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HomeMy WebLinkAboutCouncil MIN 09-16-2008 Regular ~~ Federal Way FEDERAL WAY CITY COUNCIL Council Chambers - City Hall September 16, 2008 - 7:00 PM www.cityoffederalway.com Regular Meeting Minutes CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:01 P.M. Mayor Dovey, Deputy Mayor Faison, Councilmembers Ferrell, Kochmar, Park, Burbidge and Duclos present. PLEDGE OF ALLEGIANCE Carey Kahan, from Advancing Leadership Youth, led the Pledge of Allegiance. MOTION: Councilmember Burbidge moved to add item 6e West Campus Trail Maintenance to Council Business. Councilmember Kochmar second. VOTE: Motion carried 7-0. PRESENTATIONS Proclamation: Mayor's Day of Concern for the Hungry - September 27 Deputy Mayor Faison read the proclamation into the record. Mayor Dovey stated he would like to expand this campaign to a month long event and challenged local businesses to help fill the shelves of the local food banks. He, along with other members of the City Council will be volunteering at local grocery stores on September 27 encouraging citizens to donate food items for this cause. . Presentation: Certificate of Appointments - Arts Commission Councilmember Burbidge presented certificates to newly appointed members: Linda Pratt, Maureen Hathaway and David Bauch. Presentation: Certificate of Appointments - Parks and Recreation Commission Councilmember Burbidge presented certificates to newly appointed members: Scott Chaffey, Modesto Catahan, Julio Diaz, Sheri McConnaughey, Karl Zinner, Jack Sharlock and Martin Moore. City Council Meeting Minutes September 16, 2008 Page 1 of7 Presentation: Christian Faith Center donation to Mayor's Day of Concern for the Hungry Mayor Dovey presented the Christian Faith Center a Certificate of Appreciation for their recent donation of $2,500 to the campaign to fight hunger in Federal Way. Pastor Casey Treat accepted the certificate on behalf of the Christian Faith Center and thanked the City for their efforts in helping the hungry. With the holidays coming, the Center has plans to rise to the challenge and continue their work to help those in need. Presentation: Wal-Mart Supercenter Donation's to the Art's Commission Writer's Retreat and the Federal Way Community Center Representatives Dick Mayer from Wal-Mart and Tiffany Rubright from Wal-Mart Superstore presented the Arts Commission with a check for $2,000, for the Writers Retreat and the Federal Way Community Center. Accepting on behalf of the Arts Commission was Vice Chair Betty Simpson. Mayor Dovey presented a Certificate of Appreciation to Wal-Mart for their continued support of Federal Way. City Manager Emerging Issues: · Tree Cutting/Retention: Mr. Beets reported that Councilmember Burbidge added this item to the Council Business portion ofthe agenda as item 6e. West Campus Trail Maintenance · Introduction of New Employees: Mr. Beets introduced Carol McNeilly, the new City Clerk. Ms. McNeilly has worked as the Deputy City Clerk for the City of Newcastle for the past eight years. Five of those years, she worked with former Federal Way City Clerk Laura Hathaway. CITIZEN COMMENT Bettv Tavlor- Ms. Taylor is a resident ofthe Waterbury Park Apartments. She reported that the apartment building has a serious rodent/rat problem. The management has attempted to eliminate the problem by setting traps and hiring exterminator's; however, their attempts have not been successful in resolving the issue. Rodents have gotten into residents' vehicles and caused mechanical damage. Ms. Taylor expressed the need for the City to get involved to help the residents of the apartment complex. H. David Kaplan - Mr. Kaplan spoke regarding the City Center Access Project. This project, which began in 2002, focuses on alleviating traffic congestion along 320th. He requested that the September 26 Special Meeting of the stakeholders be open to the public. Don Barovic - Mr. Barovic shared his concerns about drivers he sees applying makeup, shaving, eating etc. However, his biggest concern is drivers tossing lit cigarettes out of vehicle windows and the potential it has to start fires. He encouraged the Police to be more aggressive and cite drivers for those infractions. He would also like to see the Police patrol City Council Meeting Minutes September 16, 2008 Page 2 of7 areas of the City on foot. Jeff Partick - Mr. Patrick submitted a letter to the City Clerk and requested it be read into the record. The letter addressed traffic issues and pedestrian safety on 324th. Joann Piquette - Ms. Piquette is the president of the Federal Way Coalition of the Performing Arts. She submitted a letter to the City Clerk and requested it be read into the record. The letter provided Council with an update on the proposed performance hall and cultural center. Council member Duclos, in response to Mr. Kaplan's remarks, urged the staff to open the September 