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Council PKT 05-17-2011 RegularCITY OF ,�.�,,.. Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall May 17, 2011 7:00 pm www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. King County Metro — Transit Service Reductions b. WSDOT- Triangle Project Construction Update and Upcoming Scheduled Ramp Closures c. Sound Transit — Reduction is Bus Services and Delay of Light Rail d. Proclamation: Kinship Caregiver Day ...pg 3 e. Mayor's Emerging Issues 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 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 2, 2011 Special Meeting and May 3, 2011 Regular Meeting ...pg 4 b. Water Quality Monitoring Equipment Replacement ...pg �3 6. PUBLIC HEARING a. Moratorium on Cannabis-Related Businesses ...pg �5 • Staff Presentation The Council may add items and take action on items not listed on the agenda. • Public Comment 7. COUNCIL BUSINESS a. Commission Appointment: Human Services Commission ...pq 20 b. Sound Transit - Discussion Regarding Delaying Light Rail to Federal Way 8. ORDINANCES Second Reading: a. CB 572 Federal Wav Revised Code (FWRC) — Unfit Premises Code Amendment ...pg 21 An ordinance of the City of Federal Way, Washington, relating to Unfit Premises; amending FWRC 1.15.140; 1.15.160; 1.15.180; 1.15.190; 1.15.250; and adding new section to FRWC 1.15. 9. COUNCIL REPORTS 10. MAYOR'S REPORT 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. :i•'' :�::'� -- •'• : ` CITY OF _ ,�.. Federal Way Proclamation "Kinship Caregiver Day" WHEREAS, the family is the cornerstone of our communities, state and nation, and children are the future of society; and WHEREAS, the care, protection, and nurturing of children has traditionally been the responsibility of biological parents, with support from other family members and the community; and WHEREAS, grandparents, uncles, aunts, cousins, and siblings are stepping forward in ever-increasing numbers to assume full responsibility for children whose parents are unable or unwilling to appropriately parent; and WHEREAS, these kin face day-today challenges as well as emotional, financial, and legal obstacles, often alone and without support; and WHEREAS, they are committed to providing these children with a healthy, safe, and happy childhood; and WHEREAS, the significant contribution of the care and nurturing of these children by their relatives deserves to be recognized; NOW, THEREFORE, we, the City Council of the City of Federal Way, do hereby proclaim May 18, 2011 as "Kinship Caregiver Day° in the City of Federal Way and encourage all residents to join us in this special obser�-ance. SIGNED this t7th day of May 2011 FEDERAL WAY CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmernber Linda Kochmar, Councilmernber Jim Ferrell, Councilmember Dini Duclos, Deputy Mayor Jack Dovey, Councilmember Mike Park, Couneilmember Roger Freeman, Councilmember ;;`y`Z: ':i a�ili�� tiCii�i�� r 'y'i � �CC•�Qy�tc ' : �f i � i jS• ' Yi� �f� :CC��i: ' ':��i�• �r� �Ci'ii�i�i;' ' ji�i�D� ��'Ci��i; ' �;i:�. � ��1�� •:Ij� d�� R��.�,�\�N�,,•;;:' .� ,��p��\��N\�•::;� ��/��II::': ��,�:`::�� i ��:\:�: :%i:��i:i:_...`i:i :i!i1.�SSii: . :iiii�.!��:` :�i!i!.��ii�:�'�:�i�i��\�. .i!i!.��iii: :�i!iS.��ii: . ;��i�i�.:�� :�i!i:.f�� COUNCIL MEETING DATE: May 17, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Sa SUBJEC'r: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the May 2, 2011 Special Meeting and the May 3, 2011 Regular Meetings? COMMITTEE N/A CATEGORY: � Consent ❑ City Council Business � � Ordinance Resolution STAFF REPORT BY: Carol McNeilly, City Clerk MEETING DATE: N/f1 ❑ Public Hearing ❑ Other DEPT Human Resources Attachments: Draft meeting minutes from the May 2, 2011 Special Meeting and the May 2, 2011 Regular Meeting. Options Considered: l. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/f1 �_ DIRECTOR APPROVAL: N/�4 Committee Council Committee COMMITTEE RECOMMENDATION N/A N/fl coun�il PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED Is? reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF ,�... Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall May 2, 2011 5:45 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:45 p.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Mayor Priest excused Councilmember Jim Ferrell. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. RESPONSE TO APRIL 20 AND APRIL 27, 2011 COLUMNS IN FEDERAL WAY MIRROR Deputy Mayor Duclos stated there were a series of articles in the Federal Way Mirror that the Council feels have not accurately reflected their actions over the past year. City Attorney Pat Richardson stated the Council Rule 14.1 provides that a Councilmember may state the majority position of the Council with the vote of the majority. Communication and Grants Coordinator Chris Carrel stated staff drafted a response to the Federal Way Mirror articles based on the feedback received from individual Councilmembers and the draft letter was before Council for review as a whole. Deputy Mayor Duclos suggested striking the words "one of the mosY' in paragraph nine and replacing them with "an". Councilmember Burbidge stated the last word of the fifth paragraph should read, "overstated" rather then understated. Deputy Mayor Duclos stated Councilmember Ferrell had reviewed the letter and communicated his approvat. Council consensus was to have the letter singed by alt seven Councilmembers. City Council Minutes — May 2, 2011 Special Meeting Page 1 of 2 MOTION: Deputy Mayor Duclos moved to authorize the City Council to send the proposed letter as representation of the position for the majority of the Council. Councilmember Kochmar second. VOTE: Motion carried 6-0. 