Council MIN 06-16-2009 Regular
A Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
June 16, 2009
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Dovey called the meeting to order at 7:01 p.m.
Councilmembers present: Mayor Jack Dovey, Councilmembers Dini Duclos, Linda
Kochmar, Mike Park, Jeanne Burbidge and Jim Ferrell.
Mayor Dovey excused Deputy Mayor Eric Faison.
Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City
Clerk Carol McNeilly
2. PLEDGE OF ALLEGIANCE
Ray Gross led the Pledge of Allegiance
MOTION: Councilmember Duclos moved to add Evaluation of Qualifications of
applicants for public employment per RCW 42.30.11 O{1 )(g) to Executive Session.
Councilmember Park second.
VOTE: Motion carried 6-0.
MOTION: Council member Kochmar moved to amend the agenda to add the
designation of three voting delegates for AWC Conference as item D, under Section
6. City Council Business. Council member Ferrell second.
VOTE: Motion carried 6-0.
3. PRESENTATIONS
a. Proclamation: Amateur Radio Week
Councilmember Burbidge read the proclamation into the record. David Schwartz,
President of Federal Way Amateur Radio Club was in attendance to accept the
proclamation.
b. Student Art Winners - Arts Commission
Arts Commission Chair Susan Honda, along with Municipal Court Judge Larson
presented awards to the winners of the Uberty and Justice for All art contest. The
winners will have their artwork displayed at the Federal Way Municipal Court for one
year.
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c. City Manaqer Emerqinq Issues / Introduction of New Employees
Interim City Manager Wilson reported the City Council would conduct another study
session on June 30, 2009 at 5:30 p.m. to discuss the City's Municipal Court.
4. CITIZEN COMMENT
Marie ScicQua stated she has lost confidence in the City Council based on their decisions
to not move forward with the City Center Access Project and the Performing Arts Center.
H. David Kaplan commented on the Centerstage contract. He suggested staff amend the
language to clarify the questions citizens have provided to staff.
Dan S. Davidson spoke regarding sewer issues in his neighborhood.
Dan Altmayer, Chair of Federal Way Chamber of Commerce spoke on behalf of the
Chamber Board of Directors regarding the City Manager recruitment process. The Board
feels there is a lack of transparency on behalf of the City during this process.
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; all a Councilmember for separate discussion
and subsequent motion
a. Approval of Minutes: June 2, 2009 Special and Regular Meetings APPROVED
b. ORDINANCE: Long-Range Financial Planning & 2009-10 Budget Adjustment 1st Reading 6-
2-09 APPROVED Ordinance No. 09-616
c. 20th Place SW - 100% Design and Authorization to Bid LUTC 6-1-09 APPROVED
d. RESOLUTION: Setting Public Hearing Date for 2010-2015 Transportation Improvement
Plan (TIP) LUTC 6-1-09 APPROVED Resolution No. 09-548
e. Bid Award: SWM 20 Ton Heavy Equipment Tilt Bed Trailer LUTC 6-1-09 APPROVED
f. Approval of the Agreement between The King County Flood Zone Control District and
the City of Federal Way for Opportunity Fund Projects LUTC 6-1-09 APPROVED
g. Community Preparedness Grant PRHSPSC 6-9-09 APPROVED
h. Reprogram 2009 CDBG Capital Funds as Part of the 2010 CDBG Capital Allocation
Process PRHSPSC 6-9-09 APPROVED
i. Federal Way Community Center Cafe Construction PRHSPSC6-9-09 APPROVED
j. Federal Way Community Center Cafe Equipment PRHSPSC6-9-09 APPROVED
k. Retainage Release: CHG Building Systems PRHSPSC 6-9-09 APPROVED
I. Application for Ballistic Vest Partnership Grant PRHSPSC 6-9-09 APPROVED
m. Renewal & Extension of Red-Light Photo Enforcement Professional Services Agreement
PRHSPSC 6-9-09 APPROVED
n. SECTOR Service Level Agreement with the Washington State Patrol PRHSPSC 6-9-09
APPROVED
o. Letter of Commitment Neighborhood Stabilization Program II PRHSPSC 6-9-09 APPROVED
MOTION: Councilmember Kochmar moved approval of the Consent Agenda.
Council member Ferrell second.
VOTE: Motion carried 6-0.
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6. COUNCIL BUSINESS
a. City of Federal Way HousinQ and Job Taroets Update
Senior Planner Margaret Clark provided a brief presentation on the housing and job
targets recommended by the King County Growth Targets Committee. These figures will
be presented to the Growth Management Planning Committee on July 15, 2009. If
approved, the numbers will come back to the Council for ratification. Federal Way is one
of ten cities that are part of Vision 2040, a long-range strategy for growth management.
Federal Way's target ranges are as follows: 7,695 to 8,505 housing units with a mid-
point of 8,100 units and 11,685 to 12,915 jobs with a mid-point of 12,300 jobs.
b. Centerstaoe ManaQement Contract
Assistant City Manager Cary Roe introduced Allen Bryce, a representative from
Centerstage. Mr. Roe provided background information on the contract, and stated the
City has met with representatives from Centerstage multiple times to negotiate the
contract presented tonight. Mr. Roe reviewed portions of the agreement and stated the
City estimates saving $50,000 by entering into this agreement. The Council asked
clarifying questions of staff.
MOTION: Councilmember Duclos moved to approve the agreement as proposed.
