing
of Inmates in the Enumclaw Corrections Facility-APPROVED
g. ILA between the City of Fife, and the City of Federal Way, for the Housing of
Inmates in the Fife Jail-APPROVED
h. CB #528 Carry Forward Budget Adjustments APPROVED ORD/NANCE #10-649
i. CB #529 Campaign Contributions pulled and approved separately
j. Bid Award - 2010 Asphalt Overlay Program APPROVED
k. RESOLUTION: Grant Funding for Transportation Improvement Projects —15 at S
320 Off Ramp-APPROVED
I. Local Agency Agreement with WSDOT for Design of 15 at S. 320�' Off Ramp-
APPROVED
. MOVED
City Council Regular Meeting Minutes — March 16, 2010 Page 3 of 7
MOTION BY DEPUTY MAYOR DUCLOS TO APPROVE CONSENT ITEMS A-L AS
PRESENTED; SECOND BY COUNCILMEMBER FERRELL.
Councilmember Ferrell pulled item (i) Council Bill #529/Campaign Contributions.
MAIN MOTION TO APPROVE CONSENT AGENDA ITEMS (a)-(h); (j)—(I) WERE
APPROVED UNANIMOUSLY.
Consent Aqenda Item (i)/Council Bill #529 Campaiqn Contributions-APPROVED
ORD/NANCE #90-650
Councilmember Ferrell thanked Martin Moore for his involvement with this legislation.
COUNCILMEMBER FERRELL MOVED APPROVAL OF ITEM (i) COUNCIL BILL
#529/CAMPAIGN CONTRIBUTIONS; SECOND BY DEPUTY MAYOR DUCOLS. The
motion passed unanimously.
6. PUBLIC HEARfNG
a. 2010 Comprehensive Plan Amendment Selection Process
Mayor Kochmar read into the record the procedures to be followed and opened the public
hearing at 8:23pm.
• Staff Presentation
Senior Planner Margaret Clark gave a brief PowerPoint presentation to Council regarding the
2010 Comprehensive Plan Amendments. She noted initially staff had received 10 requests ftom
citizens; however seven (7) of those have since been withdrawn, leaving three (3) requests. She
reviewed each of the three (3) remaining requests and stated the Planning Commission and
LUTC have recommended to move forward on all three requests.
• Citizen Comment
Eric Pennala, spoke on behalf of Abbey Road Group and asked Council to move forward with
Site Specific Request #3 - ST Fabrication.
Patricia Larson, spoke requesting Site Specific Request #1- Lloyd/Valiani move forward.
Written Statement from Roqer Hvppa, as the adjoining property owner, he supports the Site
Specific Request #1 — LloydNaliani.
• Council Discussion/Action
Councilmembers asked various clarifying questions of Ms. Clark regarding each property.
COUNCILMEMBER FERRELL MOVED APPROVAL OF THE STAFF AND LUTC
RECOMMENDATION AS PRESENTED; SECOND BY COUNCILMEMBER DOVEY. The
motion passed unanimously:
City Council Regular Meeting Minutes — March 16, 2010 Page 4 of 7
COUNCILMEMBER DOVEY MOVED TO CLOSE THE PUBLIC HEARING AT 8:44PM;
SECOND BY DEPUTY MAYOR DUCLOS. The motion passed unanimousfy.
b. 2010 Planning Commission Work Program (Added item - moved from 5(m)).
DEPUTY MAYOR DUCLOS MOVED APPROVAL OF THE 2010 PLANNING COMMISSION
WORK PROGRAM AS PRESENTED; SECOND BY COUNCILMEMBER DOVEY. The motion
passed unanimously.
7. COUNCIL BUSINESS
a. Potential Assignment of Purchase and Sale Agreement from United Properties to
Lander Korus
Economic Development Director Patrick Doherty gave a brief background on the former AMC
Theater site. He stated the current contract with United Properties is set to expire on March 31
and further noted the Council has the authority to assign the contract to the current interested
party Lander Korus. He then introduced Mr. Suh to speak on behalf of Lander Korus.
Mr. Suh requested an extension of approximately finro months at which time he stated Lander
Korus would be able to secure a 10% down payment on the project.
Councilmembers expressed concems over continually extending on this project and the
tremendous staff effort on the project to date. Council asked Mr. Suh to have documentation
showing good faith in closing this project if an extension is granted. Council concurred the current
contract expires on March 31, therefore in order to approve an extension; such documentation
would need to be presented prior to the expiration date of March 31.
Councilmember povey called the question.
COUNCILMEMBER PARK MOVED TO POSTPONE THIS ITEM AND TO HOLD A SPECIAL
CITY COUNCIL MEETING FOLLOWING THE FEDRAC MEETING ON MARCH 23 TO
DISCUSS THIS ITEM; SECOND BY COUNCILMEMBER DOVEY. The motion passed 6-1;
Councilmember Ferrell dissenting.
b. Committee Appointments: Northlake Management District
MAYOR KOCHMAR MOVED APPROVAL OF THE APPOINTMENTS TO THE NORTHLAKE
MANAGEMENT DISTRICT; SECOND BY DEPUTY MAYOR DUCLOS. The motion passed
unanimously.
