Council MIN 09-15-2009 Special/RegularCITY OF
Federal Way
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers City Hall
September 15, 2009 5:30 PM
MIPIUTES
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor povey called the meeting to order at 5:30 p.m.
Councilmember's present: Mayor Jack Dovey, Deputy Mayor Eric Faison,
Councilmembers Jim Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge and Dini
Duclos
Staff present: Interim City Manager Brian Wilson, CityAttomey Pat Richardson and City
Clerk Carol McNeilly.
2. EXECUTIVE SESSION
The Council, along with City Attorney Richardson adjoumed to Executive Session at to
discuss Potential Litigation pursuant to RCW 42.30.110(I)(i) and Collective Bargaining
pursuant to RCW 42.30.140(4)(a) for approximately 60 minutes. The Council adjoumed
from Executive Session at 6:29 p.m.
3. ADJOURNMENT
Mayor povey adjoumed the meeting at 6:29 p.m.
Attest:
Carol McNeilly, C City CI
Approved by Council: October 6, 2009
City Council Minutes September I5, 2009 Special Meeting Page 1 of 1
CITY OP
Federal Way
FEDERAL WAY CITY COUNCIL
Council Chambers City Hall
September 15, 2009 7:00 PM
REGULAR MEETING
MINUTES
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor povey calied the meeting to order at 7:00 p.m.
Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jim
Ferrell, Linda Kochmar, Mike Park, Jeanne Burbidge and Dini Duclos
Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City Clerk
Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Todd Beamer High School Air Force JROTC presented the colors and led the Pledge of
Allegiance.
Motion: Councilmember Burbidge moved to amend the agenda to add the State and Local
HIDTA Task Force Agreement with the US Department of Justice as item F under Section
7 City Council Business. Deputy Mayor Faison second.
Vote: Motion carried 7-0.
3. PRESENTATIONS
a. Ceremonial Swearina In of Police Officers
Interim Police Chief Andy Hwang introduced new Officers Nicolas Wong and Tanner Pau.
City Clerk Carol McNeilly delivered the oath of o�ce.
b. Police Award Presentations
Medal of Meritorious Service
Interim Chief Andy Hwang presented O�cer Mickelson with the Medal of Meritorious
Service for his actions in apprehending a stabbing suspect and saving the stabbing
victims life.
Police Chief's Commendation
Interim Chief Andy Hwang presented Federal Way resident Jesse Moralez with the
Police Chief's Commendation award for aiding the police in the apprehension of an
armed burglary suspect and detaining him until the police arrived.
City Council Minutes September 1 S, 2009 Regular Meeting Page 1 of 8
Interim Chief Andy Hwang presented Dave Ehlers and Dave Gantt with the Police
Chief's Commendation award for their volunteer efforts with the Federal Way Police
Department. Mr. Ehlers has volunteered for the past eight years and Mr. Gantt has
volunteered the past five years. Both men played pivotal parts in launching the
community based Safe City Program in Federal Way by assisting the Police
Department and training other volunteers.
c. Mid-Biennium Budqet Adiustment Update
Financial Services Administrator Bryant Enge presented information pertaining to the Mid-
Biennium Budget. Revenues through July are down from 2008 by $1.7 million. However,
overall revenues are ahead of the 2009 revised projections by $430,000. Real Estate Excise
Tax and Utility Tax are above target. Sales Tax, Gambling and Criminal Justice revenues
which account for 35 percent of city revenues are on a downward trend and are projected to
create a$300-400k shortfall by year-end. One-time costs, which were not anticipated,
include SCORE funding and brokering Natural Gas Tax Litigation.
Future challenges such as limited revenue growths, the possible approval of initiatives 1033
artd 747, and an uncertain economic climate in 2010 are anticipated. However, the City will
continue to make adjustments as needed.
