Council MIN 02-07-2012 RegularCITY OF
,'.�,,��... Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hail
February 7, 2012
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest cailed the meeting to order at 7:03 pm.
Elected o�cials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar,
Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski and
Councilmember Dini Duclos.
Mayor Priest excused Councilmember Roger Freeman from the regular and special meeting due to illness.
Staff present: City Attorney Pat Richardson and Deputy City Clerk Krystal Roe.
2. PLEDGE OF ALLEGIANCE
Dick Mayer led the Pledge of Allegiance.
3. PRESENTATIONS
a. Volunteer Spotliqht: Park Pals
Mayor Priest stated members of Park Pals were instrumental in creating and maintaining the City's first
off-leash dog park at French Lake Park. Councilmember Honda spoke to the importance of this group
and presented certificates of accomplishment to its members.
Parks Pals President JoAnn Hugill thanked the Council for the recognition and shared information
about the club's activities, future plans, and goals.
b. Proclamation: One Dav Federal Wav
Councilmember Celski presented the proclamation and spoke to the importance of addressing
homelessness by raising funds and bringing their needs into the spotlight. He introduced members of
the current Advancing Leadership class and presented a proclamation to the group.
Members of Advancing Leadership encouraged the public to attend a fundraising event February 21.
c. Business Recvcler of the Year Award
Councilmember Duclos presented the Business Recycler of the Year Award to the Commons Mall at
Federal Way. She stated The Commons has reduced overall waste disposal by 22% in the last quarter
of 2011 (compared to 2010). During that time over 42,000 pounds of material was recycled, resufting in
an annual savings estimated to exceed $13k per year. Cynthia Stanley-Lee, General Manager of the
Commons Mall accepted the award.
Ms. Stanley-Lee addressed the Council and audience about the importance of recycling and the
benefits their tenants derive from their recycling efforts. She recognized Assistant General Manager
Eric Mattison, Federal Way Recycling Project Manager Jeanette Brizendine, and Samantha Wilderfor
their teamwork which made this accomplishment possible.
d. Arts Commission Certificates of Appointment
Councilmember Honda presented certificates of appointment to the Arts Commissioners appointed by
Council on January 17, 2012.
e. Lodaina Tax Advisorv Committee Certificates of Appointment
Councilmember Burbidge presented certificates of appointment to the Lodging Tax Advisory
Committee members appointed by Council on January 17, 2012.
f. Steel Lake Advisorv Committee (SLAC) Certificates of Appointment
Councilmember Celski presented certificates of appointment to the Steel Lake Advisory Committee
members appointed by Council on January 17, 2012.
Representatives of SLAC thanked Mayor Priest, Cary Roe, Dan Smith and Hollie Shilleyfortheirwork
in creating the Lake Management District and noted their efforts have resulted in a healthy Steel Lake.
g. Independent Salarv Commission Certi�cates of Apqointment
Deputy Mayor Ferrell read certificates of appointment to the Independent Salary Commission members
appointed by Council on January 17, 2012 into the record, announcing the certificateswould be mailed
as the recipients were not present.
h. Parks and Recreation Commission Certificates of Aqpointment
Councilmember Honda presented certificates of appointment to the Parks and Recreation
Commissioners appointed by Council on January 17, 2012.
i. Human Services Commission Certificates of Appointment
Councilmember Honda presented certificates of appointment to the Human Service Commissioners
appointed by Council on January 17, 2012.
j. Mavor's Emerqina Issues
• Staffinq Chan�tes
Mayor Priest announced Administrative Services Director Bryant Enge will be leaving the City for a
prestigious position with the City of Portland. Mayor Priest thanked Mr. Enge for his service to the
City; the audience recognized Mr. Enge with a standing ovation.
• Januarv 2012 Maior Snow 8� Ice Event
Parks and Public Works Director Cary Roe briefed Council on the efforts of City crews during the
event, the impact of the storm, preliminary costs and how expenses might be recouped should the
storm be declared a disaster by FEMA (Federal Emergency Management Agency).
Councilmember Duclos thanked staff for their efforts, including their work to clear roadways under
the state's responsibility.
• Sound Transit
Mayor Priest noted he and the Council wrote a letter to our 30th District legislators requesting
increased transparency and accountability of Sound Transit He thanked King County
Councilmember von Reichbauer, State Representatives Asay and Miloscia, and State Senator Eide
for their support. Sponsorship of state legislation on a number of pieces of legislation ranging from
annual performance audit requirements to procedures for cities opting out of regional transit
Ciry Council Minutes — February 7, 2012 Regular Meeting Page 2 of 9
agencies are very much appreciated.
