Council MIN 04-19-2011 RegularCITY OF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
April 19, 2011
7:00 p.m.
www. cityoffederal wa y. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:06 p.m.
Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember
Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember
Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman.
Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Hope Elder led the pledge of allegiance.
MOTION: Councilmember Kochmar moved to amend the agenda to add under Council
Business item 6d Resolution Regarding the Retreat Meadows Preliminary Plat.
Deputy Mayor Duclos second. VOTE: Motion carried 7-0.
MOTION: Councilmember Kochmar moved to amend the agenda and add under
section 7, before Second Reading of Council Bill #567; an ordinance imposing a
moratorium on cannabis-related businesses as Council Bill #571 for first reading
and Enactment. Deputy Mayor Duclos second. VOTE: Motion carried 7-0.
3. PRESENTATIONS
a. Suburban Cities Association (SCA) Presentation
Deputy Mayor Duclos introduced SCA Executive Director Karen Goroski and President of
the SCA Board of Directors Dave Hutchinson. Mr. Hutchinson presented Councilmember
Kochmar with a clock to recognize her work as the SCA Public Issues Committee Chair.
Ms. Goroski gave a brief update on the efforts of SCA. She distributed and reviewed the
2010 SCA Annual Report.
b. Volunteer Recoqnition — Governor's Outstandinq Service Award
Deputy Mayor Duclos presented certificates of recognition to Federal Way residents Ruth
Cole and Dick Mayer who were recently awarded the Governor's Outstanding Volunteer
Service Award. Both recipients were honored at a ceremony at the Govemor's Mansion in
Olympia on April 11, 2011. Ruth Cole has volunteered at the Federal Way Senior Center
City Council Minutes — April 19, 2011 Regular Meeting Page 1 of 6
for the past five years and is an active member of the Retired Senior Volunteer Program of
King County. Dick Mayer is a long-time volunteer and member of the Federal Way Lions
and Kiwanis. He is also the Good Works Coordinatorwith Wal-Mart. Ms. Cole thanked the
Council for recognizing her efforts and spoke about how much volunteering has benefited
her life. Mr. Mayer thanked the Council for their support, and stated he was honored to
receive this certificate of recognition as well as the Governors Award.
c. Future Business Leaders of America (FBLA)
Mayor Priest introduced students from the Thomas Jefferson High School Future
Business Leaders of America Program. The students recently competed in a state
conference with 1,600. Twelve Thomas Jefferson students made it to their final events
and seven qualified for the National FBLA conference in Orlando.
Emily Phan, Thomas Jefferson FBLA member spoke about the program and the
upcoming National competition in Orlando.
d. Mavors Emerqinq Issues
Mayor Priest stated the Hearing Examiner conducted a hearing regarding the Notice to
Cease Activity Order issued to Branches Garden Centeron April 18, 2011. He noted there
is one issue that remains which relates to the covering of the structure. Staff shared a
video comparing the flammability of fire retardant plastic versus non-fire retardant plastic.
Mayor Priest stated that this is a public safety issue and the City is working with the
owners of Branches Garden Center to reach a resolution.
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAK/NG.
When recognized by the Mayor, come forward to the podium and state your name for the record.
PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments
that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate.
Steve Jensen, owner of Branches Garden Center thanked the Council for their support as
they work with the City to resolve the issues associated with the Notice to Cease Activity. He
stated the issue of the poly covering is a complex one, as fire retardant coverings do not allow
optimal growing conditions for a nursery.
Sharon Jensen, owner of Branches Garden Center spoke in regards to the video shown by
the City. She stated the material shown in the video has not been manufactured for a few
years. The cost to purchase the material would be very expensive and would need to be
replaced in less than a year.
Laura Burt is an employee of Braches Garden Center. She spoke in opposition to the Notice
to Cease Activity Order issued to Branches Garden Center. She encouraged the City to find a
resolution with the owners.
Dan Crooks is a risk analyst for Boeing. He spoke in opposition to the Cease Activity Order
issued to Branches Garden Center. He stated he would hate to see the loss of this business
in Federal Way.
