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Council MIN 07-07-2009 Regular A Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 7, 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, Deputy Mayor Eric Faison, Councilmembers Dini Duclos, Mike Park, Linda Kochmar, Jeanne Burbidge and Jim Ferrell. Staff present: Financial Services Administrator Bryant Enge, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the pledge of allegiance. 3. PRESENTATIONS a. City Manager Emerging Issues / Introduction of New Employees Financial Services Administrator Enge reported the company that provides vehicle maintenance for the City is going out of business. The City will issue an RFP for a new provider 4. CITIZEN COMMENT Gene Loher. Federal Way business owner spoke seeking clarification on how the SR99 HOV Project will affect his property. Donald Baravek. spoke in favor of the City keeping the Municipal Court William J. Murphv. spoke against the SR99 HOV Lane project. He feels the project will negatively impact local businesses. He also spoke against the City contracting with King County for court services. Diana Noble-Gulliford, spoke regarding the Surface Water Management Ordinance. She suggested staff look at city center core for LID. Rick Bathum, Assistant Presiding Judge for King County Court spoke in favor of the City contracting with King County for court services. City Council Minutes - July 7, 2009 Regular Meeting Page 1 of5 Judy Garcia, Federal Way resident and King County Court employee. She spoke in support of the City contracting with King County for court services. Betty Taylor, spoke about issues with the management at Waterberry Park Apartments. Barbara Reed, spoke in support of the City keeping the Municipal Court. She also urged the Council to move forward with the City Manager search. Barbara Linde, Presiding Judge for King County District Court, summarized the services King County could offer the City. 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 items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Approval of Minutes: June 12, 2009 Special Meeting, June 16, 2009 Special & Regular Meetings APPROVED b. Vouchers FEDRAC6-22-09 APPROVED c. Monthly Financial Report FEDRAC 6-22-09 APPROVED d. Tourism Enhancement Grant (TEG) Application FEDRAC6-22-09 APPROVED e. ORDINANCE: Pacific Hwy. South HOV Lakes Phase IV Condemnation First reading 6-16-09 APPROVED Ordinance No. 09-618 f. enterpriseSeattle Proposed Study of Medical Device Innovation and Commercialization Incubator in Federal Way FEDRAC 6-22-09 APPROVED MOTION: Deputy Mayor Faison moved approval of Consent Agenda. Councilmember Duclos second. VOTE: Motion carried 7-0. 6. PUBLIC HEARING a. RESOLUTION: Six Year Transportation Improvement Program & Arterial Street Improvement Plan LUTC 6-15-09 Mayor Dovey opened the public hearing at 7:30 p.m. City Traffic Engineer Rick Perez stated the City is required to update the Traffic Improvement Plan (TIP) annually. He reviewed projects that were completed in 2008, projects that were added to the 2009-2014 TIP as well as projects that were revised. Public Comment: H. David Kaplan recommended Council include the widening of 28th Ave. South in the 2010-2015 CIP rather than 2009-2020 CIP. Deputy Mayor Faison suggested removing Project number 18. South 320th Street- 1 sl Ave. South - 8th Ave. South HOV Lanes and Median. The Council discussed this recommendation and asked clarifying questions of staff. Project numbers 2 and 4 are connected to project number 18; they continue improvements along South 320lh Street. The cost to complete all three of those projects is 45 million dollars. City Council Minutes - July 7, 2009 Regular Meeting Page 2 of5 MOTION: Deputy Mayor Faison moved to eliminate projects 2,4 & 18 from the 2009- 2014 Transportation Improvement Plan. Councilmember Burbidge second. MOTION: Councilmember Ferrell moved to call the question. (Clerk's Note: no action was taken on this item) VOTE: Main Motion to eliminate projects 2, 4, and 18 from the 2009-2014 Transportation Improvement Plan carried 4-3. Mayor Dovey, Councilmembers Kochmar and Park dissenting. MOTION: Councilmember Kochmar moved approval of the 2009-2014 Transportation Improvement Plan as amended. Councilmember Ferrell