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Council MIN 06-05-2012 RegularCITY OF � Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall June5,2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7;04 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 Rini Duclos. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the Pledge of Allegiance. 3. PRESENTATIONS Mayor Priest referenced the photograph of a diver displayed on the chambers presentation screen. On June 17, 2012 the Weyerhaeuser King County Aquatics Center will host the US Olympic Team Diving Trials. 130 diving athletes will compete for 16 spots and a trip to the 2012 Summer Olympics in London. More information can be found on the City's website - www. citvoffed e ra Iwa v. co m Community and Economic Development Director Patrick Doherty �rovided a brief presentation on the community banners that will be hung along 320' and 348 in honor of the diving trials. He also noted that on June 20, 2012 the Federal Way Chamber of Commerce and the Seattle Sports Commission will host an event at the King County Aquatics Center entitled "An Evening of Fine Diving". Tickets are $30 and the event includes dinner. a. Proclamation: Justin Henderson Dav Mayor Priest stated the city wanted to celebrate the achievements of Justin "Henny" Henderson this by presenting him with a proclamation. Henderson was raised in Federal Way and at a young age became interested in music. He graduated from Decatur High School and Morehouse College and then founded a music production companywhere he has worked with some of the biggest names in the industry. "Henny" organized a series of events for the benefit of Federal Way students, which included a music industry panel talk entitled "Music Dreams and College Degrees" at Decatur and Federal Way High Schools. He also organized a community talent show at Decatur High School. City Council Minutes — June S, 2012 Regular Meeting Page 1 of 9 Mayor Priest read the proclamation into the record and presented it to Justin "Henny" Henderson. Mr. Henderson stated he is honored by the recognition and thanked the Council. He feels it was important to give back to the community by organizing events for the students of Federal Way and hopes these will be annual events to help students realize their dreams. b. Certificates of Appointment: Parks and Recreation Commission Councilmember Honda presented certificates of appointment to individuals who were appointed to the Parks and Recreation Commission by the City Council at their May 15, 2012 meeting. c. Proclamation: Decatur Hiqh School Dance Team Councilmember Freeman stated that the Decatur High School Dance Team recentlywon a national championship at the 2012 USA National Competition. He asked the teams head coach Lindsay Starr-Dye and Team Captain Jenny Ko to approach the podium while he read the proclamation into the record. Councilmernber Freeman presented the proclamation to the team representatives along with certificates of achievement for individual team members. Mayor Priest announced the Todd Beamer High School Dance Team also won their 7tn consecutive State Title. The team was unable to attend the meeting this evening due to a previously scheduled event; however, the Mayor will visit the high school and present the tearn with a proclamation for their achievement. d. Mavor's Emerqinq Issues Mayor Priest stated there were two emerging issues. Washinqton State Liquor Board Proposal: At the April 4, 2012 City Council meeting Police Chief Brian Wilson reported on safety concerns regarding a proposal received by the Washington State Liquor Board to allow cities to extend bar hours. The City Council sent a letter to the Board expressing their concerns with the proposal. Subsequently, a number of other cities and law enforcement agencies, including the Washington Association of Sheriffs and Police Chiefs stated their opposition to the proposal. Last week the Liquor Control Board voted to reject the proposal. Mayor Priest thanked Chief Wilson for his efforts on this issue as well as the Council for their strong support for public safety. Billboard Complaint: Mayor Priest announced that over the past week the City has received a number of calls from citizens who are concerned with a billboard displayed along Pacific Hwy. South. The citizens have asked the City to order the billboard owner, Clear Channel Communications, to remove the display. While the City has no authority to dictate that the billboard owner, remove the display, Clear Channel also received numerous phone calls from concerned citizens regarding the display and they have agreed to remove it this week. Councilmember Freeman noted that Tacoma Councilmember Victoria Woodards was in attendance this evening. Councilmember Woodards thanked the Council for recognizing Justin Henderson this evening and spoke to his commitment to give back to the Federal V1/ay Community. City Council Minutes — June S, 2012 Regular Meeting Page 2 of 9 4. CITIZEN COMMENT Dick Maver thanked the Federal Way Relay for Life Team for their recent event. He reported that 39 teams participated this year and $54k was raised to help find a cure for cancer. Clara McArthur spoke about the funds Sound Transit is collecting from Federal Way residents and not delivering a transit project. She added that the City is focused on a performing