Council MIN 09-20-2011 RegularCITY OF
,�. Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
September 20, 2011
7:00 p.m.
www. cityoffederal wa y. com
1. CALL MEETING TO ORDER r� `
Mayor Priest called the meeting to order at 7:03 p.m.
Elected officials 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.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Hope Elder led the Pledge of Allegiance.
3. PRESENTATIONS
Mayor Priest announced that the Council was re-arranging the order of the presentations on
tonighYs agenda. First will be the Mayor's Day of Concern for the Hungry Proclamation, then
the Marine Hills Swim Team Proclamation and lastly the Police Chief's Awards presentation.
a. Proclamation: Mavors Dav of Concern for the Hunqrv — September 24. 2011
Mayor Priest stated the community has the opportunity to help those less fortunate
through food donations. Waste Management has begun collecting food donations during
their routes. In addition, there are six food collection locations for this event, Twin Lakes
Fred Meyers, Albertsons, Safeway on S 320 TOP Foods and both Wal-Mart locations.
Collection hours on September 24 are 10:00 a.m. to 2:00 p.m. Volunteeropportunities are
available staffing these collection locations as well as at the Multi-Service Center Food
Bank.
Mayor Priest then read the proclamation into the record and presented it to Linda Purlee
from the Multi-Service Center Food Bank. Ms. Purlee thanked the City for theirefforts and
taking such an active role in this event.
b. Proclamation: Marine Hills Swim Team
Councilmember povey reported the Marine Hills Swim Team won its first everAll-City meet
championship in August, after posting its first unbeaten regular season in the Seattle
City Council Meeting Minutes — September 20, 2011 Page 1 of 8
Summer Swim League. Councilmember povey read the proclamation into the record and
presented it to swim team coached Doug Djang, Tommy Cunningham, Jonathon Hiett
and Scott Rice. The coaches thanked the Council for recognizing the swim team.
c. Police Chiefs Commendation. Life Savinct Award and Certificates of Merit
Police Chief Brian Wilson presented the following awards:
Commander Chris Norman received the Police Chief s Commendation. He led the
development and manages the Safe City Program, is a liaison between the Police
Department and St. Francis HospitaL
O�cer Chris Martin received the Police Chief's Commendation for highly professional
conduct. He served as the family liaison for fallen Officer Brian Walsh and the Police
Department.
Crime Prevention Analysis Lindsey Tiroux was hired as a crime analyst and prevention
specialist. She was awarded with the Police Chief's Cornmendation for her tireless efforts
in support of fallen Officer Brian Walsh's family.
Officer Nick 1Nong received the Life Saving Award. Officer Wong was the first Potice
responder to an auto collision. He, along with two citizens performed CPR on the driver
and is credited with saving the life of the driver.
Detective Heather Castro received a Certificate of Merit for her efforts with a rape of a
child case that occurred in 2007 and her efforts to see the case through to a close.
Quartermaster Kristen Gregory received a Certificate of Meritforoutstanding performance
of her duties. Ms. Gregory works with police volunteers, and is always professional and
good natured.
d. Mavor's Emerqinq Issues
Mayor Priest stated there were three emerging issues this evening.
• State Audit Reqort
Mayor Priest announced that the City concluded their annual State audit, and for the
17th consecutive year, the audit report shows no findings. Finance Director Tho Kraus
reviewed the annual audit report which focused on Federal Grant compliance,
financial statement reporting and accountability.
• Advanced Certificate of Municipal Leadership
Mayor Priest reported that Councilmember Burbidge received an Advanced Certificate
of Municipal Leadership from the Association of Washington Cities. Councilmember
Burbidge completed over sixty hours of training to receive the certificate. The program
is designed to enhance the ability of elected municipal officials by providing knowledge
and skills to effectively operate within the law, plan for the future, secure and manage
funds and foster community relationships.
• Communitv Development Block Grant Process Report
Administrative Services Director Bryant Enge provided an update on the CDBG
process. The City is now operating under a Direct Entitlement Process. One
requirement is for the City to develop a Consolidated Plan. A public hearing on the
City Council Meeting Minutes —September 20, 2011 Page 2 of 8
plan was held on September 6, 2011. Staff will be bringing this item back to Council
on October 4, 2011 for Council input.
The City is also working on Community Economic Revitalization funding. There is
$700,000 in funding available. Prioritization is for projects that stimulate jobs and
economic development. The City received five acceptable proposals for Community
Economic Revitalization funding, totaling $1.1 million. City staff and the Human
Services Commission are reviewing the proposals and will retum to Council on
October 4, 2011 with a recommendation.
