Council MIN 09-04-2012 RegularCITY OF
,� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
September 4, 2012
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:00 p.m.
Eiected 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 Dini 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
a. Proclamation: National Recoverv Month
Councilmember Celski read the proclamation into the record, declaring September 2012
as National Recovery Month in the City of Federal Way. He presented the proclamation to
King County representatives Geoff Miller and Pat Godfrey. Mr. Miller thanked the Council
for recognizing the importance of this event.
b. Proclamation: Constitution Day — September 17, 2012
Deputy Mayor Ferrell read the proclamation into the record, declaring September 17, 2012
as Constitution Day in the City of Federal Way. He presented the proclamation to Pamela
Champy from the Lakota Chapter of The Daughters of the American Revolution. Ms.
Champy thanked the Council for the proclamation.
c. Mayor's Emerqinq Issues
Water Safetv
Parks, Public Works and Emergency Management Director Cary Roe provided an end of
year report for Steel Lake Park. He extended his condolences to the family and friends of
the two young men who lost their lives at the park. Mr. Roe reviewed the swimming
season dates and hours when lifeguards staff the park. It is estimated that 10K swimmers
visited the beach this last year. The dock at Steel Lake Park is evaluated for safety and
structural integrity every five to seven years. The city also offers swim programs for
children and teens as well as a lifejacket loaner program.
City Council Minutes — September 4, 2012 Regudar Meeting Page 1 of 10
Siqn Rules and Requlations
Mayor Priest stated that citizens have raised concerns regarding the rules and regulations
for posting political, garage sale and various other signs. Community and Economic
Development staff will be scheduling a meeting to address these questions. The meeting
date will be announced once it has been scheduled.
Biennial Budqet Dates
Mayor Priest announced that he and the Council will be soliciting input on the biennial
budget throughout the month of September. Groups and organizations are encouraged to
contact the City to schedule time to receive information on the budget. There will be a
Town Hall meeting focusing on the proposed budget at City Hall on September 27, 2012
starting at 6:30 pm.
Finance Director Tho Kraus reviewed the dates that the proposed biennial budget will
come before Council.
4. CITIZEN COMMENT
Mike Heinisch Executive Director of Kent Youth and Family Services spoke in support of the
proposed Human Services General Fund Grant recommendations. Mr. Heinisch provided a
summary of the services that Kent Youth and Family Services provides to Federal Way
residents.
James Cox member of The Light of Christ Lutheran Church provided an update on their
community garden project and thanked the Council for the $1,500.00 Community
Enhancement Grant that they received earlier this year.
Reverend Marvin Eckfeldt with King County Sexual Assault Resource Center asked the
Council to reconsider the proposed reduction in Human Services grant funding for their
agency. The reduction will impact the number of clients they can provide services to.
Manuela Ginnett Housing Director with the Multi-Service Center thanked the city for the
ongoing support that they have provided them with over the years. Ms. Ginnett provided a
brief summary of the programs offered and the number of individuals and families they have
helped.
Norma Blanchard spoke regarding the timeframe for collecting signatures for the initiative
process; she asked that the 90-day timeframe be revoked. She would also like to see term
limits enacted for City Councilmembers. She will be contacting Mayor Priest to schedule a
meeting to discuss this item further.
Douq Johnson with the Federal Way Community Care Giving Network spoke in support of the
Human Services Commissions funding recommendations for the 2013-2014 Human Services
General Fund Grants. He spoke to the Care Giving Networks mission and the importance of
keeping families in their homes.
Kathy Powers Director of Services at Orion Industries noted that in the Human Services
funding recommendations Orion is recommended for contingency funding. Ms. Powers
reviewed the services that Orion provides and requested the Council consider approving
Orion for Human Services General Grant funding.
City Council Minutes — September 4, 2012 Regular Meeting Page 2 of 10
David Chunq Deputy Director of MSM (My Service Mind) stated their Human Services General
Fund Grant request was not approved. He summarized the services that MSM provides and
stated the Council's consideration on this matter is greatly appreciated.
Tracv Oster and Brett Hulse with Federal Way Communities in Schools thanked the Council
for their ongoing efforts to keep kids in school. Last year they were able to expand their
services by placing an outreach coordinator at Federal Way High School. Ms. Oster provided
information on their mentoring program and shared some feedback received from the
students who participate in it. Brett Hulse, incoming Federal Way Communities in Schools
Board Member thanked the Council for their support.
James Tolbert, Program Manager with Catholic Community Services summarized the services
their three locations provide to King County residents. So far this year they have assisted 24
Federal Way households. The majority of individuals they assist are at or below the 30%
median income level. He shared information regarding increasing rental rates in the real
estate market.