26 Special Meeting for the City Center Access to the public and include one or two stakeholders. She feels is it important for citizens to be able to hear the discussions. CONSENT AGENDA a. Meeting Minutes: Approval of the September 2, 2008 Regular and Special Meetings - APPROVED b. Low Impact Development Grant Update - APPROVED c. Le Home Demolition - Retainage Release -APPROVED d. Commute Trip Reduction (CTR) Program Implementation Agreement with King County -APPROVED e. Name for SW 363rd Open Space - Item was pulled from Consent Agenda by Councilmember Burbidge. f. Celebration Park Maintenance Building Bid Award - APPROVED g. South King Fire & Rescue's Proposed Boundary Line Adjustment -APPROVED h. Agreement between City of Federal Way & Ehli Turner Auction to Auction Surplus Vehicles and Motorcycles - APPROVED i. Bid Award for the Federal Way Police SWAT Van - APPROVED j. Grant Funding for Graffiti Abatement Program - APPROVED k. Acceptance of Sole Bidder "Sound Harley Davidson" for the Purchase of two Harley Davidson Motorcycles - APPROVED MOTION: Deputy Mayor Faison moved approval of the Consent Agenda as amended. Councilmember Kochmar second. VOTE: Motion carried 7-0. City Council Meeting Minutes September 16, 2008 Page 3 of7 COUNCIL BUSINESS Name for SW 363rd Open Space (pulled from Consent Aqenda) Council member Burbidge removed this item to call attention to the fact that if approved, the effect of this motion will not take affect until 2009 MOTION: Councilmember Burbidge moved to name the SW 363rd Open Space after Alma Bennett. Councilmember Kochmar second. VOTE: Motion carried 7-0. Update- 2008 Planninq Commission and Lonq-Ranqe Planninq Work Proqram Margaret Clark, Senior Planner, provided a brief overview of the duties handled by the Long-Range Planning Division in addition to working with the Planning Commission to complete their annual work plan, established by the City Council. Ms. Clark reviewed the 2008 Work Plan and presented a chart, which identified the following: that has been added to the plan, estimated meeting and public hearing dates, and summarized the status of each item. Councilmembers asked clarifying questions of Ms. Clark and thanked her for her presentation. City Property and liability Insurance Pat Richardson, City Attorney, reported the city worked with consultant Jim McDonald of J.G. McDonald Associates, to conduct an analysis of the city's current insurance carrier, Cities Insurance Association of Washington (ClAW), and the coverage available through Washington Cities Insurance Authority (WCIA). The analysis concluded that WCIA offers higher liability limits, which is beneficial for a city the size of Federal Way. The insurance premiums are slightly higher than what the city currently pays. However, WCIA staff will handle the majority of work associated with insurance claims, the city will have a voting representative on the WCIA Board and they offer numerous training opportunities for staff at no cost. Based on that analysis, staff recommends changing carriers to WCIA with a $100,000 deductible. The Council asked clarifying questions of staff and Mr. McDonald. Deputy Mayor Faison recused himself. MOTION: Councilmember Ferrell moved to change insurance carriers to Washington Cities Insurance Authority (WCIA) with $100,000 deductible. Council member Burbidge second. VOTE: Motion carried 6-0. Deputy Mayor Faison recused. MOTION: Councilmember Ferrell moved to appoint Councilmember Park as the delegate to the Board of Directors for the Washington Cities Insurance Authority. Councilmember Duclos second. VOTE: Motion carried 6-0. Deputy Mayor Faison recused. City Council Meeting Minutes September 16, 2008 Page 4 of7 MOTION: Council member Ferrell moved to appoint Councilmember Kochmar as the alternate delegate to the Board of Directors for the Washington Cities Insurance Authority. Councilmember Duclos second. VOTE: Motion carried 6-0. Deputy Mayor Faison recused. Lease Termination AQreement Motion to payoff lease aQreement. Pat Richardson, City Attorney, reported as part of the Pacific Highway South expansion the City acquired a piece of property with an advertising billboard located on it. Per City Code, billboards are considered non-conforming use and are not allowed. In the past, the City has allowed billboard lease agreements to expire on their own prior to having the billboard removed. However, with 5-years remaining on the lease agreement staff recommends paying off the lease agreement for $105,000 and having the billboard removed. Staff suggested using funds awarded from a previous sign-related lawsuit to payoff the agreement. Council asked clarifying questions of staff and Deputy Mayor Faison called for the question. MOTION: Councilmember Burbidge moved to authorize payment of $105,000 for the removal of the billboard located at 288th and Pacific Highway South and authorize the City