Dee Dee Catalano provided some background on the 2011-2012 Human Service
Grant Funds. Funding recommendations are provided by the Human Services
Commission and approved by the Council. Ms. Catalano reviewed how agencies that
are funded by the City are using their funds to help community members.
4. CITIZEN COMMENT
Chris Hoffman, a Federal Way business owr�er who has received citations for the banners
located on her business; would like to see advertising banners allowed in the City.
Clara McArthur spoke about an article in the Federal Way Mirror that covered the Special
Meeting where the Council discussed term limits.
Norma Blanchard spoke about an article in the Federal Way Mirror that referenced a special
election that occurred in 2009. She would like to see the timeframe for collecting initiative and
referendums extended to 180 days.
Hope Elder invited the Council to attend a meeting sponsored by the SoroptomisYs that
focuses on human trafficking in the community on September 29, 2011
Mike and Carol Stanlev provided a report on the community garden projects. They deliver
befinreen 500 -600 pounds of food each week to Meals on Wheels, the Senior Center and
more. They thanked the Council for their support on these projects.
Denise Yun spoke regarding term limits. She supports self impased term limits and feels
Councilmembers can be voted out by the people during elections.
5. CONSENT AGENDA
Items listed be/ow 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 CouncNmember for separate discussion and subsequent mofion.
a. Minutes: September 6, 2011 Special and Regular Meeting
b. 2011 Emergency Management Performance Grant Award
c. First Amendment to the Thundering Oak Enterprise Agreement
d. School Resource Officer Contract
e. Memo of Agreement with Federal Way Police Department and Homeland Security,
allowing permission to utilize certain Federal Way Police radio frequencies on a limited
basis for emergency preparedness
f. 20 Avenue S. Sidewalk Improvements Project (S 314 St. to S 316�' St) — Project
Acceptance
City Council Meeting Minutes — September 20, 2011 Page 3 of 8
g. 2010 Pedestrian Safety Project — Project Acceptance
h. 2011 Asphait Overlay Project — Project Acceptance
i. Transportation Demand Management Implementation Agreement with WSDOT
j. Commute Trip Reduction (CTR) Program Implementation Contract with King County
Motion: Deputy Mayor Duclos moved approval of consent agenda items 5.a. through
5.j. Councilmember Kochmar second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
6. COUNCIL BUSINESS
a. Youth Commission Appointments
The Council conducted interviews of applicants for the Youth Commission at a Special
meeting on September 20, 2011. �
Motion: Councilmember Burbidge made the following appointments to the Youth
Commission: Stephanie Stanek, Sylvia Kim, Jina Yi, Ariana Steele, Brianna Lord,
James Kim, Alex Han, Tyler Rivera and Vivek Ramanujan.
Councilmember Kochmar second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
7. ORDINANCES
First Reading:
a. CB #584 Creatinq FWRC 6.40A25 of the Federal Wav Revised Code Reqardinq
Identifir Theft
An ordinance of the City of Federal Way, Washington, relafing to identity theft; creating a new
section 6.40.025 of the Federal Way Revised Code.
Assistant City Attomey Amy Jo Pearsall presented information on this item. The
crime of identity theft, as outlined in the Revised Code of Washington is a felony.
However, King County Prosecutors sometimes decline identity theft cases due to
limited resources. Federal Way currently does not have a crime of identity theft
that would allow the prosecutor to charge some of the cases declined by King
City Council Meeting Minutes — September 20, 2011 Page 4 of 8
County. Staff recommends creating a new section to the Federai Way Revised
Code - FWRC 6.40.025, Identity Theft, non-felony that would allow the City
Prosecutor the option to file misdemeanor charges if or when felony charges are
declined.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Burbidge moved to forward the ordinance to the
October 4, 2011 Council meeting for second reading and enactment.
Councilmember Park second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmembex Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
b. CB #585 Amend Sections of the Federal Wav Revised Code to complv with
Senate Bill 5168
An ordinance of the City of Federal Way, Washington, relating to the maximum penalty for a gross
misdemeanor,� revising sections FWRC 6.15.020 and 6.05.070.
Assistant City Attomey Amy Jo Pearsall presented information on this ordinance.
The State Legislature passed SB 5168, which became effective July 22,2011; this
bill reduces the maximum sentence for a gross misdemeanor from 365 days to
364 days. The Federal Way Revised Code (FWRC) contains finro sections that
refer to the maximum sentence for a gross misdemeanor as one year. Staff has
drafted and ordinance to amend the FWRC to comply with SB 5168.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Burbidge moved to forward the ordinance to the
October 4, 2011 Council meeting for second reading and enactment.
