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Council MIN 05-17-2011 RegularciTr oF � Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall May 17, 2011 7:00 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 pm 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 Deputy Mayor Duclos led the pledge of allegiance. 3. PRESENTATIONS a. Kinq County Metro — Transit Service Reductions Councilmember Burbidge stated King County has announced that it in 2011 approximately 600,000 hours of transit service will be reduced. Councilmember Burbidge introduced Victor Obeso, Manager of Service Development to explain how this reduction will affect the citizens of Federal Way. Mr. Obeso reviewed the Metro Strategic Plan for Public Transportation 2011-2021. The service guidelines in the plan are used to determine corridors that are under or over served, routes that are over crowded and routes that are unreliable. These guidelines have been applied to the transit routes in Federal Way and the outcome was to possibly shorten some of the routes in the City. Busses that normally run every thirty minutes may be reduced to hourly service. They are trying to reduce the impacts to areas with increased ridership, especially during peak hours. b. Sound Transit - Delay of Liqht Rail Councilmember Burbidge stated Sound Transit recently announced their decision to delay light rail to Federal Way due to funding shortages. David Beal, Planning Manager from Sound Transit provided information on the delay. Mr. Beal reviewed the Sound Transit revenue forecast for 2009-2023 and stated revenues are down $3.9 billion or 25%. The South King County sub-area is down 31 %. The Board conducted a re-alignment study in City Council Minutes — May 17, 2011 Regular Meeting Page 1 of 5 December 2010 and determined three segments of the light rail were unaffordabie, one of those segments was to be located in Federal Way. Mr. Beal reviewed the possible development scenarios for linking to the various projects in the South King County subareas through 2040. The City Council asked ciarifying questions of Mr. Beal regarding development costs and possible savings if the light rail if it were buiit alongside I-5 rather than Hwy. 99. Deputy Mayor Duclos inquired about the dollar amount Federal Way residents have paid into this project. Mr. Beal stated he would get that number to city staff. Councilmember Ferrell asked if only segments located in the South County subarea were being cut. Mr. Beal stated yes. Councilmember Kochmar spoke to the high costs of tunneling for some segments of the project and reiterated Federal Way's need for service. c. WSDOT- Trianqle Proiect Construction Update and Upcominq Scheduled Ramp Closures Councilmember Burbidge announced construction activity for the Triangle Project at I-5, Highway 161 and S. 348' is getting to the phase where it will impact traffic travel. Aleta Borschowa, WSDOT Project Engineer and Mike Murphy, Communications representative provided the an update on the project schedule and information about the upcoming ramp closure. Mr. Murphy reviewed the project and stated the current clover-leaf interchanges will be replaced with flyover ramps to eliminate weaving traffic. Mowat Construction is the prime contractor on this project, however, more than a dozen contractors and sub- contractors are involved. Ms. Borschowa reviewed some of the upcoming road closures and detour routes that will be in place. Weyerhaeuser Way to the westbound SR 18 ramp will be closed from May 31 to late August. Westbound SR 18 to the northbound 1-5 ramp will be closed fourweeks in August. Eastbound SR 18 to the southbound I-5 ramp will be closed July 15-18. Total closure of I-5 and SR 18 will occur three nights in both October and November. d. Proclamation: Kinship Careqiver Dav Councilmember Freeman spoke to the importance of extended family and those who are stepping in to fill the role of parents. Councilmember Freeman read the proclamation into the record and proclaimed May 18, 2011 as Kinship Caregiver Day. Councilmember Freeman presented the proclamation to Betty Taylor, Barbara Wiley, Fai Matthews and Renee Harris. The recipients spoke to the importance of this program and thanked the Council for the recognition of kinship families. e. Mavor's Emerqinq Issues Mayor Priest stated there were not emerging issues. 4. CITIZEN COMMENT Nancv Combs asked the Council to enact stricter laws regarding harassment from neighbors. Norma Blanchard reviewed her correspondence with city staff regarding the initiative and referendum process and spoke in support of the Council adopting term limits. Jim Thode spoke regarding a retention pond drainage issue at a home he owned and later sold to Roy Parke. City Council Minutes — May 17, 2011 Regular Meeting Page 2 of 5 Rov Parke spoke about flooding issues at a home he formerly owned in Federal Way. When he began to speak about claims of perjury he was interrupted by Mayor Priest. Donald Barrovic inquired if item 5b was discussed at a Council Committee meeting and spoke in support of the cannabis moratorium. Roqer Flyqare asked the City Council to help get high-speed internet access at the Federal Way Plaza South business park. Keith Tvler spoke in support of mixed used development in the downtown. Fai Matthews submitted comments for the Clerk to read regarding hiring practices. 