Council MIN 12-07-2010 RegularCITY OF
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MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
December 7, 2010 - 7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the City Council Regular Meeting to order at 7:02 p.m.
Councilmembers in attendance: Mayor Skip Priest, Deputy Mayor Dini Duclos,
Councilmember Jim Ferrell, Councilmember Mike Park, Councilmember Jeanne
Burbidge, Councilmember Linda Kochmar, Councilmember Jack Dovey and
Councilmember Roger Freeman.
Staff in attendance: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Councilmember Kochmar led the pledge of allegiance.
3. PRESENTATIONS
a. Oath of Office — Mavor Priest
Municipal Court Judge David Larson delivered the Mayoral Oath of Office to Skip
Priest.
b. Certificate of Appointment: Lodqinq Tax Advisorv Committee
Mayor Priest reported the individual Council appointed to the Lodging Tax Advisory
Committee on November 2, 2010 had resigned from the Committee; therefore a
certificate of appointment will not be presented tonight.
c. Mavors - Emerginq Issues / Introduction of New Emplovees
Mayor Priest stated there were no new employee introductions or emerging issues.
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PR/OR TO SPEAKING. When
recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT
YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments thaf exceed three
minutes, relate negatively to other individuals, or are otherwise inappropriate.
Jill Palumbo spoke in support of urban chickens code amendment; however, she does
not support the city having chicken coup requirements.
Walter Backstrom congratulated Mayor Priest on his new position. Mr. Backstrom also
City Council Minutes — December 7, 2010 Regular Meeting Page 1 of 9
spoke about programs for at-risk youth and asked the Council to hold a summit to
address the issue.
Wavne Triplett spoke in support of the sand sculpture event that was held in Federal
Way; he hopes to see it back next year.
Diana Noble-Gultiford spoke in support of urban chickens code amendment, however,
she does not support the city regulating the design of chicken coops.
David Sobie spoke in support of the World Championship of Sand Sculpting event.
Tobv Olsen spoke in support of the World Championship of Sand Sculpting event.
MOTION: Deputy Mayor Duclos maved to amend the agenda to add under Council
Business section 6.j. the cancellation of the December 21, 2010 Regular City
Council Meeting; Councilmember povey second.
VOTE: Motion carried 7-0.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Commiffee of three
members and brought before fu/l 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: November 16, 2010 Special and Regular Meetings Approved
b. Monthly Financial Report Approved
c. Vouchers Approved
d. Fall 2010 Tourism Enhancement Grants Approved
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MOTION: Deputy Mayor Duclos moved approval of items 5(a) through 5(fl;
Councilmember povey second.
Councilmember Park pulled 5(e)/Council Bill 557: 2011-2012 Biennial Budget.
Councilmember povey pulled 5(f)/Council Bill 558: Proposed Amendments to BC Zone,
Design Guidelines & Landscaping.
VOTE: Consent Agenda Items 5(a) through 5(d) were approved 7-0.
5(e) CB 557: 2011-2012 Biennial Budqet/Approved Ordinance #10-677
Councilmember Park asked Finance DirectorTho Kraus if additional gambling and liquor
tax revenues had been added to the proposed budget since the initiatives failed. Ms.
Kraus stated the revenues had not been increased.
MOTION: Councilmember Park moved approval of the final budget as presented.
Deputy Mayor Duclos second. �
VOTE: Motion carried 7-0
City Council Minutes — December 7, 2010 Regular Meeting Page 2 of 9
5(fl CB 558: Proposed Amendments to BC Zone, Desiqn Guidelines &
Landscapinq/Approved Ordinance #10-678
Councilmember povey stated he needed to recuse himself from this item.
MOTION: Deputy Mayor Duclos moved approval Council Bill 558 as presented;
Councilmember Kochmar second.
VOTE: Motion carried 6-0; Councilmember povey recused.
6. COUNCIL BUSINESS
a. Resolution: 2011 Fee Schedule/ Aaproved Resolution #10-599
Finance Director Tho Kraus stated the 2011 Fee Schedule did not have an
inflationary adjustment; however, it does incorporate three housekeeping
items. Those are;
• Public Records: a$0.15 per page scanning charge for public records
requests,
• Facility Use: $60.00 per hour charge for non-profits to use the Council
Chambers and $30.00 per hour for use of other City Hall Rooms,
• Business License: Due to a change in the State Law massage business
licenses are no longer separated out from other business licenses.
MOTION: Councilmember Park moved approval of the 2011 Fee Schedule as
presented; Councilmember Burbidge second.
