Council MIN 03-15-2011 RegularCITY OF
,'�... Federal Way
MINUTES
FEDERAL 1NAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
March 15, 2011
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:04 p.m.
Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim
Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne
Burbidge, Gouncilmember Jack Dovey and Councilmember Roger Freeman.
Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly
2. PLEDGE OF ALLEGIANCE
Cub Scout Pack #307 led the pledge of allegiance.
3. PRESENTATIONS
a. Decatur Hiqh School Cheer Sauad
Deputy Mayor Duclos presented certificates of achievement to the Decatur Cheer Squad for
their recent first place win at the 2011 WIAA/Dairy Farmers of Washington Les Schwab Tires
State Cheerleading Championship in the 2A/3A Non-Tumbling Large classification. The squad
performed a short cheer far the audience.
b. State of Municipal Court — Judqe Larson & Judqe Robertson
Judge Larson stated a properly functioning court system is essential to economic and social
stability. Judge Robertson reviewed types of crimes and infractions that are seen in the court. She
stated one primary goal of the court is to stop criminal behavior through various tools/rehabilitation
programs. Often rehabilitation programs are used in conjunction with punishment. Judge Larson
stated the Federal Way Municipal Court is a model court and is often consulted by other
courts/judges for various reasons. He reviewed the total filings from 2006 through 2010 as well as
the courts budget compared to neighboring cities. Judge Larson played a video from two pro-tem
Judges who shared their thoughts and experiences with the Federal Way Municipal Court.
Council Minutes — March 15, 2011 Regular Meeting Page 1 of 6
c. Mavors Emerqinq Issues
Mayor Priest stated there were no emerging issues.
4. CITIZEN COMMENT
Ron Walker provided an update on the Diversity Commission Book Donation Program. The
Commission was able to donate $1,200 to four elementary schools in the community. He thanked
the Councilmembers who participated in the recent reading program at the schools.
Mark Freeland spoke in support of Consent Agenda item 5b.
Norma Blanchard spoke in support of term limits for City Councilmember's. She encouraged
the Council to consider an ordinance. She also encouraged residents to utilize the City's Public
Records Request process.
Clara McArthur spoke regarding past council meeting comments. She feels members of the
Council have lost their eredibility.
Nancv Combs spoke regarding traffic issues and cars racing through her neighborhood as well
as on 336
Roqer Flvctare asked the City Council to do something to help the people of Sendai Japan.
Martin Moore reported this is close to the 1-year anniversary of the passage of the campaign
contribution limits ordinance.
The Council discussed Ms. Comb's concerns and would like to have a presentation at and
upcoming Land Use Committee meeting.
5. CONSENT AGENDA
Items listed below have been previously reviewed in fheir 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 separafe discussion and subsequent motion.
a. Minutes — March 1, 2011 Special and Regular Meeting Approved
b. Naming of the Brooklake/Spur in Honor of Thais Bock Approved
c. Stormwater Video Inspection System — Bid Award Approved
d. NPDES Requirements: Annual Report/Update to the Surface Water Management Plan
(SWMP) Approved
e. Department of Ecology Stormwater Algae Grant — Grant Acceptance Approved
f 0� ��h�ri��4i�n 4� Ar�r�l�i f�r Llirin (�i+� �r+4�i (`r,n�oni�4ic�n� C� �4� �rc C� �r�rlir�n
. � u� �u� �
g. 20` Ave. South (S 316th Street to S 314 Street) — 85% Design Status Report Approved
h. S. 320' Street at I-5 Ramp — Local Agency Agreement Approved
i. 2011 Asphalt Overlay Bid Award Approved
Neighborhood Stabilization Program 3 partnership with Habitat for Humanity - WA
Department of Commerce RFP Approved
Council Minutes — March I5, 2011 Regular Meeting Page 2 of 6
MOTION: Deputy Mayor Duclos moved approval of items 5.a. through 5.j.
Councilmember povey second.
