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Council MIN 01-04-2011 RegularCITY AF Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 4, 2011 7:00 p.m. www. cityoffederalway. com CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Councilmember Ferrell led the pledge of allegiance. 3. PRESENTATIONS a. Proclamation: National Mentorinq Month Councilmember Freeman read the proclamation into the record and presented it to Doug Baxter from Communities in Schools Federal Way. Mr. Baxter thanked the Council for. recognizing National Mentoring Month and spoke to the importance of inentoring in the community. b. Kinq County Solid Waste Interlocal Aqreement — Information only Solid Waste/Recycling Coordinator Rob Van Orsow reviewed the City's involvement in the Metropolitan Solid Waste Management Advisory Committee. King County is conducting a Comprehensive Solid Waste Management Plan Update to replace the 2001 Comprehensive Plan. Cities will have 120 days to either adopt or reject the plan. King County is also looking to request a rate increase in 2012 for garbage fees. King County has Solid Waste Interlocal agreements with 37 cities and is looking into potential revisions to the agreements such as extending the terms so King County can obtain bond financing for transfer system reconstruction. The Council shared their concerns regarding this issue as well as how missed collections due to inclement weather are being addressed. Mayor Priest recommended deferring issues with Waste Management and King County Solid Waste to the FEDRAC Committee. City Council Minutes — January 4, 2011 Regular Meeting Page 1 of 6 c. Mavor Emerqinq Issues / Introduction of New Employees Mayor Priest stated there were no emerging issues or new employee introductions. 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR 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 that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. Nancv Combs spoke regarding missed garbage collection dates last week. She also commented on unsafe city streets. John Wilde submitted a letter for the City Clerk to read into the record. He suggested a community volunteer day in Federal Way similar to the City of Auburns Clean Sweep event. Norma Blanchard asked if a business license was issued to a marijuana dispensary. She also asked how the Mayor voted on the Civic Center at the December 7, 2010 City Council meeting. Tim Anderson spoke in opposition of school buses being routed down 13 Place South. He would like the Councils assistance in negotiating alternate routes for the buses. Donald Barovic thanked staff for their assistance in keeping storm drains on his property clean. He spoke regarding Waste Management's level of service and the proposed chicken/duck ordinance. Molly McGruder voiced her concerns with buses being routed on 13' Place South. Jackie Muth shared her concerns regarding routing buses on 13 Place South Sam Pace spoke regarding item 7d. He feels there are simple solutions to address the Council's concerns on this item and is looking forward to assisting where he can. Michael Kun stated Puget Sound Energy is no longer a public entity. He encouraged the Council to look into a municipal energy entity to provide energy to Federal Way residents. Tim Burns commented on the Toys-R-Us property purchase. He feels approving the 1033 form is tax evasion and he questions the integrity of the City Council. 5. CONSENT AGENDA Items listed befow 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 motion. a. Minutes: December 7, 2010 Special and Regular Meetings APPROVED b. Energy Performance Agreement with MacDonald Miller and Accepting PSE Grant APPROVED c. Dry Cleaning Contract between Empire Cleaners Inc., DBA John's Cleaners and the City of Federal Way, Washington for the Police Department Uniform Dry Cleaning Services APPROVED City Council Minutes — January 4, 2011 Regular Meeting Page 2 of 6 MOTION: Deputy Mayor Duclos moved approval of items 5a through 5c. Councilmember povey second. VOTE: Motion carried 7-0. 6. COUNCIL BUSINESS a. Vouchers Finance Director Tho Kraus stated the December 2010 Finance, Economic Development and Regional Affairs Committee meeting was cancelled so the vouchers did not go through Council Committee approval. The vouchers are items paid between November 16, 2010 and December 15, 2010 totaling $3,355,361.29 MOTION: Councilmember Park moved approval of the vouchers. Councilmember Burbidge second. VOTE: Motion carried 7-0. b. Monthlv Financial Report Finance Director Tho Kraus stated the November 2010 Financial Report was being presented under Council Business because the December 2010 Finance, Economic Development, Regional Affairs Committee meeting was canceled. Major revenues below year-to-date budget include gambling and utility tax. The Federat Way Community Center is continuing to perform well. Revenues exceed year-to-date budget as well as prior years. The Dumas Bay Center has a positive ending fund balance of $112,000.00, of that $55,000 is earmarked for marketing study and implementation. Councilmember Park asked Ms. Kraus to bring information on the new work release program that the Municipal Court implemented to the January FEDRAC Meeting. MOTION: Councilmember Park moved approval of the monthly financial report. Councilmember povey second. VOTE: Motion carried 7-0. c. Leqislative Aqenda Amendment Financial Services Administrator Bryant Enge stated the City Council adopted the 2011 Legislative Agenda on November 2, 2010. Since then the State's economic condition has become more challenging. The revised Legislative Agenda before Council takes into consideration the State's financial challenges and does not request new funding. In addition, the revised agenda provides greater clarity concerning the City's emphasis on public safety and sustainability. Mayor Priest asked staff to provide additional information regarding surface water mandates prior to the January 6, 2011 Legislative Meeting. MOTION: Councilmember Park moved approval of the draft updated 2011 Legislative Agenda. Councilmember Burbidge second. VOTE: Motion carried 7-0. 