Council MIN 07-05-2011 RegularCITY OF
� Feder�l Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
July 5, 2011
7:00 pm
www. cityoffederalway. com
1. 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 Park led the Pledge of Allegiance.
3. PRESENTATIONS
a. Puget Sound Enerqy — Rock the Bulb Event
Mayor Priest announced Puget Sound Energy is hosting their annual Rock the Bulb
campaign and they will be at the Federal Way Northshore Ace Hardware store on July 9
and 10. Mayor Priest introduced Gary Nomensen from Puget Sound Energy. Mr.
Nomensen stated PSE is offering residents the opportunity to exchange up to ten
incandescent light bulbs for Energy Star compact fluorescent bulbs at the event.
b. Certificates of Appointment — Ethics Board
Deputy Mayor Duclos read the Certificates of Appointment for Tony Aparicio and Donald
Dennis into the record. The City Council appointed both individuals to the Ethics Board on
June 21, 2011.
c. Proclamation - Parks and Recreation Month
Councilmember Burbidge read the proclamation into the record and declared July as
Parks and Recreation month in the City of Federal Way. Councilmember Burbidge
presented the proclamation to Parks and Public Works Director Cary Roe. Mr. Roe
thanked the Council for the proclamation and reported on the 18 Annual Red White and
Blues festival and the upcoming Summer Concert Series.
d. Civic Center Update
City Council Minutes — July 5, 2011 Regular Meeting Page 1 of 6
Administrative Services Director Bryant Enge reported Councii approved funding for the
Civic Center in February 2011. The City solicited proposals from A&E firms to prepare
initial design concepts. The City re-engaged Webb Management and fifteen proposals
were received. The Advisory Committee selected LNM Architects, who presented three
concepts for the site. The next step is to have LNM develop initial site sketches and to
follow up with the stakeholders.
e. Mavor's Emerqinq Issues
Mayor Priest reported the Council would conduct a Special Meeting on July 19 at 5:30
p.m. to review the responses to the RFQ for the AMC Theatre site.
Mayor Priest stated the next emerging issue regards the Ciry's Neighborhood Stabilization
Program (NSP). Administrative Services Director Bryant Enge reviewed the City's current
housing stability efforts, which include the Community Development Block Grants, NSP1,
ARRA Grants, and Neighborhood Stabilization Program Phase 3.
Council Executive Assistant Brook Lindquist spoke regarding the NSP Phase 3 Program.
The City was awarded $1.693 million dollars to acquire, rehabilitate and sell fourteen
homes in the Westway neighborhood. The City will be working with Habitat for Humanity
for the rehabs. Next steps include contract completion by mid-July and the projects will
start August 2011. People can apply by calling 206-723-4355. Pastor Jon Schmick
provided some history on the re-vitalization efforts that have taken place in the Westway
neighborhood with the Build-A-Bridge Organization.
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.
Norma Blanchard spoke regarding the initiative and referendum discussion that occurred at
the FEDRAC meeting. She also asked the Council to adopt term limits.
Roqer Flyqare stated he would like to see the Civic Center developed on the AMC Theatre
site. He encouraged the Council to work with Centerstage on the Civic Center development.
Bob Celski encouraged the Council to include a Veterans' Memorial in the development of the
AMC Theatre Site.
Clara McArthur spoke in favor of the Council adopting term limits.
Kimberly Shaflik thanked the Police Departments Gang Unit for their efforts in closing a drug
house on 24 Place South.
Donald Barovic asked how much the fine is for discarding a cigarette/cigar from a moving
vehicle and for the number citations the Police issued over the Fourth of July.
Betty Taylor asked the Council to extend the public comment period from three to five minutes.
She also spoke in support of the National Night Out event on August 2, 2011.
Susan Honda thanked the Council and stafffor posting signs to address parking issues near
the King County Aquatic Center. She recommended using a Park and Ride for overflow
parking during events at the Aquatic Center.
City Council Minutes — July 5, 2011 Regular Meeting Page 2 of 6
Keith Tyler spoke regarding the Federal Way Revised Code and its impact on local
businesses.
MOTION: Councilmember Ferrell moved to have an agenda item at FEDRAC to discuss
Council term limits. Deputy Mayor Duclos second.
AMENDMENT: Councilmember povey moved to have this item before a Council
Committee of the Whole.
VOTE: Amendment carried 7-0.
VOTE: Amended main motion carried 7-0.
MOTION: Deputy Mayor Duclos moved that the Council also discuss the timeline for
collection of signatures on initiative and referendums. Councifinember Ferrell second
VOTE: Motion carried 7-0.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; alI items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: June 21, 2011 Special and Regular Meeting Approved
b. Monthly Financial Report Approved
c. Vouchers Approved
d. Energy Conservation Measures Approved
e. Secondary Internet Connection Approved
MOTION: Deputy Mayor Duclos moved approval of items 5a through 5e. Councilmember
Dovey second. VOTE: Motion carried 7-0.
6. PUBLIC HEARING
a. Vacation of a Portion of SW 340`
Mayor Priest stated pursuant to RCW 35.79.030, the purpose of the public hearing is to
accept public comment on the proposed vacation of a portion of SW 340` Street located on
the South side of SW 340 Street, east of 13 Court, adjacent to lot 34 of the Wynstone
Plat. Mayor Priest declared the public hearing open at 8:17 p.m.
