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Council MIN 01-17-2012 RegularCITY OF ,� Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 17, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:03 pm. Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the Pledge of Allegiance. Mayor Priest asked for a moment of silence for fallen Park Ranger Margaret Anderson. MOTION: Councilmember Duclos moved to amend the agenda to add as item 6m under Council Business the discussion and approval of a proposed letter to the City's Legislators regarding Sound Transit legislation. 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 AAotion carried 7-0. 3. PRESENTATION a. Business Recvcler of the Year Mayor Priest announced this item will be postponed to another Council meeting as the recipients of this award were unable to attend the meeting due to the inclement weather. City Councid Minutes — January 17, 2012 Regudar Meeting Page 1 of 12 b. Mavor's Emerqinq Issues Mayor Priest stated there were five emerging issues. Sound Transit and Audit announced bv State Auditor Mayor Priest stated the Washington State Auditor announced earlier this month that his office would be conducting a comprehensive performance audit of Sound Transit. The City supports this audit as there are several questions regarding the money Sound Transit is collecting from Federal Way taxpayers and the level of service being provided, especially the broken promise to bring light rail to Federal Way. The Mayor wrote a letter to the State Auditor last week outlining several concerns we have and hope that they look at. Mayor Priest shared a photo provided by a resident showing the overcrowding that is occurring on Sound Transit busses that service Federal Way. During the work week busses are standing room only. Full busses are leaving people to wait in the rain for the next bus, or the bus following that one. The City brought this issue to Sound Transit and they responded as if it was no big deal. Nine cents of every dollar spent by a Federal Way resident goes to Sound Transit. This equates to Thirteen and a half million dollars each year. For that amount there should be better service and better responses to issues. Councilmember Duclos amended the agenda for the Council to take action regarding a proposed letter to our legislators conceming Sound Transit (item 6.m.). Request for Proposals for the Communitv Enhancement Grant: Administrative Services Director Bryant Enge reported the Community Enhancement Grants support community and educational projects and activities. There is $20K available for funding with a maximum grant award of $1,500. Mr. Enge reviewed the grant guidelines. This is a competitive grant process. The application period begins January 18th and applications must be submitted by February 16, 2012. Applications will be reviewed by the Human Services Commission. Airport Issues Mayor Priest stated he attended a meeting with the Federal Aviation Administration (FAA) last week. The FAA is working on an Environmental Assessment on proposed airline routes — it is called the Greener Skies Initiative. The environmental assessment period is an opportunity for Federal Way residents to share their concerns about airport noise. A meeting will be held on January 25, 2012 at the Federal Way Library on S. 320�' starting at 6:00 pm. Medical Cannabis Mayor Priest stated the Council has taken a very direct stand regarding medical cannabis. It is against Federal Law and therefore not allowed in the City. Tomorrow there is a hearing in Olympia regarding the latest version of proposed legislation regarding medical cannabis. Police Chief Brian Wilson and other representatives from the Police Department will be attending the hearing ta testify on the Council's position. • Council's Annual Retreat The City Council will conduct their annual retreat on Saturday, January 28"' at Dumas Bay Centre starting at 9:00 am. Deputy Mayor Ferrell stated the following topics were slated for discussion: Sustainable Budget, Public Safety, Economic Development/Civic Center Development and Council Rules of Procedure. City Council Minutes — January 17, 2012 Regular Meeting Page 2 of 12 4. CITIZEN COMMENT Tracv Hills spoke about Sound Transit and recovering the funds that have been collected from Federal Way residents. Jennie Hills would like to see the City work to create jobs for people with disabilities. Norma Blanchard spoke in support of term limits for the City Council. She stated if the Council would adopt term limits they would not need to add it to the ballot. Nancv Combs welcomed Councilmember's Honda and Celski. She commented on tra�c issues in her neighborhood — specifically speeding tra�c and cars not stopping at the 4- way stop. Donald Barovic welcomed Councilmember's Honda and Celski. He reported that he is continuing to loose livestock to coyotes. He asked why he can not use a gun to protect his livestock. 5. CONSENT AGENDA � Items listed be/ow 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: January 3, 2012 Special and Regular Meeting b. Arts Commission 2012 Work Plan c. "On Call° Electrical Services Bid d. Third Arriendment for Janitorial Services e. Parks Commission 2012 Work Plan MOTION: Deputy Mayor Ferrell moved approval of items 5a through 5e. Councilmember Freeman 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. 