Council MIN 12-01-2009 Special/Regular[ITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers City Hail
December 1, 2009 6:00 PM
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor povey called the meeting to order at 6:00 p.m.
Councilmembers present: Mayor Jack Dovey, Councilmembers Park, Duclos, Burbidge,
Ferrell and Kochmar.
Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. EXECUTIVE SESSION
The Council adjourned to executive session at 6:OOpm for approximately 45 minutes to
discuss Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Potential Litigation
pursuant to RCW 42.30.110(1)(i). The Council adjoumed from executive session at 6:36 pm.
3. ADJOURN
Mayor povey adjoumed the meeting at 6:36 pm.
Attest:
Carol McNeilly, CMC, Ci Clerk
Approved by Council: December 15, 2009
City Council Minutes December 1, 2009 Special Meeting Page 1 of I
GITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers City Hall
December 1, 2009 7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor povey cailed the meeting to order at 7:00 p.m.
Councilmembers present: Mayor Jack Dovey, Councilmembers Mike Park, Dini
Duclos, Jeanne Burbidge, Jim Ferrell and Linda Kochmar. Mayor povey excused
Deputy Mayor Faison.
Staff present: Interim City Manager Brian Wilson, City Attomey Pat Richardson and
City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Merle Pfeifer led the pledge of allegiance.
Mayor povey asked for a moment of silence to honor the four fallen Lakewood Police
Officers.
MOTION: Councilmember Duclos moved to amend the agenda by moving item
8.d. Council Bill #519 Declaration of Substantial Need to the Public Hearing as
item 6.1.a. Councilmember Kochmar second.
VOTE: Motion carried 6-0.
3. PRESENTATIONS
a. Oath of Office Police Officer
Interim Police Chief Hwang introduced Officer Daniel Graf and City Clerk
McNeilly delivered the oath of office.
b. Citv Manaqer Emerqinq Issues Introduction of New Emplovees
ICM Wilson stated there were no emerging issues or introductions of new
employees.
4. CITIZEN COMMENT
The City Clerk read a letter submitted by Patrick Montgomery that encouraged the
City to amend the Zoning Code to allow a business to locate in Federal Way.
City Council Minutes December 1, 2009 Regular Meeting Page 1 of 7
Tim Burns spoke in support of having an outside agency handle the change of
government transition.
Norma Blanchard inquired on how the Mayor's salary was going to be established.
Nancy Combs inquired on how the Mayor's salary was going to be established and
expressed concern regarding traffic issues in her neighborhood.
Lori Devore spoke on behalf of the Federal Way Chamber Board of Directors to state
their support of the City's renewal of the Waste Management contract, agenda item
7.h.
5. CONSENT AGENDA
a. Minutes: November 17, 2009 Special and Regular Meeting Approved
b. Vouchers Approved
c. Monthly Financial Report Approved
d. Council Bill #513 ORDINANCE North Lake Mgmt. District Assessment Roll
Public Hearing Approved Ordinance 09-634
e. Pacific Highway S HOV Phase IV Qwest Joint Construction Agreement
Approved
f. Pacific Highway S HOV Phase IV 100% Design and Authorization to Bid
Approved
g. On-Call Vactor and Jet Rodding Services Contract Extension Approved
h. Update 2009 Planning Commission Work Program: Code Amendment Relating
to the Size of Health Clubs in the Neighborhood Business Zone Approved
i. Request for Direction to Apply for a GMA Update Grant from the Department of
Commerce Approved
j. Award RFP: Printer and Copier Maintenance and Supplies Approved
k: RESOLUTION: Support Joint Underwriting Association Legislation Approved 09-
568
I. Federal Way Energy E�ciency and Conservation Strategy Approved
m. Draft 2010 Legislative Agenda Approved
n. King County Directors' Association Intergovernmental Cooperative Procurement
Agreement Approved
o. RESOLUTION: MRSC Rosters- Amend Purchasing Policies and Authorize
Agreement with MRSC Approved Resolution 09-565
MOTION: Kochmar moved approval of the consent agenda. Park second.