Mayor Priest stated he is encouraged by Sound TransiYs commitment to fund a$24 million transit
plan for Federal Way.
• Mavor's Transportation Meetinq
Mayor Priest reported he attended a Mayor's meeting on transportation in Olympia. He recognized
Councilmember Burbidge's efforts to keep funding for Federal Way's transportation infrastructure.
• State Budqet
Mayor Priest spoke about the impacts of the State budget to the City and more notably how state
budget cuts impact local government.
• Auto Theft Bill
Police Chief Brian Wilson testified in Olympia on the auto-theft bill and the importance of the
legislation. Mayor Priest acknowledged the leadership of Representative Assay on this issue.
4. CITIZEN COMMENT
Norma Blanchard spoke about term limits. She asked Council to enact self-imposed term limits rather
than waiting for citizens to bring the issue forward through the initiative process. She stated it is much
easier for Council to pass an ordinance than it is for citizens to bring an initiative forward..
Nancv Combs shared concerns about neighborhood traffic safety on 21 Avenue and her continued
requests for traffic control devices. She further remarked on results of a 2004 ballot process; she disputes
the final Council action taken as part of that process.
Kurt Peppard spoke about poor graduation rates in Federal Way and his concerns about the negative
impacts to economic development in the community. He distributed a letter for Council review.
Charles Hoff spoke about education in Federal Way. He encouraged Council to request three tasks from
the School Board: 1) Request the School Board meet with members of the community in an open manner
to discuss what community members want from the schools; 2) Meet with living wage employers in Puget
Sound to determine their employment needs; 3) Develop a plan to replace Federal Way High School in a
way which addresses these needs and results in economic development growth in the City.
John-Paul Chaisson-Cardenas stated his is displeased with student achievement in the Federal Way
public schools and expressed concerns regarding a lack of planning to close an achievement gap for
students of color. He distributed a flyer for Council review.
Kris Faaundes (Java Billiards) thanked Councilmembers for following through with their commitments to
investigate the banner issue. She wanted to be sure to recognize Council efforts and to be sure they know
how appreciative she is that they kept their word.
Clara MacArthur spoke about her public records requests to Sound Transit and her concems about the
response she's received from the agency. She encouraged Council to spotlight the amount of money given
to Sound Transit and the projects they've delivered. She asked that Council and staff review the documents
Sound Transit provided to her and to scrutinize their numbers.
Dr. Greq Summers announced customer appreciation events on February11 to provide free chiropractic
care to for anyone bringing a canned food donation to benefit the local food bank.
Libbv Bennett stated the Occupy Wall Street and Occupy Federal Way movements are working to identify
solutions to many of the problems raised during earlier citizen comments including education and economic
development. She encouraged the public to attend a meeting tomorrow night at 6:00 p.m. at the 320"'
City Council Minutes — February 7, 2012 Regular Meeting Page 3 of 9
Library to learn more.
Tracv Hilt expressed appreciation for speed humps in his neighborhood, shared concerns about the
amount of recent police activity in his complex, and stated tree timbs near his home have not yet been
cleared following the winter storm event.
Cindv Stanlev-Lee spoke in support of temporary use zoning and described the benefits of temporary auto
sales events at The Commons.
5. CONSENT AGENDA
a. Minutes: January 17, 2012 Special and Regular Meetings
b. Vouchers
c. Plate Compactor Replacement
d. Neighborhood Traffic Safety (NTS) Program 2009-2011 Contract Closeout
MOTION: Deputy Mayor Ferrell moved approval of items 5a through 5d. Councilmember Duclos second.
VOTE:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
MOTION CARRIED 6-0
6. COUNCIL BUSINESS
Yes
Yes
Yes
Yes
Yes
Excused
Yes
a. Minutes: Januarv 28, 2012 Council Retreat
Deputy Mayor Ferrell provided a summary of the January 28, 2012 retreat; he highlighted important
topics raised and voiced support for the proposed rule changes.
MOTION: Deputy Mayor Ferrell moved approval the January 28, 2012 City Council retreat minutes.
Councilmember Celski second.
DISCUSSION: Councilmember Duclos asked that the agenda for future retreats be modified to accept
citizen comments at both the beginning and end of the retreat.
VOTE:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
MOTION CARRIED 6-0
Yes
Yes
Yes
Yes
Yes
Excused
Yes
City Council Minutes — February 7, 2012 Regular Meeting Page 4 of 9
b. Resolution: Amendinq Council Rules of Procedure
City Attorney Richardson highlighted proposed changes to the Council Rules including:
• Clarification of the process concerning time limits for group comments at Council meetings.
• Clarification of procedures concerning terms of the Deputy Mayor.
