Council MIN 11-16-2010 RegularCITY OF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
November 16, 2010
7:00 p.m.
www. cityoffederalway. com
CALL MEETING TO ORDER
Mayor Kochmar called the meeting to order at 7:02 p.m.
Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers
Jim Ferrell, Mike Park, Jeanne Burbidge, Jack Dovey and Roger Freeman.
City staff present: City Manager/Police Chief Brian Wilson, City Attorney Pat Richardson
and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Ms. Moser from Waste Management led the pledge of allegiance.
3. PRESENTATIONS
a. Puqet Sound Reqional Council — Reqional Economic Plan
Director of Economic Development Chris Endresen, reviewed their 2005-2010 Regional
Economic Strategy. She reviewed the data thatwill be analyzed when developing the next
five-years goal and added that Puget Sound Regional Council would like to receive input
from regional agencies.
b. Certificate of Appointment: Lodqina Tax Advisorv Committee
Council consensus was to postpone this item to the next regular meeting, December 7,
2010.
c. Arts Commission: New Public Art Brochure
Arts Commission Chair Susan Honda stated the Commission created a new brochure that
highlights the art in the community. She provided copies of the brochure to the Council.
d. City Manaaer Emerqinq Issues / Introduction of New Emplovees
City Manager/Police Chief Wilson stated there were no new employee introductions.
He stated he had updates on the following items:
City Council Minutes — November 16, 2010 Regular Meeting Page 1 of 7
• Twin Development Prolect:
Patrick Doherty shared drawings for the proposed three-tower development. The
Luke Wong of Twin Development reported they have continued to move forward
with their designs and are completing paperwork to have a pre-application
conference with the City.
• Update on Sea-Tac Airport Part 150 Noise Studv:
Manager of Airport Noise Programs at SeaTac Stan Shepard reported they are
currently conducting a noise study that focuses on solutions for aircraft noise
reduction. He reviewed the 2009 and 2016 noise contours and the land uses
within those boundaries as well as the next steps in the study, which includes
options such as a"fly-quiet program." Councilmembers asked clarifying questions
of Mr. Shepard.
e. Reception to Recoqnize Outqoinq Mavor
City Manager/Police Chief Wilsori thanked Mayor Kochmar for her service as Mayor the
past year. Mayor Kochmar extended her thanks to the Council, citizens and staff. The
Council recessed for a brief reception to honor outgoing Mayor Linda Kochmar from 7:40
p.m. to 7:55 p.m.
Upon convening the meeting, Deputy Mayor Duclos thanked City Manager/Police Chief
Brian Wilson for his efforts and hard work over the past year.
4. CITIZEN COMMENT
Nancv Combs spoke against development of a Performing Arts Center. She feels the City
should support the Knutzen Theatre as well as Dumas Bay Center.
Joan Tabrum spoke in support of the development of a performing arts/civic center.
Clara McArthur spoke in support of the Channel 21 TV Station. She also spoke about a
current RFP for the City's Official Newspaper; she encouraged the City to use the local paper,
the Federal Way Mirror.
Shervl Nevers spoke against the development of a performing arts center/civic center.
Norma Blanchard stated we did not need a performing arts center at this time.
Jerrv Galland questioned the legality of the City's actions regarding properly proceeding with
the purchase of property to develop a perForming arts center.
Bob Dockstader submitted a letter for the Clerk to read into the record that supported the City
purchasing property and building a Performing Arts/Civic Center.
Brett Thomas submitted a letter for the Clerk to read into the record that supported the City
using State Grant Funding to purchase property in the downtown area and developing a
Civic/Performance Center.
Lori DeVore submitted a letter for the Clerk to read into the record that supported the City
purchasing property in the downtown area and building a Civic/Center Performance Hall.
Steve and Kav Pedersen submitted a letter supporting the development of a performing
City Council Minutes — November 16, 2010 Regular Meeting Page 2 of 7
arts/civic center for the City Clerk to read into the record.
Ed Plumblev spoke in support of the performing arts center and thanked Councilmember Park
for attending the Veterans Day event last week.
Joann Piquette spoke in support of the development of a performing arts/civic center.
Tim Burns spoke regarding the issuance of an RFP for the City's official newspaper. He
encouraged the City to use the local newspaper, the Federal Way Mirror. He also noted the
City's police cars are not purchased locally and they are assembled in Canada.
Linda Purlee thanked Mayor Kochmar for her efforts as Mayor.
