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Council MIN 08-04-2009 Special/Regular A Federal Way MINTUES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall AUGUST 4,2009 5:30 P.M. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 5:30 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Mike Park, Jim Ferrell, Jeanne Burbidge, Linda Kochmar and Dini Duclos. Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Council adjourned to Executive Session at 5:30 p.m. for approximately 60 minutes to discuss potential litigation pursuant to RCW 42.30.110(1 )(i). Councilmember Kochmar adjourned from Executive Session at 5:45 p.m. The Council adjourned from Executive Session at 6:27 p.m. 3. ADJOURN Mayor Dovey adjourned the meeting at 6:28 p.m. ATTEST: rk Approved by Council: September 1, 2009 City Council Minutes - August 4, 2009 Special Meeting Page 1 of 1 A Federal Way FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall AUGUST 4, 2009 - 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:00 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Mike Park, Jim Ferrell, Jeanne Burbidge, Linda Kochmar and Dini Duclos. Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Councilmember Ferrell Led the pledge of allegiance. 3. PRESENTATIONS Ceremonial SwearinQ In of Police Officers Interim Police Chief Andy Hwang introduced Officers Carl Van Dyke and Jedidiah Tan. City Clerk Carol McNeilly conducted the ceremonial swearing in of the new officers. AWC Well City Award Councilmember Jeanne Burbidge presented Fitness Athletic Coordinator Kimberly Shelton with the AWC Well City Award which acknowledges the City's best practices in employee health promotion. City ManaQer EmerQinQ Issues / Introduction of New Employees Energy Efficiency and Conservation Grant: Financial Service Administrator Brian Enge reported the City received an energy efficiency and conservation grant and staff is working to meet the August 17, 2009 application deadline. Petition for Change of Government: Interim Manager Wilson reported the City received a petition for change of government on July 30,2009 and reviewed the next steps for King County as well as the City. City Council Minutes - August 4, Regular Meeting Page 1 of5 4. CITIZEN COMMENT Ted Viden encouraged the Council to continue their analysis of court services and maintain the City's Municipal Court. H. David Kaplan spoke in support of maintaining the City's Municipal Court. John Micciche reported on code enforcement issues he is experiencing with the city. He has gone to court five times and feels he is being harassed. Barbara Linde presiding judge for King County District Court, provided cost estimates for court services if the City were to contract with King County for services. David Larson Federal Way Municipal Court Judge encouraged the Council to continue operating the Municipal Court. Mark Eide King County District Court Judge, spoke in favor of Federal Way contracting for court services with King County. Barbara Reid encouraged the Council to continue operating the Municipal Court. Betty Taylor suggested the Council consider extending the public comment time limit at Council meetings. Ms. Taylor also thanked the City for installing speed bumps in her neighborhood. Terrance Thomas President of North Lake Improvement Club, spoke in support of forming the North Lake Management District Number 2. Councilmembers Ferrell and Duclos asked staff to provide a report on the code violations involving Mr. Micciche. Interim City Manager Wilson summarized the City's efforts to resolve these issues. The City believes Mr. Micciche is violating city code, and has offered mediation as a solution. 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. Minutes: July 21, 2009 Special Meeting, July 21, 2009 Regular Meeting and July 28, 2009 Special Meeting APPROVED b. Vouchers FEDRAC 7-28-09 APPROVED c. Monthly Financial Report FEDRAC 7-28-09 APPROVED d. Approval for Purchase and Certification of City's Electronic Records Management System FEDRAC 7-28-09 APPROVED e. RESOLUTION Federal Way Nalley Cities Fiber Interconnect Grant FEDRAC 7-28-09 APPROVED Resolution 09-551 f RESOLUTION Setting the Tax Rate for the LIFT Area FEDRAC 7-28-09 APPROVED Resolution 09-552 g. ORCA Card purchase FEDRAC 7-28-09 APPROVED h. Authorization to Bid 2010 Fleet Maintenance Contract FEDRAC 7-28-09 APPROVED i. RESOLUTION Grant Approvals Solid Waste & Recycling 2010-11 FEDRAC 7-28-09 APPROVED Resolution 09-553 j. Traffic Counter Replacement FEDRAC 7-28-09 APPROVED k. Bid Award: 20th Place SW Emergency Slide Repair LUTC 7-20-09 APPROVED City Council Minutes - August 4, Regular Meeting Page 2 of5 I. Grant Approvals for Transportation Improvement Projects LUTC 7-20-09 APPROVED m. Authorization to Bid and Design Street Lighting on 20th Way South - S. 324th Streetto S. 330th Street LUTC 7-20-09 APPROVED MOTION: Deputy Mayor Fa.ison moved approval of the Consent Agenda. Councilmember Ferrell second. VOTE: Motion carried 7-0. 6. PUBLIC HEARING a. Establishment of a Local Revitalization Area (LRA) Mayor Dovey opened the public hearing at 7:43 p.m. Economic Development Director Patrick Doherty stated the Local Area Revitalization Financing Act was created to assist local governments in development or redevelopment of certain areas deemed a Local Revitalization Area (LRA).