Council MIN 10-05-2010 RegularCITY OF
,� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
October 5, 2010 - 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Kochmar called the meeting to order at 7:02 p.m.
Councilmembers present: Mayor Linda Kochmar, Councilmembers Jim Ferrell, Mike Park,
Jeanne Burbidge, Jack Dovey and Roger Freeman.
Mayor Kochmar excused Deputy Mayor Duclos.
Staff present: City Manager/Police Chief Brian Wilson, Assistant City Attorney Peter
Beckwith and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Federal Way Municipal Court Judge Larson led the pledge of allegiance.
3. PRESENTATIONS
a. Kinct Countv Proposition No. 1
Mayor Kochmar stated the City Council did not intend to take a position on the ballot
proposition, but wanted a presentation for the public. She stated that representatives from
both the pro and com committees were invited to the Council meeting to speak on this
issue. However, representatives for the con committee were not able to attend the
meeting. She stated that after the presentations the public would have 3-minutes to
comment. City Clerk McNeilly read the ballot title into the record. Assistant City Attorney
Beckwith read the explanatory statement from the voters guide.
• Presentations:
Dwight Dively, Director, King County Office of Management and Budget, provided the
Council with a 2011 King County Proposed Budget Executive Summary. Mr. Dively stated
the proposition on the November ballot is a proposal to raise sales tax 0.2% with 60
percent going to the county and 40 percen# going to the city based on population. The
counties money is restricted for criminal justice services and would go towards building a
new juvenile jail.
Pro Committee:
City Council Minutes — October 5, 2010 Regular Meeting Page 1 of 7
Maurice Classen, King County Deputy Prosecutor, noted he is the campaign managerfor
proposition 1. Mr. Classen stated this proposition is necessary to maintain victim
advocate, Sheriff's and prosecutor service levels. Without passage of this proposition
these services will experience a severe decline. He stated this proposition is essential to
protect our way of life and quality of government.
Harry McCarthy, King County Superior Court Judge, reviewed some of the cuts that would
occur to the Superior Court without the revenue generated by the passage of proposition
1. Family court services will be cut and the Court Appointed Special Advocate (CASA)
program wilt be drastically reduced. Juvenile probation counselors would also be cut.
Mark Hillman, King County Superior Court Family Law Commissioner, discussed how the
budget cuts King County is facing would impact the Juvenile Court. Family Court Services
would be cut and essential reporting services regarding children's well being will be would
be lost. Mr. Hillman spoke about the issues that are occurring at the current juvenile jail
facility.
Con Commiftee:
A representative from the con committee was not present.
Mayor Kochmar called for public comment:
Judge David Larson spoke in support of proposition 1, and shared his support for family
court and a new juvenile jail facility.
Mayor Kochmar called for Council comment:
Councilmember Freeman encouraged the public to support proposition 1.
Councilmember povey asked clarifying questions of Mr. Classen.
Councilmember Ferrell thanked everyone for their presentations and spoke in support
of court staffing and public safety.
b. Proclamation: National DECA Week — October 11-15
Councilmember Burbidge read the proclamation into the record and presented it to
Stephanie Kirk from the Decatur High School DECA group.
c. Certificates of Appointment: Planninq Commission
Councilmember Ferrell presented Certificates of Appointments to Planning
Commissioners that were appointed by Council at their September 21, 2010 City Council
meeting.
d. Arts Alive Juried Art Show Winners
Arts Commission Chair Susan Honda and representatives from the Arts Commission
announced the winners of the Arts Alive Juried Art Show held at City Hall. The Jurors
Choice Award was presented to Maryanne Harlow. The Commissioners Award was
presented to Dennis Harrison. The Peoples Choice Award will be presented in December
2010.
e. Mavors Dav of Concern for the Hunqrv Wrap Up Report
Human Services Manager Lynnette Hynden stated the Mayors Day of Concern was
City Council Minutes — October 5, 2010 Regular Meeting Page 2 of 7
September 25, 2010. There were many participants this year including: Waste
Management, South King County Multi-Service Center, Wal-Mart, Albertsons, Safeway,
Top Foods and Fred Meyers. Ms. Hynden thanked the many volunteers that were part of
this event.
Laura Moser from Waste Management thanked the Council for sponsoring this event. She
reported Waste Management collected over 10,000 pounds of food during their curb
collection. Linda Purlee from the Multi-Service also thanked the Council forthis event and
stated the amount of food collected would fill 69 Costco sized shopping carts.
f. Citv Manaqer Emerqinq Issues / Introduction of New Emplovees
City Manager/ Police Chief Wilson stated there were no introductions of new employees.
He did report on the following items:
• LUTC Discussion on Sian Code:
Mr. Wilson stated at last nights LUTC meeting there was a discussion to amend the
sign code to allow portable signs on street side planter strips. Mr. Wilson outlined the
process required and the timeline to have this amendment before Council.
