Council MIN 02-01-2011 RegularCITY OF
� Federaf Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
February 1, 2011 - 7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Deputy Mayor Duclos called the meeting to order at 7:03 p.m.
Councilmembers present: Deputy Mayor Dini Duclos, Councilmember Jim Ferrell,Councilmember
Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember
Jack Dovey and Councilmember Roger Freeman.
Deputy Mayor Duclos excused Mayor Skip Priest.
Staff present: Assistant City Attorney Amy-Jo Pearsall, Assistant City Attorney Peter Beckwith
and City Clerk Carol McNeilly
2. PLEDGE OF ALLEGIANCE
Joy Marsh led the pledge of allegiance.
3. PRESENTATIONS
a. Levy and Tax Rates
Finance Director Tho Kraus gave a brief presentation on the City's levy and tax rates.
Sales, Property and Utility Tax provide for 61 % of the City's operating and capital budget.
Federal Way collects less tax per person than 31 King County cities and only 6 cities
collect less tax per person than Federal Way. The sales tax rate for the city is 9.5%,
however, the city collects less than 1% of that tax. Sales tax collected is distributed to WA
State, King County, Metro, RTA, KC Mental Heath and Criminal Justice funding. Ms.
Kraus reviewed the tax levy and levy rate. The tax levy is the total amount of property
taxes the city can collect. The levy rate is the charge per $1,000 of assessed value.
Property tax collected is distributed to Schools, King County, WA State, Port/Library/Flood
Districts, Fire/EMS and the City. The city's portion of property tax is 9.4% per dollar.
b. Mavor - Emerqinq Issues / Introduction of New Employees
Deputy Mayor Duclos stated there were no new employee introductions.
Economic and Community Development Director Patrick Doherty stated Twin
Development did not make their payment that was due on January 31, 2011; therefore,
the City does not have an active purchase and sale agreement with them for the
development of the former AMC Theatre site.
City Council Minutes — February 1, 2011 Regular Meeting Page 1 of 6
4. CITIZEN COMMENT
Norma Blanchard commented on the city's purchase of the former Toys R Us site. She also
asked the council to consider having term limits for the Council. She asked who verifies
signatures on initiative petitions.
Donald Barovic distributed photos of coyotes on his property for the Council to view. He is
happy to report that he has not lost any livestock recently. He is concerned for the well-being
of a tree and asked the City to consider the tree being under the some sort of protection.
Bettv Tavlor commented on the need for a citizens police review board in Federal way.
Tim Burns commented on the need for a senior center for Federal Way residents.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Commiftee 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: January 18, 2011 Special and Regular Meeting, January 22, 2011 Special
Meeting APPROVED
b. Vouchers APPROVED
c. Renewal of Microsoft Enterprise Agreement APPROVED
d. Amendment to Fiber Consortium Interlocal Agreement APPROVED
e. Purchase of Police Vehicle Laptops APPROVED
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g. Lodging Tax Advisory Committee 2011-12 Work Plan and Budget APPROVED
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Amendment to the Lease Agreement for City Premises on a Portion of Milton Road
South APPROVED
Stormwater Video Inspection System- Request for Quote APPROVED
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MOTION: Councilmember Kochmar moved approval of the consent agenda items.
Councilmember Park second.
Councilmember Park pulled items 5f and 5k.
Councilmember Kochmar pulled item 5h.
VOTE: Consent Agenda Item 5a, 5b, 5c, 5d, 5e, 5g, 5i, and 5j were approved 7-0.
City Council Minutes — February 1, 2011 Regular Meeting Page 2 of 6
Consent Item 5(f)/Purchase of Police Vehicle Radios — referred back fo Committee
MOTION: Councilmember Park moved to refer this item back to the Finance
Economic Development Regional Affairs Committee for additional deliberations;
Councilmember povey second.
VOTE: Motion carried 7-0.
Consent Item 5(h)/Proposed Utility Easement within Celebration Park Access Road
Councilmember Kochmar stated she needed to recuse herself from this item.
MOTION: Councilmember Ferrell moved approval; Councilmember Burbidge
second.
VOTE: Motion carried 6-0, Councilmember Kochmar recused.
Consent Item 5(k)/ Fundinq the desiqn and development costs of the Civic Center —
Performinq Arts/Conference Center
Administrative Services Director Enge stated this item will appropriate money to move
forward with the design of the Civic Center - Performing Arts/Conference Center. After
this funding request, the downtown re-development fund will have approximately 2
million dollars in the fund.
MOTION: Councilmember Park moved approval of the funding of the Civic Center—
PerForming Arts/Conference Center schematic design, planning and development
cost by transferring $750,000 from the Downtown Redevelopment Fund (301) to the
City Facilities Fund-Civic Center Account (302), in accord with Resolution No. 10-
573; Councilmember povey second.
VOTE: Motion carried 6-1, Councilmember Ferrell dissenting.
6. COUNCIL BUSINESS
a. Mitchell, Veeder. Devnaka Quasi Judicial Rezone Decision
Assistant City Attorney Amy-Jo Pearsall stated Joseph Mitchell, Kurt Veeder and Kim
Deynaka applied for a quasi-judicial non-project related rezone of their properties from RS
9.69 single-family zoning to RS 7.2 single-family zoning. On July 22, 2010, the Hearing
Examiner held a Public Hearing concerning their request. At the hearing, staff presented
a recommendation to grant the rezone request, and several members of the public
testified in favor of denying the rezone request. On August 6, 2010, the Hearing Examiner
issued a decision that recommended denial of the rezone request. The City Council held a
meeting on January 18, 2011 to consider the record, hear presentations from city staff and
the applicants and public comments. After deliberating, the Council concurred with the
Hearing Examiners recommendation to deny the rezone request. FWRC
19.75.140(5)(b)(ii) requires that Council give effect to a decision to deny the rezone
request by adopting a resolution.