On a positive note, $2 million dollars allocated for the purchase of properly have become
available and will be retumed to the General and REET funds.
d: PROCLAMATION: Constitution Week September 17-23�
Councilmember Kochmar read the proclamation into the record and presented it to Peggy
Eisaman. Sue Bergman stated the Todd Beamer High School Street Law Class is hosting a
public forum on September 19, 2009 with local State Representatives.
e. PROCLAMATION: Mavor's Month of Concem for the Hunqrv September 26
Mayor povey read the proclamation into the record and stated the City will partner with
Waste Management to collect food donations throughout the month. Mayor povey presented
the proclamation to Linda Purlee, Director of Emergency Services at the Federal Way Multi-
Service Center.
f. Introduction of Federal Lobbvist Strateqies 360
Communications Government Affairs Manager Linda Farmer introduced Tylynn Gordon
and Melanie Mihara of Strategies 360, the City's State Lobbyist. Ms. Gordon provided a
brief legislative update for the City.
g. Citv Manaqer Emerqinq Issues Introduction of New Emplovees
Interim City Manager Wilson reported on a court ruling that denied the sale of the Camp
Killworth property to the City. The property will remain under the ownership of the Boy
Scouts. Funds allocated for that purchase will be re-allocated as part of the mid biennium
budget adjustment.
Mr. Wilson introduced new employees CDBG Coordinator Koyla McCleave and Financial
Analyst Chase Donnelly.
City Council Minutes September 15, 2009 Regular Meeting Page 2 of 8
4. CITIZEN COMMENT
H. David Kapian, Chair of the Grant Tourism Enhancement Grant Committee reported grant
applications are now available.
Nancv Combs spoke about issues at Adelaide Beach and the need for a 4-way traffic stop at
304` Avenue.
Tom Pierson, CEO FW Chamber of Commerce, he encouraged the Council to support the
National sand sculpture here in Federal Way.
Christopher Cormier shared his concems regarding new management at the Waterbury
Apartments.
Bettv Tavlor shared her concerns with the new management at the Waterbury Apartments.
Debbie, resident of Waterbury Park Apartment, submitted comments regarding her concems
with the new management at the apartments for the City Clerk to read into the record.
Marv Ehlis thanked the City for their efforts to maintain Camp Killworth.
Donald Barovic encouraged the City to continue their support of the Camp Killworth property.
Mayor povey asked the City Manager to follow up on the public comments received regarding
the Waterbury Apartments.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Commiftee of three members and brought
befo�e 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: September 1, 2009 Regular Meeting APPROVED
b. Regional Hazard Mitigation Plan Adoption PR sPSCS- -os APPROVED
c. ORDINANCE: Council Bill #503/Amendments to the Federal Way Revised Code (FWRC) Ti�e 18
"Subdivisions" and Title 19 "Zoning and Development Code" regarding plat and land use application
time extensions and related amendments' St ��a��9 s-,-os� �u a��os APPROVED Ordinance No. 09-
624
d. ORDINANCE: Council Bill #504/Amendments to Federal Way Revised Code (FWRC) Title
19.15.045 "Completeness of Applications" regarding vesting for use process applications'�`
�aa�� s-,-os�u a��,os APPROVED Ordinance No. 09-625
e. ORDINANCE: Council Bill #505/Criminal Code Update'St�aa'"
Ordinance No. 09-626
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h. Cancel the 2009 Valley Cities Counseling Consultation Acquisition of a Community Facility
Project and Reallocate 2009 Capital Funds to the King County Housing Repair Program
PRHSPSC siaios APPROVED
i. 2010 Community Development Block Grant PR"sPSC s�s�os APPROVED
City Council Minutes September I5, 2009 Regular Meeting Page 3 of 8
MOTION: Deputy Mayor Faison moved approval of the Consent Agenda.
Councilmember Ferrell Second.
Councilmember Kochmar pulled item g. Roof Replacement- West Hylebos Park Caretaker
Homes Laurelwood Park Picnic Shelter.
Mayor povey pulled item f. Placement of "Safe City Federal Way" signs at designated
locations
VOTE: Consent items 5a, 5b, 5c, 5d, 5e, 5h and 5i were approved 7-0.
f. Placement of "Safe City Federal Wa�' signs at designated locations PR"sPSC s-os-os
Staff presented the new Safe City signs that will be posted in the downtown area in the next
few weeks.
MOTION: Councilmember Burbidge moved approval. Councilmember Kochmar
second. VOTE: Motion carried 7-0
g. Roof Replacement- West Hylebos Park Caretaker Homes Laurelwood Park Picnic Shelter
PRHSPSC9-08-09
Councilmember Kochmar recused herself from voting on this item.
MOTION: Councilmember Burbidge moved approval. Councilmember Duclos second.
VOTE: Motion carried 6-1; Councilmember Kochmar recused.