Councilmember Ferrell second.
VOTE: Motion carried 6-0.
c. RESOLUTION: To form North Lake ManaQement District Number Two: Callino for a
Vote by Affected Property Owners on the Formation of the Proposed District
Surface Water Manager Will Appleton provided a brief history of this item and stated the
Council approved a Resolution to establish the Northlake Management District Number
Two on June 2, 2009. The next step in the process is to approve a Resolution calling for
a vote by affected property owners.
MOTION: Councilmember Duclos moved to approve the Resolution.
Councilmember Ferrell second.
VOTE: Motion carried 6-0. Resolution No. 09-549
d. Desionation of Three VotinQ DeleQates for The AWC Conference
MOTION: Council member Kochmar moved to appoint the following as voting
delegates at the AWC Annual Conference; Councilmembers Kochmer, Park &
Deputy Mayor Faison. Councilmember Ferrell second.
VOTE: Motion carried 6-0
7. INTRODUCTION AND FIRST READING OF ORDINANCES
a. Pacific Hiohwav South HOV Lanes Phase IV Proiect Condemnation
An ordinance of the City of Federal Way, Washington, providing for the acquisition of certain property for the
purpose of constructing right-of-way improvements in the vicinity of Pacific Highway South from South 31th to
Dash Point Road, know as the Pacific Highway South HOV Lanes Phase IV project; describing the public use
and necessity of such property; directing staff to exhaust reasonable negotiation efforts to purchase such
property, providing for the condemnation of the property; and directing the city attorney to initiate all necessary
actions and proceedings in the manner provided by law for said condemnation if attempts to purchase are not
successful.
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Street Systems Project Engineer Brian Roberts stated staff has been trying to acquire
right-of-way as part of the Pacific Highway South HOV Lanes Phase IV Project. Staff is
currently engaged in negotiations with property owners; however, the City is working under
a deadline to start the bid process for this project and does not want to jeopardize grant
funding that has been secured if property owners do not want to negotiate. Staff is asking
the Council to approve the Ordinance for condemnation which will be used as a last resort.
City Clerk Carol McNeilly read the Ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the Ordinance to second
reading and enactment on July 7, 2009. Council member Ferrell second.
Public Comment:
Joe Asahara, owner of the Oriental Garden Center on 308 TH asked the Council if they
planned on compensating business owners for the loss of business during construction of
the Phase IV Project.
VOTE: Motion carried 6-0
INTRODUCTION AND ENACTMENT OF ORDINANCES
b. Amendments to FWRC 4.05.060 ReQardinQ Park Hours
An Ordinance of the City of Federal Way, Washington, relating to park hours; amending FWRC 4.05.010,
Definitions; amending FWRC 4.05.060, Closing Hours - Unlawful entry; and declaring an emergency.
Interim Police Chief Andy Hwang stated the City is seeking emergency approval of an
ordinance amending park hours. The Police Department reported an increase in
complaints regarding activity in City parks after dark. Currently City parks are closed
between 12:00 a.m. and 5:00 a.m. Staff is recommending the Council amend the park
hours to close at dusk.
City Clerk Carol McNeilly read the Ordinance Title into the record.
MOTION: Council member Duclos moved approval and enactment of the Ordinance.
Councilmember Burbidge second.
VOTE: Motion carried 6-0. Ordinance No. 09-617.
8. COUNCIL REPORTS
Councilmember Duclos reported on the Regional Policy Committee meeting she attended.
Topics included Solid Waste, funding for the homeless and gang violence.
Councilmember Ferrell reported on the Flag Day Celebration at the King County Aquatics
Center. The City will be hosting a Fourth of July event at Celebration Park.
Representatives from the City and the Community will be going to Maryland for Emergency
Management Training.
Councilmember Park reported the Korean Community Meeting is June 18, 2009 and the
next FEDRAC meeting is Monday, June 22,2009.
Councilmember Burbidge reported on the South County Area Transportation Board
meeting where discussions focused on possible transit route reductions. She will be
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attending the Puget Sound Regional Transit Board meeting which has allocated funding
for Federal Way traffic projects.
Councilmember Kochmar reported on two upcoming Suburban Cities Association
meetings.
Mayor Dovey reported on an upcoming SCORE meeting. He responded to the public
comments regarding the City Manager recruitment process. The Council has formed a
committee that reviewed and evaluated 84 applications. Once the final applicants have
been selected, the Council will invite the public to participate in the recruitment process.
9. CITY MANAGER REPORT
Interim City Manager Wilson reiterated that fireworks are not legal in the City.
Mr. Wilson stated the Council would be adjourning into Executive Session for
approximately 45 minutes.
10. EXECUTIVE SESSION
The Council adjourned to Executive Session at 8:53 p.m. to discuss potential litigation
pursuant to RCW 42.30.110(1 )(i) and evaluation of qualifications of applicants for public
employment pursuant to RCW 42.30.110(1 )(g).
At 9:40 p.m. City Attorney Pat Richardson announced the Council was taking a five minute
break and would continue in Executive Session for an additional 30 minutes. Council
adjourned from Executive Session at 10: 11 p.m.
11. ADJOURNMENT
With no further business before the Council, Mayor Dovey adjourned the meeting at 10:12
p.m.
Attest:
{lQJldLf~Q ~~tJ
Carol McNeilly, MC . 1
City Clerk
Approved by Council: July 7, 2009
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