MOTION: Councilmember Kochmar moved approval of the proposed resolution to
deny the Mitchell, Veeder, Dynaka Quasi-Judicial Non-Project Related Re-Zone
Request; Councilmember Freeman second.
VOTE: Motion carried 7-0. Resolution No. 11-601.
b. Council Rules Amendment on Rule 2.2(8) — Veto Timeline
Assistant City Attorney Peter Beckwith stated that at the January 4, 2011 City Council
meeting the Mayor and Council indicated they wanted the veto timeline to provide the
City Council Minutes — February 1, 2011 Regular Meeting Page 3 of 6
option of responding at the following City Council Meeting and the option to consider
pubic comments that may occur when the ordinance is scheduled for second reading
before the Mayor submits his written objections.
Under the Mayor-Council form of government, final action of an ordinance can be when
the Mayor signs the ordinance and the City Clerk attests the signature, or when the City
Council votes in response to the Mayors written objections. Staff is proposing the
following timeline and amendment to the Council Rules:
The proposed timeline is as follows:
1. The Mayor submits written objections to the City Clerk and the City Council within
ten days.
2. At the next City Council meeting, the City Clerk will read the objections into the
record.
3. The City Council has the option of voting at the Council meeting or placing the
matter on the following City Council meeting.
4. The City Clerk will publish the ordinance, which established the effective date, after
the final action.
MOTION: Councilmember Park moved approval; Councilmember Burbidge
second.
VOTE: Motion carried 7-0.
c. Arts Commission Appointments
MOTION: Councilmember Burbidge moved to re-appoint Bruce Lee and Carol
Clemens to the Arts Commission with terms expiring December 31, 2013; appoint
Cynthia Pienett to Position 1 with an unexpired term of December 31, 2011; appoint
Frances Tanner to Position 6 with an unexpired term of December 31, 2012; and
further moved to appoint Cathy Biddy and Katherine Olson as alternates.
Councilmember Kochmar second.
VOTE: Motion carried 7-0.
d. Lodqinq Tax Advisory Committee Appointments
MOTION: Councilmember povey moved to appoint Ryan Miller to Position 7 of
the Lodging Tax Advisory Committee with and unexpired term of October 31,
2012; Councilmember Park second.
VOTE: Motion carried 7-0.
e. Human Services Commission Appointments
MOTION: Councilmember Burbidge moved to re-appoint Carol Peterson to
Position 9 with a term expiring January 31, 2014; and appoint Kathy Scanlon to
Position 8 with a term expiring January 31, 2014; Councilmember Kochmar
second.
VOTE: Motion carried 7-0.
City Council Minutes — February 1, 2011 Regular Meeting Page 4 of 6
7. ORDINANCES
First Reading and Enactment
a. CB566: Clarifyinq Utility Tax Administrative Process Approved Ordinance No. 11-685
An ordinance of the City of Federal Way, Washington relating to clarifying utility tax administrative process;
amending FWRC 3.10.160 and 3.10.190
Assistant City Attorney Peter Beckwith stated the proposed ordinance codifies the
information needed to process tax overpayments and creates appeal process specific to
utility tax.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Burbidge moved to suspend the Council Rules to allow
for first reading and enactment of the ordinance; Councilmember Park second.
VOTE: Motion carried 7-0.
MOTION: Councilmember Park moved to approve and adopt the proposed ordinance
amending Federal Way Revised Code 3.10 to clarify the administrative process for
utility taxes. Councilmember povey second.
VOTE: Motion carried 7-0.
8. COUNCIL REPORTS
Councilmember Ferrell reported that he, along with the Police Chief Wilson met with Senator
Tracey Eide regarding precious metal legislation. He also reported the State of the City address
was scheduled for tomorrow.
Councilmember Kochmar reported on legislative efforts to preserve funding from the Triangle
Project. She wilt be attending the next SCA Public Issues Committee on February 9, 2011.
Councilmember Park reported February 3 was the Lunar New Year; it is the year of the rabbit.
He stated the next FEDRAC Meeting is February 22, 2011.
Councilmember Burbidge reported the next PRHSPS meeting is February 8, 2011. She reported
on regional committee meetings she had attended, an upcoming PSRC Regional Transportation
meeting and local art/performing events.
Councilmember povey reported the Frank Sinatra performance at the Knutzen Family Theater is
exceptional.
Councilmember Freeman awarded Betty Taylor with the Martin Luther King Public Advocacy
Award. Ms. Taylor thanked the Council and the community for her award.
Deputy Mayor Duclos had no report.
9. MAYORS REPORT
There was no mayoral report.
City Council Minutes — February 1, 2011 Regular Meeting Page 5 of 6
10. EXECUTIVE SESSION
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The Council did not adjourn to executive session.
11. ADJOURNMENT
With not additional business before the Council, Deputy Mayor Duclos adjourned the meeting
at 8:01 p.m.
Attest:
arol McNeilly, CM , City C r
Approved by Council: February 15, 2011
City Council Minutes — February 1, 2011 Regular Meeting Page 6 of 6