3. ADJOURNMENT With no additionat before the Council, Mayor Priest adjourned the meeting at 5:54 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by CounciL City Council Minutes — May 2, 2011 Special Meeting Page 2 of 2 CITY OF ,."�.� Federaf Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall May 3, 2011 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:04 pm Councilmembers present: Mayor Skip Priest, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Mayor Priest excused Deputy Mayor Duclos. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Coach Roach led the pledge of allegiance. 3. PRESENTATIONS a. Volunteer Recoqnition: Police Volunteers Mayor Priest provided some history on the City's Police Department, which began providing services on October 16, 1996. Volunteers have been crucial to the success of the City's Police Department. Police Chief Brian Wilson stated there are currently 48 volunteers in the Police Department that assist with 15 various programs. Volunteers provide services in the following areas: shopping cart pickup and return; operation of the City Safe City Cameras; animal service program assistance; information desk sta�ng at City Hall; fingerprint technicians; property evidence associates; and vehicle maintenance. Volunteers go through an extensive background check prior to working in the Police Department. Chief Wilson also stated retired Police Officer Stephen O'Neal passed away. He was part of the startup of the Federal Way Police Department and retired in 2007. City Council Minutes — May 3, 2011 Regular Meeting Page 1 of 6 b. Kinq Countv Librarv — 320 Facility Desiqn Update Councilmember Burbidge introduced King Library Services Manger John Sheller who stated the library held a public meeting on April 5 th and will be sharing information presented at the meeting. Mr. Sheller introduced members of the King County Design Team. The new library will be located on 320 t ''. The design features are open, will include lots of glass, and the building will be more visible. The team presented project diagrams and reviewed the layout of the new facility. The team is soliciting comments on the project and welcomes input from citizens. Comments can be made at kcls.org. A second public meeting on the project is planned for a future date. c. Proclamation: National Public Garden Dav Councilmember Burbidge spoke to the value of community and public gardens and read the proclamation into the record proclaiming May 6, 2011 as Public Garden Day in the City of Federal Way. Councilmember Burbidge presented the proclamation to Monte and Diane Powell of Powell's Wood Garden. Mr. Powell thanked the Council for the support and recognition. d. Proclamation: National Dav of Prayer Councilmember povey spoke to the importance of prayer in our community and read the proclamation into the record declaring May 5, 2011 as National Day of Prayer in Federal Way. Councilmember povey presented the proclamation to Bob Roach and Christopher Stone. Mr. Stone and Mr. Roach thanked the Council for the proclamation and stated a Prayer Breakfast is scheduled for 7:00 am on May 5`" at the Commons Mall. e. Proclamation: Public Works Week Councilmember Kochmar read the proclamation into the record and declared May 15 through 21, 2011 as Public Works Week in the City of Federal Way. Councilmember Kochmar presented the proclamation to Parks, Public Works and Emergency Management Director Cary Roe. Mr. Roe thanked the Council for the recognition on behalf of the Public Works Department. f. PETCO - Donation to Animal Services Proqram Police Chief Brian Wilson stated the City's Animal Services Program received a donation from PETCO for $3,690. Michael Jankowski, the manager of the Federal Way PETCO, stated he was honored to be able to assist the City and looks forward to working with the Animal Services Department. g. Certificates of Appointment: Parks and Recreation Commission Councilmember Burbidge presented Certificates of Appointment to individuals appointed to the Parks and Recreation Commission by the City Council at the April 19, 2011 City Council meeting. Commissioner Moore thanked the Council for the appointment to a voting position. h. Earth Dav Wrap Up Report Parks and Facilities Supervisor Jason Gerwen reported 186 volunteers turned out forthe City's Earth Day event on April 16, 2011. Over 205 cubic yards of debris was removed and City Council Minutes — May 3, 2011 Regular Meeting Page 2 of 6 90 cubic yards of mulch was spread. Mr. Gerwen thanked all of the volunteers for donating their time for this years Earth Day event. i. Mayor's Emerqinq Issues Mayor Priest stated there were two emerging issues this evening coming from the Police Department. Chief Wilson reviewed the preliminary 1 quarter crime statistics. These statistics compare the first quarter of 2010 with the first quarter of 2011. The statistics show and overalt 18.7% reduction in crime in the City. The second issue focused on the Police DepartmenYs aggressive efforts to protect pedestrian