Council MIN 12-15-2009 RegularCITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Councii Chambers City Haii
December 15, 2009
www. cityoffederaiwav. com
1. CALL MEETING TO ORDER
Mayor povey called the meeting to order at 7:01 pm.
Councilmember's present: Mayor Jack Dovey, Deputy Mayor Eric Faison,
Councilmembers Jim Ferrell, Linda Kochmar, Jeanne Burbidge, Dini Duclos, and Mike
Park.
Staff present: Interim City Manager Brian Wilson, City Attorney Pat Richardson and City
Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Natalie Rees led the pledge of allegiance.
3. PRESENTATIONS
a. Donation from H-Mart for Adoqt a Familv Program
Interim Police Chief Andy Hwang introduced representatives from H-Mart Grocery
Store who presented the Police Department with a$1,000 donation to the annual
Adopt-a-Family Program.
b. Citv Manaaer Emerqinq Issues Introduction of New Emplovees
Property Tax 2010:
Financial Services Administrator Bryant Enge stated Federal Way's property tax
rate is one of the towest in King County at .97 cents in 2009. With the proposed
rate increase in 2010 to $1.13, Federal Way will remain one of the lowest rates.
Mr. Enge reviewed the City's property tax rate from 2003 to current. The
proposed ordinance declaring substantial need will increase property taxes and
city revenues by $73,608.
King County Animal Control Services
The city contracts with King County for animal control senrices, which includes
sheltering, enforcement and licensing. King County has announced they may be
cutting their services so the city is exploring what other options are available.
City Council Minutes December 1 S, 2009 Regular Meeting Page 1 of 6
Property Abatement: Garner Property
Community Development Services Director Greg Fewins stated the City has
recently moved forward with the demolition of a nuisance property. He thanked
the Council for adopting city code amendments which provided them with the
tools they needed to address this issue.
Howard Hanson Dam Flooding Update
Tom Bean, Green River Basin Supervisor stated the King County Flood Control
District was established as part of the 2009 Regional Flood Plan. He reviewed the
work the Army Corp of Engineers has done to address potential failures with the
Howard Hanson Dam. Mr. Bean also summarized the actions taken to prevent
flooding along the Green River, which include levee raising, pump stations, as well
as seepage drains and grout curtains.
There were no new employee introductions.
4. RECEPTION
The Council recessed for a brief reception to honor Mayor povey and Deputy Mayor
Faison for their service.
5. CITIZEN COMMENT
Ron Nowicki, Lakehaven Commissioner, encouraged the Council and City Staff to move
forward with the franchise agreement befinreen the Lakehaven Utility District and the City
that has been in the works forawhile now.
Xenia McGowan a representative from King County Animal Care and Control spoke in
support of animal control services.
Phvllis Tellari reported FUSION founder Peggy LaPorte received a Classic Woman Award
from Traditional Living Magazine. Peggy LaPorte thanked the Council for their support and
for awarding Community Development Block Grants to the FUSION Organization.
Carolvn Cowan encouraged the Council for move forward with the abatement of the
nuisance property located on Marine View Drive.
Bruce Carlson spoke in support of moving forward with the abatement of the nuisance
property located on Marine View Drive.
Diana Noble-Guliford spoke regarding the new public art at the regional library. She
suggested the City have a policy regarding art placed in public facilities.
Jovice Wierzbicki shared concerns related to the possible flooding associated with the
Howard Hanson Dam.
6. CONSENT AGENDA
Items listed below have been previously reviewed in their enfirety by a Council Committee of three members and
brought before full Counci! for approval; all ifems are enacted by one mofion. lndividual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: December 1, 2009 Special and Regular Meeting APPROVED
b. Council Bill #514: 2009-2010 Mid-Biennial Budget Adjustments APPROVED
Ordinance 09-635
City Council Minutes December 15, 2009 Regular Meeting Page 2 of 6
c. Council Biil #515: 2010 Property Tax Ordinance APPROVED Ordinance 09-636
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f. Council Bill #518: Claims Against City Code Update APPROVED Ordinance 09-639
g. Council Bill #519: Declaration of Substantial Need APPROVED Ordinance 09-640
h. RESOLUTION: Adopting ESSB5967 APPROVED Resolution 09-569
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j. 20 Place SW Emergency Slide Repair Project Acceptance and Retainage Release
APPROVED
k. Bid Award: 2010 Street Sweeping Services Contract APPROVED
I. Pacific Highway South HOV Lanes Phase IV PSE Gas Joint Construction Agreement
APPROVED
m. Pacific Highway South HOV Lanes Phase IV Comcast Joint Construction Letter of
Understanding APPROVED
n. Interlocal Agreement with King County for RapidRide Implementation APPROVED
Councilmember Ferrell pulled item d. Council Bill #516: Notify the Secretary of State about
the Change of Government
Mayor povey pulled item e. Council Bill 517: Voice Stream PCS 111 Corporation (T-
Mobile) Franchise Amendment, and item i. SprinUNextel Site Lease Amendment.