VOTE: Motion carried 6-0.
6. PUBLIC HEARING
a. 2009/2010 Mid-Biennial Budqet Adiustment, Revenue Sources, Propertv Tax
Rate
ICM Wilson stated based on sales tax information received from WA State, the
proposed budget adjustment before Council further reduces sales tax projections by
$122K and Public Works inspection fees by $48K annually. In order to address the
deficit, the revised proposed budget adjustment includes increasing red light photo
revenues by an additional $30K annually, not restoring the frozen police officer
position and reducing electricity by $34K. As a result of these adjustments, the
General Fund ending balance is projected at $6.84M in 2009, $4.16M at the end of
City Council Minutes December 1, 2009 Regular Meeting Page 2 of 7
2010 and $2.94M at the end of 2014 which includes $1.46M City Manager
Contingency funds. ICM W ilson stated the revenue estimates are very conservative
and at the same time expenditure adjustments are made to ensure financial health
through 2014. The City will begin 2011/2012 budget preparation in 2010 which
includes updating the financial plan through year 2016 and address the structural
deficit of approximately $850K annually beginning in 2010. ICM Wilson reiterated
the City's budget is balanced through 2014.
Public Comment:
Alisha Mark, King County Sexual Assault Center Board Memberthanked the Council
for continued support of their services. Their agency offers support and advocacy for
sexual assault victims in Federal Way.
Mike Heinrich, Executive Director of Kent Youth and Family Services, thanked the
Council for their continued support and funding for Human Service agencies.
Introduction/First Reading of Budget Ordinances:
The City Clerk read the following Ordinance Titles into the record:
a.1. Council Bill #519/ Declaration of Substantial Need
AN ORDINANCE OF THE CtTY COUNCIL OF THE C1TY OF FEDERAL WAY, WASHINGTON,
MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF THE SETTIIVG THE
LIMIT FACTOR FOR THE PROPERTY TAX LEVY FOR 2010
MOTION: Councilmember Kochmar moved to forward the ordinance to
the December 15, 2009 Council Meeting forsecond reading and approval.
Councilmember Duclos second.
VOTE: Motion carried 6-0.
a.2. Council Bill #514: 2009-2010 Mid-Biennial Budqet Adiustments
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
RELATING TO BUDGET AND FINANCE REVISING THE ADOPTED 2009-2010 BIENNIAL
BUDGET (AMENDING ORDINANCE NOS. 08-589, 09-612, 09-616, AND 09-632)
MOTION: Councilmember Duclos moved to forward the ordinance to the
December 15, 2009 Council Meeting for second reading and approval.
Councilmember Burbidge second.
VOTE: Motion carried 6-0.
a.3. Council Bill #515: 2010 Propertv Tax Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2010.
MOTION: Councilmember Kochmar moved to forward the ordinance to
the December 15, 2009 Council Meeting for second reading and approval.
Councilmember Duclos second.
VOTE: Motion carried 6-0.
City Council Minutes December 1, 2009 Regular Meeting Page 3 of 7
7. COUNCIL BUSINESS
a. RESOLUTION: Transition to Mavor/Council Form of Government Election Dates
City Attorney Pat Richardson stated the City would need to establish the salary for
the Mayor prior to King County Elections O�ce declaring the candidate filing period.
Mrs. Richardson reviewed three options for election date in 2010 those are:
Primarv Election Date General Election Date
Option 1 February 9, 2010 April 27, 2010
Option 2 April 27, 2010 August 17, 2010
Option 3 August 17, 2010 November 2, 2010
Ms. Richardson explained that the City is not able to meet the required filing
deadlines associated with the election dates identified in option 1. King County
provide cost estimates for options 1 and 2 as Option 2 befinreen $419K and $510K
Option 3 befinreen $250K and $282K
MOTION: Burbidge moved approval of option 3, to pass a resolution
establishing the election for Mayor be set for Novenber 2, 2010 State
General Election. Councilmember Park second.
