Council MIN 05-06-2008 Regular
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
May 6, 2008- 7:00 PM
MINUTES
1. CALL MEETING TO ORDER
Mayor Dovey opened the regular meeting at 7:05 PM. Councilmembers
Burbidge, Duclos, Ferrell, Kochmar, Park and Deputy Mayor Faison present.
MOTION: Deputy Mayor Faison moved to amend the agenda to add item "f'
under Council Business to respond to Judge Morgan's attorneys' letter requesting
the City pay his attorneys' fees on behalf of the Municipal Court opposing the
release of the Stephson report; and to authorize a cross-appeal on the court's
denial of the City's request for its fees and costs. Councilmember Ferrell second.
The motion carried 7-0.
2. PLEDGE OF ALLEGIANCE
Councilmember Duclos led the Flag Salute.
3. PRESENTATIONS
City Manager Emerging Issues - No issues to report.
4. CITIZEN COMMENT
Ron Tremaine - spoke in support of the 356th sub-area rezone.
Nancv Combs - spoke in support ofa 4-way stop sign at 304th and 21st Ave SW.
Stewart Battle- spoke in support of the Homeowners and Bank Protection Act.
Juliette Lamovrex - spoke in support of the Homeowners and Bank Protection
Act.
Betty Tavlor - spoke in support of new technology to stop car thieves - left
several articles regarding the issue.
Peggy LaPorte - spoke in support of the Performing Arts Center.
H. David Kaplan - spoke in opposition to the re-zone, he noted the need is for a
range of zoning in the city with varied housing choices.
Jim Burbidge - spoke in support of the Performing Arts Center.
Federal Way City Council Regular Meeting Minutes
May 6, 2008 - Page 2 of 4
Donald Barovic - asked City and citizens to do more to stop stormwater dumping
in Hylebos Creek.
Steve McWilliams - spoke in support of the 356th Sub-area rezone.
Garrett Huffinan - spoke in support of the 356th Sub-area rezone.
Suzanne Lee-Odell- spoke in support of the 356th Sub-area rezone.
Phil Wamba - spoke in support of the Performing Arts Center.
Harry Johnson - spoke in opposition to the 356th Sub-area rezone.
Dick Mayer - announced the Federal Way Relay for Life will take place on May
17,2008.
5. CONSENT AGENDA
Items listed below have been previously reviewed 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 separate discussion
and subsequent motion.
a. Minutes: Approval of the April 15, 2008 Regular Meeting
b. Approval of Vouchers
c. Monthly Financial Report - March 2008
d. Donation of Four Retired Police Vehicles to the School District
e. Lake Jeane/Lake Lorene Outlet Improvements Project Bid Award
MOTION: Deputy Mayor Faison moved approval of the Consent Agenda as
presented. Councilmember Park second. The motion carried 7-0.
6. CITY COUNCIL BUSINESS
a. 356th Sub-area Study -
Senior Planner Margaret Clark made a brief presentation on this issue reviewing
the different zoning options. Staff is seeking direction from Council whether to
move forward.
Mayor Dovey explained he brought this issue forward. He stated that as the
former Chair of the Land Use/Transportation Committee, they entertained zoning
change requests from this area frequently; his suggestion was to look at rezoning
the entire area so citizens would not have to come forward individually each
year.
Councilmember Ferrell asked how long the study would take. Ms. Clark stated
they should be able to have the study done by September and the cost of the
study would be approximately 55 hours at $50.00 per hour in-house/ $100.00 per
hour with an outside consultant.
Federal Way City Council Regular Meeting Minutes
May 6, 2008 - Page - 3 - of 4
MOTION: Councilmember Kochmar moved to approve the 356th Sub-area
Study forward in the process. Councilmember Duclos second. The motion failed
4-3; Councilmembers Park, Ferrell, Burbidge and Deputy Mayor Faison
dissenting.
b. City Limit Entrance Signs -
City Traffic Engineer Rick Perez reviewed the proposed entrance signs,
including one that was not presented at the Land/Use Transportation Committee.