Nancv Combs spoke in support of Branches Garden Center, and for installation of stop signs
in her neighborhood on 21S' Ave. SW.
Bob Darriqan stated a Lions Conference will be held in Seattle in June. As president of the
Federal Way Senior Center, he provided a report on their recent activities.
City Council Minutes — April 19, 2011 Regular Meeting Page 2 of 6
Hope Elder spoke in support of Council Business item 6c.,The Farmer's Market Lease. She
stated she would like to see banners across the roads advertising some of Federal Way's
events.
Norma Blanchard spoke in support of the City Council adopting term limits. She feels the time
period allotted to collect signatures under the initiative process is not achievable and would
like to have the 90-day time period extended to six months.
Bettv Tavlor spoke about her recent experience with WaterburyApartments management and
how it has motivated her to help others.
Denise Yun inquired about the Mayor's contingency fund, the balance, and whether unused
funds roll over each year. She also inquired about the rainy day fund and how both funds fit
into the budget.
5. CONSENT AGENDA
Items listed below have been previously reviewed in fheir entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individua! items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: April 5, 2011 Special and Regular Meetings Approved
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c. 2012 Land & Water Conservation Fund Grant Application Approved
d. Landscape Bid Award Approved
e. Create and Post Coyote Information Signs Approved
f. Application for Ballistic Vest Partnership (BVP) Grant Approved
g. Clearwire Site Lease — Lakota Park Approved
MOTION: Deputy Mayor Duclos moved approval of items 5a through 5g.
Councilmember Kochmar second.
Councilmember Freeman pulled item 5b. .
VOTE: Items 5a, 5c, 5d, 5e, 5f and 5g were approved 7-0.
5b. NTS Proqram Policv Review and 21 Ave. SW at SW 304 NTS Chronoloqv
Councilmember Freeman asked City Traffic Engineer Rick Perez how the visibitity of
the existing stop signs could be improved. Mr. Perez stated for drivers travelling the
speed limit the stop signs were visible, however, one option to improve visibility would
be to paint stop lines at the intersections where the stop signs are located.
MOTION: Councilmember Kochmar moved approval of option 1on both issues,
to make no changes to the NTS Policy regarding the all-way stop proposal on
21 Avenue SW and SW 304 Street, and to revise the NTS Policy to provide
balloting results separately and jointly when areas outside the City are balloted.
Also with the understanding that stop-lines witl be installed. Councilmember
Freeman second. �VOTE: Motion carried 7-0.
City Council Minutes — Apri119, 2011 Regular Meeting Page 3 of 6
6. COUNCIL BUSINESS
a. Parks and Recreation Commission Appointments
MOTION: Councilmember Burbidge moved to re-appoint Julio Diaz and Jack
Sharlock to the Parks and Recreation Commission with terms expiring April 30,
2014. She further moved to appoint current alternate members Louise Wessel to
position number 1 to fill the unexpired term of April 30, 2012. Martin Moore to
position number 8 with a term expiring April 30, 2014 and Dwight Otto to position
number 9 with at term expiring April 30, 2014. Councilmember Kochmar second.
VOTE: Motion carried 7-0.
b. RFQ/RFP for Former AMC Theatre Site Redevelopment
Economic and Community Development Director Patrick Doherty stated the City Council
held special meetings on March 1, March 15, and April 5, 2011 to gather both public and
Council comments on the draft RFQ/RFP. Based on input received at those meetings a
revised RFQ/RFP is before Council for approval. If approved, the RFQ/RFP may be
published and mailed out as soon as April 25, 2011. If published on that date, responses
will be accepted through June 6, 2011. The Council discussed setting height limits as well
as the minimum size of the park.
MOTION: Deputy Mayor Duclos moved to approve the proposed RFQ for
redevelopment of the former AMC Theatre site as presented. Councilmember Park
second.
AMENDMENT: Councilmember Kochmar moved to restrict the height to
approximately 200 feet. Councilmember Ferrell second. VOTE: Amendment failed
2-5, Deputy Mayor Duclos and Councilmembers Dovey, Burbidge, Ferrell and Park
dissenting.