VOTE: Motion carried 6-0. Resolution 09-566.
b. Citv Manaqer Recruitment Aqreement
Human Resource Director Mary McDougal stated that with the certification of the
election the City would be changing to a Mayor-Council form of government. The
City had previously entered into an agreement for recruitment services for a City
Manager and staff is seeking direction from Council regarding that agreement.
MOTION: Councilmember Duclos moved for staff to terminate the City
Manager recruitment agreement. Councilmember Ferrell second.
VOTE: Motion carried 6-0.
c. RESOLUTION: Fee Schedule Amendment
The draft resolution incorporates the annual inflationary adjustment for all
development fees including building, zoning, land use, public works permit,
inspection and other development related services.
MOTION: Councilmember Duclos moved approval, Councilmember
Kochmar second. VOTE: Motion carried 6-0. Resolution 09-567
d. Proposed Lise Kim Settlement Aqreement
The city participated in court ordered mediation on October 19, 2009 regarding
this matter that arose from a toe injury while swimming in the Kenneth Jones Pool
on June 19, 2004.
MOTION: Councilmember Park moved approval of the tentative settlement
agreement regarding Lise Kim. Councilmember Kochmar second.
VOTE: Motion carried 6-0.
e. LTAC Budqet Amendment
The Lodging Tax Advisory Committee (LTAC) is recommending amendments to
Ciry Council Minutes December 1, 2009 Regular Meeting Page 4 of 7
their 2009-2010 budget to address reduced revenue projections and a funding
request for the 2010 Sand Sculpture World Championships event scheduled for
September 2010.
MOTION: Mayor povey moved approval, Councilmember Duclos second.
VOTE: Motion carried 6-0.
f. 2010 Fleet Maintenance (Non-Police Vehicles) Contract
Street Systems Manager Marwan Salloum stated the City issued an RFP for non-
police vehicle maintenance and received six (6) proposals. After reviewing the
proposals, staff recommends awarding the contract to Eagle Tire and Automotive
and executing an agreement for services.
MOTION: Councilmember Duclos moved to award the 2010 Fleet
Maintenance (non-police vehicles) Contract, a three-year, non-exclusive
fleet maintenance contract, to Eagle Tire and Automotive, Inc. and authorize
the City Manager to execute the contract. Councilmember Burbidge second.
VOTE: Motion carried 6-0.
g. Police Vehicle Maintenance Contract
Interim Potice Chief Andy Hwang reviewed the RFB Process that the Police
conducted and stated five (5) proposals were received. After review of the
proposals, staff recommends awarding a three-year contract to Sparks Car Care,
Inc. and executing an agreement for services.
MOTION: Councilmember Kochmar moved approval of the Police
Department's request to award the bid (contract) for 2010 Police Vehicle
Maintenance to Sparks Car Care, Inc. Councilmember Duclos second.
VOTE: Motion carried 6-0.
h. Solid Waste and Recvclinct Services Contract
Deputy Public Works Director Miller introduced representatives from Waste
Management and Epicenter Services NW. The City's negotiation team, including
Director of Parks, Public Works and Emergency Manager Roe, Public Works Deputy
Director Miller, Solid Waste/Recycling Coordinator Van Orsow, and Recycling
Project Manager Brizendine, with the assistance of Epicenter Services NW, has
negotiated a solid waste and recycling collection services contract extension with
Waste Management that includes an initial annual overall revenue increase of
16.9%, while at the same time preparing for the alternative: a competitive bid
process. Waste Management's Public Sector Services Director Susan Robinson
outlined the negotiation process and indicated that the outcomes of this negotiation
and contract extension are in both parties' best interests. SW&R Van Orsow
presented an overview of the rate impacts of the proposed contract extension and
the benefits of the proposed contract. The proposed initial term of new agreement is
for seven years, taking effect in March 2010. If not approved, the City would conduct
a competitive procurement process. The City Council acknowledged staff work on
the contract negotiations.