VOTE: Motion carried 7-0.
b. Sand Sculptinq Event Fundinq
Economic Development Director Patrick Doherty stated the World Championship
event was held from 9/8/10 through10/10/10. The City Council initially approved a
recommendation from the Lodging Tax Advisory Committee to grant $23,000 of
lodging tax revenue revenues for the event. Additionally the City Council approved
up to $58,000 of General Fund monies to help with the event. Mr. Doherty introduced
Rudi Alcott and John Hatcher, Board Members from the Federal Way Community
Council. Mr. Alcott stated they will be going forward with the event in 2011. The
Community Council will not be requesting funds from the City for the event.
c. Proposed purchase and sale aqreement for the Enticknap property
SurFace Water Manager Will Appleton stated the proposed land for purchase is
comprised of two parcels which total 6.35 acres and a.54 conservation
easement for a purchase price of $229.758.00. In addition, an easement for access
has been negotiated at no additional cost. Financing for this acquisition will be
through Surface Water Utility Funds and King County Conservation Funds of
$132,000.00, which the City was awarded in October 2009.
City Council Minutes — December 7, 2010 Regular Meeting Page 3 of 9
MOTION: Deputy Mayor Duclos moved to authorize staff to move forward
with the tentative purchase of the Enticknap property; Councilmember
Burbidge second.
VOTE: Motion carried 7-0.
d. Proposed contract with WA State for qrant fundinq for Civic Center/PACC
City Attorney Richardson presented a Power Point presentation on items 6(d)
through 6(g). Ms. Richardson stated Washington State provided a proposed
agreement to access grant funding of $5,000,000 that was awarded to the City in
June 2008 for a performing art and conference center.
Citizen Comment
Mayor Priest called for citizen comment on the Performing Arts/Civic Center
Project.
Brian Kelly is on the board of the Federal Way Symphony. Mr. Kelly spoke in support
of a Performing Arts/Civic Center.
Preston Johnson spoke in support of the Performing Arts/Civic Center.
Maureen Hathawav spoke in support of a Performing Arts/Civic Center.
Norma Blanchard spoke in opposition to the City purchasing property for a
Performing Art/Civic Center.
Joann Piquette spoke in support of the purchase of the former Toys R Us site forthe
development of a PerForming Arts/Civic Center.
Phvllis Tellari spoke in support of the development of a Performing Arts Center.
Jim Burbidqe invited the Council to and upcoming performance of the Federal Way
Chorales that will be at Saint. Luke's Church. Mr. Burbidge also spoke in support of a
Performing Arts/ Civic Center in Federal Way.
Nancv Combs spoke in opposition of a Performing Arts/Civic Center in Federal Way.
Ms. Combs also encouraged the Council to clean up the road construction
throughout the City.
Diane Powell spoke in support of Performing Arts/Civic Center in Federal Way.
Monte Powell spoke in support of a Performing Arts/Civic Center in Federal Way.
Bet Huff spoke in support of a PerForming Arts/Civic Center in Federal Way.
City Council Minutes — December 7, 2010 Regular Meeting Page 4 of 9
Matthew Jarvis spoke regarding the 1033 designation and stated he does not feel
there is enough funding available for a Federal Way Performing Arts/Civic Center.
Bruce Lee, member of the Federal Way Arts Commission, spoke in support of a
Performing Arts/Civic Center.
Marilvn Kelloqq spoke in support of a Performing Arts/Civic Center in Federal Way.
Carrol Clemens spoke in support of the development of a Performing Arts/Civic
Center.
Phil Wamba spoke in support of the purchasing the former Toys R Us site for the
development of a Performing Arts/Civic Center.
The Council recessed from 8:52 pm. to 9:00 p.m.
Brian Davenport spoke in support of a Performing Arts/ Civic Center.
Chervl Nevers spoke in opposition of a Performing Arts/Civic Center.
Nancv McElenev spoke in support of a Performing Arts/Civic Center.
Susan Weldon spoke in support of a Performing Arts/Civic Center in Federal Way.
The Council asked clarifying questions of City Attorney Richardson regarding the
1033 contingency.
MOTION: Councilmember Burbidge moved to authorize the Mayor to execute
the necessary contract documents with the State of Washington for the five
million dollar grant award for the Civic Center; Councilmember Park second.
Councilmembers Park, Kochmar, Freeman and Burbidge spoke in support of the
motion.