VOTE: Main motion carried 7-0.
c. Farmers Market Lease
Community and Economic Development Director Patrick Doherty stated the Farmers
Market has lost their current location and approached the City to use the former AMC
Theatre site from May to October 2011. Mr. Doherty reviewed the terms of the lease and
the Council asked clarifying questions of Mr. Doherty. Councilmember povey recused
himself from voting on this item.
MOTION: Councilmember Burbidge moved approval of the Lease Agreement for the
2011 Market Season, with a compensation of $5,000.00, and authorizing the Mayor
to sign said agreement. Deputy Mayor Duclos second. VOTE: Motion carried 6-0.
Councilmember povey recused.
d. Resolution Reqardinq the Retreat Meadows Preliminarv Plat
MOTION: Councilmember Kochmar moved to adopt the Hearing Examiner's
recommendation and approve the Retreat Meadows Preliminary Plat as set forth in
the proposed resolution. Councilmember povey second. VOTE: Motion carried 7-0.
Resolution 11-603.
City Council Minutes — April 19, 2011 Regular Meeting Page 4 of 6
7. ORDINANCES
First Reading and Enactment:
CB#571 Moratorium Reqardinq Cannabis Related Businesses
An ordinance of the City of Federa! Way, Washington, imposing a six month moratorium on
cannabis-related businesses.
MOTION: Councilmember Kochmar moved approval and adoption of Council
Bill #571; a six-month moratorium regarding cannabis-related businesses,
prohibiting the City Clerk from accepting business applications and/or
letters of intent, and setting a public hearing regarding the moratorium at
the May 17, 2011 City Council meeting. Councilmember povey second.
VOTE: Motion carried 7-0. Ordinance 11-690
Second Reading:
CB #567 Amend FWRC Reqardinq Pawnbrokers and Secondhand Dealers
An ordinance of the City of Federal Way, Washington, relating to Pawnbrokers and Secondhand
Dealers; amending FWRC 12.15.010, 12.15.140, 12.15.230, 12.15.290, 12.15.300 and adding a
new section to 12.15.330.
MOTION: Councilmember Ferrell moved approval and enactment of the
ordinance. Deputy Mayor Duclos second. VOTE: Motion carried 7-0.
Ordinance 11-689
8. COUNCIL REPORTS
Councilmember Ferrell wished everyone a Happy Easter and stated he will be attending the
upcoming Easter Egg Hunt at Steel Lake Park.
Councilmember Kochmar stated the next LUTC meeting is May 2, 2011. She noted finro of the
five nominees for the Jefferson Awards were Federal Way residents.
Deputy Mayor Duclos reported on a Metro Solid Waste Management Advisory Committee
meeting she attended and requested a presentation on the King County Solid Waste
Interlocal Agreement be scheduled for an upcoming Council meeting.
Councilmember Park stated he attended an Energy Renewal Conference in Korea. He will be
attending an upcoming King County Flood Control Meeting and reported the next FEDRAC
meeting is April 26, 2011.
Councilmember Burbidge reported on a SCATBD meeting she attended as well as a Puget
Sound Regional Council Policy Board meeting. Councilmember Burbidge asked for a follow-
up report on the City's Earth Day events at the next Council meeting.
Councilmember povey had no report.
Councilmember Freeman stated he has been using public transportation over the last few
months and would like to schedule a presentation for an upcoming Council meeting regarding
the reduction in transit services in Federal Way.
City Council Minutes — April 19, 2011 Regular Meeting Page 5 of 6
9. MAYORS REPORT
Mayor Priest thanked staff for their hard work and thanked the citizens for attending the
meeting.
10. EXECUTIVE SESSION
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The Council did not adjourn to executive session.
11. ADJOURNMENT
With no additional business before the Council, Mayor Priest adjourned the meeting at
9:40 p.m.
Attest:
c �
Carol McNeilly, CMC, City CI r
Approved by Council: May 3, 2011
City Council Minutes — April 19, 2011 Regular Meeting Page 6 of 6