6. PUBLIC HEARING
CITY OF FEDERAL WAY PROPOSITION NO. 1; ADOPTtON OF THE MAYOR/COUNCIL
FORM OF GOVERNMENT WITHIN THE CITY OF FEDERAL WAY. Shall the City of Federal
Way abandon the Council/Manager form of government and adopt the Mayor/Council form of
government? The adoption of the Mayor/Council form of govemment would not affect the City's
eligibility to be governed under Title 35A of the Revised Code of Washington.
Staff Report: City Attorney Pat Richardson presented the ballot language and reviewed RCW
42.17.130(1) which allows the Council to
Con Statement: Doctor Jim Burbidge spoke on behalf of the Con Committee.
Pro Statement: Roy Parke spoke on behalf of the Pro Committee.
Citizen Comment:
Rhonda Pettiqrew Clara McCarthur, Buck Petiqrew. Dave McKenzie. Earl Gibson
individually spoke in support of a Mayor/Council form of govemment.
Tom Pierson, CEO FW Chamber of Commerce stated the Chamber Board supports
maintaining the Council/Manager form of government.
Bill Linohan Patricia Owen H. David Kaplan. Bob Stead, Marqaret Nelson, Hope Elder,
City Council Minutes September I5, 2009 Regular Meeting Page 4 of 8
Bob Kelloqq Joann Piquette Barbara Reid Fred Konkell, Marv Ehlis, Bob Piquette
individually spoke against a Mayor/Council form of government.
Donald Barovic spoke regarding the upcoming ballot measure.
Roqer Freeman suggested the Council look at other types of government models.
Nancv Combs provided public testimony.
Bene Daaen submitted written comments supporting a Mayor/Council form of govemment to
be read into the record.
Mayor povey declared the public closed the public hearing at 9:38 p.m.
MOTION: Councilmember Duclos moved to suspend the Council rules and continue
the meeting past 10:00 pm. Councilmember Burbidge second.
VOTE: Motion carried 7-0.
Councilmember Park asked how many Washington cities operate under the
Council/Manager form of govemment. City Attomey Richardson stated of the 281
cities/towns in Washington, 227 are Council/Manager forms of govemment, 53 are
M'ayor/Council and 1 operates under the commission form.
Thirteen cities have in�orporated in Washington since 1990, twelve of them incorporated as
Coun.cil/Manager forms of government. Since 1973, seven cities have changed from
Council/Manger to Mayor/Council form of government.
Councilmember Park emphasized the importance of focusing on facts while considering this
issue. A Mayor/Council form of government can be costly with salaries for both a Mayor and
City Administrator. Also, accountability is not guaranteed with an elected Mayor. He is not in
favor of a Mayor/Council form of government; however, he would like to look at Tacoma's
model of government Council/Manager with elected Mayor.
Councilmember Duclos thanked the public for providing their input on this item. She shared
her experience with both Mayor/Council and Council/Manager forms of government. She
does not support the change of government proposition.
Councilmember Burbidge noted the City has made numerous accomplishments under the
current Council/Manger form of government. Her concem with a Mayor/Council form of
government is undue influence affecting decision making, hiring and firing. She does not
support the change to a Mayor/Council form of govemment.
Councilmember Ferrell supports the change of government to Mayor/Council. He noted the
last time this item was before the voters; a$10,000 campaign contribution aided its failure.
The issue of increased costs associated with a Mayor/Council form of govemment is a
minuet portion of the City's overall budget. If this item passes, he feels it will be a new
beginning for Federal Way.
Councilmember Kochmar stated this issue is not as simple as being able to elect a
Mayor; it changes the City's entire form of government. It is essential to have a
professional administrator to oversee the operation of a City. All of the local cities that
City Council Minutes September 1 S, 2009 Regular Meeting Page S of 8
have Mayor/Council forms of government have City Administrators as well. She does not
support the change to a Mayor/Council form of government.
Deputy Mayor Faison noted that he currently serves a as a city councilmember, a city
administrator and a town administrator. He has experience in both the Mayor/Council and
Council/Manger forms of government and does not feel the Mayor/Council form of
govemment would benefit Federal Way. Under the current form of govemmen't, citizens can
address seven elected officials with their issues or concerns. In closing he urged voters to
give careful consideration when voting on Proposition One.
Mayor povey feels the city's current form of government has been very successful and the
Councilmember's have atways been able to work together. He does not support the change
to a Mayor/Council form of government
MOTION: Councilmember Faison moved to direct staff to draft a resolution reflecting
the City Council's opposition to City of Federal Way Proposition No.1 to be approved
at the October 6, 2009 City Council meeting. Councilmember Park second. VOTE:
Motion carried 6-1. Councilmember Ferrell dissenting
The Council recessed at 10:41 pm and reconvened at 10:46 pm.