VOTE: Motion carried 6-1 Councilmember Ferrell dissenting.
e. Resolution: Desiqnatinq funds from the Downtown Redevelopment Fund for the
Civic Center/PACC/Approved Resolution #10-600
The City has identified a site to purchase and the purchase price along with the
infrastructure costs exceeds the grant amount by $475,000. The Public Works Trust
Board is drafting documents for the City to access the grant funds and is requesting
the City document the appropriation of the $475,000 so staff has prepared a
resolution for Council consideration.
City Council Minutes — December 7, 2010 Regular Meeting Page S of 9
MOTION: Councilmember Burbidge moved approval of the proposed
resolution. Councilmember Park second.
VOTE: Motion carried 6-1; Councilmember Ferrell dissenting
f. 1033 continqencv for the purchase of the former ToYs R Us site
City Attorney Richardson stated the State's award of a$5,000,000 grant for a Civic
Center and the city's intent that it be for the public meets the statutory requirement of
a public purpose. The 1033 designation would give the seller finro-years to reinvest
their capital gains.
MOTION: Councilmember Burbidge moved to direct the City Attorney to
prepare the necessary documents to commence the involuntary conversion
to acquire the former Toys R Us site for the Civic Center; Councilmember Park
second.
VOTE: Motion carried 5-2; Councilmembers Dovey and Ferrell dissenting.
g. Proposed Purchase of former Tovs R Us site for the Civic Center
City Attorney Richardson stated the Council was presented with a proposed
purchase and sale agreement for the former Toys R Us site located at 31510 2p
Ave. South at their November 16, 2010 meeting. Ms. Richardson reviewed the
contingencies of the purchase and sale agreement as well as the proposed funding
for the purchase of the site.
MOTION: Councilmember Burbidge moved to authorize the Mayorto execute
the necessary documents, which have been approved by the City Attorney, for
purchasing the former Toys R Us site for the Civic Center located at 31510 20�'
Avenue South; Councilmember Park second.
VOTE: Motion carried 5-2; Councilmembers Dovey and Ferrell dissenting.
h. RFP Official Citv newspaper desiqnation
City Attorney Richardson stated on November 3, 2010 the City issued an RFP for the
official newspaper. One submission was received from the Federal Way Mirror,
which is the City`s current official newspaper.
MOTION: Councilmember Park moved to continue the Federal Way Mirror as
the City's official newspaper. Councilmember Kochmar second.
VOTE: Motion carried 7-0.
Amend City Council Rules of Procedure to allow for Mayoral veto.
City Attorney Pat Richardson stated that State Law outlines the processing of
ordinances under a Mayor-Council form of government; which includes the option of
a Mayoral veto. The current Council Rules of Procedure do not address a Mayoral
Veto, therefore, staff has provided draft language for consideration. This amendment
would change the second reading and enactment process by no longer placing
ordinances on the consent agenda. Instead, there would be a section for Second
Reading and Enactment of ordinances and Council would vote on the ordinance.
City Council Minutes — December 7, 2010 Regular Meeting Page 6 of 9
After the Council votes, the Mayor then has the option to veto by providing written
objections to the ordinance. Council can reconsiderthe ordinance and direct staffto
amend it, or override the Mayoral veto with a majority plus one vote.
MOTION: Councilmember Burbidge moved to approve the proposed
amendment to City Council Rule 2.2(8) to provide for a process forthe Mayoral
veto. Councilmember Kochmar second.
VOTE: Motion carried 7-0.
j. Cancellation of the December 21, 2010 Citv Council Meetinq.
MOTION: Deputy Mayor Duclos moved to suspend the Council rules and
cancel the December 21, 2010 Regular City Council Meeting. Councilmember
Kochmar second.
VOTE: Motion carried 7-0.
Mayor Priest asked for a moment of silence in honor or Pearl Harbor Day.
7. INTRODUCTION / ENACTMENT OF ORDINANCES
a. CB 559: 2011 Property Tax Levv/Approved Ordinance #10-679
An ordinance of the City Of Federal Way, Washington, Fixing the Property Tax Amount for the
Year 2011.
Finance Director Tho Kraus stated the proposed 2011 Property Tax Levy is
allocated at a 1% increase based on Council direction. This will increase the
property tax levy from $1.13 to $1.20 per $1,000 of assessed valuation.
MOTION: Councilmember Kochmar moved to suspend the Council Rules of
Procedure and continue the meeting pat 10:00 p.m. Deputy Mayor Duclos
second.
VOTE: Motion carried 7-0.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Park moved approval and enactment of the 2011
Property Tax Levy ordinance. Councilmember Kochmar second. �
VOTE: Motion carried 7-0.