MOTION: Councilmember Park moved approval of option ,1, to approve the
agreement. Councilmember Ductos second.
VOTE: Motion carried 6-0.
City Council Minutes December 1, 2009 Regular Meeting Page S of 7
8. INTRODUCTION FIRST READING OF ORDINANCES
The City Clerk read the following ordinance titles into the record:
a. Council Bill #516: Notifv the Secretarv of State about the Chanqe of Government
AN ORDINANCE OF THE CITY COUNGIL OF THE CITY OF FEDERAL WAY, WASHINGTON
RELATING TO ESTABLISHING AN EFFECTIVE DATE FOR THE REORGANIZATION OF THE
FORM OF GOVERNMENT TO THE MAYOR-COUNCIL FORM OF GOVERNMENT UNDER
CHAPTER 35A.12 RCW, AND DIRECTING THE CITY CLERK TO FILE ORDINANCE WITH
THE SECRETARY OF STATE.
MOTION: Councilmember Ferrell moved to forward the ordinance to the
December 15, 2009 Council Meeting for second reading and approval.
Councilmember Duclos second.
VOTE: Motion carried 6-0.
b. Council Bill 517/VoiceStream PCS III Corporation (T-Mobile) Franchise
Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING ORDINANCE NO. 03-447 AND THE NONEXCLUSIVE FRANCHISE GRANTED
THEREIN TO T-MOBILE WEST CORPORATION FORMERLY KNOWN AS VOICESTREAM
PCS III CORPORATION, TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY,
WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF
INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS
COMMUNICATIONS FIXTURESAND RELATED EQUIPMENT, CABLESACCESSORIESAND
IMPROVEMENTS.
MOTION: Councilmember Park moved to forward the ordinance to the
December 15, 2009 Council Meeting for second reading and approval.
Councilmember Kochmar second.
VOTE: Motion carried 6-0.
c. Council Bill #518/Code Update: Claims Aqainst City
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON
RELATING TO CLAIMS AGAINST THE CITY; AMENDING FWRC 1.20. (AMENDING
ORDINANCE NO. 91-88).
MOTION: Councilmember Park moved to forward the ordinance to the
December 15, 2009 Council Meeting for second reading and approval.
Councilmember Kochmar second.
VOTE: Motion carried 6-0.
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9. COUNCIL REPORTS
Councilmember Ferrell thanked the City's Police Department for all their efforts and
assistance they have offered to the City of Lakewood.
Councilmember Kochmar will be meeting with SCA and King County Executive Dow
Constantine to discuss possible flooding from the Howard Hanson Dam. She reported
the Multi-Service Center served over 1,Q00 homes this year. There are many local
places to drop-off food donations as well as gifts for those in need this holiday season.
Ciry Council Minutes December 1, 2009 Regular Meeting Page 6 of 7
Councilmember Ducios #hanked ali of the Police Departments in Washington for their
services and extended her condolences to the family members of the fallen Lakewood
Police Officers.
Councilmember Burbidge stated the next PRHSPS meeting is December 8, 2009. She
reported on upcoming events, such as the tree lighting ceremony at Dash Point Village
Shopping Center, the Federal Way Symphony and Chorale Holiday Performances and
the Knutzen Family Theatre's production of Jack and the Beanstalk.
Councilmember Park stated the next FEDRAC meeting is scheduled for December 22,
2009. He thanked staff for their efforts in balancing the 2009 budget and noted that we
will still be facing some economic issues in 2410.
Mayor povey reported on upcoming meetings with Valley Com and SCORE.
10. CITY MANAGER REPORT
ICM Wilson stated the Friends of the Hylebos is hosting and upcoming ivy-pull and
has invited Councilmembers to participate in the event.
11. EXECUTIVE SESSION
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12. ADJOURNMENT
With no further business before the Council, Mayor povey adjourned the meeting at
8:20 pm.
Attest:
Carol McNeilly, CMC, ity Cler
Approved by Council: December 15, 2009
City Council Minutes December 1, 2009 Regular Meeting Page 7 of 7