Councilmember Kochmar pulled item 5.f
VOTE: Items 5a, 5b, 5c, 5d, 5e, 5g, 5h, 5i and 5j were approved 7-0.
5.f. Authorization to Applv for Kina Countv Conservations Future Fundincl
Surface water Manager W ill Appleton stated the policy question before Council was whether or not
they should authorize staff to apply for 2012 King County Conservation Futures grant funding in the
amount of $400k for the Hylebos Creek Project and additional target properties to the project
scope and transfer matching funds from SW M unallocated upon grant award. Mr. Appleton stated
that grant applications are due March 17, 2011. This grant has a 50% grant match that is required
($400K} which would come from the Surface Water Management Fund. Council asked clarifying
questions of Mr. Appleton.
MOTION: Councilmember povey moved to authorize staff to apply for 2012 King
County Conservation Futures grant funding in the amount of $400K for the Hylebos
Creek Project , and additional target properties to the project scope and transfer
matching funds from SWM unallocated upon grant award. Deputy Mayor Duclos
second.
VOTE: Motion carried 6-1
6. COUNCIL BUSINESS
Councilmember Kochmar dissenting.
a. Communitv Development Block Grant Direct Entitlement
Human Services Manager Lynnette Hynden stated the question before Council is if the City should
provide notice to King County and Housing and Urban Development (HUD) and receive its
Community Development Block Grant entitlement funds directly from HUD beginning in 2012. Ms.
Hynden stated this item was presented to the Parks, Recreation, Human Services and Public
Safety Committee on March 8, 2011. At that meeting questions arose regarding start up funding
and staffing needed forthe program. Ms. Hynden stated the start up costs forthis program will not
exceed $50k and will come from one-time funds set aside to accomplish the federally required start
up process. She also noted that no additional staff is necessary to implement the program.
Deputy Mayor Duclos recused herself from this item.
The Council recessed at 8:40 p.m. to 8:55 p.m.
MOTION: Councilmember Burbidge moved approval of option 1— For the City of
Federal Way to provide notice to King County and HUD before April 30, 2011 of it's
intent on receiving its entitlement directly. The City will set aside no more than
$50,000.00 from its ending fund balance one-time funds to use for the start-up costs
necessary to develop the required Consolidated Plan and other necessary and legal
documents for transitions from a Joint Agreement City to a Direct Recipient of its
CDBG Funds. Councilmember Park second.
VOTE: Motion carried 6-0. Deputy Mayor Duclos recused.
Council Minutes — March 15, 2011 Regular Meeting Page 3 of 6
b. Draft RFQ/RFP for former AMC Theatre Site Redevelopment — Action
Economic and Community Development Director Patrick Doherty stated the Council held a special
meeting on March 1, 2011 to solicit input on the draft "Project Vision and Principles" section of the
draft RFQ. Comments received at that meeting have been incorporated into the RFQ as well as
the timeline selected by Council. If approved by Council tonight, the RFQ/RFP may be published
and mailed out as soon at March 21, 2011. Responses to the RFQ will be accepted through May 2,
2011.
MOTION: Deputy Mayor Duclos moved to approve the RFQ as presented.
Councilmember povey second.
AMENDMENT: Councilmember Ferrell moved to table the matter until the April 19, 2011
City Council meeting. Councilmember Kochmar second.
Maker and second of the amendment withdrew their motion.
AMENDMENT: Councilmember Ferrell moved to table the matter to April 5, 2011
City Council meeting, with a study session� scheduled for April 5, 2011 at 5:30 p.m.
Councilmember Kochmar second.
AMENDMENT VOTE: Motion carried 4-3, Councilmembers Park, Burbidge and Dovey
dissenting.
MOTION: Councilmember Kochmar moved to suspend the rules to extend the meeting
past 10:00 p.m. Councilmember Ferrell second. VOTE: Motion carried 7-0.