• Requiring formal orientation for all newly-appointed Commission/Committee/Task Force
members.
• Requiring annual conflict of interest statements from citizen advisory committee members to
avoid ethics code violations.
• Identifying how submission of information from advisory committees shall be presented to the
Council and Mayor.
• Requiring Council Committee appointments by the Deputy Mayorto be ratified by the Council.
Deputy Mayor Ferrell spoke about the benefit of this discussion and his support of Council Committee
assignment ratification by the full Council.
MOTION: Deputy Mayor Ferrell moved to adopt the proposed resolution amending the Council Rules of
Procedure. Councilmember Duclos second.
VOTE:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
MOTION CARRIED 6-0
7. ORDINANCES
FIRST READING:
Yes
Yes
Yes
Yes
Yes
Excused
Yes
Resolution 12-614.
a. CB #597 Code Amendment FWRC Chapter 19.275 Temporarv Use
An ordinance of the City of Federal Way, Washington, relating to temporary uses; amending FWRC
19.275
Senior Planner Deb Barker introduced the LUTC recommendation. Due to the intermingled nature of
Council Bills #597 and #598, Ms. Barker recommended presenting both ordinances together. Mayor
Priest concurred, stating that by doing so Council would be given an opportunity to hear now the items
work in tandem, while still allowing the bills to be addressed individually.
Ms. Barker presented a detailed report on the proposed ordinances, problems with the current code
structure, how the proposed ordinances will benefit both the City and the community, and research
conducted to reach a recommendation.
Councilmember Duclos asked for clarification about sales taxes collection. Ms. Barker explained her
understanding of the state's taxing structure.
City Council Minutes — February 7, 2012 Regular Meeting Page S of 9
Councilmember Celski asked for citation of the code. Ms. Barker read both the existing and proposed
language for comparison.
Deputy City Clerk Roe read the ordinance title into the record.
MOTION: Councilmember Celski moved to forward the ordinance to the February 21, 2012 Council
meeting for second reading and enactment. Councilmember Duclos second.
VOTE:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
MOTION CARRIED 6-0
Yes
Yes
Yes
Yes
Yes
Excused
Yes
b. CB #598 Code Amendment FWRC Chapter 12 Businesses
An ordinance of the City of Federal Way, Washingfon, relating to Business Registration: amending
FWRC12.05 "Business Registration" and 12.25 "Temporary Businesses"
Ms. Barker referred back to her earlier presentation under CB#597. She provided further details about
the ways amendments to chapter 12 are consistent with the changes in temporary uses. The proposed -
ordinance reduces redundanUduplicate processes and makes the review and approval process easier
for citizens and staff. •
Councilmember Kochmar asked for an example of how 12.05.120 would be implemented. Ms. Barker
described a scenario whereby the vehicle transaction process would be conducted in full within Federal
Way (sale of the vehicle, transfer of ownership, and transfer of keys). This ensures sales tax is
received by Federal Way instead of allowing delivery of the vehicle to occur in a different city with a
lower tax rate, thereby avoiding the Federal Way sales tax rate.
Deputy City Clerk Roe read the ordinance title into the record.
MOTION: Councilmember Celski moved to forward the ordinance to the February 21, 2012 Council
meeting for adoption. Councilmember Kochmar second.
VOTE:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Excused
Councilmember Duclos Yes
MOTION CARRIED 6-0
c. CB #599 Code Amendment Comalete Streets FWRC 19.135 Development Improvements
An ordinance of the City of Federal Way, Washington, relating to Complete Streets: adding a new
secfion to FWRC 19.135
City Council Minutes — February 7, 2012 Regudar Meeting Page 6 of 9
Senior Traffic Engineer Rick Perez presented information on the proposed ordinance. He summarized
the history of the proposal, regional support for the plan, definition of a"complete streeY', action by
other regional cities, and Committee and staff recommendations.
Councilmember Kochmar stated a number of e-mails from citizens have been received. She asked
about legislature funding. Mr. Perez replied the legislature has not yet made grant funds available, but
they are anticipated. This amendment better positions the City to receive the funds.
Deputy City Clerk Roe read the ordinance title into the record.
MOTION: Councilmember Celski moved to fonroard the ordinance to the February 21, 2012 Council
meeting for adoption. Councilmember Burbidge second.
VOTE:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
MOTION CARRIED 6-0
SECOND READING:
Yes
Yes
Yes
Yes
Yes
Excused
Yes
a. CB #596 Amend FWRC 7.030.101 and 7.030.040 Reaardina Prohibition of Internal Combustion
Enaines on Steel Lake and North Lake
An ordinance of the City of Federal Way, Washington, relating to boats and watercrafl; amending
FWRC 7.03.010 and FWRC 7.03.040
At their January 17, 2012 meeting, the Council moved to forward this ordinance to second reading and
enactment.