- A portion of local sales and property taxes from the LRA are matched by the State to assist jurisdictions with providing infrastructure to private developments. Staff is proposing the establishment of a LRA at the SW Corner of South 336th Street and Pacific Highway South. There is a proposed mixed use project know as Federal Way Village at that site. If the LRA is established by Council, staff will submit an application for Local Area Financing for the Federal Way Village project. Public Comment: John Potter of Federal Way Village LLC stated funding under this program would be very helpful to develop their proposed project. Councilmember Duclos recused herself from this issue. The Council asked clarifying questions of Mr. Doherty. MOTION: Deputy Mayor Faison moved to close the public hearing to accept public comment regarding the proposed creation of the Local Revitalization Financing Area. Council member Park second. VOTE: Motion carried 6-0, Councilmember Duclos recused. City Clerk Carol McNeilly read the ordinance title into the record. MOTION: Deputy Mayor Faison moved to approve the ordinance and direct staff to submit the application. Councilmember Park second. VOTE: Motion carried 6-0, Councilmember Duclos recused. Ordinance No. 09- 661. 7. COUNCIL BUSINESS a. Suspend Council Rules and Cancel AUQust 18. 2009 ReQular Council MeetinQ MOTION: Mayor Dovey moved to suspend the Council Rules and cancel the August 18, 2009 City Council meeting. Councilmember Kochmar second. VOTE: Motion carried 7-0. City Council Minutes - August 4, Regular Meeting Page 3 of5 b. Approve Contract for Search Firm for City ManaQer Recruitment City Attorney Pat Richardson stated on July 28, 2009 the Council interviewed four search firms fro the recruitment of a City Manager. The Council selected the Prothman Group and directed staff to draft an agreement for Council approval. MOTION: Councilmember Park moved approval ofthe contract with Prothman and authorized the Interim City Manager to execute the contract. Councilmember Duclos second. VOTE: Motion carried 7-0. c. Municipal Court Options Councilmember Ferrell recused himself from this issue. Financial Services Administrator Bryant Enge stated the City Council conducted Special Meetings on June 16 and June 30, 2009 to review options for municipal court services. Mr. Enge presented a comparison between the City's Municipal Court and King County District Court that focused on levels of service, costs, differences in options as well as advantages and disadvantages for each option. The Council asked clarifying questions of Mr. Enge. MOTION: Councilmember Park moved approval of option 2, to continue the Federal Way Municipal Court to provide services. Councilmember Kochmar second. VOTE: Motion carried 5-1 Mayor Dovey dissenting, Council member Ferrell recused. 8. INTRODUCTION AND FIRST READING OF ORDINANCES a. CreatinQ North Lake ManaQement District NO.2. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING LAKE MANAGEMENT DISTRICT NUMBER 2 FOR NORTH LAKE AND SETTING A PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE DISTRICT. City Clerk Carol McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the Ordinance to second reading and approval at the September 1, 2009 City Council meeting. Councilmember Duclos second. VOTE: Motion carried 7-0. 9. COUNCIL REPORTS Councilmember Ferrell had no report. Council member Duclos reported the Multi-Service Center is ready to start expansion of their current facility. Councilmember Burbidge reported the next PRHSPS meeting is August 11, 2009. City Council Minutes - August 4, Regular Meeting Page 4 of5 King County Councilmember's have proposed reductions in transit services. Tomorrow is the Fusion Event, a fundraiser for transitional housing. The event will be held at the Dumas Bay Center. Council member Kachmar thanked participants of the National Night Out Against Crime Event. The City is participating is a school supply fund raiser for underprivileged students; items can be dropped off at City Hall. Orion Industries is having an open house tomorrow to highlight their new customer service training facility. Councilmember Park reported the Prothman search firm would begin developing a profile for the City Manger recruitment. The next FEDRAC meeting is August 25, 2009. He will be attending an upcoming Regional Law, Safety & Justice committee meeting in Seattle. Deputy Mayor Faison thanked the Police for quickly apprehending suspects in a recent homicide. He asked staff to investigate the option of having an on-line message board for citizens and staff to communicate. In response to Betty Taylor's public comments, he encouraged citizens to attend Council Committee Meetings. He noted the Council would conduct a Public Hearing on Initiative 1033 at the September 1, 2009 Council meeting. Mayor Dovey reported he and Council member Ferrell would be attending Emergency Management Training on the East Coast later this month. Volunteers from Wal-Mart worked with city staff to cleanup Steel Lake Park. There is a groundbreaking event for the SCORE Facility next week. September will begin the Mayors Month of Concern for the Hungry food drive event. 10. CITY MANAGER REPORT Interim City Manger Wilson thanked Community Center staff for their hard work during the recent hot weather. There were over 500 visitors to the center last Wednesday. He noted the latest edition of the Connections Video would debut tomorrow on Federal Way TV. 11. EXECUTIVE SESSION Potontial Litigation PurSu3nt to RCW 12.30.110(1 )(i), Executive Session Canceled; the Council did not conduct an Executive Session. 12. ADJOURNMENT With no further business before the Council, Mayor Dovey adjourned the meeting at 9:12 p.m. ATTEST: Approved by Council: September 1, 2009 City Council Minutes - August 4, Regular Meeting Page 5 of5