7. ORDINANCES
First Reading
a. CB #569 Amend FW RC Reqardinq Real Estate Siqns in the Riqht-of-Wav of Residential
�oning Districts
An ordinance of the City of Federal Way, Washington, relating to implementation of a pilot program that
permits real estate signs in the right-of-way of residential zoning districts; adding a new section to FWRC
19.140.095.
Planner Manager Isaac Conlen provided background information on this item. He stated
the revised language would allow real estate signs in the right of away in residential
zones. This allowance would be a pilot program for the city.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to second reading
and approval at the April 5, 2011 City Council meeting. Councilmember povey second.
VOTE: Motion carried 7-0.
b. CB #570 Amend FWRC Title 9 Reqardinq Animal Services
An ordinance of the City of Federal Way, Washington, relating to animal services; amending FWRC
9.05.010, 9.18.100, 9.18.110, 9.25.030.
Police Chief Brian Wilson stated the proposed amendments to the FWRC would add a
Council Minutes — March 15, 2011 Regular Meeting Page 4 of 6
definition of "bite"; change the definition of hobby cattery to 6 or more cats; expand the
definition of animal cruelty to include leaving animals in vehicles during hot weather and
authorize o�cers to enter vehicles with force, if necessary. It would also add a
"poop/scoop" law; add parks to list of places where aggressive dogs constitute a nuisance;
clarify when and how the animal services authority may abate nuisances and clarify how a
dangerous dog would be confiscated.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Burbidge moved to forward the ordinance to the April 5, 2011
City Council meeting for second reading and approval. Councilmember Park second.
VOTE: Motion carried 7-0
Second Reading:
c. CB #567 Amend FWRC Reqardinq Pawnbrokers and Secondhand Dealers
An ordinance of the City of Federal Way, Washington, relating to Pawnbrokers and Secondhand Dealers;
amending FWRC 12.15.010, 12.15.140, 12.15.230, 12.15.290, 12.15.300 and adding a new section to
12.15.330.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Ferrell moved to postpone the second reading and
enactment of the proposed ordinance regarding pawnbrokers and secondhand dealers
to the April 5, 2011 City Council meeting, because a hearing in the Senate State
Legislature is scheduled for Thursday, March 17, 2011 and the postponement will give
Staff the opportunity to review any changes at the State level to ensure that the City's
proposed ordinance compliments State Law. Councilmember Freeman second.
VOTE: Motion carried 7-0.
d. CB #568 Carrv Forward Budget Adiustment
An ordinance of fhe City of Federal Way, Washingfon, relating to Budgets and Finance to Carry Forward
Funds Revising the 2011-12 Biennial Budget.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Park moved approval of the proposed ordinance. Deputy
Mayor Duclos second.
VOTE: Motion carried 7-0. Ordinance #11-686.
8. COUNCIL REPORTS
Councilmember Freeman recognized the students at Lakota Middle School for the great work
they did on their science projects.
Councilmember povey stated he appreciates the roads in Federal Way after driving in New
York City.
Councilmember Burbidge reported on the upcoming PRHSPS meeting as well as the upcoming
production at the Knutzen Family Theatre.
Councilmember Park reported the next FEDRAC meeting is March 22, 2011.
Council Minutes — March I5, 2011 Regular Meeting Page 5 of 6
Deputy Mayor Duclos reported on her recent trip to Washington D.C.
Councilmember Kochmar reported the next LUTC Meeting was March 21, 2011.
Councilmember Ferrell reported he would be testifying in Olympia regarding the precious
metals bill.
9. MAYORS REPORT
Mayor Priest had no report.
10. EXECUTIVE SESSION
The Council did not adjourn to executive session.
. . canceled
. . ' canceled
11 ADJOURNMENT
With no additional business before the Council, Mayor Priest adjourned the meeting at
10:18 p.m.
Attest:
� j � A
Carol McNeilly, CMC, City C"
Approved by Council: April 5, 2011
Council Minutes — March I5, 2011 Regular Meeting Page 6 of 6