Street System Engineer John Mulkey reviewed the street vacation process. He stated
Quadrant Corporation has petitioned the City to vacate a portion of SW 340 Street. The
area is a twenty-foot wide portion of right-of-way along SW 340 Street adjacent to lot 34 of
the Wynstone Plat. The area was used as part of a cul-de-sac prior to the development of
the plat. Mr. Mulkey reviewed the mandatory and discretionary criteria a street vacation
must meet for approval.
Mayor Priest called for public comment. Hearing none he declared the public comment
period closed.
City Council Minutes — July 5, 2011 Regular Meeting Page 3 of 6
MOTION: Councilmember Kochmar moved approval of the request for street
vacation and directed the City Attorney to prepare and ordinance vacating a
portion of the right-of-way within SW 340 Street and present to Council for first
reading upon payment for the land and granting of required easements for
utilities. Councilmember Ferrell second. VOTE: Motion carried 7-0.
MOTION: Councilmember Kochmar moved to close the public hearing.
Councilmember Burbidge second. VOTE: Motion carried 7-0.
7. COUNCIL BUSINESS
a. Diversity Commission Appointments
MOTION: Deputy Mayor Duclos moved to re-appoint Gregory Baruso and Chris
Brown as voting members with terms expiring May 31, 2014, and appoint Jessicka
Rambus as a voting member to the Diversity Commission and appoint Joseph Kuria
as an alternate member both with terms expiring May 31, 2014. Councilmember
Dovey second. VOTE: Motion carried 7-0.
8. ORDINANCES
First Reading:
a. CB #575 Citizens Initiative and Referendum Process
An Ordinance of the City of Federal Way, Washington, relating to Processing Citizen Initiafives
and Referendums; amending FWRC 1.30.070 repealing FWRC 1.30.080; 1.30.090; 1.30.100;
1.30.110; 1.30.120; 1.30.130; 1.30.140; 1.30.150 and 1.30.290.
City Attorney Richardson stated this amendment is in regards to how initiative and
referendums are processed. The current City Code specifies the form and content
of petitions and states the City Clerk is responsible (instead of King County
Elections Office) to determine if the petition is sufficient and to certify the
determination to the City Council. Staff is proposing to amend the City Code by
incorporating state law, applying consistent format throughout the Code and
clarifying the process. State law was changed in 1996 regarding the determination
of whether signatures are valid on petitions. State law also specifies the form and
necessary language for petitions. Lastly, the County is responsible for determining
the number of requisite signatures and certifying the signatures are valid.
City Clerk McNei►ly read the ordinance title into the record.
MOTION: Deputy Mayor Duclos moved approval of the proposed ordinance to
incorporate State law for the citizen and initiative and referendum process at
the July 5, 2011 City Council meeting and forward it for enactment at the July
19, 2011 City Council meeting. Councilmember Park second. VOTE: Motion
carried 7-0.
Second Reading:
b. CB #573 Christian Faith Center Development Aqreement Amendment
An Ordinance of the City of Federa/ Way, Washington, relating to amending the Christian Faith
Center Concomitant and Development Agreement, amending Ordinance No. 04-461.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to approve the ordinance.
City Council Minutes — July 5, 2011 Regular Meeting Page 4 of 6
Councilmember Ferrell second. VOTE: Motion carried 7-0. Ordinance 11-692.
c. CB #574 Amendinq Federal WaY Revised Code Chapter 12.50 Reqardinq
False Alarms
An Ordinance of the City of Federal Way, Washington, relating to false alarms; amending sections
of Chapter 12.50.
Mayor Priest stated when the ordinance was presented for first reading at the June
21, 2011 City Council meeting the Council voted to modify the proposed fee
structure for false alarms to allow the first and second alarms to be free. This
modification will be reflected in the City's Fee Schedule.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Burbidge moved approval of the proposed
ordinance updating Chapter 12.50 FWRC Alarms and authorized the Finance
Director to amend the City's Fee schedule accordingly. Councilmember Park
second. VOTE: Motion carried 7-0. Ordinance 11-693.
9. COUNCIL REPORTS
Councilmember Ferrell reported on the discussion at the FEDRAC meeting regarding the
responses from the RFQ for the AMC Theatre site.
Councilmember Kochmar thanked the Police and the Parks Departments for their work with
the Red White and Blues festival. She reported on two hearings she attended regarding the
Part 150 Noise Study.
Councilmember Park asked Police Chief Brian Wilson how many 911 calls were received
regarding fireworks on the Fourth of July and how many calls they responded to. He noted the
next FEDRAC meeting is July 26.
Councilmember Burbidge reported the next PRHSPS meeting is July 12. She noted the
SheROX Triathlon is this coming weekend. She also thanked Pastor Schmick, Habitat for
Humanity and AmeriCorps for their work in the community.
Councilmember povey reported the Seattle to Portland bike ride is this coming weekend.
Councilmember Freeman thanked the individuals who organized the Relay for Life Event. He
asked the Council to discuss Betty Taylor's request to extend the public comment period. He
asked when the crossing signals on 320 would be operational. Parks and Public Works
Director Cary Roe stated the crossing signals should be operational by late August.
Deputy Mayor Duclos thanked the staff for a wonderful job on the Red White and Blues
Festival.
10. MAYOR'S REPORT
Mayor Priest had no report.
City Council Minutes — July S, 2011 Regular Meeting Page 5 of 6
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 8:49 p.m.
ATTEST:
.
Carol McNeilly, CMC, ity Clerk
Approved by Council: July 19, 2011
City Council Minutes — July 5, 2011 Regular Meeting Page 6 of 6