Council MIN 10-18-2011 RegularCITY OF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
October 18, 2011
7:00 pm
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:00 pm.
Elected officials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember
Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember
Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman.
Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Kyle Olsen led the Pledge of Allegiance.
3. PRESENTATION
a. Kinq Countv Ten-Year Plan to End Homelessness Update
Mayor Priest stated that five years ago King County embarked on an ambitious plan to
end homelessness and developed a 10-year plan. The City of Federal Way endorsed that
plan. Bill Block, Project Directorforthe Committee to End Homelessness provided Council
with an update on the plan's implementation. Mr. Block stated as a result of the plan, King
County has transformed programs for chronically homeless single adults with housing first
and client care coordination. They have funded over 4,500 units of new homeless
housing, implemented a Landlord Liaison Project, which breaks down housing barriers,
and created effective diversion programs interrupting the cycle of jails and psychiatric
hospitals. So far they have prevented homelessness for over18,500 people and helped
more than 30,000 individuals in over 18,000 households to leave homelessness.
b. Juried Arts Show Winners — Arts Commission
Arts Commission Chair Susan Honda introduced members of the Arts Commission and
stated the Juried Arts show is an annual event, held every fall. The artwork entered into
the contest is currently on display in the City Hall Gallery. There are three awards for the
show; The Jurors Award is a$200 cash prize and a private art show at the City Hall Art
Gallery. The Commissioners Award is a$150 prize, and the Peoples Choice award.
Voting for the Peoples Choice award is open through December. The Jurors Award was
presented to Tis Huberth. The Commissioners Award was presented to Kathy McFall-
Butler.
City Council Minutes — October 18, 2011 Regular Meeting Page 1 of 6
c. Proclamation: DECA Week
Deputy Mayor Duclos stated that DECA is an association of Marketing for students at
Decatur High School. Their mission is to prepare emerging leaders and entrepreneurs in
marketing, financing, hospitality and management. The students at Decatur High School
will participate in leadership activities and business competitions throughout the year.
Deputy Mayor Duclos read the proclamation into the record and presented it to students
Debra Chong and Stephanie Stanek.
d. Proclamation: Domestic Violence Awareness Month
Councilmember Burbidge stated October is Domestic Violence Awareness Month, and the
City has been a leader in legislation involving domestic violence. Domestic Violence
transcends all walks of life, adversely affects individuals, families, businesses and other
organizations in our community. Statistics show that one in fourwomen and one in thirteen
men will experience domestic violence in their lifetime. Exposure to domestic violence
puts our children at risk for long-term emotional, psychological and physical harm.
Councilmember Burbidge read the proclamation into the record and presented it to
Municipal Court Judge David Larson, Police Chief Brian Wilson, Deputy Police Chief Andy
Hwang, Ted Vidan - Marriage and Family Therapist, Jackie Natario-Mairs owner of ABC
Visitation and Family Services and Cathy Williams the City's Domestic Violence Liaison.
Judge Larson thanked the Council for the proclamation and noted that domestic violence
awareness and prevention is very important.
e. Mavor's Emerainct Issues
Mayor Priest stated there were no emerging issues this evening.
4. CITIZEN COMMENT
Clara McArthur spoke regarding signs and banners in the City, she read a legal notice
regarding City evaluating the sign and banner code. She would like to see enforcement of
the shopping cart theft laws.
Mia Franklin stated her concern for how easy it is to get access to individual's information
from the internet. She would like to see a breakdown of where her taxes are going.
Trise Moore spoke about the School Donors Choice Card partnership program.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their enfirety 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 mofion.
a. Minutes: October 4, 2011 Special and Regular Meeting
b. Grant Funding for Transportation Improvement Projects
c. WSDOT Traffic Busters — Project Acceptance
d. 10 Ave. SW at SW Campus Drive Intersection Improvements -30% Design Status
Report
e. 2012 Asphalt Overlay Program Preliminary Project List
f. Washington Traffic Safety Commission Grant Money for 2011 Uniforms
g. Lakota Park Fence Bids
City Council Minutes — October 18, 2011 Regular Meeting Page 2 of 6
MOTION: Deputy Mayor Duclos moved approval of items 5a through 5g.