arts center; however, they do not have an agreement for development. Candace Turner lives near 304 and 21 S '. She spoke in opposition of a 4-way stop at this location. Joan Koeniqs lives near 23� and 304� She spoke is opposition of a 4-way stop in her neighborhood. Florence Hanson spoke in opposition of a 4-way stop at 21 St Ave. and 304�'. Evelvn David spoke regarding agenda item 6b. She does not support a 4-way stop at this location. Paul Levv stated he has lived in the Adelaide neighborhood for many years. He does not support a stop sign at the intersection of 21 S and 304 Allen Boice lives at the intersection of 21 S and 304 He stated there has not been any development/growth in his neighborhood since this item was discussed last year. He spoke in opposition of a 4-way stop at this location. Brian Boice used to live at the intersection of 21 S and 304 He feels the speed tables the City installed at this location has been successful at addressing speeding issues. He does not support a 4-way stop at this location. Libbv Bennett spoke regarding 6b. Her son attends school in the Adelaide neighborhood and would like to see a traffic camera or extended school zone markings in the neighborhood to address pedestrian safety. Chuck Wolber commented on incidents that have occurred in the Adelaide neighborhood regarding a resident blocking traffic and potential bullying activities. Rich Leisv spoke in opposition to a 4-way stop at 21 and 304�'. He feels the real issue is noise. He would like to see sidewalks installed on the West side of the street at that location. Howard White spoke in opposition to a 4-way stop at 21 St and 304 He would like to see pedestrian/student safety the real concern rather than controlling traffic. Norma Blanchard spoke about initiative procedures as outlined in the Federal Way Revised Code. Steve Wohlend lives on 20 Place and opposes the proposal of a 4-way stop in the Adelaide neighborhood. He feels there is a potential for road rage in this area as well. Bill Huff stated that he travels on 304 and he does not feel that speeding in an issue in this area. He spoke is opposition of a stop sign. City Council Minutes — June S, 2012 Regular Meeting Page 3 of 9 Carev McCulla lives on 305 and has school age children. She feels drivers do not pay attention to children walking in the area. She supports a 4-way stop at 21 and 304 Max Hedqecock lives in the Adelaide neighborhood and spoke in opposition to a 4-way stop at 21 and 304 Nancv Combs lives on 21 S� Ave. She spoke is support of a 4-way stop or other traffic calming devices at the intersection of 21 and 304 Camille Perrv stated she was speaking on behalf of a larger group of citizens who are upset with a billboard for the Hustler Store that is displayed in the Federal Way. She feels the advertising is an invitation to pornography and should not be allowed. She feels the City should pass an ordinance or resolution that restricts adult advertising within the City. Trise Moore with the Federal Way School District spoke on behalf of the Family and Community Partnership Program. Ms. Moore shared recent partnerships that have been formed to provide community, families and student services. Tim Burns stated that he spent some time watching traffic at the intersection of 21 St and 304"'. Many cars did not fully stop at the posted stop sign and he feels pedestrian/student safety is an issue there. He urged the Council to install some traffic calming devices in the area. Gina Craiq submitted written comments for the City Clerk to read into the record. Ms. Craig asked how many individuals have submitted petitions to the City regarding 21 St and 304 in the past 10-years. She also requested the Council to provide a written financial accounting of the hours and money spent over the past 10-years regarding all petitions involving 21 and 304 Randall Smith submitted written comments for the City Clerk to read into the record regarding missing photo enforcement signs at the intersection of 312 and Highway 99 and the lack of reply to his email correspondence from City staff as well as the Council. 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: May 15, 2012 Special and Regular Meeting, May 22, 2012 Special Meeting b. Vouchers c. Monthly Financial Report — Aprit 2012 d. CDBG Commercial Loan Fund Program e. GDBG Commercial Exterior Improvement Program f. Resolution: Designating Key Bank as the City's Primary Bank —Resolution 12-619 Motion: Deputy Mayor Ferrell moved approval of items 5a through 5f. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Kochmar Yes Councilmember Honda Yes Councilmember Burbidge Yes City Council Minutes — June S, 2012 Regular Meeting Page 4 of 9 Councilmember Celski Yes Councilmember Freeman Yes Councilmember Duclos Yes Motion carried 7-0. 