Donald Barovic happily reported that he has not lost any chickens on his property to
predators. He came to City Hall on August 21, 2012 to attend the City Council meeting and
was surprised to learn that it had been cancelled. He suggested posting a notice on the door
next time. Reeently he met with Public Works staff to discuss the possibility of the City
purchasing his property but it does not look like that is going to work out.
Tim Burns expressed his concerns with all of the shootings that have been occurring
nationwide. He inquired if Mayor Priest has signed on to the Mayor's Against Illegal Guns
campaign.
Dawn Winkes with Auburn Youth Resources stated they provide outreach services, mental
health counseling, adolescent out-patient drug/alcohol treatment and other services. They are
looking to expand their current service areas and last year expanded to Federal Way.
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: August 7, 2012 Special and Regular Meetings
b. Vouchers — July 2012
c. Monthly Financial Report — July 2012
d. 21St Ave. SW at SW 336th Street Intersection Improvements — 85% Design Status
Report
Use Excess Replacement Reserves to Replace 1992 Shuttle Bus
Motion: Deputy Mayor Ferrell moved approval of items 5.a. through 5.f. Councilmember
Duclos second.
Councilmember Kochmar puled item 5e. Contract for State Lobbyist/Public Affairs from the
consent agenda.
City Council Minutes — September 4, 2012 Regular Meeting Page 3 of IO
6.
Vote: On items 5a, 5b, 5c, 5d and 5f.
Deputy Mayor Ferrell Yes
Councifinember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
5e. Contract for State Lobbvist/Public Affairs
Councilmember Kochmar and Councilmember Freeman stated they wish to recuse
themsetves from voting on this item.
Motion: Councilmember Duclos moved to approve the item. Councilmember Celski
second.
Vote:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
Motion carried 5-0.
PUBLIC HEARINGS
Yes
Recused
Yes
Yes
Yes
Recused
Yes
Mayor Priest reviewed the procedures for the public hearings. The first hearing is limited to
site-specific requests, and the question before Council is whether the requests should move
forward to the Planning Commission for further consideration.
The second public hearing is lirnited to a requested modification of the Federal Way Revised
Code (FWRC) regarding zoning. The question before Council is whether the requested
modification should move forward to the Planning Commission for further consideration.
a. Site Specific Selection Process — 2012 Comprehensive Plan Amendments
Mayor Priest declared the public hearing open at 8:02 pm. Under Federal Way Revised
Code (FWRC) 19.08.080 a public hearing must be conducted to consider the Selection
Process — 2012 Comprehensive Plan Amendments.
Principal Planner Margaret Clark presented information on this item. The Federal Way
Revised Code requires the city to accept applications for amendments to the Federal
Way Comprehensive Plan on an annual basis. During this cycle, staff received three
applications which were presented to the Land Use and Transportation Committee and
are now coming before Council for review and selection of requests to be referred to the
Planning Commission for further review.
Ms. Clark reviewed the application requests, which are summarized below:
1. Edward Hoit submitted a request for a comprehensive plan amendment and rezone of
1.82 acres from single family — low density residential and suburban estates to single
family — medium density residential and RS 15.0.
City Council Minutes — September 4, 2012 Regular Meeting Page 4 of ] 0
2. Mark Barrett submitted a request for a comprehensive plan amendment and rezone of
0.35 acres from single family — high density residential and RS 7.2 to multiple family
residential and RM 3600.
3. Isaac Hildebrandt submitted a request for a comprehensive plan amendment and
rezone of 1.18 acres from single family — medium density residential and RS 15.0 to
multiple family residential and RM 2400. The applicant revised their request to RS 5.0
or RS 7.2.
Ms. Clark reviewed the criteria as outlined in FWRC 19.80.080 for selecting amendments
for further consideration.
Mayor Priest called for public comment. No public comment was received.
Motion: Councilmember Celski moved to forward the site specific requests from
Edward Hoit and Mark Barrett to the Planning Commission for further
consideration as they meet the selection criteria; and the site specific request from
Isaac Hildebrandt not be considered further as it is not consistentwith the Federal
Way Comprehensive Plan. Councilmember Duclos secortd.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilrnember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
Mayor Priest closed the public hearing on the Site Specific Selection Process — 2012
Comprehensive Plan Amendments at 8:16 pm.
b. Modification of the Federal Wav Revised Code (FWRC)
Mayor Priest declared the public hearing open at 8:17 pm. As outlined in FWRC
19.08.020 and 19.08.080, a public hearing must be conducted to consider requested
modifications to the text of the Federal Way Revised Code.
