Council MIN 09-06-2011 Regular�
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CITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
September 6, 2011
7:00 p.m.
www, cityoffederal wa y. com
1.
2.
3.
CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:05 p.m.
Elected officials 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.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
PLEDGE OF ALLEGIANCE
Councilmember Ferrell led the Pledge of Allegiance.
PRESENTATI�N
a. Volunteer Recoqnition: Police Chief's Citizen Citations, Commendation and Life Savinq
Awards
Police Chief Brian Wilson presented awards to the following individuals:
Tom Pierson was presented with a Police Chief's Citizen Citation. Mr. Pierson has been the
CEO for the FW Chamber of Commerce for the last 8 years. He has been instrumental in
the City's Safe City Program, the Adopt-a-Family program and numerous other police
programs.
Robert McKenzie was presented with a Police Chief's Citizen Citation Mr. McKenzie has
been a supporter of the Federal Way Police Department for 15 years. He is the chair of the
Chiefs Call, a community task force whose mission is to serve as a communication channel
between the Police Chief and the citizens of Federal Way.
LaJohnna Greenwood was presented with a Police Chief's Citizen Commendation. Ms.
Greenwood responded to an Amber Alert while working at Target and her actions helped
capture the suspect.
City Council Minutes — September 6, 201I Regular Meeting Page 1 of 9
Ashlieqh Liqon and Nicloe Battles were presented with Life Saving Awards. Both
individuals were first responders to a motor vehicle accident and began CPR on an injured
driver before medics arrived and are credited with helping save the driver's life.
b. Proclamation: Constitution Week
Deputy Mayor Duclos read the proclamation into the record and declared September 17-23,
2011 as Constitution Week in the City of Federal Way. Peggy Eisaman from the Lakota
Chapter of the National Society Daughters of the American Revolution was in attendance to
accept the proclamation. Ms. Eisaman thanked the Council for their continued support of
this item.
c. Proclamation: National Recoverv Month
Mayor Priest read the proclamation into the record and dec�ared September as National
Recovery Month. He presented the proclamation to Geoff Miller and Pat Godfrey,
representatives from King County Mental Health, Chemical Abuse and Dependency
Senrices Division. Mr. Godfrey thanked the Council for proclaiming September as National
Recovery Month.
d. Proclamation: National Niqht Out
Councilmember Freeman stated that the throughout the year the Police Departmentworks
with neighborhoods on crime prevention. One of the biggest crime prevention events of the
year is the National Night Out event, which occurred on August 2, 2011. This year marked
the 28 annual National Night Out event. For many years, the Silverwood neighborhood
has been organizing National Night Out events and the City wanted to recognize their
efforts. Councilmember Freeman read the proclamation into the record and presented it to
Chris Sullivan and Joon Sinn, representatives of the Silverwood Neighborhood. Mayor
Priest asked Betty Taylor and other National Night Out participants to stand and be
recognized.
e. Mavor's Emerainq lssues
• Airport Noise: Mayor Priest reported that he and Councilmember Kochmar attended a
Port of Seattle Commission meeting on August 23, 2011 to discuss airport noise in
Federal Way. The City asked the Port to assess the noise problems in Federal Way, to
pursue federal mitigation funds for North Federal Way, to support the implementation of
continuous profile landings, and install a monitor to Nautilus School.
• Han Woo-Ri Festival: Community and Economic Development Director Patrick Doherty
provided some history on the Han Woo-Ri festival, which is in its sixth year. This year's
event is September 16-18, 2011 on the south side of the Commons MaIL The eventwill
have multi-cultural performances, activities for children and an opening night gala.
• Celebration Park Traffic Pattern:
City Traffic Engineer Rick Perez reported on the following roadway changes. There is
now a south link (South 330 Street) at the intersection of Park Road and 13' Place.
This provides additional access to Celebration Park from Highway 99. In addition, there
is now a stop sign at that intersection.
S 332" Street will be extended from 9' Avenue South over to 13"' Place South, and
13 Place South will be extended to tie into the existing dead-end street. That will go
down to S. 336th Street where there will be a new traffic signal and Park Road will be
re-aligned as part of these improvements.