Martin Moore thanked Mayor Kochmar for her dedication and service to the City. Mr. Moore
thanked Brian Wilson for his efforts as City Manager, wished Mayor elect Skip Priest good
luck.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Counci! for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
11A'n��4oc� Al��i h 7 �n�n cno,.�.,i �n� �oiv��l�r I�Aoo4inn
a—,.�.��-.vr21�v2f ,
b. Council Bill 556: 2010 Year-End Housekeeping Budget Adjustment Approved
Ordinance 10-676
c. Federal Way Public School Capital Facilities Plan Approved
d. Department of Ecology — Freshwater Algae Control Program Grant Approved
e. S 320 Street at I-5 SB Off Ramp — 85% Design Status Report Approved
f. Silver Lake Elementary School Zone Flasher Grant Application Approved
g. Community Center Pool Chemical Vendor Contract Approved
h. Playground Replacement — Dashpoint Highlands Park & Lake Grove Park Approved
i. Resolution: Park Donation and Memorial Program Approved Resolution 10-598
j. Services Agreement for the Commons at Federal Way Police Services Approved
k. Accept COPS GRANT that was submitted for application June 16, 2010, in order to
fund four (4) police o�cer positions for a period of three years Approved
2010FY Ballistic Vest Partnership Grant Approved
m. Amendment to the Interlocal Agreement between Enumclaw and Federal Way for the
Housing of Inmates in the Enumclaw Jail Approved
n. Secure Our Schools (SO'S) Grant Program Award Approved
MOTION: Deputy Mayor Duclos moved approval of items 5a through 5n.
Councilmember povey second.
Councilmember Freeman pulled item 5a
VOTE: Motion to approve items 5b through 5n carried 7-0.
5a Minutes: November 2, 2010 Special and Reqular Meetinq
Councilmember Freeman stated the date in his report was not a Martin Luther King Planning
meeting; it was the actual date of the Martin Luther King celebration event.
MOTION: Councilmember Freeman moved to approve the minutes as amended.
City Council Minutes — November 16, 2010 Regular Meeting Page 3 of 7
Deputy Mayor Duclos second. VOTE: Motion carried 7-0.
6. PUBLIC HEARING
a. 2011-2012 Biennial BudgetlProperty Tax Levy
Mayor Kochmar reconvened the public hearing on the 2011-2012 Biennial
BudgeUProperty Tax Levy. The public hearing was opened on November 2, 2010.
Staff Presentation
Finance Director Tho Kraus provided an overview of the 2011-2012 Budget including a
brief overview of:
• Total Sources, Total Uses and Ending Fund Balance for All Funds;
• General & Street Fund Revenues, Expenditures, Ending Fund Balances,
Highlights of Changes and Long-term Projections;
• Utility Tax Revenue Projections, Allocation of Resources and Proposition 1
Voter-Approved Utility Tax;
• Real Estate Excise Tax Projections and Allocation of Resources;
• Capital Budget ;
• Preliminary 2011 Property Tax Levy and Rate; and
• Sales Tax Distribution and Per Capita General Fund Tax Revenue.
The overatl sources budget for all funds is $145,385,000 in 2011 and $121,096,000 in
2012. The total uses budget for all funds $104,938,000 in 2011 and $87,763,000 in 2012.
General & Street Fund key revenue projections include: 1% growth for sales tax; 0.50%
growth for property tax; gambling tax projections excludes card room tax and projected
increases as a result of decreased tax rates; utility tax transfers based on Council's
designation; and excludes contingent revenues. The preliminary 2011 propertytax levy is
$1.195 per $1000 assessed valuation.
Public Comment: Mayor Kochmar called for public comment.
Sheryl Nevers stated public safety (police services) was more important than a performing
arts/civic center.
Clara McArthur asked about the cost for the Pacific Highway Phase 4. She also asked
about laying-off employees with pay.
Council Discussion/Action: The Council discussed the budget presentation and the public
comments. Councilmember Park spoke to the importance of economic development and
planning for the future financially. Councilmember Ferrell stated this was a very tough
budget year and he feels the City Manager did a good job with his recommendations.
Councilmember povey encouraged the Council to adopt the budget as presented and
make budget amendments later in the year if needed. Deputy Mayor Duclos stated the
City has addressed some structural issues, but not all of them. This is a very conservative
budget in regards to revenues.
MOTION: Councilmember povey moved to close the public hearing for the
preliminary 2011-2012 biennial budget. Deputy Mayor Duclos second.
VOTE: Motion carried 7-0.
Ciry Council Minutes — November 16, 2010 Regular Meeting Page 4 of 7
7. COUNCIL BUSINESS
a. Office of Public Defense Grant Acceptance
City Attorney Richardson stated the City was awarded a grant for $14,497. from the
Washington State Office of Public Defense (OPD). If accepted by Council, this grant will
help improve the quality of public defense services in 2011.
MOTION: Councilmember Park moved to accept the $14,497. grant from the
Washington State Office of Public Defense. Councilmember Freeman second.
