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