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Council MIN 09-01-2015 Regular vi c Fiilem Way 25th C 0'20h'. CITY COUNCIL REGULAR MEETING MINUTES Council Chambers City Hall September 1, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at the hour of 7:04 pm. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,Councilmember Lydia Assefa-Dawson,Councilmember Kelly Maloney, Councilmember Bob Celski,Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. Mayor Ferrell excused Councilmember Honda's absence. 2. PLEDGE OF ALLEGIANCE Boy Scout Troop#330 presented the colors and led the flag salute. The Mayor took a few moments to reflect on the recent tragedies including the loss of three lives in the Washington State Fires; recent death of former Councilmember and Deputy Mayor Phil Watkins, and the sudden and tragic accident that took a young life during the recent wind storm. He asked for a moment of silence to remember those who are gone and their families dealing with the struggle of loss. 3. PRESENTATIONS a. Proclamation: Soroptimist Club of Federal Way—40th Anniversary Councilmember Maloney read and presented the Proclamation to the Soroptimist Club of Federal Way in honor of their outstanding work and dedication to the community in the last 40 years.A very large group of members were on hand to accept the Proclamation and thank the Mayor and Council. b. Mayoral Proclamation Presentation -Women's Equality Day—August 26th Mayor Ferrell read and presented the Women's Equality Day Proclamation to Deanna Dawson, Executive Director of Sound Cities Association. Ms. Dawson thanked Mayor Ferrell and the Council for this important recognition of women's equality. Federal Way City Council Regular Minutes Page 1 of 5 September 1, 2015 c. Mayor's Emerging Issues and Report • Local Aid /Red Cross Donations for Washington Wildfires The Mayor highlighted information for those in attendance and at home, regarding the local aid locations and avenues of where to make donations to the Red Cross for the ongoing fires in Eastern Washington. Back to School Safety Plan — Police Chief Andy Hwang Police Chief Andy Hwang reported the first day of school in the Federal Way School District is tomorrow, September 2nd. There will be high visibility of officers and school resource officers in addition to school zone photo enforcement becoming active at four separate locations. Helpful reminders about safety have been put out on social media and in the local newspaper for information. He spoke to the dangers of distracted driving; please remember to drive safe and for pedestrians pay attention to your surroundings. State Audit Report — Exit Conference Update — Ade Ariwoola Finance Director Ade Ariwoola gave a brief PowerPoint presentation on the recent Audit, completed by the Washington State Auditor's Office. The Auditor /s noted the city operations complied with applicable requirements and provided adequate safeguarding of public resources. The City also complied with state laws and regulations and its own policies and procedures in the areas which were examined. The following areas were audited: Cash Receipting; Safeguarding of small and attractive assets such as computers; open public meetings; financial conditions; court financial operations; payment/expenditures-, Police /Sheriff /Jail financial operations and custody of evidence. Sea -Tac Airport/FAA — Noise Concerns — Brian Wilson Chief of Staff Brian Wilson reported on complaints the Mayor's Office has received regarding SeaTac Noise from the airport. Over the last 5 months the city has received increased feedback from citizens and in response, Mayor Ferrell has directed staff to reach out to SeaTac Airport Officials. He further reported on a meeting held on July 8th where changes in increased noise on take -off and landings and change in flight patterns and elevations have raised concerns for Federal Way residents. A public meeting will be scheduled in the near future for residents to voice concerns directly to the airport and FAA representatives. Mayor Ferrell and Councilmembers stated this is a quality of life issue, and fully support an Open House for residents to voice their concerns. They also asked staff to look into best practices across the country and what other communities are doing in these regards. Code Compliance — Commercial Property Update Community Development Director Michael Morales reported on the recent activity by a property owner to clean up their commercial property where the former Wilson Trophy was located. This property was damaged by a fire from illegal activity earlier this year by a separate tenant. He was pleased to report as of today, clean up on this dangerous building has begun. 4. CITIZEN COMMENT Michael Kun, he spoke regarding SeaTac Airport Noise and noted the middle runway is under Federal Wary City Council Regular Minutes Page 2 of 5 September 1, 2015 construction and he feels there will be more takeoffs as Delta Airlines will be adding more flights per day to compete with Alaska Airlines. He referenced a letter he received from airport officials. Norma Blachard, spoke regarding term limits. She would like to see term limits discussed. Betty Taylor, spoke to promote a pancake breakfast fundraiser for City Vision. The breakfast is being held on October 3rd, 2015 at Federal Way Applebee's. Britt Ohlig, spoke regarding SeaTac Airport noise. As a Browns Point resident in NE Tacoma she has tracked changes over the last year. She encourages the cities to hold the airport and FAA accountable; as their changes affect property values and quality of life. 