6. COUNCIL BUSINESS a. 2012 Citv Council Committee Appointments Mayor Priest stated pursuant to Council Rules of Procedure, section 20.8 the Deputy Mayor makes Council Committee appointments in January of each year. Deputy Mayor Ferrell announced the following Committee Appointments for 2012: City Council Minutes — January 17, 2012 Regular Meeting Page 3 of 12 • Finance/Economic Development/Reqional Affairs Committee: Chair: Councilmember Duclos Members: Councilmembers Celski and Councilmember Freeman • Land Use/Transportation Committee: Chair: Councilmember Celski Members: Councilmember Honda and Councilmember Burbidge • Parks/Recreation/Human Services and Public Safetv Committee: Chair: Councilmember Honda � Members: Councilmember Freeman and Councilmember Kochmar • Lodqinq Tax Advisorv Committee Chair: Councilmember Burbidge MOTION: Deputy Mayor Ferrell moved to approve the 2012 City Council Committee appointments. 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. South Sound ReQional Business Incubator (SSRBI) Fundinq Reauest Community and Economic Development Director Patrick Doherty reported that in October 2009 the City Council approved an action to support the South Sound Regional Business Incubator (SSRBI) with up to $100,000 per year in 2010 and 2011 for programmatic support. The SSRBI has operated successfwlly during the preceding finro years, creating small businesses and new jobs for Federal Way. The SSRBI is requesting $30k from the City per year in 2012 and 2013. If approved by Council, the City Center Re-development Fund resolutions (Nos. 05-460, 09-564 and 10-573) would have to be amended to allow for this funding request. Brett Thomas, SSRBI representative reviewed their Business Plan Executive Summar� and Funding Request MOTION: Councilmember Duclos moved to approve City support in 2012 and 2013 of the SSRBI by approving an amendmentto Resolution Nos. 05-460, 09-564 and 10- 573 to appropriate $30,000 per year in 2012 and 2013 from the City Center Re- development Fund. Councilmember Kochmar second. Vote: Deputy Mayor Ferrell Yes CouncilmemberKochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. City Council Minutes — January 17, 2012 Regular Meeting Page 4 of 12 c. Arts Commission Appointments MOTION: Councilmember Honda moved to re-appoint voting members Cynthia Piennet, Maureen Hathaway and Lori Weldon to the Arts Commission for there-year terms expiring December 31, 2014, and appoint Katherine (Kate) Olson as a voting member for a three-year term expiring December 31, 2014. 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 d. Independent Salarv Commission Appointments The Council interviewed one applicant for the Independent Salary Commission at their January 17, 2012 Special Meeting. MOTION: Deputy Mayor Ferrell moved to re-appoint Donald Dennis to the Independent Salary Commission for a four-year term expiring February 28, 2016 and appoint Mark Koppang to the Commission for a four-year term expiring February 28, 2016. 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. e. Human Services Commission Appointments The Council interviewed two applicants for the Human Services Commission at their January 17, 2012 Special Meeting. MOTION: Councilmember Honda moved to re-appoint Elizabeth Hughes and Bob Wroblewski to the Human Services Commission for three-year terms expiring January 31, 2015, and appoint Mary Schultz to flll the remainder of the unexpired term of January 31, 2013, and appoint Michael Capenos as an alternate member with at term expiring Jan 31, 2015. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes City Council Minutes — January 17, 2012 Regular Meeting Page S of 12 Councilmember Freeman Yes Councilmember Ducios Yes Motion carried 7-0. f. Lodging Tax Advisory Committee Appointments The Council interviewed one applicant for the Lodging Tax Advisory Committee at their January 17, 2012 Special Meeting. MOTION: Councilmember Burbidge moved to re-appoint Mike Dunwiddie to the Lodging Tax Advisory Committee for a finro-year term expiring October 31, 2013, and appoint Rik France to the Committee for a two year-term expiring October 31, 2013. 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. g. Parks and Recreation Commission Appointments The Council interviewed two applicants for the Parks and Recreation Commission at their January 17, 2012 Special Meeting. MOTION: Councilmember Honda moved to appoint Mike Hoefel to the Parks and Recreation Commission as a voting member to fill the remainder of an unexpired term of April 30, 2014, and appoint Mark Koppang as alternate members with terms expiring April 30, 2015. Councilmember Kochmar 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. h. Steel Lake Advisorv Committee Appointments MOTION: Councilmember Celski moved to re-appoint Tom Dezutter, Margaret Reyner, Melanie Cannon and William Lineham to the Steel Lake Management Districts with two-year terms expiring December 31, 2013. Councilmember Duclos second Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes City Council Minutes — January 17, 2012 Regular Meeting Page 6 of 12 Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. i. 2012 Municipal Stormwater Grant of Reqional Siqnificance Surface Water Manager Will Appleton stated the Washington Department of Ecology is soliciting grant proposals for projects of regional or statewide significance to support implementation of the Municipal Stormwater General Permits issues in January 2007 and reissued for draft review in October 2011. The grant is competitive and only available to