Council MIN 07-20-2010 RegularGITY OF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
July 20, 2010 - 7:00 PM
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Kochmar called the meeting to order at 7:02 pm
Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers
Jim Ferrell, Mike Park, Jeanne Burbidge and Jack Dovey.
Mayor Kochmar excused Councilmember Freeman.
Staff present: Acting City Manager Bryant Enge, City Attorney Pat Richardson and City Clerk
Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Federal Way Elementary school student Sue, led the pledge of allegiance.
MOTION: Deputy Mayor Duclos moved to amend the agenda to add Item 6(g) to
tonight's agenda regarding Appeals of Unfit Structures. Councilmember povey second.
VOTE: Motion carried 6-0.
3. PRESENTATIONS
a. PROCLAMATION: 100 Years of Camp Fire
Councilmember Burbidge read the proclamation into the record and presented it to Camp Fire
USA CEO Jane White Vulliet.
b. Cascade Reqional Blood Services
Representatives from Cascade Regional Blood Services presented the City and the Community
Center with plaques for the Blood Drive of the Month for May 2010.
c. Police Certificates of Merit
Acting Police Chief Andy Hwang presented Police Certificates of Merit to the following
individuals:
• Sara Troupe and Shirley Meunch, Federal way Police Department Transcriptionists
for their hard work and dedication.
City Council Minutes — July 20, 2010 Regular Meeting Page I of 6
d. Police Chiefs Citizen Commendation
Acting Police Chief Andy Hwang presented Police Chiefs Citizen Commendations to the following
individuals:
• James Morris for his efforts in assisting the police in the apprehension of a man with a
gun.
• Losili Lui for her efforts in helping the police apprehend and detain a robbery suspect.
e. Puqet Sound Reqional Council
Bob Drewel, Executive Director of Puget Sound Regional Council, provided a summary of
Transportation 2040 Plan and the Metropolitan Business Plan.
f. Certificates of Appointment: Diversitv Commission
Councilmember Burbidge presented Certificates of Appointment to individuals appointed to the
Diversity Commission on July 6, 2010.
g. Certificates of Appointment: Ethics Board
Councilmember Burbidge presented Certificates of Appointment to individuals appointed to the
Ethics Board on July 6, 2010.
h. Citv Manaqer Emerqinq Issues / Introduction of New Emplovees
Acting City Manager Enge stated there were no emerging issues. He welcomed and introduced
Deke Jones, Federal Ways new Resource Conservation Manager.
4. CITIZEN COMMENT
Norma Blanchard spoke against the proposed Twin Development project. She also noted that at
the July 6, 2010 meeting, during Public Comment, a woman shared political comments, which
should have been interrupted.
5. CONSENT AGENDA
Items lisfed 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 subsequent mofion.
a. Minutes — July 6, 2010 Special and Regular Meeting and July 7, 2010 Special Meeting -
APPROVED
b. Northwest Playgrounds Retainage Release APPROVED
c. SiteLines Retainage Release APPROVED
d. Renewal & Extension of Red-Light Photo Enforcement Professional Services Agreement
APPROVED
e. CB543 Amendments to Title 13 FWRC; Adoption of 2009 Construction Codes APPROVED
f. West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements Project
— Bid Award APPROVED Ordinance 10-665
g. Department of Ecology Retrofit and LID Competitive Grant APPROVED
h. Department of Ecology Stormwater Grant — 2012 Grant Funding Offer APPROVED
City Council Minutes — July 20, 2010 Regular Meeting Page 2 of 6
MOTION: Deputy Mayor Duclos moved approval of the Consent Agenda items as
presented. Councilmember povey second.
VOTE: Motion carried 6-0.
6. COUNCIL BUSINESS
a. RESOLUTION: Proposed Amendments to the Council Rules of Procedure Refiectinq the
Change to Mavor-Council form or Government
City Attorney Richardson stated this topic was discussed by the Council during a Special Meeting.
If approved, the changes will take affect once the Mayoral election has been certified.
MOTION: Councilmember povey moved to approve the modifications to the City
Council Rules of Procedure to reflect the change in government and to become
effective upon certification of the mayoral election. Deputy Mayor Duclos second.
VOTE: 6-0. Resolution 10-589.
b. RESOLUTION: Proposed Amendments to Federal Wav Code of Ethics
City Attorney Richardson stated the Cities Code of Ethics was being amended to reflect the
change from a Council Manger form of government to a Mayor/Council form of government.
MOTION: Councilmember povey moved approval of the proposed resolution amending
the Federal Way Code of Ethics to reflect the Mayor-Council form of government.
Councilmember Park second.
VOTE: Motion carried 6-0. Resolution 10-590.
c. RESOLUTION: Grant Acceptance: Kinq County Communities Puttinq Prevention to Work
CPPW
Senior Planner Janet Shull stated the City submitted a grant application on June 3, 2010 to Public
Health-Seattle King County (PHSKC) to prepare a Citywide Bicycle and Pedestrian Masterand a
Model Subarea Plan for the neighborhood located in the vicinity of 21S Avenue SW and SW
Campus Drive. On July 8, 2010 the City was notified of selection for a grant award subject to
negotiations and agreement to a final scope of work and budget with PHSKC. City staff met with
PHSKC on July 15, 2010 to discuss the final scope and grant award or $180,000. In addition to
the grant, the award includes consultant assistance to the City through PHSKC.