MOTION: Deputy Mayor Faison moved approval of items 6a through 6c, 6f through
6h and 6j through 6n. Councilmember Burbidge second.
VOTE: Motion carried 7-0.
Item d. Council Bill #516: Notify the Secretary of State about the Change of Govemment:
Councilmember Ferrell restated he will be recusing himself from items relating to the
change of govemment.
MOTION: Deputy Mayor Faison moved approval. Councilmember Duclos second.
VOTE: Motion carried 6-0. Councilmember Ferrell recused.
Item e. Council Bill 517: Voice Stream PCS III Corporation (T-Mobile) Franchise
Amendment
Item i. SprinUNextel Site Lease Amendment.
Mayor povey stated he needed to recuse himself from items e and i.
MOTION: Deputy Mayor Faison moved approval of items 6e and 6i. Councilmember
Kochmar second.
VOTE: Motion carried 6-0. Mayor povey recused. (Item e: Ordinance 09-638).
7. PUBUC HEARING
a. North Lake Manaqement District Assessment Roll
SurFace Water Manager Will Appleton stated the city began the process to establish the
North Lake Management District Number 2 in June. He reviewed the annual cost for
vegetation management and stated lakeside residents have expressed their support for
the creation of the district as well as the assessment.
City Council Minutes December I5, 2009 Regular Meeting Page 3 of 6
Mayor povey calied for Public Comment. Hearing none, he called far a motion.
MOTION: Councilmember Kochmar moved to adopt a resolution approving and
confirming the special assessment roll for Lake Management District Number 2
for North Lake and repealing Resolution 09-561. Councilmember Duclos second.
VOTE: Motion carried 7-0. Resolution 09-570.
Mayor povey declared the public hearing closed.
8. COUNCIL BUSINESS
a. Proposed Settlement Aqreement: Cindv Roque
Outside Counsel Steve DuJulio stated mediation occurred on this wrongful termination
suit and a financial settlement amount of $80,000 was reached and will be paid by the
City's insurance carrier, WCIA.
MOTION: Councilmember Kochmar moved to approve the proposed settlement
regarding Cindy Roque. Councilmember Park second.
VOTE: Motion carried 7-0.
b. Proposed Settlement Aqreement: Ramona Denser
In 2009, Ramona Denser filed a lawsuit relating to a vehicle collision with a city
employee. While it has not been determined that there was negligence on the part of
the city employee, it appears Ms. Denser did not contribute to the cause of the
accident. A settlement amount of $19,500. has been reached with Ms. Denser's
attorney.
MOTION: Councilmember Duclos moved to approve the proposed settlement
agreement. Councilmember Kochmar second.
VOTE: Motion carried 7-0.
c. Emplovee Contracts
Mayor povey stated these agreements are for the Interim City Manager and
department directors in an effort to ensure a smooth transition with the change of
govemment. Mayor povey reviewed the details of the agreements.
MOTION: Mayor povey moved to approve the proposed employment agreements
and authorize the Mayor to execute said documents. Councilmember Kochmar
second. VOTE: Motion carried 6-0. Councilmember Ferrell recused.
d. RESOLUTION: Abate Nuisance at 29811 Marine View Drive SW
Assistant City Attomey Peter Beckwith stated the court has ruled that this property is a
nuisance, however; the property owner is not in compliance. Staff is seeking authority
from Council to obtain a court order from Superior Court that authorizes the City to go
on the property and remove the nuisance.