safety. Commander Stan McCall shared background information on the Red Light Photo Enforcement Program. In 2008, during the first three months of the program, 4,154 red light citations were issued. School Zone cameras were implemented in 2009 at two locations. Commander McCall stated the programs are reducing accidents and allow officers to respond to other calls. There have been finro issues with the program. The first is with the contractor ATS, who was not processing their mail in a timely manner. Staff worked with the contractor to resolve this issue. The second is the flashing yellow light in the Saghalie school zone has been working intermittently. Staff is currently working with King County to resolve the time clock synchronization issue. � 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING When recognized by the Mayor, come forward to the podium and state your name for the record. - PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. Mayor Priest summarized a proclamation declaring May 2011 as Civility Month. Norma Blanchard asked that the topic of initiatives and referendum be discussed at a Special City Council meeting rather than during a FEDRAC meeting. She asked the Council to consider adopting term limits. Nancv Combs reported that vehicles are racing on 21 Ave. SW She would like to see a stronger police presence patrolling in her neighborhood. Bettv Tavlor would like to extend the public comment period from three minutes to five minutes. She reported that Solid Ground will be presenting a forum for tenants on June 2g from 5- 7pm at the Federal Way Library on 320 Susan Honda spoke about overflow parking from the King County Weyerhaeuser Aquatic Center into her neighborhood. She is concerned about parking for upcoming events at the center. Clara McArthur stated there should be civility on both sides of the dais. Mayor Priest announced that Finance Director Tho Kraus would make a brief presentation to address citizen comments received at the April 19, 2011 City Council meeting. Ms. Kraus explained the Rainy Day Fund was established during the 2009-10 Budget Process to cover the 2011-12 operating gap. It was set at $3.1 Million; the current balance is zero. She reported the City does not have a Disaster Relief Fund; however, there are Strategic Reserves, which are set aside to respond to public emergencies, natural disasters or major unanticipated City Council Minutes — May 3, 2011 Regular Meeting Page 3 of 6 projects. Funding of the Strategic Reserves is targeted at 5% of the General Fund and the current balance is $2 Million. Ms. Kraus added there is $1.1 Million in the General Fund for contingencies. This purpose of this fund is to accommodate to operational changes, legislative impacts or other economic events not anticipated during the budget preparation. Funding is targeted at 3%. If funds are spent, they must be reimbursed as required bypolicy. 5. CONSENT AGENDA Items listed below have been previously reviewed in their enfirety by a Council Committee of fhree 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: April 19, 2011 Special and Regular Meeting Approved b. Monthly Financial Report Approved c. Vouchers Approved d. S 320th St at I-5 Southbound Off-Ramp Channelization Project — Bid Award Approved e. 20th Ave Sidewalk Improvement Project (S 316th St to S 314th St) — Bid Award Approved f. WSDOT Traffic Busters — Fiber Optic Cable Connection —Authorization to Bid Approved g. WA State Traffic Safety Committee — School Zone Flasher Grants Approved h. Purchase of Adobe Software Approved i. Institutional Nefinrork Contract Renewal Approved . „_ MOTION: Councilmember Park moved approval of the consent agenda items. Councilmember Kochmar Second. Councilmember Park pulled item 5j. VOTE: Items 5a through 5i were approved 6-0. 5.j. Civic Center Alternative Fundinq Methodoloqies Administrative Services Director Bryant Enge summarized some financing models forthe Civic Center/Performing Arts Center development. Models include Public-private partnership, private joint venture, private development, non-profit develop and more. Staff is requesting approval to explore more alternative funding methods. MOTION: Councilmember Park moved approval of staff's recommendation to proceed with exploring alternative financing methodologies. Councilmember Burbidge second. VOTE: Motion carried 6-0. 6. ORDINANCES First Reading: a. CB# 572 Federal Wav Revised Code (FWRC) — Unfit Structures Code Amendment An ordinance of the City of Federa/ Way, Washington, relating to unfit premises; amending FWRC 1.15.140; 1.15.160; 1.15.180; 1.15.190; 1.15.250; and adding a new section to FWRC Chapfer 1.15. City Council Minutes — May 3, 2011 Regular Meeting Page 4 of 6 Community and Economic Development Director Patrick Doherty stated the proposed amendments would add a new section to the FWRC clarifying what constitutes a dangerous or unfit premise. Current code language addresses unfit structures, not premises. The amendment will also change who is designated as the City's Improvement Officer and Appeats Commission. It would allow for the initial hearing to be heard by the Building Official instead of the Hearing Examiner. Mr. Doherty reviewed the proposed enforcement timeline, which would be substantially shorter than the current process. If the City incurs costs under this process they can be recouped by a tax lien on the property. The Council discussed the proposed amendments and asked clarifying questions of Mr. Doherty. Staff was directed to research other options for recovering expenses incurred by the City. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to the May 17, 2011 City Council meeting for second reading and enactment. Councilmember Ferrell second. Motion carried 6-0. 7. COUNCIL REPORTS Councilmember Freeman stated he has noticed litter around the bus stops in the area. He would like staff to explore ways to clean up the areas. Councilmember povey reported on an upcoming board meeting of the med-tech accelerator. He stated the LTAC would be reviewing the Tourism Enhancement Grants. Councilmember Burbidge reported the May PRHSPS meeting has been canceled. The next PRHSPS meeting with be the second week in June. She reported on upcoming meetings regarding transit service reduction. She thanked the Comcast Volunteer Program who donated their time to improve Camp Kilworth. Councilmember Park reported he would be attending the King County Flood Control District meeting on May 19, 2011. He stated the next FEDRAC meeting is May 24, 2011. Councilmember Kochmar reported that she serves on the Puget Sound Regional Committee Economic Committee. They toured local clothing manufactures and would like to see cloth fabric distributers locate in the City. She also spoke about the St. Francis' Women's Heart Attack Campaign. Councilmember Ferrell reported that he attended the DAWN breakfast last week. DAWN provides services for domestic abuse victims. He stated he was the guest note speaker for the Sports in Schools Program that strived to provide scholarships for students in Seattle Schools. 8. MAYORS REPORT Mayor Priest had no report. City Council Minutes — May 3, 2011 Regular Meeting Page S of 6 9. ADJOURNMENT With no additional business before the Council, Mayor Priest adjourned the meeting at 9:22 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — May 3, 2011 Regular Meeting Page 6 of 6 COUNCIL MEETING DATE: May 17, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TECT: Water Quality Monitoring Equipment Replacement POLICY QUESTION Should the Council authorize staff to utilize replacement reserves to purchase a new water quality data logger and associated sensors in order to replace the unit that has failed? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE May 2 , 2011 ❑ Public Hearing ❑ Other STAFF REPORT BY: William Appleton, P. E., Surface Water Manager DEPT Public Works _..._._..._...__ ......................................................._....._........._.__.............................._.__.._._...................................._..............................................._.............................................._.... Attachments: Land Use and Transportation Committee memorandum dated May 2, 2011. Options Considered: 1. Authorize staff to purchase a replacement water quality data logger and associated sensors using replacement reserve funds. 2. Do not authorize staff to acquire replacement water quality equipment and provide direction. MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the May 17, 2011 City Council consent agenda for approval. MAYOR APPROVAL: /_��! Y DIRECTOR APPROVAL: __ �� Committee Council Committee Co� COMMITTEE RECOMMENDATION: Forward Option 1 to the March 15, 2011 City Council consent agenda for approval. �,� � ,�.. �.�c�_._ �xl�c�sc'�.-, Linda Kochmar, Chair Jim Ferrell, Member Member PROPOSED COUNCIL MOTION "I move to authorize staff to purchase a rep ce ent water quality data logger and associated sensors using replacement reserve funds. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 2, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor (� FROM: Cary M. Roe, P.E., Director of Parks, Public Works and E cy Management William Appleton, P. E., Surface Water Manager " SUBJECT: Water Quality Monitoring Equipment — Request to Replace Sensor BACKGROUND In 2001, Surface Water Management (SWM) began a comprehensive water quality ambient monitoring program throughout the City. This program included the initial deployment of automated data loggers at five separate stormwater and in-stream sites that record continuous water quality measurements including temperature, dissolved oxygen and pH. In 2003, SWM was awarded a State of Washington Department of Ecology (Ecology) Centennial Clean Water Fund Grant which allowed for the addition of four West Hylebos Creek sites to the ambient monitoring program. The four-site enhancement included an upgrade to more sensitive and reliable instrumentation (YSI 6920 series data loggers) which supports optical dissolved oxygen and turbidity measurements. Collectively, these instruments are a key part of the City's ongoing water quality monitoring program, which provides valuable insight into the condition of our surface waters. The YSI 6920 series data loggers and associated sensors are rapidly approaching their useful life and as a result, we have been experiencing an increase in equipment glitches and failure of one unit. Therefore, SWM is requesting to utilize replacement reserve funds to purchase one YSI 6920 multi-parameter water quality data logger to replace the failed unit. The cost of a replacement data logger is $8,230.50. Estimated Expenditures: Equipment and Service Sales Tax (9.5%) Total Cost $8,230.50 $ 781.89 $9,012.39 Available Funding: Available Replacement Reserves Balance $86,880.00 77 867.61 COLTNCIL MEETING DATE: May 17, 2011 ITEM #:�_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING REGARDING THE MORATORIUM ON CANNABIS RELATED BUSINESSES POLICY QUESTION Whether Council should hold a public hearing regarding the moratorium on cannabis related businesses that was enacted April 1'7, 2011 as set forth in Ordinance No. 11-690? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: � Public Hearing ❑ Other S'rAFF REPOR't BY: Patricia Richardson, Ci Attorney DEPT: Law _......__..._ ............................_..._............._..._............._........................................................................................................._.�'............................................................................_. _. _. _..._ .............................._........._............................_................._....._...._......_................_........._................. Attachment: Ordinance No. 11-690. Background: On April 17, 2011 the City Council enacted Ordinance No. 11-690 establishing a six-month moratorium regarding cannabis related businesses. In accordance with State law and with the ordinance a public hearing regarding the topic was scheduled for the May 17, 2011 City Council meeting. Accordingly, the City Clerk published notice of the public hearing. MAYOR'S RECOMMENDATION Adopt the proposed findings to support the moratarium on cannabis related businesses. MAYOR APPROVAL: � _��`� DIRECTOR APPROVAL: N� ��"✓�C Committee Council Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): "I MOVE TO ADOPT THE PROPOSED FINDINGS AS DISCUSSED TO SUPPORT THE MORATORIUM ON CANNABIS RELATED B USINESSES. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment readi� ❑ MOVED TO SECOND READING (ordrnances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # ORDINANCE NO. 11-690 AN ORDINANCE of the City of Federal Way, Washington, imposing a six month moratorium on cannabis retated businesses. WHEREAS, RCW 69.S1A ("Medical Marijuana AcY') provides an affirmative defense to qualifying patients and providers charged with a violation of state law relating to marijuana; and WHEREAS, current state and federal law does not authorize cannabis related: businesses to operate legally within the City; and WHEREAS, the State Legislature is currently considering legislation with the intent to legalize cannabis dispensaries; and WHEREAS, certain versions of the legislation authorize the City to adopt requirements for business licensing, health and safety, or business taxes, in addition to the City's zoning authority; and WHEREAS, certain versions of the legislation require that the City license cannabis related businesses and/or coordinate the zoning of cannabis related businesses with other jurisdictions; and WHEREAS, certain versions of the legislation authorize State agencies to regulate cannabis related businesses but allow currently operating cannabis related businesses to remain in operation while the State agencies adopt applicable administrative rules; and WHEREAS, if any version of this legislation passes it will require the City to update its business license and zoning codes; and WHEREAS, Council anticipates that legislation regulating cannabis related businesses will pass, and has therefore determined a six month moratorium be imposed on cannabis related businesses in order for the City to amend its Code to become compliant with the legislation; and Ordinance No. 11-690 PaBe 1 �f 4 WHEREAS, the U.S Department of Justice in a letter dated April 14, 2011, to Governor Gregoire has stated that City employees who conduct activities mandated by the anticipated legislation will not be immune from criminal liability; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize� the City to adopt a moratorium; and .., . WHEREAS, the adoption of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, this moratorium is necessary for the immediate preservation of public peace, health and safety, and the support of City government; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings of fact: (a) The forgoing whereas provisions are adopted as findings of fact. (b) Current illegal cannabis related businesses within the City have been the subject of criminal activity and citizen complaints. (c) A moratorium is necessary.to provide the City with sufficient time to study the potential impacts of cannabis related businesses; develop appropriate zoning, health safety, andl or licensing regulations; and insure that the regulations comply with the law. (d) The City Clerk has received inquiries and business license applications from cannabis related businesses wanting to locate within the City. (e} A moratorium is necessary to preserve the status quo until the City adopts appropriate zoning, health safety, and/ or licensing regulations. Ordinance No. 11-690 Page 2 of 4 Section 2. Moratorium Established. No cannabis related business license, registration letter of intent or letter of acknowledgement shall be accepted or issued by the City Clerk nor shall any cannabis related businesses be located within the City during the duration of this moratorium. Section 3. Duration of Moratorium This moratorium shall be in effect for six months from the effective date of this moratorium. Section 4. Public Hearin�. A public hearing for this moratorium will be held on May 17, 2011, at the regularly scheduled City Council Meeting. Section 5. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity af the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Effective Date. By unanimous consent, the Council finds that this moratorium is for a public emergency and needed for the immediate support of City governments and is not subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and be in full force upon adoption. � Ordinance No. 11-690 Page 3 of 4 PASSED by the City Council of the City of Federal Way this 19`� day of April, 2011. ATTEST: CITY OF FEDERAL WAY � �— �,�1L�. / � � . •� �. . . 1�� (.tY'�.� I CITY CLERK, CAR L MC L Y, CMC APPROVED AS TO FORM: C TY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COLTNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 4/ 19/2011 4/ 19l2011 4/23/2011 4/19/2011 11-690 Ordinance No. II-690 Page 4 of 4 COUNCIL MEETING DATE: May 17, 20ll CITY OF FEDERAL WAY CITY COUNCIL ITEM #: � a . AGENDA BILL SUBJECT: APPOINTMENT TO THE HUMAN SERVICES COMMISSION POLICY QUESTION Which candidate should the Council appoint to the Human Services Commission? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY Carol McNeill , Ci Clerk DEP'r: HR _..........._. __ .........................._..............................._....................._..............................................._...............Y.................�'................................................................................................_............_ . _ ..... ... _ .. ............................. .... _.... _... ........................................................ . . . . . ....... ......... .. ....................... _.......... _...... _. Background: The Human Services Commission is comprised of nine voting members that serve three-year terms expiring January 31 of varying years. Appointments to the Commission are made by the City Council. Currently there is one vacant position on the Human Services Commission due to a member resignation. Three alternate members are seeking appointment to the vacant position (Betty Taylor, Jan Owen and Waiyego Pearson). Section 20.10 of the City Council Rules of Procedure state the Council will not interview applicants akeady serving in the position and may approve re-appointment of citizens wishing additional terms subject to any limits established by ordinance or other laws without conducting public recruitment or interview. The appointed member will be invited to the June 7, 2011 City Council Meeting to receive their Certificate of Appointment. Options Considered: 1. Appoint alternate member expired term of 1/31/2014. 2. Direct staff to advertise the vacancy. MAYORS APPROVAL: N/A J Committee Council to position 9 to fill the reminder of an un- DIRECTOR APPROVAL N/A Committee Council MAYORS RECOMMENDATION: N/A PROPOSED COUNCIL MOTION "I move to appoint to position number 9 to fill the remainder of an un-expired term of 1/31/2014. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinnnces only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # COUNCIL MEETING DATE: �p3;-�9��- ! CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: Unfit Premises Code Amendments POLICY QUESTION Should the Federal Way Revised Code (FWRC) Chapter 1.15, "Civil Enforcement of Code," be amended to add a section to clarify what constitutes a dangerous or unfit premise and change who is designated as the City's improvement officer? COMMITTEE: Land Use/Transportation Committee MEETING DATE: April 18, 2011 CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Patrick Doherty Director Attachment: Draft Ordinance Background: The City adopted Ordinance 07-556 on November 6, 2007, which authorized the City to adopt the process for eliminating unfit structures as autharized by Chapter 35.80 RCW. The City is proposing amendments to add a section to clarify what constitutes a dangerous or unfit premise, and change who is designated as the City's improvement officer and appeals commission. Options Considered: 1) Approve the Mayor's recommendation; 2) Modify the Mayor's recommendation. � Ordinance ❑ Public Hearing ❑ Resolution ❑ Other ITEM #:_�]� DEPT Community and Economic Development MAYOR'S RECOMMENDATION The Mayor recommends adoption of the proposed amendments, as written in the Draft Ordinance. � __ -�� MAYOR APPROVAL: Committee DIRECTOR APPROVAL: � Comm�nee COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on May 3, 2011. �- Ry��SC�' �. Linda Kochmar, Chair PROPOSED COUNCIL MOTION(S): �"1�CC�S e�! Member Jack Dovey, Member 1 READING OF ORDINANCE (MAY 3 , 2011): I move to forward approval of the ordinance to the May 17, 2011, Council Meeting for adoption. 2 READING OF ORDINANCE (MAY 17 2011): `7 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # �� ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12l2010 RESOLUTION # f I� . �� .,�. � � � � �� .. ` � .. .r .