jurisdictions covered by a municipal Stormwater permit. The maximum amount awarded for each grant is $300k, and no matching funds are required. Staff recommends submitting a grant application for the development of a regional program intended to improve Stormwater education among elementary students. Grant applications must be submitted by January 20, 2012 and project completion must occur by June 30, 2013. Mr. Appleton noted the staff report provided to Council stated the grant request amount was anticipated to be around $60k, he now anticipates the amount to be between $70k and $75k. MOTION: Councilmember Celski moved to authorize staff to submit a Stormwater Education and Outreach Program for funding through the 2012 Municipal Stormwater Grant of Regional Significance. Councilmember Freeman 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. j. Collective Barqaininq Aqreement with Teamsters Parks/Public Works Maintenance Workers City Attorney Pat Richardson reported that the Collective Bargaining Agreement with the Teamsters Parks/Public Works Maintenance Workers expired on December 31, 2010. The parties have been in been in negotiations for over a year and have reached a tentative agreement. Key points of the agreement are change in health insurance providers; a one-time eight hours to settle the contract; a one-time eight hours to recognize they were the first union to agree to switch health insurance providers; and no wage increase for 2011 through 2014, unless the non-represented employees, as a whole receive some form of increased compensation. This new agreement will last through December 2014. The issue regarding the definition of temporary/seasonal workers remains outstanding, with a hearing on the matter scheduled for February 16 and 17, 2012. MOTION: Deputy Mayor Ferrell moved to approve the Collective Bargaining Agreement with the Teamsters Parks/Public Works Maintenance Workers and authorize the Mayor to execute the agreement. Councilmember Freeman second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes City Council Minutes — January 17, 2012 Regular Meeting Page 7 of 12 Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Cetski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. k. Collective Barqaininq Agreement with Teamsters Municipal Court Clerks City Attomey Pat Richardson reported that the Collective Bargaining Agreement with the Teamsters Municipal Court Clerks expired on December 31, 2010. The parties have been in been in negotiations for over a year and have reached a tentative agreement. Key points of the agreement are change in health insurance providers; a one-time eight hours to settle the contract; a one-time eight hours to recognize they were the first union to agree to switch health insurance providers; and no wage increase for 2011 through 2014, unless the non-represented employees, as a whole receive some form of increased compensation. This new agreement will last through December 2014. The issue regarding the definition of temporary/seasonal workers remains outstanding, with a hearing on the matter scheduled for February 16 and 17, 2012. MOTION: Deputy Mayor Ferrell moved to approve the Coll�ctive Bargaining Agreement with the Teamster — Municipal Court Clerks and authorize the Mayor to execute the agreement Gouncilmember Freeman 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. I. Arts Commission 2012 Contract for Services Recreation Supervisor John Hutton stated the Arts Commission Contract for Services program funds local arts organizations that provide cultural programs within the community. The budget for the 2012 Contract for Services is $37,900. The City solicited applications from local art organizations. The Arts Commission reviewed the applications, interviewed each organization and made funding recommendations. Councilmember Burbidge stated she needed to recuse herself from this item. MOTION: Councilmember Honda moved to approve Arts Commission 2012 Contract for Services. Councilmember Kochmar second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Recused Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 6-0. City Council Minutes —Jan"uary 17, 2012 Regular Meeting Page 8 of 12 m. Proposed Letter to Citv's Leqislators Reqardinq Sound Transit Leqislation Mayor Priest stated that Sound Transit continues to collect $13.5 million out of our community without returning comparable services, either in the form of the light rail promised by 2023 in ST2, or in the form of adequate Sound Transit Express Bus service. Sound Transit has not been responsive to the requests for improved service. Therefore, we are requesting support from the Legislature in addressing inequity in the regional transit system. MOTION: Councilmember Duclos moved to approve the proposed letter to the City's legislators regarding legislation to address our issues with Sound Transitand have it signed by all seven Councilmember's. Deputy AAayor Ferrell second Deputy Mayor Duclos stated that in 2008 Sound Transit made a promise to Federal Way to provide light rail by 2023. Underthe promised ST2 Plan, voters gave Sound Transitthe authority to collect sales taxes around the Tri-County region. Sound Transit collects $13.5 million annually for what was promised in ST2. At the May 17, 2011 Council meeting, Sound Transit announced they would not bring light rail to Federal Way. The City has drafted a letter to our legislatures describing five legislative proposals they would like to see supported. Councilmember Kochmar suggested sending a copy of the letter to the other sub-area jurisdictions. 