MOTION: Councilmember Burbidge moved to approve the resolution to acknowledge
acceptance of the CPPW Grant and authorize the City Manager to develop a mutually
acceptable scope of work and enter into an agreement with PHSKC to participate in the
CPPW Program. Councilmember Park second.
VOTE: Motion carried 6-0. Resolution 10-591.
d. Proposed Extension Aqreement with the Federal Wav Police Lieutenant Association
City Attorney Richardson stated the current agreement with the Police Lieutenants Association will
expire December 31, 2010. The proposed extension agreement is for a finro year period and does
not include any wage increases.
City Council Minutes — July 20, 2010 Regular Meeting Page 3 of 6
MOTION: Councilmember Burbidge moved approval of the Extension Agreement with
the Police Lieutenants Association and to authorize the City Manager to execute said
agreement. Councilmember Park second.
VOTE: Motion carried 6-0.
e. CB544 Proposed Amendment to FW RC — Appeals of Hearinq Examiner Decisions
An ordinance of the City of Federal Way, Washington, relating to Appeals of the Hearing Examiner
Decision; amending FWRC 4.30.110; 12.05.210; 14.10.060; 19.70.010; 19.70.150; and repealing
FWRC 12.05.230; 19.70.170; 19.70.180; 19.70.200; 19.70.210; 19.70.220; 19.70.230; and
19.70.250
City Attorney Richardson stated this item went before the Land Use/Transportation Committee
and forwarded to Council without a recommendation. City Clerk McNeilly read the ordinance title
into the record. Ms. Richardson stated currently, appeals of a Hearing Examiners decision will go
before the City Council. Staff is proposing modifications to the current process to have appeals of
Hearing Examiners Decision and other appeals to Superior Court.
MOTION: Councilmember povey moved to not adopt this ordinance. Councilmember
Ferrell second.
After further discussion, Deputy Mayor Duclos called the question.
Motion carried 4-2, Deputy Mayor Duclos and Councilmember Burbidge dissenting.
f. World Championship of Sand Sculpture
Acting City Manager Enge introduced representatives from the Board of Directors of the World
Championship of Sand Sculpture. Rudi Alcott reviewed the marketing that has gone into the event
as well as the estimated attendance from past events. The Board has been working to raise funds
for the event, but is facing a projected $58,000 shortfall. The Board is asking the Ciry for $58,000
seed money to ensure that the event will occur this coming September. The Council asked
clarifying questions of the board members.
MOTION: Councilmember Ferrell moved approval of Option 1— to support the World
Championship of Sand Sculpture event with $58,000. Deputy Mayor Duclos second.
VOTE: Motion carried 3-2. Councilmember's Park and Burbidge dissenting; Mayor
Kochmar abstained.
g. Appeals of Unfit Structures (added item)
The Council discussed this item at the July 20, 2010 Special Meeting. Staff recommends
changing the process regarding appeals from the Hearing Examiner. Currently they go from the
Hearing Examiner to the City Manager. Staff recommends having them go from the Hearing
Examiner to the Superior Court.
MOTION: Councilmember povey moved to replace designation of City Manager to the
Mayor.
VOTE: Motion carried 5-1, Councilmember Burbidge dissenting.
City Council Minutes — July 20, 2010 Regular Meeting Page 4 of 6
7. INTRODUCTION / FIRST READING OF ORDINANCES
a. CB545 Establishinq Departments and Appointive Positions
An ordinance of the City Of Federal Way, Washington, establishing Departments and Appointive
Positions subject to Council Confirmation; amending FWRC Title 2; and adding new sections to Title 2
City Clerk McNeilly read the ordinance title into the record.
MOTION: Deputy Mayor Duclos moved to forward the ordinance to the August 3, 2010
City Council meeting for second reading and enactment. Councilmember Burbidge
second.
VOTE: Motion carried 6-0.
b. CB546 Clarifv the Time Frame for Council Action in Confirminq Appointive Positions
An ordinance of the City Of Federal Way, Washington, relating to the Confirmation Process of Mayoral
Appointmenfs for ldentified Appointive Positions; amending FWRC 2.10.13.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember povey moved to forward the ordinance to the August 3, 2010
City Council meeting for second reading and enactment. Deputy Mayor Duclos second.
VOTE: Motion carried 6-0.
8. COUNCIL REPORTS
Councilmember povey reported the SCORE Facility hired the Police Chief from Auburn to work at
the facility.
Councilmember Burbidge reported on recent meetings she has attended.
Councilmember Park reported the next FEDRAC meeting would be July 27, 2010
Councilmember Ferrell had no report.
Deputy Mayor Duclos reported on a presentation on Farmers Markets that she attended.
Mayor Kochmar reported she spoke at a recent graduation ceremony. She met with Tom Pierson
of the FW Chamber of Commerce regarding the business incubator.
9. CITY MANAGER REPORT
Acting City Manager Enge stated based on public comments at the July 6, 2010 Council meeting
regarding Villa Capris Apartment, the police have been working with the property management
company to address the issues.
10. EXECUTIVE SESSION
The Council did not adjourn to executive session.
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Ciry Council Minutes — July 20, 2010 Regular Meeting Page S of 6
11.ADJOURNMENT
With no further business before the Council, Mayor Kochmar adjourned the regular meeting at
9:37 pm
ATTEST:
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Carol McNeilly, CMC, Ci Cterk
Approved by Council: August 3, 2010
City Council Minutes — July 20, 2010 Regular Meeting Page 6 of 6