Principal Planner Margaret Clark presented information on this agenda item. The Federal
Way Revised Code (FWRC) states the City will accept applications for amendments to
the FWRC on an annual basis. The City received one application from Ron Mitchell
requesting that senior housing with assisted living components be allowed in the
Professional Office Zone. The request was reviewed by the Land Use Transportation
Committee and forwarded to the City Council with a recommendation to further consider
the amendment.
Mayor Priest called for public comment. No public comment was received.
Motion: Councilmember Celski moved to forward the requestto amend the Federal
Way Revised Code to the Planning Commission for further consideration.
Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
City Council Minutes — September 4, 2012 Regular Meeting Page S of 10
7.
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
Mayor Priest declared the public hearing on the modification of the Federal Way
Revised Code closed at 8:21 pm.
COUNCIL BUSINESS
a. Communitv Development Block Grant (CDBG) Loan Advisorv Review Committee
Appointments
At their 5:30 pm Special Meeting, the City Council interviewed four applicants for
appointment to the CDBG Loan Advisory Review Committee.
0
c.
Motion: Councilmember Honda to appoint the following individuals to the CDBG
Loan Advisory Review Committee: Lori Devore, Donald Bartlett and Keven Dunn
to 2-year terms expiring August 31, 2014; Frank Spicer and Graham Evans
to 3-year terms expiring August 31, 2015; and appoint Mark Hutson as an alternate
member with a term expiring August 31, 2014. Deputy Mayor Ferrell second.
Vote:
Deputy Mayor ferrell
Councilrnember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
Motion carried 7-0.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Human Services Commission Appointments
At their 5:30 pm Special Meeting, the City Council interviewed two applicants for
appointment to the Human Services Commission.
Motion: Councilmember Honda moved to appoint Lydia Assefa-Dawson as a
voting member to the Human Services Commission to fill the remainder of an
un-expired term of January 31, 2013, and Brian Sandler as an alternate member
with a term expiring January 31, 2015. Councilmember 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.
2013-2014 Human Services General Fund Fundinq Recommendations
Community Services Manager Jay Bennett presented Council with information on this
item. The City Council awards Human Services General Fund (HSGF) Grants to
City Council Minutes — September 4, 2012 Regular Meeting Page 6 of IO
organizations that provide human services programs that serve Federal Way residents.
The city solicited grant applications from organizations and the applications were
reviewed by city staff as well as the Human Services Commission members. The
Commission approved a preliminary funding recommendation and conducted a public
hearing to solicit input on their recommendation. At their August 14, 2012 meeting, the
Parks, Recreation and Public Safety Committee reviewed the Human Services
Commission funding recommendation and referred it back to the Commission forfurther
review at their August 20, 2012 meeting, and presentation at this meeting. Mr. Bennett
reviewed the funding recommendations that were included in the agenda packet.
The Council asked clarifying questions of Mr. Bennett.
Motion: Councilmember Honda moved approval of the Human Services
Commission revised August 20, 2012 funding recommendations for the 2013-14
Human Services General Fund Grants and the Contingency Plan. Deputy Mayor
Ferrell second.
Vote:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Councilmember Duclos
Motion carried 7-0.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
d. 2013-2014 Communitv Development Block Grant Fundinq Recommendations
Community Services Manager Jay Bennett provided a brief presentation on this item. The
City of Federal Way is a direct entitlement city and receives Community Development
Block Grant (CDBG) funding from the Department of Housing and Urban Development.
CDBG funding is awarded to agencies that provide services to low and moderate income
residents and includes services such as emergency shelters, medical services, food
banks, senior programs etc. City staff, along with the Human Services Commission
members reviewed the grant applications that were received. The Commission also
conducted a public hearing on their funding recommendations for both Public Services
and Planning & Administration activities. The funding recommendations are before
Council for approval.
Motion: Councilmember Honda moved approval of the Human Services
Commissions funding recommendations for the 2013-2014 CDBG public service
grants, planning administration budget and the conditions of funding.
Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councifinember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
Ciry Council Minutes — September 4, 2012 Regular Meeting Page 7 of IO
8. ORDINANCES
First Reading:
a. CB 608: Amendment to FWRC Reqardinq Residential Open Space Standards
in the Citv Center and Citv Center Frame
An ordinance of the City of Federal Way, Washington, relating to open space standards
for multi-housing in the City Cenfer-Core and Ciiy Center-Frame zoning districts;
amending FWRC 19.05.150, 19.100.070, 19.115, 19.225.070 and 19.230.060
Senior Planner Janet Shull stated this proposed amendment was part of the
Planning Commission's work plan. The purpose of the amendment is to reduce
the overall open-space requirement for residential development in the City Center
zoning areas. The amendment would reduce the total square footage
requirement, add new dimensional standards and add an optional fee-in-lieu
program. The Planning Commission conducted a public hearing on July 18, 2012
on this item and forwarded their recommendation to approve to the Land Use
Transportation Committee. Both the Planning Commission and LUTC are
recommending the Council to approve staff's recommendation to amend the City
Center-Core and City Center-Frame open space requirement.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved to approve the proposed ordinance
and forward it to the September 18, 2012 City Council meeting for second
reading and enactment. 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.