MOTION: Councilmember Burbidge moved to approve the proposed resolution
that authorizes staff to seek a warrant of abatement in Superior Court to abate
the nuisances occurring at 29811 Marine View Drive SE. Councilmember
Kochmar second.
VOTE: Motion carried 7-0. Resolution 09-571
City Council Minutes December 1 S, 2009 Regular Meeting Page 4 of 6
e. Rectanqular Rapid Flashinq Beacons on S 324 Street (Belmor Park)
Assistant Public Works Director Marwan Salloum stated the City has received some
complaints regarding pedestrian safety on S. 324' near the Belmor Park Mobile Home
Park. Staff collected speed reports and traffic volumes and the analysis revealed speeding
issues at this area. Proposed improvements to the area include rectangular rapid flashing
beacons.
MOTION: Councilmember Kochmar moved to transfer the remaining fund balance
from the BPA Trail at SW 356 Street project to a new Citywide Pedestrian Crossing
Improvements project, and install Rectangular Rapid Flashing Beacons on S. 324"'
Street at Belmor Park and at 17 Avenue S. as well as other locations identified by
staff. Councilmember Duclos second.
VOTE: Motion carried 7-0.
f. Transition to Mavor/Council form of Government: 2010 Timeline
City Attorney Pat Richardson stated the Council discussed this item at a Special Meeting
earlier in the evening. She reviewed a draft timeline with items relating to the change in
form of government to Mayor/Council for the Council to discuss in 2010.
MOTION: Duclos moved approval. Burbidge second.
VOTE: Motion carried 6-0. Councilmember Ferrell recused.
g. AMC Theatre Site possible assiqnment of contract
Patrick Doherty stated funding with Landor Korus is still being secured. A 3-month
extension is being requested to fulfill their financial obligations.
MOTION: Mayor povey moved to extend the purchase and sale agreement to March
2010, and the $24k carrying costs payment extended to January 15. 2010.
Councilmember Duclos second.
VOTE: Motion carried 7-0.
h. Council Retreat Dates for 2010
City Mana�er Wifson stated the proposed dates for the Council's 2010 Retreat are
January 26 h and 28 from 12:00 pm to 5:00 pm. The meetings will be held at the Federal
Way Community Center.
MOTION: Councilmember Kochmar moved approval. Councilmember
Duclos second.
VOTE: Motion carried 7-0.
9. COUNCIL REPORTS
Councilmember Duclos reported on updates to the King County Homeless Plan and other
committee accomplishments.
Councilmember Ferrell thanked Mayor povey and Deputy Mayor Faison for their efforts
and time served on the CounciL
Councilmember Kochmar thanked both Mayor povey and Deputy Mayor Faison for their
service. She also read a letter that the Police received from a citizen thanking the Police
City Council Minutes December 1 S, 2009 Regular Meeting Page S of 6
for their hard work and good experiences with the Police Department.
Councilmember Burbidge stated the next meeting of the PRHSPS Committee is January
12, 2010. She has requested the Puget Sound Regional Council give a presentation to the
Council on the Transportation 20/40 Plan. She also thanked Mayor povey and Deputy
Mayor Faison for their leadership and work on the Council.
Councilmember Park stated the next FEDRAC meeting would be December 22, 2009. He
reported that for the 19 year in a row the City received an award of excellence for its
financial reporting. Councilmember Park also thanked Mayor povey and Deputy Mayor
Faison for their work on the Council.
Deputy Mayor Faison said thank you and wished the city good luck in the future.
Mayor povey recapped highlights from the past fwo years on the Council and distributed a
small memento to the Council.
10. CITY MANAGER REPORT
City Manager Wilson had no report.
11. EXECUTIVE SESSION
The Council adjoumed to Executive Session at 9:20 pm for approximately 15 minutes to
discuss property acquisition pursuant to RCV1/ 42.30.110(1)(c) and potential Iitigation
pursuant to RCW 42.30.110(1)(i). Councilmember Kochmar did not attend Executive
Session. The Council adjourned from executive session at 9:33 pm.
12. ADJOURNMENT
With no further business before the Council, Mayor povey adjoumed the meeting at 9:33
Pm•
Attest:
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Approved by Council: January 5, 2010
City Council Minutes December 1 S, 2009 Regular Meeting Page 6 of 6