^ CITY ATTORNEY'S OFFICE MEMORANDUM DATE: MAY 11, 2011 TO: CITY COUNCIL MEMBERS MAYOR PRIEST FROM: PATRICIA RICHARDSON, CITY ATTORNEY P� SUBJECT: PROCESS TO RECOUP UNFIT/DANGEROUS REMEDIATION COSTS At the May 3, 2011 Council meeting, Council member povey inquired about the time frame to recoup unfit/dangerous structure/premises remediation costs. Sometimes a house may appear abandoned, but it is not. Sometimes when the house is abandoned, the registered property owner(s) and/or the mortgage holder and/or other parties of interest do not respond to the City. Before taking remedial steps, City Staff attempts to work with the interested parties to take action and assume financial responsibility. If the parties cannot or will not perform the work, the City may enter into an agreement with the interested parties for the City to perform the work, and the interested parties agree to pay the costs. If the interested parties refuse to remediate the situation, the City will follow the Complaint and appeal process as set forth in the proposed ordinance and the Code. Assuming that the City has performed the remediation work and incurred costs there are three avenues that the City can take to recoup the costs: Remediation Lien. First the City will file the remediation costs as a t� lien ("Remediation Lien") with the King County Auditor. The Remediation Lien will appear on the following year's property tax statement and will be calculated as part of the bill. If the interested parties pay the property taxes, the Remediation Lien will also be paid. If the property is sold at any time, the Remediation Tax will be paid. Presumably if the mortgage holder forecloses on the property, a sale of the property will occur relatively soon. If there is no activity on the property and the Remediation T� is three years old, the County will commence tax foreclosure proceedings for collection. It may take one year or longer to complete the tax foreclosure. The advantage of the Remediation Lien: it cannot be discharged in bankruptcy because it is a tax, and will have priority above, or be paid before, other non-tax liens. Small Claims Court. The City could also commence an action for civil collection in Small Claims Court provided that the remediation cost is $5,000 or below. However, the City staff appearing before the Small Claims Court cannot be an attorney or paralegal. This would require paying a Court filing fee, serving the interested parties notice of the hearing date, and appearing in Smail Claims Court to ask the judge to order payment of the remediation costs. Superior or District Court Ordered Jud� Otherwise, Superior or District Courts provide avenues for obtaining court ordered judgments to recoup costs. However, District Court can only be used where the cost does not exceed $75,000. By filing an action in Superior or District Court, the City Attorney or designee would need to establish the dangerous/unfit premises and establish the remediation costs for the court to enter a judgment. The City would have to pay court filing fee, serve interested parties notice of the hearing, and proceed with litigation Court ordered judgments (Small Claims and Superior/District Court) provide collection agencies the authority to attempt to collect the debt through civil avenues. For example, a collection agency can garnish wages ar collect the amount via bank accounts. CONCLUSION It is difficult to estimate the time frame when the City could recoup the remediation costs because of so many variable factors. The quickest would most likely occur when the interested parties cooperate and enter into an agreement to pay the costs. The Remediation Lien could be quick if the property were sold. On the other hand, it could take more than three years to collect the amount if the property is sold due to a tax foreclosure by the County. Collecting pursuant to a court ordered judgment would most likely not occur before one year in District Court because of the time involved in filing the lawsuit, serving the interested parties and having a hearing before the judge. Collection pursuant to a King County Superior Court order would most likely not occur before three years if the interested parties participated in the litigation. The success of collection agencies depends upon the assets of the party, and is not always successful. RECOMMENDATION I recommend that using the Remediation Lien. The lien will be paid, will take the shortest time to resolve, and will not require a lot of staff time. K:�rr►emo�2011\staff report collect dangerous-unfit premises (2} ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Unfit Premises; amending FWRC 1.15.140;1.15.160;1.15.180;1.15.190; 1.15.250; and adding new section to FWRC Chapter 1.15. (Amending Ordinance No. 07-566) WHEREAS, the City recognizes the need to periodically modify Title 1, General Provisions of the Federal Way Revised Code (FWRC), in order to clarify and update regulations as deemed necessary, and improve the efficiency of the regulations; and WHEREAS, there exists within the City premises that are unfit for human habitation, or other uses, due to conditions increasing the hazards of fire, accidents, or other calamities, inadequate drainage, rodent harborage or other conditions harmful to the health and welfare of the residents of Federal Way; and WHEREAS, the City recognizes the detrimental effects on public health, safety, and welfare stemming from unfit premises at various locations throughout the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 1.15 of the Federal Way Revised Code is hereby amended to add a new section to read as follows: 1.15.175 Dangerous or unfit aremises. Premises which have anv of the following conditions sha11 be deemed dan�erous or unfit: �1) Premises that