Council MIN 01-03-2012 RegularCITY OF
�.-, Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
January 3, 2012
7:00 p.m.
www. cityoffederal wa y. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:00 pm.
Elected officials present: Mayor Skip Priest, Councilmember Jim Ferrell, Councilmember
Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge,
Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini
Duclos.
2. PLEDGE OF ALLEGIANCE
Hope Elder led the Pledge of Allegiance.
3. PRESENTATIONS
a. Oath of Office for Elected Officials: Bob Celski Dini Duclos, Jim Ferrell, Susan Honda
Municipal Court Judge David Larson administered Oaths of O�ce to Councilmember's
Bob Celski, Dini Duclos, Jim Ferrell and Susan Honda.
Councilmember Celski stated he was overjoyed to be a member of the City Council and
takes his oath very seriously. He is looking forward to working towards a brighter future
for Federal Way. He thanked his family for their support and encouragement, and
thanked the citizens of Federal Way for voting for him.
Councilmember Honda stated she is honored to be part of the City Council. She thanked
her family for their support and stated she will do her best to serve the citizens of Federal
Way.
Councilmember Ferrell welcomed Councilmembers Celski and Honda. He thanked his
family for their support. He is looking forward to working with the Council for the next four-
years.
Councilmember Duclos thanked the citizens for voting her to serve on the Council for
another term. Since she has retired from the Multi-Service Center she will be taking on
additional responsibilities for the Council.
b. Election of Deputv Mavor and Oath of Office
Mayor Priest reviewed the election procedure for Deputy Mayor and called for
nominations for Deputy Mayor. Councilmember Freeman nominated Councilmember
Ciry Council Minutes — January 3, 2012 Regular Meeting Page 1 of 10
Ferrell for Deputy Mayor. Hearing no additional nominations, Mayor Priest asked for a
motion to close the nominations.
MOTION: Councilmember Duclos moved to close the nominations for Deputy
Mayor. Councilmember Kochmar second.
VOTE:
Councilmember Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
MOTION: Councilmember Duclos moved to direct the City Clerk to cast a
unanimous vote for Councilmember Ferrell to serve as Deputy Mayor for the term of
2012-2013. Councilmember Freeman second.
VOTE:
Councilmember Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
City Clerk McNeilly administered the oath of office to Deputy Mayor Ferrell.
c. Recoqnition of Outqoinq Deputv Mavor
Deputy Mayor Ferrell presented outgoing Deputy Mayor Dini Duclos with a plaque for her
two-years of service as Deputy Mayor.
d. Performance bv Jet Citv Chorus
Jet City Chorus performed the Star Spangled Banner.
RECEPTION HONORING ELECTED OFFICIALS
The Council recessed at 7:25 pm to attend a reception honoring the newly elected
Councilmember's and Deputy Mayor. The Council reconvened at 7:45 pm.
e. Proclamation: Jet City Chorus
Councilmember Burbidge stated that Jet City Chorus has been singing in and around
Federal Way since 1962 and they are here with us tonight to celebrate their 50"'
anniversary. Jet City Chorus is the Federal Way Chapter of the Sweet Adeline's
International, one of the world's largest singing organizations forwomen. Councilmember
Burbidge read a proclamation into the record declaring January to be Sweet Adeline's
International Month and presented it to the Jet City Chorus member Phyllis Domingo.
City Council Minutes — January 3, 2012 Regular Meeting Page 2 of ]0
f. Volunteer Spotliqht: Communities in Schools
Mayor Priest stated Communities in Schools (CIS) was the focus of this month's
Volunteer Spotlight. The organization places outreach coordinators in schools and works
with volunteers to provide one-on—one mentoring for at-risk youth. The program is
helping kids stay in school and reach academic success. Mayor Priest read a
proclamation into the record declaring January as Mentoring Month in the City of Federal
Way and presented it to Tracy Oster, CIS Executive Director, Pete Gonzales, Board
President and Volunteer Mentor Brett Hulse. Members of the program thanked the
Council for the recognition and spoke to the positive impacts their program has had on
the students and volunteers.
g. Mavor's Emerqing Issues
Mayor Priest stated there were no emerging issues.
4. CITIZEN COMMENT
Lee Landrud of Occupy Federal Way, spoke in support of helping people and making changes
in the community.