8. INTRODUCTION / FIRST READING OF ORDINANCES
a. CB 560: Zoninq and Development Code Text Amendments Related to Keepinq
Chicken and Ducks
An ordinance of the City Of Federal Way, Washington, relating fo the keeping of chickens and
ducks; amending FRWC 19.260.020 and FWRC 19.260.060 and adding a new section to
FWRC Chapter 19.0260.
City Clerk McNeilly read the ordinance title into the record.
Associate Planner Matt Herrera stated currently roosters and other fowl are
permitted on lots 35,000 square feet and greater. The draft ordinance before Council
City Council Minutes — December 7, 2010 Regular Meeting Page 7 of 9
would ban roosters citywide with the exception of Suburban Estates zoned
properties. It would also allow up to four chickens/ducks on properties less than
35,000 square feet. It would cap the number of chickens/ducks at 20 for properties
greater than 35,000 square feet located in the RS Zone. This ordinance also
includes three (3) coop design standards. If approved, owners of roosters would
have until December 31, 2012 to comply with the ordinance.
MOTION: Deputy Mayor Duclos moved to forward the ordinance to a
second reading and enactment at the January 4, 2011 City Council
meeting.
VOTE: Motion carried 6-1. Councilmember Freeman dissenting.
b. CB 561: Portable Siqns in Street Side Planter Strips Code Amendment
An ordinance of the City Of Federal Way, Washington, relating to portable signs in the right- of-
way; amending FWRC 19.140.060.
Senior Planner Deb Barker stated on October 3, 2010 the Council directed staff to
prepare a Code Amendment that would allow portable signs in the City. Ms. Barker
stated the proposed ordinance before Council would allow portable signs in the
street side planter strips, as long as they are out of the sight distance triangle
reserve area. Ms. Barker stated the objective is to improve the visibility of content
neutral business signage within the City's rights-of-way. Portable signs will not be
permitted in the street medians.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Deputy Mayor Duclos moved to forward the ordinance to a second
reading and enactment at the January 4, 2011 City Council Meeting.
Councilmember Kochmar second.
VOTE: Motion carried 7-0.
c. CB 562: 2010 Budqet Adiustment — Appropriate $5M State Grant and $589k from
Downtown CIP to Civic Center/PACC and correct Downtown CIP Fundinq
Sources/Approved Ordinance #10-680
An ordinance of the City Of Federal Way, Washingfon, relafing to budgets and finance, revising the
adopted 2009-10 Biennial Budget.
City Clerk McNeilly read the ordinance title into the record.
Finance Director Tho Kraus stated the revised ordinance reflects the purchase
of the former Toys R Us site and corrections to the Downtown CIP Fund. The
revised request proposes the expenditure budget at $5,594,200.00 for the
property purchase, closing costs and infrastructure improvements. The funding
source is coming from grants from Washington State and the Department of
Commerce.
MOTION: Councilmember Park moved approval and enactment of the 2010
budget adjustment ordinance, as amended. Deputy Mayor Duclos second.
City Council Minutes — December 7, 2010 Regular Meeting Page 8 of 9
VOTE: Motion carried 6-1 Councilmember Ferrell dissenting.
9. COUNCIL REPORTS
Councilmember Freeman stated the Martin Luther King Celebration would be on Monday
January 17, 2011.
Councilmember povey had no report.
Councilmember Burbidge reported on upcoming regional meetings and performances at
The Knudsen Family Theater. She also stated the next PRSHPS Meeting will be
December 14, 2010.
Councilmember Park stated the December 28, 2010 FEDRAC meeting may be
canceled.
Deputy Mayor Duclos reported on upcoming regional meetings she will be attending this
week.
Councilmember Kochmar stated that with the hotidays near there are many people that
are in need of assistance. She encouraged people to give to the food banks.
Councilmember Ferrell wished everyone a Happy Holiday Season and a Happy New
Year.
10. MAYORS REPORT
Mayor Priest thanked Police Chief Wilson for his work developing the 2011-2012
Biennial Budget. He also thanked the City Council for their warm welcome.
11. EXECUTIVE SESSION
The Council did not adjourn to executive session.
. . Canceled
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12. ADJOURNMENT
With no further business before the Council, Mayor Priest adjourned the Federal Way
City Council Regular Meeting at 10:18 pm.
Attest:
C��(�'� LD�'C �
Carol McNeilly, CMC, ity Cler
Approved by Council on: January 4, 2011
City Council Minutes — December 7, 2010 Regular Meeting Page 9 of 9