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 #596 Amend FWRC 7.030.101 and 7.030.040 Reqardina Prohibition of Intemal Combustion Enaines on Steel Lake and North Lake An ordinance of the City of Federal Way, Washington, relating to boats an watercraft� amending FWRC 7.03.010 and FRWC 7.030.040 Senior Engineering Plans Reviewer Ann Dower stated prior to incorporation, Steel Lake and North Lake were protected by a King County ordinance that prohibited the use of internal combustion engines on the lakes. Since incorporation occasional complaints have brought into question whether or not internal combustion engines are still prohibited as their use is not addressed in the Federal Way Revised Code (FWRC). As combustion engines are sources of unnecessary noise and storm water pollutants staff is recommending amending Title 7-Public Nuisances of the FWRC to include internal combustion engines. The use of combustion engines on these lakes would be considered a civil infraction, enforceable by the City's Code Enforcement o�cer or the Police Department. The penalty would be up to $100 for the first infraction, up to $200 for the second and up to $300 for the third. City Council Minutes - January 17, 2012 Regular Meeting Page 9 of 12 City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Honda moved to forward approval of the proposed ordinance regarding prohibition of internal combustion engines on Steel Lake an North Lake to the February 7, 2012 City Council meeting for approval. 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. Second Reading: b. CB #594 Proposed Amendments Related to Hiqh Profile Siqns An orolinance of the City of Federal Way, Washington, relating to high profile pylon and pole signs; amending FWRC 19.140.140 At their January 3, 2012 meeting, the City Council moved to forward this ordinance to second reading and enactment. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Celski moved 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. Ordinance 12-712 approval of the proposed ordinance. c. CB #595 Proposed Amendments Related to Wall Mounted Banner Sictns An ordinance of the City of Federal Way, Washington, relating to wall mounted bannersigns; amending FWRC 19.140.150, 19.140.130 and 19.05.190(s) At their January 3, 2012 meeting, the City Council moved to forward this ordinance to second reading and enactment. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Celski moved approval of the proposed ordinance. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes City Councid Minutes —.Ianuary 17, 2012 Regular Meeting Page IO of l2 Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. Ordinance 12-713 d. CB #593 Proposed Amendments to FWRC 9.09 Animal Licensinq and FWRC 19.260 Animal Zoninq Requlations, Reqarding Requlation of Cats and Doqs. An ordinance of the City of Federal Way, Washingfon, relating to animal services; repealing FWRC 9.09.050, amending FWRC 9.09.040, 19.260.010 and 19.260.020 At their January 3, 2012 meeting, the City Council moved to forward this ordinance to second reading and enactment. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Honda moved approval of the proposed ordinance. 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. Ordinance 12-714 8. COUNCIL REPORTS Deputy Mayor Ferrell reported on the Suburban Cities Association orientation meeting he attended. He thanked Councilmember Freeman and the Diversity Commission fortheir efforts on the Martin Luther King event. He encouraged people to attend the upcoming City Council Annual Retreat on January 28, 2012 at Dumas Bay Centre. Councilmember Burbidge reported on the Transportation Policy Board meeting she attended as well as the upcoming Transportation Improvement Board meeting on January 26"' and 27�' in Olympia. Councilmember Honda thanked everyone who participated in the Diversity Commission Food Drive. There were volunteers at seven stores and the event collected cash donations and food for the Multi-Service Center. Councilmember Celski reported he attended the Chamber of Commerce Economic Forecast. He stated the Martin Luther King event was informational and very well done. The next LUTC meeting is January 23, 2012. Councilmember Kochmar thanked Councilmember Freeman for his work on the Martin Luther King event. She reported that she attended the fifth anniversary of the singing of the Korean- American Day event at the Asian Resource Center. City Council Minutes — January 17, 2012 Regular Meeting Page 11 of l2 Councilmember Freeman thanked Ron Walker, Our Saviors Baptist Church, City staff and everyone who contributed to the success of the Martin Luther King event. Councilmember Duclos stated that she was elected to the Suburban Cities Association Board of Directors. She reported on the Regional Policy Committee meeting she attended. 9. MAYOR'S REPORT Mayor Priest thanked Councilmember Freeman for his work on the Martin Luther King event. He reported on the upcoming Health Fair at the Federal Way Community Center. He noted the Public Works Department is prepared to address the forecasted snow. 10. ADJOURNMENT With no additional business before the Council, Mayor Priest adjourned the meeting at 9:00 pm. Attest: arol McNeilly, CM , City Cle Approved by Council: February 17, 2012 City Council Minutes — January 17, 2012 Regular Meeting Page 12 of 12