Libbv Bennett of Occupy Federal Way, shared her concerns with the current economy. She
stated Occupy Federal Way is looking for change and they want to educate the community.
Bettv Tavlor asked for clarification on the Council rule that stated a group can speak for five
minutes. She spoke in support of extending the public comment period from three to five
minutes.
Keith Tvler spoke in support of Occupy Federal Way. He asked Council to listen to their
message.
Norma Blanchard asked the Council to consider the implementation of term limits.
Clara McArthur congratulated the new Councilmember's and thanked the citizens forvoting for
new members.
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: December 6, 2011 Special and Regular Meeting
b. West Hylebos Creek Culvert Replacement/ Removal and Flood Control Improvements-
Project Acceptance and Retainage Release
c. WA Traffic Safety Commission Grant MOU 2011/2012 -$10,837.50
d. WA Traffic Safety Commission Grant MOU 2011/2012 -$8,200.00
e. Renewal of Jail Services Contracts
MOTION: Deputy Mayor Ferrell moved approval of items 5a through 5e. Councilmember
Freeman second.
VOTE:
City Council Minutes — January 3, 2012 Regular Meeting Page 3 of 10
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
Motion carried 7-0.
6.
COUNCIL BUSINESS
Yes
Yes
Yes
Yes
Yes
Yes
Yes
a. Lodqinq Tax Advisorv Committee's Event Fundinq Recommendation for 2012
Community and Economic Development Director Patrick Doherty stated at their December
12, 2011 meeting the Lodging TaxAdvisory Committee reviewed funding requestsforfinro
events — a Buds and Blooms Festival and a Slavic Heritage Festival. The funding request
for the 2012 Buds and Blooms is $36k. The Council has already approved $30k for this
event. The Lodging Tax Advisory Committee is recommending funding for the additional
$6k for Buds and Blooms.
The funding request for the 2012 Slavic Heritage Festival is $25K. During the 2011
Tourism Enhancement Grant cycle, the festival was awarded $3,000 and asked to return
to the Committee with a more detailed budget in order to be considered for a larger
financial commitment from the 2012 budget. The Lodging Tax Advisory Committee is
recommending funding the Slavic Heritage Festival $22k.
MOTION: Councilmember Burbidge moved to revise the 2012 LTAC work
program and budget to include the following: an additional $6k for the Buds and
Blooms Festival and $22k for the Slavic Heritage Festival. Councilmember
Kochmar second.
VOTE:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
Motion carried 7-0.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
b. Tourism Enhancement Grant Clarification — Historical Societv
Mayor Priest stated that at their December 6, 2011 meeting the Council approved the
Tourism Enhancement Grants for several entities. The amounts allocated for the Federal
Way Historical Society was $1,000. However, the Finance, Economic Development and
Regional Affairs Council Committee approved the funding request for the Histo�ical
Society at $2,500 at their November 22, 2011 meeting. This is a housekeeping issue to
correct the funding amount to $2,500.
MOTION: Councilmember Burbidge moved approval of a Tourism Enhancement
Grant award in the amount of $2,500 to the Federal Way Historical Society for
development of a historic-attractions brochure. Councilmember Duclos second.
City Council Minutes — January 3, 2012 Regular Meeting Page 4 of 10
VOTE:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
Motion carried 7-0.
c. Vouchers
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Mayor Priest reported the monthly vouchers are normally addressed by the Finance,
Economic Development and Regional Affairs Council Committee. With the cancellation of
their December 27, 2011 meeting the vouchers are coming before Council under Council
Business for approval.
Finance Director Tho Kraus reviewed the vouchers for the period of November 30, 2011
through December 15, 2011. 378 vouchers were issues totaling $2,920,107.40, plus a
Federal Way Community Center debt service payment of $622,556.26 was issued.
MOTION: Councilmember Burbidge moved approval of the vouchers.
Councilmember Kochmar second.
VOTE:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
Motion carried 7-0.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
d. Monthly Financial Report — November 2011
Mayor Priest stated the monthly financial report normally goes before the Finance,
Economic Development and Regional Affairs Committee for review. However, with the
cancellation of their December 27, 2011 meeting the monthly financial report is coming
before Council under Council Business for approval.
Finance Director Tho Kraus reviewed the monthly financial report for November 2011.