6. COUNCIL BUSINESS a. 2013-2014 Biennial Budqet Calendar — Information onlv Finance Director Tho Kraus presented the 2013-2014 Biennial Budget Calendar: • August through September— Community meetings will be held to provided updates on the budget status and seek citizen input. • October 2, 2012 Regular Council Meeting - The Mayor will deliver the preliminary budget to the City Council. • October 24, 2012 Special City Council Special Meeting - There will be a budget overview and department presentations for Community & Economic Development and Parks/Public Works. • October 25, 2012 Special Council Meeting - Police, Law and Court departmental budgets will be presented. • November 6, 2012 Special Meeting — The budgets for City Administration and Support Service Departments will be presented, and Council deliberations will begin. • November 6, 2012 Regular Meeting — A public hearing on the 2013-2014 biennial budget and property tax levy will be conducted. • November 20, 2012 Special Meeting — if needed — to continue Council deliberations. • November 20, 2012 Regular Meeting — Public hearing continued from November 6, 2012. Introduction of 2013-2014 Biennial Budget ordinance, introduction of 2013 Property Tax Levy ordinance. • December 4, 2012 Regular Meeting — Enactment of 2013-2014 Biennial Budget ordinance, enactment of 2013 Property Tax Rate ordinance and Resolution for Fee Schedule amendment. Citizen comments regarding the budget is welcome at all regular Council meetings. Comments can also be emailed to budqetsuqqestionsC�cityoffderalwav.com or mailed to: City Council — 2013/2014 City Budget 33325 8 Ave. South, Federal Way WA 98003. b. Adelaide 2012 Neiqhborhood Traffic Safetv Proiect City Traffic Engineer Rick Perez stated his presentation would include a review of the Neighborhood Traffic Safety Program Policy (NTS), a review of all-way stop control applications, a history on the NTSP Action on 21 S ' Ave. SW and a review of the current traffic petition received by the City. Under the NTS Policy, a petition with signatures from 10 households is required to initiate review. Petitions can be submitted every three years. A traffic study documenting the speed volume and collision history will be conducted by the City. A neighborhood meeting will be held to develop a consensus solution. Ballots will be sent to affected City Council Minutes — June 5, 2012 Regular Meeting Page 5 of 9 residents/property owners which include properties within 600 feet of any improvement and properties where improvements affect the sole source of access. A simple majority vote is required to approve a proposal, which would move on to the Land Use and Transportation Committee and City Council for approval. Mr. Perez reviewed the practice on all-way stops. Under the Federal Manual on Uniform Traffic Control Devices (FMUTCD) Yield or Stop signs should not be used for speed control. Staff has occasionally recommended the install of all-way stops, usually where sight distance is restricted from side streets. Many studies have been conducted on the effectiveness of unwarranted all-way stops. The conclusions are that they are not effective at controlling speeding, there is poor traffic compliance and increased car- pedestrian collisions. Mr. Perez provided history on the traffic studies in the Adelaide neighborhood. In 2001 a petition for traffic calming devices on 21S` Ave was received, but failed in the balloting process. A second petition was received in 2003 for traffic calming on 21S Ave. SW. Ballots we0re cast and the proposal failed. In 2005, a third petition was received. The neighborhood consensus was for two raised crosswalks and 3 speed tables. The Land Use and Transportation Committee recommended replacing the speed tables with speed humps to more aggressively combat speeding. This proposal was approved through the balloting process. At their October 4, 2005 meeting the Council approved a modified proposal to install speed tables which were constructed late in 2005. In 2006, as a result of citizen complaint that the speed tables were not effective a follow- up traffic study was conducted. The results showed speed reductions from 34 mph to 28 and incidents of extreme speeding had dropped from 70 per week to 2 per week A fourth petition to install an all-way stop at SW 304 St. at 21 S Ave. SW was received in 2008. A speed study was performed which confirmed that the installation of speed tables had reduced speeding in the area. The NTS criteria were not met, therefore the proposal did not move forward. In 2009, a traffic study was performed on 21 Ave. SW. The study indicated that the request for an all-way stop did not meet the NTS criteria or the Federal guidance for all- way stop traffic control. In 2010, a speed study was conducted, which included police radar. The results found that the average speed was 24 mph. The radar analysis verified the validity of the tube counter speed studies. In 2011 a sight distance analysis was conducted at the intersection. As a result of the study the Council directed staff to install stop lines on SW 304 and 21 St Ave. SW. Recently another petition was received requesting the installation of an all-way stop at the intersection of 21 St Ave. SW and SW 304� Street. The City collected data and reviewed it with the criteria for all-way stop control under the FMUTCD and the NTS program. The results stated that an all-way stop would likely result in no reduction or a slight increase in speeds on 21 S and could potentially increase collision rates. Councilmember Freeman stated he is concerned with pedestrian safety in this neighborhood. He has witnessed numerous cars that do not fully stop at the posted stop sign in the area. He would like to know if there is a way to address these issues. Councilmember Duclos asked that the City look into pedestrian safety options in this area. Deputy Mayor Ferrell thanked Adelaide residents for