City Council Minutes — September 6, 2011 Regular Meeting Page 2 of 9
September 11, 2011 Recoqnition Events:
Mayor priest reported on the upcoming September 11 recognition event being planned
by South King Fire & Rescue. The event will begin at 5:30 a.m at Celebration Park.
Mavor's Dav of Concern for the Hungi
Mayor Priest reported the Mayor's Day of Concern for the Hungry is September 24,
2011. Additional information and a proclamation recognizing this event will be
presented at the September 20, 2011 Council meeting.
4. CITIZEN COMMENT
Nancv Combs spoke in support of extending the 3-minute public comment period. She
� commented on speeding/racing traffic along 21st Avenue SW.
Norma Blanchard spoke regarding initiative processing timelines and issues with city staff.
Bettv Tavlor shared a video that highlighted the National Night Out event at her apartment
complex. She thanked staff for their efforts with this event.
Mia Franklin spoke regarding the development of the AMC Theatre Site and providing local
jobs. Ms. Franklin also spoke regarding the Airport Noise Study.
Kim Garcia spoke regarding the development of the AMC Theatre Site. She would like to see
development occur with a local contractor rather than an out of state developer.
Clara McArthur spoke regarding civility and free speech. She would also like Council excused
absences to reflect the reason a councilmember is absent. She also spoke regarding
neon/lighted signs in the City.
Laura Moser, Waste Management, reported that Waste Management will be collecting
curbside food for the 4 year and donating them to the MSC food bank.
Thom MacFarlane submitted written comments for the Clerk to read regarding term limits. He
would like to see this issue of term limits put out to the voters of Federal Way.
Steve Burdick submitted written comments for the Clerk to read regarding initiative and
referendum process. Mr. Burdick felt the staff presentation at the 5:30pm Special Meeting on
the timeframe to collect signatures for initiatives contained errors.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirefy by a Council Committee of three members
and brought before ful! 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 2, 2011 Special and Regular Meeting, August 23, 2011 Special Meeting
b. Vouchers
c. Monthly Financial Report - July
d. 2012-2013 Solid Waste & Recycling Grant Approvals - Resolution 11-610
e. Waste Management Contract Amendment
f. Washington Auto Theft Prevention Authority (WATPA) Interagency Agreement
MOTION: Deputy Mayor Duclos moved approval of Consent Agenda items 5a
through 5f. Councilmember Burbidge second.
Ciry Council Minutes — September 6, 2011 Regular Meeting Page 3 of 9
VOTE:
Deputy Mayor Ducios: Yes
Counciimember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
6. PUBLIC HEARINGS
a. Moratorium on Cannabis Collective Gardens
Mayor Priest reviewed the format for the public hearing and declared the hearing open at
8:22 p.m.
Staff presentation:
City Attomey Pat Richardson stated that on July 19, 2011, the City Council enacted
ordinance 11-695 establishing a six-month moratorium on cannabis related collective
gardens. She reviewed the following findings: The legislature passed Engrossed
Second Substitute Bill 5073, which became effective July 22, 2011. The Bill allows
cannabis to be grown in collective gardens. The Bill allows the City to regulate
cannabis related collective gardens by enacting zoning, licensing and/or health and
safety requirements. 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 from criminal liability under federal law. A moratorium is necessary to provide
the City with time to study the potential impacts of the Bill, to develop appropriate
zoning, health, safety and/or licensing regulations and insure the regulations comply
with the law.
• Public Comment:
Mayor Priest called for public comment. Hearing none, he declared the public comment
period closed at 8:29 p.m.
• Council Action:
MOTION: Councilmember Kochmar moved adoption of the proposed findings to
support the six-month moratorium on cannabis related collective gardens.
Deputy Mayor Duclos second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember FerrelL• Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0. Ordinance 11-698
MOTION: Councilmember Kochmar moved to close the public hearing at 8:30
p.m. Deputy Mayor Duclos second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember FerrelL• Yes
City Council Minutes — September 6, 2011 Regular Meeting Page 4 of 9
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
b. AMC Theatre Site — Surplus Propertv
Mayor Priest reviewed the format for the public hearing and declared the public hearing
open at 8:31 p.m.
• Staff Presentation:
Finance Director Tho Kraus stated the City purchased the former AMC Theatre site in
January 2007. The property is surplus to the needs of the City. A public hearing and
approval of a resolution are r�quired to declare the property surplus.