Councilmember Kochmar second.
Vote:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
6. COUNCIL BUSINESS
a. Proposed Purchase and Sale Agreement with Development Covenants (former AMC
Theatre site)
Mayor Priest stated at their July 19, 2011 City Council meeting the Council authorized staff
to negotiate exclusively with ARCADD, LLC for the purchase and sale of the former AMC
Theatre site. Staff has negotiated the proposed agreement that is before Council for
approvaL
City Attorney Pat Richardson reviewed the terms of the proposed agreement.
Section 2.2 Purchase Price Based Upon Appraisal: specifies that the basis of the
purchase price will be from certified appraisals. The City has obtained an appraisal;
however, the buyer's appraisal is not yet complete. When both appraisals are complete,
the parties will exchange information in an attempt to agree upon a purchase price. If the
parties cannot agree upon the purchase price, an independent appraiserwill be hired and
select one of the appraisals for the purchase price. Staff will return to Council in a public
meeting with the proposed price in the form of an addendum for Council action.
• Section 2.4 Deposit Earnest Money: specifies that $150,000 in for form of a certified
cashier's check is to be deposited into escrow when both parties execute the agreement.
• Section 3.2.5 Documentation of Financing for Project: specifies that within thirty days of
executing the agreement the buyer will provide verification of financing for the entire
project. The information must be acceptable to the City.
• Sections 4.4.1 and 4.4.2 Express Easements for Public Access: specify easements for
public access, public restrooms and Safe Cities program.
• Section 4.5 Development Covenants: the development covenants stated in the agreement
run with the land. This means that the development of the property will be in accordance
with the terms and exhibits in the agreement in the event ARCADD, LLC sells the property
before it is developed. The development covenants include: the scope and description of
the project; Safe Cities system; enumerated design guidelines; identifiable public parking;
and traffic mitigation plan during construction.
• Section 4.5.10 Public Art: states that the buyer will include in the budget funds for public
art; to not exceed $300,000.
• Section 5.1 Environmental Assessment: states that the parties agree to split the cost of a
Ciry Council Minutes — October 18, 2011 Regular Meeting Page 3 of 6
Phase II environmental assessment, which involves taking samples of the soil and
analyzing it to determine if hazardous substances are in the soil.
• Section 10.1 Closing Date: states that closing will occur on or before January 6, 2012, but
may be extended by mutual agreement.
Economic and Development Director Patrick Doherty reviewed the design guidelines in the
proposed purchase and sale agreement which include:
• Providing a variety, yet cohesive architecture
• Providing public spaces with a variety of hardscape, greenscape, artwork, water feature
etc.
• Providing human-scale and interest at street level
• Design and construct with public safety in mind
• Design and construct with sustainability in mind at LEED level
The Council asked clarifying questions of Ms. Richardson and Mr. Doherty.
MOTION: Deputy Mayor Duclos moved approval for the Mayor to execute the
Purchase and Sale Agreement with the Development Covenants and retum to Council
with an addendum stating the sale price prior to closing for Council Approval.
Councilmember Kochmar second.
Vote:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes '
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
7. ORDINANCES
First Reading:
a. CB #586 Shoreline Master Proqram — Final Approval and Adoption
An ordinance of the City of Federal Way, Washington, relating to amendments to fhe City's
comprehensive plan adding a new Chapfer 11 `Shoreline Master Program" repealing existing Title 15
FWRC; and adding a new Title 15 FWRC.
Mayor Priest stated State Law requires the City to periodically update its Shoreline Master
Program (SMP), which must be approved by the Department of Ecology.