attending and commenting on this issue. He asked City Attorney Richardson if the City could be liable if an accident occurred at a 4-way stop installed by the City despite not meeting the FMUTCD criteria. City Council Minutes — June S, 2012 Regular Meeting Page 6 of 9 Ms. Richardson stated that in such a situation it would be more difficult to defend itself against a lawsuit. Councilmember Honda stated she appreciated Ms. Comb's passion on this issue. She would like to see pedestrian safety improvements in this area; however she does not feel a 4-way would be beneficial. Councilmember Kochmar spoke to various strategies to get sidewalks in neighborhoods. Councilmember Celski asked if the Police Department have had traffic enforcement at this location. Police Chief Brian Wilson stated there has been a high level of traffic enforcement in this area. Motion: Councilmember Celski moved to authorize staff to terminate the remainder of the Neighborhood Traffic Safety Program process for this proposal for and all- way stop at the intersection of SW 304 Street and 21S Avenue SW. Councilmember Duclos second. Amendment: Councilmember Freeman moved to amend the main motion to direct staff to provide recommendations on how to improve pedestrian safety in this area. Councilmember Duclos second. The Council discussed the proposed amendment and Deputy Mayor Ferrell called for the question. Vote on Amendment: Deputy Mayor Ferrell No Councilmember Kochmar Yes Councilmember Honda No Councilmember Burbidge No Councilmember Celski No Councilmember Freeman Yes Councilmember Duclos Yes Amendment failed 3-4. Vote on Main Motion: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos Main Motion carried 7-0. Yes Yes Yes Yes Yes Yes Yes c. Proposed settlement of Jonathan Mallinqer v. Citv of Federal Way City Attorney Pat Richardson stated in February 2011 Jonathan Mallinger filed a lawsuit against the City and a police officer stemming from a vehicle collision that occurred on January 4, 2008. Mr. Mallinger was a passenger in a vehicle that was struck by a patrol car. Outside counsel has tentative settled the matter for $9,761 ($4,761. to Mr. Mallinger's medical provider and $5,000. to Mr. Mallinger). The proposed agreement does not admit any liability on the part of the City or the police officer. It satisfies the lien City Council Minutes — June S, 2012 Regular Meeting Page 7 of 9 filed by the medical provider and requires the plaintiff to release the City from all claims. Motion: Deputy Mayor Ferrell moved approval of the proposed settlement regarding Jonathon Mallinger. 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. 7. ORDINANCES Second Reading: a. CB# 605 Amendina FWRC Refatinq to Review Processes for Minor Exterior Buildinq Modifications, Improvements to Developed Sites and Chanqe of Use. An ordinance of the City of Federal Way, Washington, relating to review processes for minor exterior building modifications, improvements to developed sites, and change of use; amending FWRC Sections 19.15.020, 19.15.030, 19.15.025, 19.30.090, 19.210.010 19.210.030, 19.215.010, 19.215.080, 19.220.010, 19.220.020, 19.220.030, 19.220.110, 19.225.010, 19.225.100, 19.230.010, 19.230.120, 19.235.010, 19.235.080, 19.240.080 and 19.240.130 At their May 15, 2012 meeting, the City Council moved to forward this ordinance for second reading and enactment. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Celski moved adoption and enactment of the amendments to the Federal Way Revised Code relating to review processes. 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 12-724 8. COUNCIL REPORTS Councilmember Kochmar stated she will be attending a Suburban Cities Association meeting tomorrow. She noted Kiwanis Salmon Bake is coming up as well as the Red, White and Blues festivat. Councilmember Honda encouraged residents to get a copy of the City's Parks and Recreation events program guide. There are numerous events for children, families and seniors to participate in. She thanked staff for their efforts on the Sculpture Park installation. Ciry Council Minutes — June S, 2012 Regular Meeting Page 8 of 9 Deputy Mayor Ferreli reported this coming Saturday is the Annual Flag Day event at the King County Weyerhaeuser Aquatics Center. He also provided an update on the City's recent joint meeting with Sound Transit. Motion: Deputy Mayor Ferrell moved to suspend the Council Rules and continue the meeting past 10:00 pm. CounciFmember 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. Councilmember Burbidge stated the next Lodging Tax Advisory Committee meeting is June 12, 2012. She also reported on upcoming community and arts events. Councilmember Celski reported the next LUTC meeting is July 2, 2012. He attended the Relay for Life walk and was honored to be a part of the event. He asked the Council to form a team for next year's event. Councilmember Freeman reported that he too was pleased to be a part of this year's Relay for Life Cancer walk. Councilmember Duclos reported she will be attending a King County Solid Waste meeting which will focus on the Solid Waste Interlocal Agreement. 9. MAYOR'S REPORT Mayor Priest had no report. 10. ADJOURNMENT Mayor Priest adjourned the meeting at 10:08 Attest: Carol McNeilly, CM , City C rk Approved by Council: June 19, 2012 City Council Minutes — June 5, 2012 Regular Meeting Page 9 of 9