Deputy City Clerk Roe read the ordinance title into the record.
MOTION: Councilmember Celski moved approval of the ordinance amending FWRC 7.03.010 and
7.03.040. Councilmember Duclos second.
VOTE:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Excused
Councilmember Duclos Yes
MOTION CARRIED 6-0 Ordinance 12-T15
8. COUNCIL REPORTS
Councilmember Kochmar thanked King County Councilmember von Reichbauer for the $24 million Sound
Transit budget amendment he's sponsored toward developing a transit plan for Federal Way. She
announced plans to attend the Suburban Cities meeting February 8 and a meeting of the King County
City Council Minutes — February 7, 2012 Regular Meeting Page 7 of 9
Flood Control District; she will provide updates at the next Council meeting.
Councilmember Honda attended the Greener Skies meeting along with Mayor Priest. She recognized the
Mayor's efforts to bring airport noise relief to Federal Way residents. She reminded citizens of the public
comment deadline for this topic on February 28. She spoke about the importance of citizen commissions.
She announced the next PRHSPSC meeting on February 14 and highlighted the anticipated agenda topics.
Deputy Mayor Ferrell recently attended a Suburban Cities dinner with King County Executive Dow
Constantine and stated King County is working hard to improve its budget. Deputy Mayor Ferrell is also
representing Federal Way on the regional Emergency Management Advisory Committee. Deputy Mayor
Ferrell acknowledged Cary Roe and his staff for their accomplishments during the recent winter storm
emergency. Concerning Sound Transit, Deputy Mayor Ferrell feels progress has been made and is
appreciative of the recent developments.
Councilmember Burbidge announced an upcoming LTAC mini retreat on February 14. She thanked staff
for excellent response from staff for the storm and ice storm. The shelter at the Community Center and the
work by staff was applauded. She distributed South County Area Transportation Board brochures outlining
the Board's goals, supported projects, Board membership, leadership and regional ties. She encouraged
Council to review the material. On Thursday she'll be attending the PSRC Transportation Policy Board
meeting and a prioritizing subset of that group on Friday. The topic concerns maintenance funding and
preservation of highways. She will work to ensure cities that have been responsible in maintaining their
infrastructure are not punished by only awarding funds for improvement projects in cities that have not
maintained their infrastructure.
Councilmember Celski spoke about the importance of homeless services in Federal Way and specifically
about the work of Reach Out Federal Way. He expressed his pride in the Advancing Leadership group. He
announced the Reach Out Roller Mania fundraising event at Pattison's West on Aprit 16 through team
pledges with a goal of over $10,000. The event will include demonstrations by world-class speed skaters.
He announced the next LUTC meeting as February 13 at 5:30 p.m. and noted all future meetingswill begin
at 5:30 rather than 6:00 p.m.
Councilmember Duclos stated she is pleased with Councilmember von Reichbauer and Senator Eide in
getting some action from Sound Transit. A lot more work remains. She remarked the only reason
commuters stand on buses is because they must get to work on time to keep their jobs. Assuming they
choose to do so because they don't mind standing for 58 minutes is cavalier. Transit improvement is badly
needed as it is unacceptable to consider standing-room buses adequate for commuters. Councilmember
Duclos reiterated her appreciation to bill sponsors Mark Miloscia and Katrina Assay and also to Senator
Margarita Prentice for getting this work accomplished in Olympia.
Councilmember Duclos announced her election to the Suburban Cities Board of Directors; she attended
the Board's retreat on January 27. The work accomplished at the retreat was valuable and worth the time it
took to attend. She also recently met with the executive director of EnterpriseSeattle. She will attend the
Regional Policy Committee meeting on February 8 and discussed scheduled agenda topics. She
announced a recent trip to the Kennedy Space Center and described highlights of her visit
9. MAYOR'S REPORT
Mayor Priest thanked the Council for their work to achieve progress with Sound Transit. He stated the
Council should be congratulated for the work they did starting with a resolution back in May.
Mayor Priest again recognized Mr. Enge for his support and leadership with staff and wished him well in
Portland. Lastly, Mayor Priest thanked everyone for attending and for their participation in the meeting.
City Council Minutes — February 7, 2012 Regular Meeting Page 8 of 9
10. EXECUTIVE SESSION
Council did not adjourn to Executive Session.
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 9:31 p.m.
A est:
Krystal Roe, Deputy Ci Clerk
Approved �by Council: Februa 1, 2012
City Council Minutes — February 7, 2012 Regular Meeting Page 9 of 9