7. COUNCIL BUSINESS
a. World Championship of Sand Sculpture
Economic Development Director Patrick Doherty reported the World Championship has
been held in Canada for the past several years and is looking for a new venue. The City has
been approached by the event organizers to see if they Federal Way is interested in hosting
the event in 2010. Funding of $185,000 is being requested from the city to support this event
coming to Federal Way.
MOTION: Deputy Mayor Faison moved to support the establishment of the World
Championship of Sand Sculpture event in Federal Way for September 7 through
October 2, 2010, and request the Lodging Tax Advisory Committee to offer back to
City Council its recommended level of financial support from lodging tax revenues.
Councilmember Duclos second.
Councilmembers Park and Burbidge requested staff provide additional information on the
past events.
VOTE: Motion carried 7-0.
b. RESOLUTION: Opposinq Initiative 1033 P"br° "ea""9 s��ios
No staff presentation.
MOTION: Deputy Mayor Faison moved to approve the proposed resolution opposing
Initiative 1033. Councilmember Dulcos second.
VOTE: Motion carried 7-0.
City Council Minutes September 15, 2009 Regular Meeting Page 6 of 8
c. JAG Propertv Proceeds: Distribution and Hold Harmless Aqreement
No staff presentation.
MOTION: Deputy Mayor Faison moved to authorize the City Manager or his designee
to execute the Proceeds Distribution and Hold Harmless Agreement to receive and
apportionment of the jail property proceeds. Councilmember Kochmar second.
VOTE: Motion carried 7•0.
d. Citv Manaqer Search: Timeline Revision Candidate Profile
Human Resource Director Mary McDougal reported the city's consultant Greg Prothman
provided a draft recruitment brochure for Council approval. Due to Federal Way Proposition
No. 1, the consultant recommends extending the recruitment closing date to November 22,
2009.
MOTION: Deputy Mayor Faison moved approval of the draft candidate profile and
revised timeline for the City Manager search. Councilmember Duclos second.
VOTE: Motion carried 7-0.
e. RESOLUTION: Creation of Multi-Jurisdictional Entitv to Provide Maintenance and
Operations Services
Interim City Manager Wilson stated the city is seeking approved to explore the option of
establishing a multi jurisdictional entity (similar to Valley Communications) to share
maintenance costs. The Federal Way School District and South King Fire and Rescue are
also interested in exploring this possibility.
MOTION: Councilmember Burbidge moved to approve proposed resolution directing
staff to explore the creation of a multi jurisdictional entity to provide maintenance and
operation services. Councilmember Kochmar second.
VOTE: Motion carried 7-0.
f. State and Local HIDTA Task Force Aqreement with the US Department of Justice
MOTION: Councilmember Burbidge moved to accept the State and Local HIDTATask
Force Agreement and US Department of Justice Certifications. Councilmember
Duclos second. VOTE: Motion carried 7-0.
8. COUNCIL REPORTS
Councilmember Burbidge reported the next PRHSPS Committee meeting is October 13, 2009.
Councilmember Park reported the next 3rd Quarter Korean Community Association meeting is
September 17, 2009 at City Hall and the next FEDRAC meeting is September 22, 2009.
Councilmember Kochmar reported next LUTC meeting is September 21, 2009.
Deputy Mayor Faison reported on an upcoming Puget Sound Regional Council meeting
focusing on projected growth targets for cities.
Mayor povey reported the SCORE will be conducting recruitment for an Executive Director.
Councilmembers Ferrell and Duclos had no report.
City Council Minutes September I5, 2009 Regular Meeting Page 7 of 8
9. CITY MANAGER REPORT
Interim City Manager Wilson reported that many representatives from FW Staff, Fire, Police,
Lakehaven Utility District and the Red Cross all attended Emergency Management Training in
Maryland earlier in the month. The training was a tremendous success.
10. EXECUTIVE SESSION
The Council did not adjoum into Executive Session.
anceled
canceled
11. ADJOURNMENT
With no further business before the Council, Mayor povey adjoumed the meeting at
11:18 pm.
Attest:
Carol McNeilly, CM City CI
Approved by Council: October 6, 2009
City Councid Minutes September I5, 2009 Regular Meeting Page 8 of 8