Results for November are similar to previous months' reports. This financial report does
not include the mid-biennium budget adjustments that were approved by Council in
December 2011. Revenues total $39:5M, up $834K. Expenditures total $38.5M, down
$3.4M. In the General and Street Fund Revenues, properiy tax is up $122K, Sales Tax is
up $43K, Criminal Justice Sales Tax is up $148K; Inter-governmental is up $447k,
Gambling Tax is up $260K and Parks/General Recreation is up $76k. Building Permits &
Fees are down $154K, Right-of-Way Permits and Development Fees are down $13k,
Court Revenues are down $60k and Police Services/Animal Licenses are down $81 K.
All departments are showing savings, however, some savings will be taken as a result of
the recently approved mid-biennium adjustments, and some will be requested to be
carried forward for projects that were approved but not completed in 2011.
Property tax collections through November 2011 total $9,616K; the year-end estimate is
$9,697K. The City received $853K for November's distribution. This is $72K less than
City Council Minutes — January 3, 2012 Regular Meeting Page 5 of IO
November 2010 and budget estimated due to the State taking back $78K or an
overpayment error made in July 2011. Utility Tax collections through November total
$11.52M. Real Estate Excise Tax collections through November total $1,475K. Red Light
Photo collections through November total $852K which exceeds the current annual
budget by $22K. For the Federal Way Community Center, revenues are up $66k and
expenditures are down $30K.
MOTION: Councilmember Burbidge moved approval of the November 2011
Financial Report. Deputy Mayor Ferrell second.
VOTE:
Deputy Mayor
Councilmember Kochmar
Councilmember Honda
Councilmember
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
Motion carried 7-0.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
e. Proposed Collective Barqaininq Aqreement with Police Support Services
City Attorney Pat Richardson reported the collective bargaining agreement with the Police
Services Support Association expired on December 31, 2010. The parties have been in
negotiation this year and have reached a tentative agreement. Key points in the
agreement are: change in healthcare insurance providers, an increase in the number of
holiday hours in the bank, a one-time 8 hour holiday bank to settle the contract, no wage
increases for 2011 or 2012, and withdrawal of the pending unfair labor practice.
MOTION: Councilmember Burbidge moved to approve the memorandum of
understanding with the Police Support Services Association. Deputy Mayor Ferrell
second.
VOTE:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
Motion carried 7-0.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
f. Purchase and Sale Agreement fformer AMC Theatre site) / Crvstal Wav LLC..
Community and Economic Development Director Patrick Doherty stated the Council
approved a Purchase and Sale Agreement with Arcadd Inc. for the former AMC Theatre
site. The agreement has a closing date of January 6, 2012. Arcadd Inc. is currently in the
process of finalizing financing for the proposed mixed-use project and is requesting an
extension to the closing date. The extension request for the execution of the agreement is
January 27, 2012 and deposit of earnest money would be required, with closing on the
purchase of the property extended to April 2, 2012. Mr. Doherty introduced Dr. Hisham
Ashkouri who stated they have continued to work on the design of this project. Funding
has been approved and they are waiting on the finalization of paperwork.
MOTION: Councilmember Kochmar moved to amend the Purchase and Sale
City Council Minutes — January 3, 2012 Regular Meeting Page 6 of I D
Agreement for the former AMC Theatre site to provide that the earnest money of
$150k and execution of the agreement will occur on or before January 27, 2012 and
to provide that the closing will occur on or before April 2, 2012. Councilmember
Burbidge second.
VOTE:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
7. ORDINANCES
First Reading:
a. CB #594 Proposed Amendments Related to Hiqh Profile Siqns
An ordinance of the City of Federal Way, Washington, relating to high profile pylon and pole signs amending
FWRC 19.140.140
Contract Planner Jim Harris reviewed the criteria for high profile signs. Requirements are
a minimum of a 15 acre site, minimum 250 linear feet of frontage on one right-of-way and
must be zoned CC-C, CC-F BC or CE. If a site has an additional 500 feet of right-of-way
frontage for a total of at least 750 feet, they are eligible for a second high profile sign.
The proposed amendment to FWRC 19.140.140 would allow an additional (third) high
profile pole or pylon sign for multi-tenant sites over 15 acres in size and with more than
2,000 linear feet of frontage on a right-of way. As proposed, high profile pylon or pole
signs must be separated by a minimum of 250 linear feet along the right-of-way from
another high profile pylon or pole sign. If the proposed amendment is approved, three
sites would qualify for a third high profile sign.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to the January
17, 2012 Council meeting for second reading and enactment. Councilmember
Duclos second.