• Public Comment:
Mayor Priest called for public comment
Tracv Hills shared possible ideas for use of the AMC Theatre Site.
Bettv Tavlor asked for the RCW's and FW RC references in staff presentations to be
read or summarized.
Norma Blanchard asked what happened to the Crystal Palace development.
Mayor Priest stated the surplus of the property is required before the City can act to
enter into a develop agreement for the site, should a suitable proposal be presented
and accepted by the Council.
Amelia Vasser stated she hopes that the commitment to local hiring for the AMC site
redevelopment be included in the purchase and sale agreement.
• Council Action:
Motion: Councilmember Park moved approval of the resolution declaring the
property at 31066 20�' Avenue South as surplus, and authorizing staff to begin
negotiating the sale of the property for the best available price or transfer to
another government entity. Councilmember Kochmar second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0. Resolution 11-611
Motion: Councilmember Park moved to close the public hearing at 8:38 p.m.
Councilmember Kochmar second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
City Council Minutes — September 6, 2011 Regular Meeting Page S of 9
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
7. COUNCIL BUSINESS
a. 2011-2012 Mid-Biennium Budqet Adiustment Calendar
Finance DirectorTho Kraus reviewed the 2011-2012 mid-biennium budget calendar. The
Council will conduct a public hearing on the 2011-2012 biennial budget and property tax
rate on November 15, 2011. A special meeting will be held to review the mid-biennium
budget adjustment on November 29, 2011 (and November 30, 2011 if needed).
Ordinances adopting the 2011-2012 mid-biennial budget adjustment and 2012 property tax
rate will be presented to Council on December 6, 2011 as well as a resolution amending
the 2012 fee schedule. Public comment will be accepted at all budget meetings.
b. Usaae and Lease of Part of the Former Tovs R Us Lot for Storaae of Sand Sculpture Event
Materials
Community and Economic Development Director Patrick Doherty stated the City Council
approved a lease agreement with the Federal Way Community Council on July 5, 2011for
usage of the former Toys R Us site for the World Championship of Sand Sculpting. The
date range of the lease agreement is July 12, 2011 through September 9, 2011. The event
organizers have requested to place a large storage containecon the former Toys R Us site
in the loading dock to store materials until next year's event. This request constitutes usage
of City property and therefore requires a Councit approved lease agreement and fair market
value lease fee. Given the unusable condition of the site for regular commercial purposes,
a fair market value for usage of the loading dock area would be $10.00 per month lease
fee, paid in advance for a total of $130.00.
MOTION: Councilmember Park moved to approve the proposed lease agreement with
the Federal Way Community Council for usage of the loading dock behind the former
Toys R Us building to house a storage container holding supplies for the World
Championship of Sand Sculpture event, with a lease fee of $130.00 forthe period of
September 9, 2011 through September 30, 2012. Councilmember povey second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: No
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 6-1, Councilmember Kochmar dissenting.
8. ORDINANCES
First Reading:
a. CB #580 FW RC Amendment to Allow Animal Kennels and Animal Care Facilities in
the Neiqhborhood Business Zone
City Council Minutes — September 6, 2011 Regular Meeting Page 6 of 9
An ordinance of the City of Federal Way, Washington, relating fo allowing animal kennels and animal
care facilities in the Neighborhood Business, Community Business and Commercial Enterprise
zones; amending FWRC 19.215.040, 19.220.040 and 19.240.100
Principal Planner Margaret Clark stated the policy question before the Council is
whether or not to amend the Federal Way Revised Code (FWRC) to establish a
new definition for animal care facility and animal kennels and adopt new
development regulations for allowing animal care facilities and animal kennels in
the Neighborhood Business zone. In September 2009, the City received a request
to amend FW RC Chapter 10.215 to allow kennels, dog day eare and pet training in
the Neighborhood Business zone. This request was presented to the Land Use
Transportation Committee on March 7, 2011 andApril 5, 2011, and was selectedto
be part of the 2011 Planning Commission Work Ptan. The Planning Commission
conducted a pubtic hearing on this item on May 18, 2011. They are recommending
approval of the staff recommendation to amend the FWRC, with one modification, {
to prohibit breeding of animals in the Neighborhood Business zone.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to the
September 20, 2011 City Council meeting for second reading and en�ctment.