8. INTRODUCTION / FIRST READING OF ORDINANCES
a. CB#530 Proposed Text Amendment to FWRC Accessorv Dwellina Unit (ADU)
Size Calculation, Minimum Lot Size and Housekeepinq Amendments
AN ORDINANCE of the City of Federal Way, Washington, relating to Accessory Dwelling
Units (ADU) amending FWRC 19.195.180 and 19.200.180. (Amending Ordinance Nos.
07-545, 02-424, 01-381, 97-291, and 95-245.)
Ordinance Title read into the record by Deputy City Clerk Stephanie Courtney.
DEPUTY MAYOR DUCLOS MOVED COUNCIL BILL #530 TO SECOND
READING/ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING; SECOND BY
City Council Regular Meeting Minutes — March 16, 2010 Page 5 of 7
COUNCILMEMBER BURBIDGE. The motion passed unanimously.
b. CB#531 Proposed Text Amendment to FW RC Appraisai Requirements
AN ORDINANCE of the City of Federal Way, Washington, relating to appraisals;
amending FWRC 16.15.010, 16.15.010(2)(g), 18.55.060(2), 19.30.080(1)(b),
19.30.090(1)(f), 19.30.100(9)(c}(ii), 19.30.120(1)(g), 19.30.120(2)(c), 19.30.130(2),
19.30.130(3), 19.30.160(2)(b), 19.30.200(1), and 19.135.030(1)(a). (Amending
Ordinance Nos. 09-595, 07-554, 06-515, 05-486, 04-468, 02-420, 02-419, 02-417, 02-
414, 01-398, 00-363, 99-357, 99-352, 98-330, 98-309, 97-307, 97-291, 95-235, 92-144,
92-135, 91-113, 90-43, and 90-41)
Ordinance Title read into the record by Deputy City Clerk Stephanie Courtney.
DEPUTY MAYOR DUCLOS MOVED COUNCIL BILL #531 TO SECOND
READING/ENACTMENT AT THE NEXT REGULAR CIT'1( COUNCIL MEETING; SECOND BY
COUNCILMEMBER FREEMAN. The motion passed unanimously.
c. CB#532 Proposed Text Amendment to FWRC Short Subdivision Notice
Requirements
AN ORDINANCE of the City of Federal Way, Washington, relating to short
subdivision notice requirements; amending FWRC 18.30.080. (Amending Ordinance
No. 07-554.)
Ordinance Title read into the record by Deputy City Clerk Stephanie Courtney.
DEPUTY MAYOR DUCLOS MOVED COUNCIL BILL #532 TO SECOND
READING/ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING; SECOND BY
COUNCILMEMBER DOVEY. The motion passed unanimously.
9. COUNCIL REPORTS
Councilmember Ferrell had no report this evening.
Councilmember Park reported the Korean Community Quarterly Meeting will be held on March
18"' in Council Chambers at 6:30 pm. The next meeting of the Finance, Economic Development,
and Regional Affairs Committee will be held March 23� at 5:30 pm.
Councilmember Freeman encouraged citizens to support the Little Leagues.
Councilmember povey reported the SCORE facility has hired the Executive Director. He further
noted the project is currently 60 days ahead of schedule, and neighboring cities are inquiring
regarding becoming a part of the project.
Councilmember Burbidge reported the next meeting of the Parks, Recreations, Human Services
and Public Safety Committee will be April 14 at 5:30 pm in the Hylebos Room. She further
reported on her attendance at various regional meetings and highlighted upcoming community
events.
Mayor Kochmar reported on her recent visit to Washington DC where monies were requested for
multiple projects such as transportation improvements. She further reported on hertrip to Arizona
where she visited the Mayor's Institute of Design to discuss downtown development.
Deputy Mayor Duclos reported on various regional meetings she attended including the Regional
Policy Committee and Pete Von Reichbauer's Good Egg forum.
City Council Regular Meeting Minutes — March 16, 2010 Page 6 of 7
10. CITY MANAGER REPORT
City Manager/Police Chief Brian W ilson reported on his attendance at various regional meetings.
He noted Management Team is currently beginning to look at the 2011-2012 budget. He
reiterated comments in regards to citizen comment that any complaints or investigations brought
to the Washington State Patrol would be forwarded to the State Attorney General's O�ce for
review—he stated that has already happened with no charges orfindings from the State Attomey
General's Office.
Chief Wilson stated there will be an Executive Session to discuss Property Acquisition and
Potential Litigation; approximate time is 30 minutes with no action anticipated.
MOTION BY COUNCILMEMBER DOVEY TO SUSPEND COUNCIL RULES TO ALLOW THE
MEETING TO CONTINUE PAST THE HOUR OF 10:00 PM; SECOND BY DEPUTY MAYOR
DUCLOS. The motion passed unanimously.
11. EXECUTNE SESSION
Property Acquisition Pursuant to RCW 42.30.110(1)(c)
Potential Litigation Pursuant to RCW 42.30.110(1)(i)
At 9:52 Mayor Kochmar adjoumed to Executive Session for appcoximately 30 minutes.
12. ADJOURNMENT
Council retumed to Chambers at 10:33 pm
There being nothing further to come before the Federal Way City Council, Mayor Kochmar
adjoumed the meeting at 10:35 pm
Attest
eph ie Courtney, De uty i Clerk
Approved by Council April 6, 2010
City Council Regular Meeting Minutes — March 16, 201 D Page 7 of 7