second. VOTE: Motion carried 7-0 7. COUNCIL BUSINESS a. Performance Audit of Impact Fees -Information Only FEDRAC6-22-09 Finance Director Tho Kraus reported the State Auditors Office previously conducted an audit of the City's Impact Fees. Initiative 900 requires an annual report detailing the status of the Auditor's recommendations be submitted by July 1st. Ms. Kraus reviewed the annual report the City submitted to the Auditors Office. b. Search for City ManaQer FEDRAC 6-22-09 Human Resources Director Mary McDougal stated staff was directed to prepare a Request for Proposal (RFP) for a search firm to assist with the City Manager recruitment. Ms. McDougal reviewed the RFP and the timeline. The Council asked clarifying questions of Ms. McDougal and discussed various ways to expedite the recruitment process. MOTION: Deputy Mayor Faison moved to direct staff to interview search firms and provide the City Council with a recommendation at their July 22, 2009 meeting. Councilmember Duclos second. VOTE: Motion failed 3-4. Mayor Dovey, Councilmembers Ferrell, Kochmar and Park dissenting. MOTION: Councilmember Park moved approval of the Request for Proposal as presented and to expedite the recruitment timeline. Councilmember Kochmar second. VOTE: Motion carried 6-1 Mayor Dovey dissenting. 8. INTRODUCTION I FIRST READING OF ORDINANCES a. NPDES Code Amendments and Manual Adoption LUTC6-15-09 Surface Water Manager Will Appleton reviewed the implementation of the NPDES Process as well as what steps the City has taken towards implementation. City Clerk Carol McNeilly read the Ordinance title into the record. City Council Minutes - July 7, 2009 Regular Meeting Page 3 of5 MOTION: Councilmember Kochmar moved approval to forward this ordinance to second reading/enactment at the July 21, 2009 Regular Council Meeting. Councilmember Duclos second. VOTE: Motion carried 7-0. b. Grantino a Non-Exclusive Franchise to Comcast for PEG Capital Support FEDRAC 6-22-09 City Clerk Carol McNeilly read the Ordinance title into the record. MOTION: Councilmember Park moved approval to forward this ordinance to second reading/enactment at the July 21, 2009 Regular Council Meeting. Councilmember Duclos second. VOTE: Motion carried 7-0. 9. COUNCIL REPORTS Councilmember Burbidge reviewed the agenda for the next Parks, Recreation, Human Services, Public Safety Committee (PRHSPSC) Meeting. She reported on upcoming meetings including a hearing on the Draft 20/40 Plan. She thanked everyone who was involved in the Red While and Blues Festival. It was a successful event. Councilmember Duclos reported that she toured Cedar Hills Landfill. She reported on upcoming meetings. Councilmember Ferrell reported that he will be touring the Howard Hanson Dam. He stated the Red White and Blues Festival was great and thanked staff for all of their work. Councilmember Kochmar reported on an upcoming Suburban Cities Association Public Issues Committee. She reported the next Land Use/Transportation Committee (LUTC) would be July 20, 2009. Councilmember Park also thanked staff for their work on the Red White and Blues Festival. He reported the next Finance, Economic Development, Regional Affairs Committee (FEDRAC) meeting is July 28,2009. Deputy Mayor Faison reported on an upcoming Puget Sound Growth Management Planning meeting. Mayor Dovey reported on an upcoming Valley Communication meeting. There will be a Public Haring on the SCORE facility. 10. CITY MANAGER REPORT Financial Services Administrator Bryant Enge reported on items that will be coming to Council on July 21, 2009. Council will also be conducting a study session on the Performing Arts Center on that date. Interim Police Chief Andy Hwang provided a report on the Fourth of July activities. There were not injuries reported, only twelve citations were issued and firework complaints were low. City Council Minutes - July 7, 2009 Regular Meeting Page 4 of5 11. EXECUTIVE SESSION The City Council did not conduct an Executive Session. The Council ::ldjourned to Executivo Session to discuss potentiallitig::ltion pursuant to RCW 12.30.110(1 )(i) 12. ADJOURNMENT Mayor Dovey adjourned the meeting at 9:28 p.m. ATTEST: Approved by Council: July 21,2009 City Council Minutes - July 7, 2009 Regular Meeting Page 50f5