b. CB 609: Tacoma Public Utilities (TPU) Water Franchise Aqreement
An ordinance of the City of Federal Way, Washington, granfing City of Tacoma
Department of Public Utilities, Water Division, a Municipal Corporation and Public Utility
selling and distributing water within King County, a nonexclusive franchise to occupy the
rights-of-way of the City of Federal Way, Washington, through the franchise area for the
pu►pose of constructing, maintaining, repairing, renewing and operating a transmission
system and accessories within and through the City of Federal Way and addressing
hydrant costs within City boundaries.
Parks, Public Works and Emergency Management Director Cary Roe provided
background information on this item. In 1999 the City and Tacoma Water entered
into a non-exclusive franchise agreement for instalaation, operation and repair of
water systems located in the City. The franchise agreement was amended twice
to extend the term. In a recent King County Superior Court matter, a decision was
issued that requires a new franchise be negotiated and approved by the City
Council. The proposed franchise has a term of ten-years. Other items addressed
in the proposed ordinance include system abandonment, system general
maintenance, franchisee duty for relocation of facilities and termination of
easements in the existing or future right of way.
City Council Minutes — September 4, 2012 Regular Meeting Page 8 of 10
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Duclos moved to approve the proposed ordinance
and forward it the September 18, 2012 City Council meeting for second
reading and enactment. Deputy Mayor Ferrell second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Mofiion carried 7-0.
9. COUNCIL REPORTS
Councilmember Duclos announced the South Sound Chamber of Commerce is conducting an
Economic Development Summit at Emerald Downs on September 13, 2012, She has been
asked to serve on the siting recommendation committee for the new South County Transfer
Station. Next week she will be attending a Regional Policy Council meeting.
Councilmember Freeman reported that he attended the sand sculpture event over the
weekend. He welcomed two new businesses to the City — Fitness 19 and Atlanta Fish and
Wings restaurant.
Councilmember Celski thanked city staff for their efforts on the recent audit. He noted this is
#he 18`h consecutive year the audit was performed with no findings.
Councilmember Burbidge reported she attended a South County Area Transportation Board
meeting where they received an update on the Triangle Project. The Federal Way Historical
Society is hosting #heir annual meeting and potluck at noon on September 8, 2012.
Deputy Mayor Ferrell reported that on September 11, 2012 South King Fire and Rescue will
be hosting a commemorative memorial event. He recently attended the 35th Anniversary
celebration for Wild Waves. He encouraged citizens to attend the September 27, 2012 Town
Hall meeting focusing on the 2013-14 proposed budget and upcoming Council meetings to
provide input on the proposed budget.
Councilmember Honda shared information on the Arts Commission's current and upcoming
City Hall Gallery displays. In September, the Commission will be accepting art for the Arts
Alive Juried Art Show. Information for that show, as well as an application to display artwork at
one of the two City galleries can be found on the Arts Commission page of the City's website.
She attended her first Emergency Management Advisory Committee meeting last month and
will be attending another one next week. She reviewed the agenda for the September 11,
2012 PRHSPS Committee meeting.
Councilmember Kochmar reported tomorrow is the Chamber of Commerce luncheon, where
Congressman Adam Smith will be speaking. There is a SCA Quarterly meeting on September
19, 2012.
City Council Minutes — September 4, 2012 Regular Meeting Page 9 of 10
10. MAYOR'S REPORT
Mayor Priest thanked Dick Mayer, Wal-mart Representative for his community outreach
and longtime representation of Wal-mart.
11. fXECUTIVE SESSION
The Council and City Attorney adjourned to executive session at 9:11 pm to discuss collective
bargaining pursuant to RCW 42.30.140(4)(b) and potential litigation pursuant to RCW
42.30.110(1)(i) for approximately forty minutes. The Council adjourned from executive session
at 9:46 pm.
12. ADJOURNMENT
With no additional items scheduled, Mayor Priest adjourned the meeting at 9:46 pm.
Attest:
Carol McNeilly, CM City Cle k
Approved by Council on: September 18, 2012
City Council Minutes — September 4, 2012 Regudar Meeting Page 10 of 10