Deputy Mayor Duclos second.
VOTE:
Deputy Mayor Duclos: Yes
Councitmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
b. CB #581 FWRC Amendments Relatinq to Seatina Capacitv of Restaurants in the
Office Park Zone
An ordinance of the City of Federal Way, Washington, relating to seating capacity of restaurants in
the O�ce Park zone; amending FWRC 19.235.020
Principal Planner Margaret Clark stated the policy question before the Council is
should the City amend the Federal Way Revised Code (FWRC) relating to
accessory uses, maximum seating capacity for restaurants. This request was
presented to the Land Use Transportation Committee on Marcy 7,2011 and April 5,
2011, and was selected to be part of the 2011 Planning Commission Work Plan.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to the
September 20, 2011 City Council meeting for second reading. Councilmember
Dovey second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
City Council Minutes — September 6, 2011 Regular Meeting Page 7 of 9
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
c. CB #582 Vacatinq a Portion of SW 340 Street
An ordinance of the City of Federal Way, Washington, relating to vacating a portion of Southwest
34d Street located on the sough side of SW 340� Street, west of 13"' Court SW adjacent to Lot 34
of Wynstone Plat at Federal Way
Parks/Pub,lic Works Director Cary Roe stated the City received a request from
Quadrant Corporations for the vacation of a portion of SW 340�' Street in order to
better develop the lot and align the lot with the planned right-of-way width: The
vacation request was presented to Council on July 5, 2011, at which time a public
hearing was conducted. The Council approved the vacation with the condition that
Quadrant was to pay the City 50% of the appraised value of the property
($9,161.50) and obtain executed easements for utilities within the area to be
vacated. All conditions of the street vacation have been met per the Council's July
5, 2011 decision.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to the
September 20, 2011 City Council meeting for second reading. Councilmember
Dovey second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
AAotion carried 7-0.
Second Reading:
d. CB #579 Truck Route Ordinance Amendment
An ordinance of the City of Federal Way, Washington relating to deliveries by truck; amending
FWRC 8.40.040
Mayor Priest stated at their August 2, 2011 meeting the Council moved to forward
the ordinance to second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved approval of the ordinance.
Deputy Mayor Duclos second.
VOTE:
Deputy Mayor Duclos: Yes
Councilmember FerrelL• Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
City Council Minutes — September 6, 2011 Regular Meeting Page 8 of 9
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0. Ordinance 11-699
9. COUNCIL REPORTS
Councilmember Freeman reported that he attended the sand castle event as well as the
Kiwanis hot-rod car show. He reported on the upcoming September 11 remembrance and
prayer ev�nt at 6:OOpm at Sacajawea SchooL
Councilmemberpovey had no report.
Councilmerr�ber Burbidge reported the next PRHSPS meeting is September 13 2014 at 5:30
p.m She participated in a conference call with the AWC Legislative Committee regarding the
SEPA and NEPA processes. The Arts Commission will be hosting an Art in the Garden Event
on September 17, 2011 that will include free performances on the Weyerhaeuser Campus.
Councilmember Park reported the next FEDRAC meeting would be September 27, 2011 at
5:30 p.m.
Councilmember Kochmar reported the next LUTC meeting is September 12, 2011 at 5:30 p.m.
She will be attending a Public Issues Committee meeting on September 17, 2011. September
21, 2011 is the Suburban Cities quarterly meeting and dinner with Govemor Gregoire. The
SoroptimisYs will be conducting a meeting at City Hall on September 27, 2011 regarding human
trafficking.
Councilmember Ferrell had no report.
Deputy Mayor Duclos reported on the upcoming September 11 commemorative events.
10. MAYOR'S REPORT
Mayor Priest had no report.
11. EXECUTIVE SESSION
The Council did not adjourn to executive session.
12. ADJOURNMENT
With no addition business before the Council Mayor Priest adjoumed the meeting at 9:24 p.m.
A est:
Carol McNeilly, CMC, ity Clerk
Approved by Council: September 20, 2011
Ciry Council Minutes — September 6, 2011 Regular Meeting Page 9 of 9