MOTION: Deputy Mayor Faison moved approval to duplicate the City Limit
Entrance Signs to be consistent with the City Banners already in existence.
Councilmember Burbidge second. The motion carried 7-0.
c. Jansen v. City of Federal Way proposed settlement-
City Attorney Pat Richardson directed the Council to a revised version of the
proposed settlement at the dais. This settlement arose out of a construction
contract with Jansen Inc., a construction company, for a stream restoration
project done in 2006. The proposed settlement does not admit liability on the part
of the city and includes a settlement and monies still owed under the current
contract. Payment will occur only after Jansen finished outstanding work and
indemnify the City from approximately $350,000 in outstanding claims for work
done by subcontractors.
MOTION: Councilmember Kochmar moved approval of the revised proposed
settlement. Councilmember Duclos second. The motion carried 7-0.
d. Myung Hong Claim proposed settlement -
This settlement arose out of an auto accident involving a Federal Way Police
Officer in the 200th block of SW 330th Street. Canfield and Associates have
already settled the property damage for both vehicles and invoiced the City at
$11,584.12, which is within the city's deductable. The remaining settlement of
$30,000 is in regards to Ms. Hong's injuries resulting from the accident.
MOTION: Deputy Mayor Faison moved approval of the proposed settlement
agreement as presented. Councilmember Kochmar second. The motion carried 7-
o moved approval of the settlement agreement 7-0.
e. Speeial MeetiRg Agenda Topies Disel:lssieR eeatiJ.:med here if Reeded
f. ADDED ITEM: Judge Morgan's request for attorney fee's or behalf of
the Municipal Court opposing the release of the Stephson report and authorizing
a cross-appeal on the court's denial ofthe City's request for its fees and costs-
MOTION 1: Deputy Mayor Faison moved to deny payment of Judge Morgan's
legal fees incurred in opposing the release of the Stephson report.
Councilmember Kochmar second. The motion carried 7-0.
MOTION 2: Deputy Mayor Faison moved to authorize the cross-appeal of the
Court's denial of the City's fees and costs incurred in responding to Judge
Federal Way City Council Regular Meeting Minutes
May 6, 2008 - Page - 4 - of 4
Morgan's lawsuit against the city. Councilmember Kochmar second. The motion
carried 7-0.
7. CITY COUNCIL REPORTS
Councilmember Burbidge announced the next ParksIRecreation/Human
Services/Public Safety Committee meeting is scheduled for May 13,2008 at 5:30
PM. She further noted she recently attended a ribbon cutting ceremony at the
Kid's Workshop which offers art classes to young people; and reminded citizens
of Women's Heatlth Week May 11-17 at St. Francis Hospital. She updated
citizens and council on various regional committee and community events.
Councilmember Ferrell stated he attended the Sound Transit Board meeting and
they announced they will give the public the opportunity to vote on the full
vision for light rail (including Federal Way) at a .4 or .5 Sales Tax increase.
Councilmember Kochmar stated the next Land Use/Transportation Committee
Meeting is scheduled for May 19th at 5:30 PM. She thanked the Police
Department for their attendance at a neighborhood meeting to address concerns;
she announced the Hylebos Boardwalk is now open and also thanked staff for
putting on the Volunteer Dinner.
Mayor Dovey announced the next Town Hall Meeting is scheduled for May 12,
2008.
8. CITY MANAGER REPORT
City Manager Neal Beets reported on the May 3, 2008 Health Fair held at the
Community Center. Approximately 400 people were in attendances and he
thanked all the practitioners and volunteers who made this event a success.
Mr. Beets also announced the Council's Executive Session is scheduled to last
approximately 20 minutes with no action anticipated.
9. EXECUTIVE SESSION
Council adjourned to Executive Session at 9:05 PM to discuss the following:
a. Potential Litigation pursuant to RCW 42.30.110(1)(i)
b. Collective Bargaining pursuant to RCW 42.30. 140(4)(a)
10. ADJOURNMENT
Mayor Dovey adjourned the regular meeting at 9:23 PM
ATTESf:
Laura K. Hathaway, Ity Clerk
Approved by Council on: 2(t:X::>.!oi