7. ORDINANCES FIRST READING: a. CB 563: 2010 Comprehensive Plan Amendments Related to the Performinq Arts Center and Competitive Sports Center An ordinance of the City of Federal Way, Washington, relafing to amendments to the City's Comprehensive Plan City Council Minutes — January 4, 2011 Regular Meeting Page 3 of 6 Financial Services Administrator Bryant Enge stated this item had been before the Planning Commission and the Land Use, Transportation Committee for review. He summarized the proposed amendments to Chapter 6 of the FWRC and stated the proposed ordinance would change the name of the Performing Arts Center to Civic Center (Conference Center/ Performing Arts Center). City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to second reading and enactment at the January 18, 2011 City Council meeting. Deputy Mayor Duclos second. VOTE: Motion carried 6-1, Councilmember Ferrell dissenting. b. CB 564: FWRC Housekeepinq References to City Manaqer An ordinance of the City of Federal Way, Washington, relating to reflecting the change of government to the Mayor-Council in the Federal Way Revised Code; amending FWRC Sections 1.20.020; 2.23.030; 2.29.040; 3.10.060; 3.10.130; 3.35.050; 3.50.370; 8.15.010; 8.15.060; 9.18.120; 12.40.250; 19.60.060; 19.80.250; 19.80.260; 19.91.120. City Attorney Richardson stated the proposed ordinance is a housekeeping item to replace references to City Manager with Mayor in the Federal Way Revised Code. City Clerk McNeilly read the ordinance title into the record. MOTION: Deputy Mayor Duclos moved to forward the ordinance to second reading and enactment at the January 18, 2011 City Council meeting. Councilmember Dovey second. VOTE: Motion carried 7-0. City Attorney Richardson reviewed the Mayoral Veto process for ordinances. She stated every ordinance must be presented to the Mayor, who has 10 days to act by either signing the ordinance or vetoing the ordinance by submitting written objections. If the Mayor does not take action the ordinance within 10 days, it becomes valid. If the Mayor veto's an Ordinance, the Council has the option to vote to incorporate the Mayor's objections, or override the veto with a majority plus one vote. The Council discussed the veto process and deferred the issue to the January 25, 2010 FEDRAC meeting for further discussion. SECOND READING: c. CB 560: Zoninq and Development Code Text Amendments Related to Keepinq Chicken and Ducks An ordinance of the City of Federal Way, Washington, relating to the keeping of chickens and ducks; amending FRWC 19.260.020 and FWRC 19.260.060 and adding a new section to FWRC Chapter 19.260. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to approve the ordinance. Councilmember Burbidge second. VOTE: Motion carried 7-0. Ordinance 11-681 d. CB 561: Portable Siqns in Street Side Planter Strips Code Amendment An ordinance of the City of Federa/ Way, Washington, relating to portable signs in the right-of-way; amending FWRC 19.140.060. City Council Minutes — January 4, 2011 Regular Meeting Page 4 of 6 MOTION: Deputy Mayor Duclos moved to postpone indefinitely the proposed ordinance regarding portable signs in the right-of-way as she understands a stakeholder group is being formed to fully address the issue. Councilmember Kochmar second. Vote: Motion carried 7-0. 8. COUNCIL REPORTS Councilmember Ferrell had no report. Councilmember Kochmar reported the next LUTC meeting was January 10, 2011. She read a thank you letter the Council received from a citizen regarding their interaction with the Police Department. Councilmember Freeman reported the theme for this years Martin Luther King event is "Building Community — Together We Stand." The event will be held on January 17, 2011 at Decatur High School and begins at 11:30 a.m. Councilmember povey reported on the upcoming Lodging Tax Advisory Committee retreat that will be held on January 18, 2011. Councilmember Burbidge reported the next PRHSPS meeting will be January 11, 2011. She also reported on upcoming performances at the Knutzen Family Theater. Councilmember Park reported the next FEDRAC meeting will be January 25, 2011. Deputy Mayor Duclos reported on an up coming South Sound Chamber of Commerce Legislative Meeting. 9. MAYORS REPORT Mayor Priest asked the Council for a motion to suspend the Council Rules and hold the annual Council Retreat on January 22, 2011 rather than the last weekend in January as stated in the Council Rules. MOTION: Deputy Mayor Duclos moved to suspend the Council Rules and conduct the Council Retreat on January 22, 2011. Councilmember Burbidge second. VOTE: Motion carried 7-0. Mayor Priest reviewed the 2011 Suburban Cites Association Committee Appointments. Mayor Priest announced the following changes to the City's organizational chart: • The Chief Administrator Officer position will not be filled. • The Community Development Director Position will become the Community & Economic Development Director and will oversee the Building Official and the Planning Manager. Patrick Doherty will fill this position. • The Administrative Services Director will oversee Government Affairs, Civic Center, the Human Services Manager, the Information Technology Manager and Ciry Council Minutes — January 4, 2011 Regular Meeting Page 5 of 6 the Human Resources Director. • Jean Stanley will fill the Human Resources Director Position. • Steve Cain will fill the Executive Assistant to the Mayor position. • Chris Carrel will fill the Community and Grant Coordinator position. 10. ADJOURNMENT With no additional business before the Council, Mayor Priest adjourned the meeting at 8:55 p.m. ATTEST: � Carol McNeilly, CMC City CI Approved by Council: January 18, 2011 City Council Minutes — January 4, 2011 Regular Meeting Page 6 of 6