VOTE:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
b. CB #595 Proposed Amendments Related to Wall Mounted Banner_s
An ordinance of the City of Federal Way, Washington, relating to wall mounted banner signs, amending
FWRC 19.140.150, 19.140.130 and 19.05.190(s).
City Council Minutes - January 3, 2012 Regular Meeting Page 7 of 10
Contract Planner Jim Harris stated the current code does not specifically allow a banner
as an approved building mounted sign type. However, banners are allowed on a
temporary basis for special event signs. The proposed amendments to FWRC 19.140
"Signs" would amend the sign regulations to allow the use of firmly affixed wall-mounted
banners as an approved sign type in non-residential zones. It would also modify the
definition of banner.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to the January
17, 2012 City Council meeting for second reading and enactmen�
Deputy Mayor Ferrell second.
VOTE:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Gelski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
c. CB #593 Proposed Amendment to FWRC 9.09 Animal Licensinq and FWRC 19.260
Animal Zoninct Reaulations. Reaardinq Reaulation of Cats and Doas.
An ordinance of the City of Federal Way, Washington, relating to animal services; repealing FWRC 9.09.050,
amending FWRC 9.09.040, 19.260.010 and 19.260.020.
City Attorney Pat Richardson stated that the Federal Way Revised Code (FWRC)
currently has zoning code requirements that conflict with the issuance of hobby licenses
as outlined in FWRC Chapter 9.09. The proposed ordinance amends the impacted
chapters of the FWRC to provide consistency and designates Title 9 as the sole source of
regulations for cats and dogs within the City.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Burbidge moved to forward the ordinance to the January
17, 2012 Council meeting for second reading and enactment. Councilmember
Duclos second.
VOTE:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
Second Reading
d. CB #590 Proaosed Amendments to SEPA Exemptions in Critical Areas
City Council Minutes — January 3, 2012 Regular Meeting Page 8 of 10
An ordinance of the City of Federal Way, Washington, relating to SEPA Exemptions in Critical
Areas; amending FWRC 14.30.030 and 14.30.040
Mayor Priest stated at the December 6, 2011 meeting the Council moved the ordinance to
second reading and enactment as the State would not recognize actions taken before
December 19, 2011.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved approval of the ordinance. Deputy
Mayor Ferrell second.
VOTE:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0. Ordinance 12-711
8. COUNCIL REPORTS
Deputy Mayor Ferrell thanked Councilmember Duclos for her service as Deputy Mayor the
past two years. He reported that he will be attending an upcoming Suburban Cities
Association meeting on Emergency Management.
Councilmember Duclos stated she will be serving on the Suburban Cities Association Board.
Councilmember Freeman welcomed Councilmember's Celski and Honda. He announced the
Martin Luther King Jr. Celebration will be January 14, 2012 at Our Saviors Baptist Church
from 5pm to 7pm.
Councilmember Celski stated that he is honored to be working with Mayor Priest and his
fellow Councilmembers.
Councilmember Burbidge welcomed Councilmember's Celski and Honda. She reported the
next PRHSPSC meeting is January 10, 2012. She noted the City is currently offering
Styrofoam recycling through January 13, 2012.
Councilmember Honda reported on the upcoming Diversity Commission food drive. She
thanked Betty�Simpson-Opstad for her service on the Arts Commission and added the City is
accepting applications from individuals interested in serving on the Arts Commission.
Councilmember Kochmar welcomed Councilmember Honda and Celski. She reported the
next LUTC meeting is January 9, 2012. January 18, 2012 will be a Charnber of Commerce
meeting which will include a State of the Schools address.
9. MAYOR'S REPORT
Mayor Priest had no report.
City Council Minutes — January 3, 2012 Regular Meeting Page 9 of 10
10. EXECUTIVE SESSION
The Council did not adjourn to executive session.
. . canceled
. . ' canceled
. . canceled
11. ADJOURNMENT
With no additional business before the Council, Mayor Priest adjourned the meeting at
9:47 pm.
Attest:
.
Carol McNeilly, CM , City CI k
Approved by Council: January 17, 2012
City Council Minutes — January 3, 2012 Regular Meeting Page 10 of 10