contain trash �arbage junk, old wood, buildin� materials, �pliances brush tree limbs or other items that may attract rats or other vermin due to a food source Ordinance No. 11- Page 1 of 6 Rev 1/10 or rodent harbora�e; (2) Premises that have any number of unsecured vehicles cars, trucks, bikes, farm eQuipment construction equipment boats trailers snowmobiles jet skis or other machinery or implements that are unused and a�parently inoperable that are an attractive nuisance and dan�erous; (3) Premises that are unsecured and unsafe due to conditions that pose a hazard or attractive nuisance such as but not limited to sink holes• exposed under�round vaults, pipes or wires; trenches; unstable slopes; or hazardous materials. �4) Premises that have dilapidated fences sheds carports or other such structures that pose a hazard or attractive nuisance; or �5) Developed premises that have over 50 percent of the area covered in blackberries or other noxious weeds. Section 2. FWRC 1.15.140 is hereby amended to read as follows: 1.15.140 Findings. It is found that there exist, in the city of Federal Way, dwellings and other buildings, structures, and premises which are unfit for human habitation and which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate drainage, overcrowding, or due to other conditions which are detrimental to the health and welfare of the residents of the city. Dangerous or unfit buildings or structures as defined by FWRC 1.15.170 and dangerous or unfit premises as defined bv FWRC 1.15.175 are declared to be public nuisances. Section 3. FWRC 1.15.160 is hereby amended to read as follows: 1.15.160 Improvement officer and appeals commission designated. Ordinance No. 11- Page 2 of 6 Rev 1/10 (1) The city of Federal Way �e�g-�� buildin� official, or his or her desi�nee, is designated as the city's improvement officer, and shall have the full scope of authority granted to that official under Chapter 35.80 RCW **'��* *'� �''��'��'a�^^ ��^�°' ~ h;" ""''°" `'°":""°° , ^ . ..,,�. , � . . l i�..�.i.e.si��.�� •n (2) The city of Federal Way �hearing examiner, �r'��° �Y'�°-� a°°��°°, is designated as the city's appeals commission, and shall have the full scope of authority granted to that commission under Chapter 35.80 RCW. Section 4. FWRC 1.15.180 is hereby amended to read as follows: 1.15.180 Standards for repair, vacation, or demolition. The following standards shall be followed in substance by the improvement officer and the appeals commission in ordering repair, remediation, vacation or demolition of buildings e� structures or premises: (1) If the dangerous or unfit building e�-structure or premises can reasonably be repaired or remedied so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired or remedied by the improvement officer or by the appeals commission, on appeal. (2) If the dangerous or unfit building,, e�structure or premises is 50 percent or more damaged or decayed or deteriorated in value, it shall be demolished. "Value " as used herein shall be the valuation placed upon the building or structure for purposes of general taxation. (3) If the dangerous or unfit building, e�-structure or premises cannot be repaired or Ordinance No. I1- Page 3 of 6 Rev 1/10 remedied so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. (4) If the dangerous or unfit building e�structure or premises is a fire hazard, existing or erected in violation of the terms of this chapter or any other ordinance of the city of Federal Way or the laws of the state of Washington, it shall be demolished or abated, provided the fire hazard is not eliminated by the owner within a reasonable time. Section 5. FWRC 1.15.190 is hereby amended to read as follows: 1.15.190 Issuance of complaint. If, after a preliminary investigation of any dwelling, building, structure or premises, the ^�'��'��'a�~�~ ��^�°' improvement officer, or his or her designee, finds that it is unfit for human habitation or other use, the'��'�'� ��:�?, �:'�.:� �:'.:°: a�� __ improvement officer, may issue a complaint conforming to the provisions of RCW 35.80.030, stating in what respects such dwelling, building, structure or premises is unfit for human habitation or other use. In determining whether a dwelling, building, structure or premises should be repaired or demolished, the building official shall be guided by the Federal Way Revised Code, specifically FWRC 1.15.170 and .175 and such other codes adopted pursuant to the Federal Way Revised Code as the improvement officer ��a�-��- ��^�°' aeems applicable, in particular the most recent edition of the International Property Maintenance Code. Section 6. FWRC 1.15.250 is hereby amended to read as follows: 1.15.250 Remediation — Penalties. If a party, following e�austion of the party's rights to appeal, fails to comply with the determination, findings of fact, and order, the ' improvement officer, �r'�� ^~ �°~ Ordinance No. 11- Page 4 of 6 R�v 1/10 �esigHe�� may direct or cause the subject dwelling, building, structure or premises to be repaired, remedied, altered, improved, vacated and/or closed, removed, or demolished pursuant to Chapter Cf�:�l):Z�lii�� Section 7. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted th�s chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 Ordinance No. 11- Page S of 6 Rev 1/10 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 11- Page 6 of 6 Rev 1/10