Senior Planner Janet Shull presented information on this item. Ms. Shull stated the
Last October the City Council passed Resolution 10-597 approving revisions to the SMP
and authorizing staff forward the SMP to the Department of Ecology for review and
approval. The Department of Ecology responded with finro required modifications:
City Council Minutes — October 18, 2011 Regular Meeting Page 4 of 6
1. Wetland buffers within Shoreline Environment: This change will add the requirement for
a Shoreline Variance in cases where proposed modifications to wetland buffer widths
reduce the buffer width by more than 25%.
2. Increase amount of native vegetation conservation in shoreline setback area in
Shoreline Residential and Urban Conservancy Environment: Shoreline Residential
Environment - this change will increase the minimum amount of native vegetation
retention from fifty percent to seventy percent within shoreline setback areas and increase
the minimum amount of native tree retention from 60% to 70% within shoreline setback
areas. Urban Conservancy Environment: this change will increase the minimum amount
of native vegetation from 70% to 85% within shoreline setback areas and increase the
minimum amount of native tree retention from 70% to 80% within shoreline setback areas.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to the November 1,:. , -
2011 City Council meeting for second reading and enactment. Councilmember povey
second.
Vote:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
b. CB #587 Amendments to the Federal Wav Revised Code Relatinq to Accessorv Uses
and Convention Centers in the Office Park Zone
An ordinance of the City of Federal Way, Washington, relating to types of accessory uses and status of
convention centers in fhe O�ce Park Zone; amending FWRC 19.235.010, 19.235.020 and 19.235.030.
Principal Planner Margaret Clark reviewed the policy question before the Council this
evening. The City received a request to amend the Federal Way Revised Code (FWRC)
to increase the percentage of gross office floor that can be used for accessory warehouse
use from no more that 20% to no more than 50%. This request was presented to the Land
Use Transportation Committee as well as the City CounciL As part of this amendment,
staff is recommending that types of accessory uses not be limited in the Office Park Zone
but instead be treated consistently with the FWRC definition of "accessory use." Staff is
also proposing to allow convention centers as a principal use rather than an accessory
use. The size would be restricted by a maximum allowable height of 35 feet.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved to forward the ordinance to the
November 1, 2011 City Council meeting for second reading and enactment.
Freeman second.
Vote:
Deputy Mayor Duclos: Yes
Councilmember Ferrell: Yes
Councilmember Kochmar: Yes
Councilmember Park: Yes
City Council Minutes — October 18, 2011 Regular Meeting Page S of 6
Councilmember Burbidge: Yes
Councilmember povey: Yes
Councilmember Freeman: Yes
Motion carried 7-0.
8. COUNCIL REPORTS
Councilmember Freeman stated he was approached by a member of the FW High School
football team who informed him that they are currently undefeated.
Councilmember povey had no report.
Councilmember Burbidge stated the next PRHSPSC meeting is November 8, 2011. She
reported on upcoming events at the Centerstage Theater.
Councilmember Park reported the next FEDRAC meeting is October 25, 2011.
Councilmember Kochmar reported the next LUTC meeting is November 7, 2011
Councilmember Ferrell reported that while on his way to a crime forum his bus was stopped
by a bomb scare at the park and ride. He stated the crime forum was very informational and
the City of Federal Way was well represented. He noted on an upcoming children's book
reading.
Deputy Mayor Duclos announced the City is seeking applicants for the Independent Salary
Commission and the Civil Service Commission. Interested parties should contact the City
Clerk's Office at 253-835-2540.
9. MAYOR'S REPORT
Mayor Priest thanked Robert Stole for his efforts in picking up litter while he is out walking.
10. EXECUTIVE SESSION
The Council did not adjourn to executive session.
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11. ADJOURNMENT
Mayor Priest adjoumed the meeting at 8:22 pm.
Attest:
,
Carol McNeilly, CM , City CI rk
Approved by CounciL• November 1, 2011
City Council Minutes — October 18, 2011 Regular Meeting Page 6 of 6