Sound Transit 2011 Proposed Budqet Presentation:
Parks/Public Works Director Cary Roe introduced Rachet Smith and Michael Williams
from Sound Transit. Mr. Williams stated Sound Transits overall revenue is down 3.9
billion dollars with the economic recession. Mr. Williams reviewed the revenue
forecast for the light rail project and noted the South King area was down significantly,
which will affect the development of the project. He reviewed the project proposal and
budget for the expansion of the South Corridor of the transit project. He also reviewed
the next steps for the Sound Transit Board on this project. Councilmember's asked
clarifying questions of Mr. Williams and expressed the need for light rail services in
Federal Way.
Animal Services Update:
Assistant Police Chief Andy Hwang reported on September 29 a police officer was
dispatched to a call and when he arrived, he found five pit bull dogs attacking a
teenage boy on the ground. When the dogs attempted to attack the police officer, he
shot five rounds, killing one dog and wounding two others. Mr. Hwang reported the
victim opened a gate and let the dogs out of a secure enclosure. The teenage boy is
expected to make a full recovery.
4. CITIZEN COMMENT
Nancv Combs reported she visited Dumas Bay Park. She stated the park is beautiful and
suggested there be a restroom facility for patrons to use other than the one in the Dumas Bay
Building. She also asked the Police to enforce traffic laws for tailgaters and drivers that
change multiple lanes at once.
Norma Blanchard reported at the September 21, 2010 Council Meeting she feels
Councilmembers were rude to one another, which is unprofessional. She thanked the
Councilmembers that voted against the Twin Development project.
Rov Parke stated that while working on his initiative he was only given 90 days to collect the
necessary number of signatures. He feels the Federal Way Code is too restrictive regarding
initiatives and encouraged the City Council to amend the Code.
City Council Minutes — October 5, 2010 Regular Meeting Page 3 of 7
Bettv Tavlor spoke regarding an organization that provides support for kinship caretakers. She
also thanked the Federal Way Korean American Association for providing free meeting space
to the organization.
Sam Pace reported he was here on behalf of the Association of Realtors; he thanked staff
and the Council for considering amendments to the sign code.
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. Individua! items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: September 21, 2010 Special and Regular Meeting APPROVED
b. Monthly Financial Report APPROVED
c. Vouchers APPROVED
���er��s,n���€xieq�n Pu/led for discussion
e. State Lobbyist Contract Extension APPROVED
. Conduct Pulled for discussion
g. ILA with WSDOT for Fiber Optic Installation APPROVED
h. 2010 Asphalt Overlay Project — Project Acceptance APPROVED
MOTION: Councilmember Ferrell moved approval of the Consent Agenda.
Councilmember Park second.
Councilmember povey pulled items 5d and 5f.
Vote: Motion to approve consent agenda as amended carried 6-0.
5.d. Federal Lobbvist Contract Extension
The Council discussed the pros and cons of extending the Federal Lobbyist Contract.
Communication and Government Affairs Manager Linda Farmer noted there was a correction
to the proposed motion on the agenda bill. The total compensation should be $140,000 (not
$145,000).
MOTION: Councilmember Park moved to table this item to the Nov. 2, 2010 City Council
meeting. Mayor Kochmar second.
VOTE: Motion failed 3-3; Councilmembers Ferrell, Dovey and Freeman dissenting.
MOTION: Councilmember povey moved to not extend the agreement. Councilmember
Ferrell second.
Vote: Motion failed 3-3; Mayor Kochmar, Councilmembers Park and Burbidge
dissenting.
5.f. CB 550 Criminal Code Update — Lewd Conduct
MOTION: Councilmember Burbidge moved approval of the proposed ordinance
modifying FWRC Chapter 6.45 to add a new section prohibiting lewd conduct.
Councilmember Ferrell second.
VOTE: Motion carried 5-1; Councilmember povey dissenting. Ordinance 10-670.
City Council Minutes — October 5, 2010 Regular Meeting Page 4 of 7
6. COUNCIL BUSINESS
a. Commission Appoi�tments: Arts Commission
MOTION: Councilmember Burbidge moved to appoint Martha Arneson as an •
alternate member to the Arts Commission. Councilmember Park second.
VOTE: Motion carried 6-0.
b. Committee Appointments: Lodqinq Tax Advisorv Committee
MOTION: Councilmember povey moved to re-appoint Joann Piquette and Rose Ehl
to the Lodging Tax Advisory Committee with terms expiring October 31, 2012, and
appoint Demetrius Diamond to fill the remainder of the unexpired term through
October 31, 2012. Councilmember Freeman second.
VOTE: Motion carried 6-0.
c. 2011/2012 Human Services General Fund Recommendations
Human Services Manager Lynnette Hynden stated this item was a follow up from the
September 21, 2010 City Council meeting were the Council approved the CDBG
Programs/Capital. She reviewed the criteria for evaluating the funding applications and
well as the agencies that applied for funding. The Commissions recommendation is to
fund a total of 40 programs offered by 28 agencies. Human Services Commission Chair
Bob Wrobleski thanked the Council for maintaining human services funding and stated the
Commission worked very hard to make a recommendation to the Council.