Manager to execute the Early Termination Lease Agreement. Councilm~mber Kochmar second. VOTE: Roll Call Vote: Motion carried 5-1. Councilmember Ferrell dissenting, Mayor Dovey recused. Look Alike Weapon Leqislation Police Chief Brian Wilson provided a summary of the proposed Look Alike Weapon Legislation. If approved, it would amend RCW 9A.36.021 to make it a Class B felony to use or display "airsoft" or similar looking "weapons" that appear to be a firearm or other deadly weapon. He stated that earlier this year, a Federal Way Police Officer was in a pursuit where the suspect pointed a pistol, at the officer. The officer responded by drawing and discharging his firearm. The investigation following this event revealed the suspect's weapon was as an airsoft pistol and not an actual firearm. Chief Wilson noted that Dan Clark, Managing Attorney of the MRJC, King County Prosecutor's Office has shown interest in supporting this legislation. The Council stated their support for the proposed legislation and thanked Chief Wilson for his efforts to move this forward. MOTION: Council member Burbidge moved to support legislation to change the use of lookalike weapons from a Class C felony to a Class B felony. Councilmember Ferrell second. City Council Meeting Minutes September 16, 2008 Page 5 of7 VOTE: Motion carried 7-0. West Campus Trail Maintenance Steve Ikerd, Parks & Facilities Manager, presented a slideshow documenting the damage to the West Campus Trail from tree roots. The asphalt is cracking and lifting in some areas causing a tripping hazard. This is a recurring issue, and rather than continuing to repair the damage every few years, staff is proposing to remove the threatening Cottonwood Trees, replant native vegetation, and make final repairs to the path. Mr. Ikerd reviewed a letter that would be mailed residents living along the West Campus Trail notifying them of the City's plan. Funding for this project is in the CIP for major maintenance. If approved by Council, staff will solicit bids for the tree removal, replanting and asphalt repairs. MOTION: Councilmember Burbidge moved to replace certain trees along West Campus Trail. Council member Duclos second. Motion carried 6-1. Mayor Dovey dissenting. VOTE: CITY COUNCIL REPORTS Councilmember Kochmar reported that as part of the Mayors Day of Concern for the several community members will collecting food donations at local grocery stores. There have been several recent business grand-openings in the City. She reported on an upcoming Suburban City Association and Land Use & Transportation Committee meetings. The Council recently received three letters thanking the Police for the work they have done in the community. Councilmember Duclos thanked everyone for their efforts on the Mayors Day of Concern campaign. She reported on the upcoming chili cook-off between the Police and Fire Departments. She noted that she would be one of the judges for that event. Councilmember Burbidge reported on Rotary activities including collecting food for the Mayor's Day of Concern. They have also adopted the new Valhalla school, which is being built with bond funding, as a project. Earlier this evening she attended a groundbreaking event for the new school. She also reported on local and regional committee meetings she attended as well as upcoming meetings and community events. Councilmember Park reported on several upcoming meetings he plans on attending and noted the next Finance, Economic Development &Regional Affairs Committee was schedule for September 23, 2008. Deputy Mayor Faison provided a summary of the AWC Legislative subcommittee he attended that focused on land issues such as annexation methods and development regulations. The King County Growth Management Council will be discussing the development of a portion of land in Maple Valley. Mayor Dovey attended the Valley Communications Board meeting and provided an update City Council Meeting Minutes September 16, 2008 Page 60f7 to the Council. He, along with a group of business owners met with King County Executive Ron Simms regarding issues going on in the County. Federal Way High School hosted an event where they inducted fifteen former football coaches into the Federal Way Hall of Fame. Lastly, he thanked everyone for their support and efforts for the Mayors Day of Concern . CITY MANAGER REPORT City Manager Beets reported the Council was conducting an executive session regarding potential litigation pursuant to RCW 42.30.110(1 )(i). The executive session was estimated to last fifteen minutes. EXECUTIVE SESSION Potential Litigation pursuant to RCW 42.30.110(1 )(i). The Council adjourned into Executive Session at 8:56 p.m. ADJOURNMENT Mayor Dovey adjourned the meeting at 9:07 p.m. ATTEST: (!;-1d {{. (fJ(1.hi~ Ca 01 A. McNeilly, CMC City Clerk Minutes Approved by Council: October 7,2008 City Council Meeting Minutes September 16, 2008 Page 7 of7