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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