Councilmember Park second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember FerrelL• Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes �
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
Second Reading:
c. CB #580 FWRC Amendment to Allow Animal Kennels and Animal Care Facilities
in the Neiqhborhood Business Zone
An ordinance of fhe City of Federal Way, Washington, relating to allowing anima/ kennels and
animal care facilities in the Neighborhood Business, Community Business, and Commercia!
Enterprise zones; amending FWRC 19.215.040, 19.220.101 and 19.240.100
City Council Meeting Minutes — September 20, 2011 Page S of 8
Mayor Priest stated at their September 6, 2011 meeting the Councii moved to
forward this ordinance to second reading and enactment. At that time, Council had
questions regarding noise, the number of animals in a kennel/facility and animal
licensing requirements.
City Attomey Richardson provided the following information. Currently the FW RC
does not require kennels, veterinarians, or animal shelters to accept only City
licensed animals. There are several licensing exemptions such as non-resident
animals, service animals and animals that have not reached a certain age.
Regarding limiting facilities to a maximum number of animals, the City regulates
kennels based on the health and safety of the animals and the Department of
Health inspects kennels. Neither the City or the Department of Health regulate
based on the number of animals but focuses on facility sanitation, purpose of
kennel and the ability to separate sick animals.
In regards to addressing noise, the City has two ways for addressing animal noise.
FWRC 9.18.100 states the Police can enforce animal public nuisance noise, and
Code Enforcement can enforce the State's noise decibel level standards.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Kochmar moved approval of the ordinance.
Deputy Mayor Duclos second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0. Ordinance 11-700
d. CB #581 FWRC Amendments Relatinct to SeatinQ Capacitv of Restaurants
An ordinance of the City of Federa! Way, Washington, relating to seating capacity of restaurants
in the Office Park zone; amending FWRC 19.235.020
Mayor Priest stated at their September 6, 2011 meeting Council moved this
ordinance to second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Kochmar moved approval of the ordinance.
Deputy Mayor Duclos second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0. Ordinance 11-701
City Council Meeting Minutes — September 20, 2011 Page 6 of 8
e. CB #582 Vacatinq a Portion of SW 340�'' Street
An ordinance of the City of Federal Way, Washington, relatin�q to vacating a portion of
Southwest 340� Street located on the south side of SW 340� Street, wesf of 13 Court adjacent
to /ot 34 of Wynstone Plaf at Federal Way
Mayor Priest stated at their September 6, 2011 the Council moved this
ordinance to second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Kochmar moved approval of the ordinance.
Deputy Mayor Duclos second.
VOTE: �
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0. Ordinance 11-702
8. COUNCIL REPORTS
Councilmember Freeman stated he polled citizens regarding the topic of te�rn limits and feels
it is not a hot issue for the public. He enjoyed the Han Woo-Ri Festival, and is looking forward
to next year's event.
Councilmember povey reported the regional Radio Committee is discussing reptacing the
finro-way radio system that law enforcement agencies use. He and the Mayor had the
opportunity to speak to the Advancing Leadership students today about govemment.
Councilmember Burbidge reported October 11, 2011 is next PRHSPSC meeting. She will be
attending meetings of the King County Regional Transit Committee as well and the State
Transportation Board. She reported on upcoming community and performing art events.
Councilmember Park reported the next FEDRAC meeting is September27, 2011. He reported
the Han Woo-Ri was a success, including the B-Boy dance competition. The third quarter
Korean Quarterly meeting has been rescheduled to September 30, 2011.
Councilmember Kochmar encouraged citizens to put food donations out for Waste
Management to collect this week. St. Vincent's Church is celebrating its 50"' Anniversary. The
Police and Fire Departments are having a Chili Cook off at this weekend's Farmers Market
The Red-Cross is also hosting an emergency preparedness workshop at the Commons Mall
this weekend.
Councilmember Ferrell had no report.
Deputy Mayor Duclos reported on the September 11 recognition events she attended. The
Metropolitan Solid Waste Agreement is still being negotiated. The upcoming Regional Policy
Committee meeting has been postponed. '
City Council Meeting Minutes — September 20, 2011 Page 7 of 8
9. MAYOR'S REPORT
Mayor Priest thanked Councilmember Park as well as Community and Economic
Development Director Patrick Doherty for their roles with the Han Woo-Ri Festival.
10. EXECUTIVE SESSION
The Council did not adjoum to executive session.
11. ADJOUF'tNMENT
With no additionat business before the Council, Mayor Priest adjoumed the meeting at .
9:01 p.m.
Attest:
1 1 �%`
Carol McNeilly, CMC, ity Clerk
Approved by Council: October 4, 2011
City Council Meeting Minutes — September 20, 2011 Page 8 of 8