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: August 11, 2015 Regular and Special Meetings b. Monthly Financial Report — July 2015 c. Vouchers — July 2015 d. 2014 Consolidated Annual Performance and Evaluation Report DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT ITEMS A -D AS PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda excused 6. COUNCIL BUSINESS a. Purchase of Larson - Justice Property Councilmember Celski yes Councilmember Moore yes Councilmember Duclos yes Public Works Director Marwan gave a brief background and presentation on this item. He also referenced an additional map attachment with the staff memo. He noted the purpose of conservation property acquisition and restoration is to protect and provide opportunities to restore waterway systems in a comprehensive and integrated manner to improve the livability of Federal Way, support recovery of the Puget Sound and provide our citizens with environmental education and stewardship opportunities that strengthen ties to our City and Region. DEPUTY MAYOR BURBIDGE MOVED TO AUTHORIZE THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO PURCHASE THE LARSON- JUSTICE PROPERTY, CONSISTING OF A SINGLE TWO ACRE PARCEL, IN THE AMOUNT OF $80,000 PLUS CLOSING COSTS; SECOND BY COUNCILMEMBER CELSKI. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda excused Federal Way City Council Regular Minutes September 1, 2015 Councilmember Celski yes Councilmember Moore yes Councilmember Duclos yes Page 3 of 5 7. ORDINANCES First Reading a. Council Bill #687 New Cingular Wireless Franchise Ordinance AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A NONEXCLUSIVE FRANCHISE 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 FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS -OF -WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. Street Systems Manager John Mulkey presented a brief presentation on this Ordinance. He noted New Cingular Wireless PCS, LLC has requested a franchise from the City of Federal Way in order to place wireless transmitting facilities and related appurtenances in the City owned or controlled rights - of -way. COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 15TH COUNCIL MEETING FOR ENACTMENT; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda excused b. Council Bill #688 Pacific Highway S HOV Lanes Phase V Project — Condemnation Ordinance ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING RIGHT -OF -WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH FROM SOUTH 340TH STREET TO SOUTH 359TH STREET, KNOWN AS PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT; DECLARING THE PUBLIC USE AND NECESSITY OF SUCH PROPERTY; DIRECTING STAFF TO EXHAUST REASONABLE NEGOTIATION EFFORTS TO PURCHASE SUCH PROPERTY; AUTHORIZING THE CONDEMNATION OF THE PROPERTY; DIRECTING THE CITY ATTORNEY TO INITIATE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION IF ATTEMPTS TO PURCHASE ARE NOT SUCCESSFUL; AND DECLARING A STATEMENT OF URGENCY. Street Systems Manager John Mulkey presented a brief presentation on this Ordinance. He noted this is the second condemnation Ordinance which incorporates properties the city was hopeful to be resolved and were not previously included in Ordinance #15 -799. This ordinance expands the number of properties in which negotiations have not been completed successfully to include all remaining properties that have not signed or previously been submitted for condemnation proceedings. COUNCILMEMBER CELSKI MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 15TH COUNCIL MEETING FOR ENACTMENT; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda excused Federal Way City Council Regular Minutes September 1, 2015 Councilmember Ce /ski yes Councilmember Moore yes Councilmember Duclos yes Page 4 of 5 8. COUNCIL REPORTS Councilmembers Duclos, Maloney, and Assefa- Dawson did not give reports. Councilmember Moore extended his condolences on the loss of Phil Watkins whom he met while working in the Legislature; and on the tragic loss of the young girl during the wind storm. He thanked the Mayor and Public Works Director for the work and clean up done after the recent storm throughout the city; and recognized the Boy Scout Troop in the audience. Councilmember Celski reported the next meeting of the Land Use Transportation Committee will be Tuesday, September 8th at 5:30 pm in the Patrick Maher Room. Deputy Mayor Burbidge reported the next meeting of the Lodging Tax Advisory Committee will be September 9th at 8 am. She reported on her attendance at various regional meetings and highlighted upcoming events in the arts at the Knutzen Family Theatre. 9. EXECUTIVE SESSION 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 8:36 pm. Attest: Slepliahe D. Courtney, CMC J City Clerk Approved by Council: 6q— (5 M Federal Way City Council Regular Minutes Page 5 of S September I, 2015