5. CONSENT AGENDA a. Minutes: May 2, 2011 Special Meeting and May 3, 2011 Regular Meeting b. Water Quality Monitoring Equipment Replacement MOTION: Deputy Mayor Duclos moved approval of the Consent Agenda items. Councilmember Park second. VOTE: Motion carried 7-0. 6. PUBLIC HEARING a. Moratorium on Cannabis-Related Businesses Mayor Priest reviewed the format for the public hearing. Staff will make a brief presentation and then he will call for public comment. Mayor Priest declared the hearing open at 9:22 p.m. Staff Presentation: City Attorney Richardson stated the City Council enacted ordinance number 11-690 on April 17, 2011, establishing a six-month moratorium regarding cannabis-related businesses, and in accordance with State Law and with the ordinance, a public hearing was scheduled for the May 17, 2011 City Council meeting. Ms. Richardson reviewed the findings of the issue. Current state and federal law do not authorize operation of cannabis-related business within the City. State Legislature is considering legislation to legalize cannabis businesses. Proposed state law would require the City to allow cannabis businesses. Proposed state law would allow cannabis related businesses to operate without state regulations until 2013 authorization from State. Any version of state law would require the City to update its business license and zoning codes. The U.S. Department of Justice issued a letter dated April 14, 2011 stating that City employees conducting state mandated activities would not be immune form criminal liability under federal law. Public Comment: Mayor Priest called for public comment. Chris Gerrard asked the City to weigh the pros and cons to allow dispensaries to operate legally in the City. MOTION: Councilmember Kochmar moved to adopt the proposed findings discussed and supporting the moratorium on cannabis-related businesses. Deputy Mayor Duclos second. VOTE: Motion carried 7-0. City Council Minutes — May 17, 2011 Regular Meeting Page 3 of 5 7. COUNCIL BUSINESS a. Commission Appointment: Human Services Commission MOTION: Councilmember Burbidge moved to appoint Jan Owen to position number nine to fill the remainder of an unexpired term through January 31, 2014. Councilmember povey second. VOTE: Motion carried 7-0. b. Sound Transit — Discussion Reqardinq Delavinq Liqht Rail to Federal Wav Senior Traffic Engineer Rick Perez provided background information on this item. He suggested developing an Op-Ed article for publication as well as testifying at an upcoming Sound Transit Board meeting on May 26. Deputy Mayor Duclos proposed having a meeting with the City's Sound Transit representative. Councilmember povey suggested having meetings with Highline Community College and enlisting other organizations for support. Councilmember Ferrell suggested drafting a resolution encapsulating the reasons why Federal Way should have light rail. MOTION: Deputy Mayor Duclos moved to suspend the Council Rules and extend the meeting past 10:00 pm. Councilmember Ferrell second. VOTE: Motion carried 7-0. Council consensus was to hold a special meeting on May 24, 2011 after the FEDRAC meeting to adopt a resolution supporting light rail in Federal Way. 8. ORDINANCES Second Reading: a. CB 572 Federal Wav Revised Code (FWRC) — Unfit Premises Code Amendment An ordinance of the Cify of Federal Way, Washington, relating to Unfit Premises; amending FWRC 1.15.140; 1.15.160; 1.15.180; 1.15.190; 1.15.250; and adding new section to FRWC 1.15. City Attorney Richardson showed examples of previous abatement homes and reviewed options regarding recouping remediation costs. The first option is to enter into an agreement with the interested parties to remediate the problem and assume financial responsibility. The second option is for the City to file a remediation lien with King County. The third option is for the City to commence a lawsuit in small claims court, provided the amount is $5k or below. If the amount is over $5k the option would be for the City Attorney's Office to file a lawsuit in King County Courts. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved approval of the ordinance. Councilmember Freeman second. VOTE: Motion carried 7-0.Ordinance 11-691 9. COUNCIL REPORTS Councilmember Ferrell reported he attended the grand opening of the Farmers Market. He also attended the funeral service for retired Police Officer Steve O'Neal. Councilmember Kochmar had no report. City Council Minutes — May 17, 2011 Regular Meeting Page 4 of 5 Deputy Mayor Duclos reminded the Council there would be a presentation by King County Solid Waste at the June 7, 2011 Council meeting. Councilmember Park reported on an upcoming King County Flood Control Meeting. May 24, 2011 is the next FEDRAC meeting. Councilmember Burbidge reported on upcoming community and art events in Federal Way. Councilmember povey reported the LTAC would be reviewing the Tourism Enhancement Grants at their next meeting. Councilmember Freeman reported he is excited to see the RFP's for the downtown development. 10. MAYOR'S REPORT Mayor Priest had no report. 11. ADJOURNMENT With no additional business before the Council, Mayor Priest adjourned the meeting at 10:30 pm. Attest: � ��� � Carol McNeilly, CMC, Ci Clerk Approved by Council: June 7, 2011 City Council Minutes — May 17, 2011 Regular Meeting Page 5 of 5