VOTE: Motion carried 7-0.
b. Deputv Mavor Desiqnation
City Attorney Richardson stated with the change to Mayor-Council form of govemment the
City Council amended their Rules of Procedure earlierthis year. Ms. Richardson reviewed
the changes relating to the Election of Deputy Mayor, City Council Meeting Agenda
Preparation, Advisory Boards/Commissions and City Council Committees. She stated staff
is seeking direction on the determination of the Deputy Mayor position.
MOTION: Councilmember Burbidge moved approval of option 1, to maintain the
current Deputy Mayor and hold an election at the beginning of 2012.
Councilmember povey second.
VOTE: Motion carried 7-0.
c. Propertv Purchase and Sale Agreement (pendinq continqencies) Civic Center/ PACC
Economic Development Director Patrick Doherty stated the development of a gathering
place in the City's downtown are has been a part of the City's vision since 1995. He
reviewed the steps the City has taken to enhance the downtown core. City Attorney
Richardson stated the City has entered into a purchase and sale agreement for a piece of
property located in the downtown core. The purchase price is $5,375,000. The sale is
contingent on receiving $5,000,000 from WA State in grant funding that was awarded in
June 2008. The balance ($375,000.) would come from the City's redevelopment fund.
Ms. Richardson reviewed the contingencies that must be met by December 17 The
seller needs to extinguish an existing easement agreement; the City needs to get the
property surveyed; the Council will authorize the purchase and authorize the Mayorto sign
the closing documents on or before December 21, 2010, and closing must occur no later
than December 30, 2010. She stated that staff would return on December 7 with a
contract from the State regarding the grant funding and infrastructure requirements.
MOTION: Deputy Mayor Duclos moved to suspend the rules to continue the
meeting past 10:00 p.m. Councilmember Burbidge second.
VOTE: Motion carried 7-0.
The Council asked clarifying questions of City Attorney Richardson and discussed the
proposed purchase and sale agreement as well as the IRS 1033 form that is being
proposed in the sale of the property.
8. INTRODUCTION / FIRST READING OF ORDINANCES
a. Council Bill 557: 2011-2012 Biennial Budqet
City Council Minutes — November 16, 2010 Regular Meeting Page 5 of 7
An ordinance of the City Of Federal Way, Washington relating to budgets and finance, adopting the
2011/12 Biennial Budget.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember povey moved to forward the ordinance to the Deoerr�ber
7, 2010 City Council meeting for second reading and enactment. Councilmember
Ferrell second.
Councilmember Freeman offered a friendly amendment to add the term "possible" to the
motion. Maker of the motion accepted the friendly amendment.
Amended motion: Councilmember povey moved to forward the ordinance to the
December 7, 2010 City Council meeting for second reading and possible enactment.
Councilmember ferrell second.
VOTE: motion carried 7-0.
b. Council Bill 558: Proposed Amendment to BC Zone, Desian Guidelines & Landscapinq
An ordinance of the City Of Federal Way, Washingfon, relating to Community Business (BC) Zone and
Development Regu/afions; amending FWRC 19.220.050, FWRC 19.220.080, FWRC 19.115.090(n); and
adding new sections to FWRC 19.125.040
City Clerk McNeilly read the ordinance title into the record.
MOTION: Deputy Mayor Duclos moved to forward the ordinance to the December 7,
2010 City Council meeting for second reading and enactment. Councilmember Park
second. Councilmember povey recused himself.
VOTE: Motion carried 6-0. Councilmember povey recused.
9. COUNCIL REPORTS
Councilmembers Freeman and Dovey had no report.
Councilmember Burbidge reported the next PRHSPS meeting will be December 14.
Councilmember Ferrell congratulated Skip Priest on the Mayoral Election.
Councilmember Park reported he attended the Veterans Day event at Todd Beamer High
School. He stated the next FEDRAC meeting was November 23, 2010.
Deputy Mayor Duclos had no report.
Mayor Kochmar thanked her colleagues for allowing her to be Mayor, and reported on an
upcoming Suburban Cities Association meeting.
10. CITY MANAGER REPORT
City Manager/Police Chief Wilson thanked the Council for allowing him to serve as the City
Manager over the past year and welcomed Mayor Skip Priest to the City.
City Council Minutes — November 16, 2010 Regular Meeting Page 6 of 7
11. EXECUTIVE SESSION
The Council did not adjourn to executive session.
� (��Ilonfivo Qr.rnr.ininn r�� �rc� �.+n4 #� D!'`\A/ A'� 4!1 1 A(1/A \/h\
12. ADJOURNMENT
With not additional business before the City Council, Mayor Kochmar adjourned the meeting
at 10:43 p.m.
Attest:
_� �_. � 1.., � ,11�
.. - -
Approved by Council: December 7, 2010
City Council Minutes — November 16, 2010 Regular Meeting Page 7 of 7