MOTION: Councilmember Burbidge moved approval of the Human Services
Commission 2011/2012 funding recommendations forthe Human Services General
Fund Grants effective January 1, 2011 through December 31, 2012 with total
compensation of $430,000, and authorize the City Manager to sign said agreements.
Councilmember Park second.
VOTE: Motion carried 5-0; Councilmember povey recused.
7. INTRODUCTION / FIRST READING OF ORDINANCES
a. CB 551 2010 Comprehensive Plan Amendments
An ordinance of the City of Federal Way, Washington, relating to amendments to the City's
comprehensive plan, comprehensive plan man, and zoning map.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Ferrell moved to forward the ordinance to second
reading and enactment on the October 19, 2010 Consent Agenda.
Councilmember povey second.
VOTE: Motion carried 6-0.
b. CB 552 Amendments to FWRC — Submittal Requirements for Plats and Commercial
Proiects
An ordinance of fhe City of Federal Way, Washington, relating to submittal requirements for plats and
commercial projects; amending FWRC 18.30.030. FWRC 18.35.050 and FWRC 19.15.040
City Clerk McNeilly read the ordinance title into the record.
City Council Minutes — October 5, 2010 Regular Meeting Page 5 of 7
MOTION: Councilmember Ferrell moved to forward the ordinance to second
reading and enactment on the October 19, 2010 Consent Agenda.
Councilmember Burbidge second.
VOTE: Motion carried 6-0
c. CB 553 Amendments to FWRC — Clarifyinq Complete Application and Review
Standards and Housekeepinq Amendments
An ordinance of the City of Federal Way, Washington, relating to clarifying fhe complete application and
review standards of the zoning and development code amending FWRC 19.15.045 and FWRC
19.15.030.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Ferrell moved to forward the ordinance to second
reading and enactment on the October 19, 2010 Consent Agenda.
Councilmember povey second.
VOTE: Motion carried 6-0
d. CB 554 Residential Off-Street Parkinq
An ordinance of the City of Federal Way, Washington, relating to residentia! off-street parking; amending
FWRC 19.05.140; amending FWRC 19.130 Article Vll; and repealing FWRC 19.130.230.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Ferrell moved to forward the ordinance to second
reading and enactment on the October 19, 2010 Consent Agenda.
Councilmember povey second.
VOTE: Motion carried 6-0.
e. CB 555 Speed Limit — Milton Road South between South 369 and 376
An ordinance of the City of Federal Way, Washington, relating to Speed Limits; amending FWRC
8.30.040.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Ferrell moved to forward the ordinance to second
reading and enactment on the October 19, 2010 Consent Agenda.
Councilmember povey second.
Councilmember Freeman stated he would like to see the speed limit on this portion of
road posted at 30 miles per hour. The Council discussed the speed limit and asked
clarifying questions of Senior Traffic Engineer Rick Perez.
Councilmember Ferrell called the question.
VOTE: Motion failed 3-3; Mayor Kochmar, Councilmembers Dovey and Freeman
dissenting.
MOTION: Councilmember Freeman moved to adopt a speed limit of 30mph (from
Enchanted Parkway to S. 376 maintain a 20mph advisory posted on the curves,
maintain a name change as outlined in the ordinance, and forward the ordinance to
second reading and enactment on the October 19, 2010 consent agenda.
Councilmember povey second.
Vote Motion carried 5-1; Councilmember Ferrell dissenting.
City Council Minutes — October 5, 2010 Regular Meeting Page 6 of 7
MOTION: Councilmember povey moved to waive the Council Rules and extend the
meeting by 30 minutes. Councilmember Burbidge second.
VOTE: Motion carried 6-0.
8. COUNCIL REPORTS
Councilmembers Dovey, Freeman and Ferrell had no report this evening.
Councilmember Burbidge reported the next PRHSPS meeting is Tuesday, October 12.
Councilmember Park reported the Taiwanese Independence Day is October 10.
Mayor Kochmar reported the Challenge Grants would be matched dollar for dollar on
donations made to the Multi-Service Center.
9. CITY MANAGER REPORT
City Manager Wilson reported:
• The City received the COPS Grant;
• Twin Development and United Properties have reached a funding agreement;
• A shooting event over the weekend and the suspects have been apprehended;
• He would be attending a Mayors exchange hosted by AW C that will focus on budget
strategies.
10. EXECUTIVE SESSION
The Council adjourned to executive session at 10:09 p.m. for approximately 5 minutes to
discuss:
• Property Acquisition pursuant to RCW 42.30.110(1)(b)
The Council adjourned from executive session at 10:23 p.m.
11. ADJOURNMENT
With no further business before the Council, Mayor Kochmar adjourned the regular
meeting of the Federal Way City Council at 10:24 p.m.
Attest:
.
Carol McNeilly, CM , City C erk
Approved by Council: October 19, 2010
Ciry Council Minutes — October 5, 2010 Regular Meeting Page 7 of 7