Council MIN 04-16-2013 RegularCITY OF
� Federal Way
MINUTES
FEDERAL WAY C1TY COUNCIL
REGULAR MEfTiNG
Council Chambers - City Hall
April 16, 2013
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:11 p.m.
City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly
Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember
Bob Celski, Councilmember Diana Noble-Gulliford and Councilmember Dini Duclos.
Gity 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 reported that Pat Foster, a City employee of 17 years, recently passed away.
Our thoughts and prayers are with his family. He stated on behalf of the Council, city staff
and the community, the victims of the Boston attacks are in our thoughts and prayers as
well. Councilrnember Duclos asked for a moment of silence to honor the victims.
a. Proclamation: National Dav of Praver — Mav 2"a
Mayor Priest noted that prayer plays a vital role in the lives of many, providing solace
during difficult times and thoughts of gratitude during good times. In a community as
diverse as Federal Way, prayer is a common thread that can unite us. Mayor Priest read
the proclamation into the record and presented it to Bob "Coach" Roach. Mr. Roach
thanked the Council for recognizing the importance of prayer and reported on the
upcoming Prayer Breakfast on May 2"d at 7:00 a.m. at the Commons MaIL
b. Proclamation: Barbershop Harmony Davs — M�v 3�d and 4th
Councilmember Honda stated Barbershop quartet singing is a true American art form.
Representatives from the Federal Way Harmony Kings, Jet Cities Sweet Adeline Chorus,
Mid Day Melody Men, and the Northwest Sound are all in attendance this evening. The
Federal Way Marmony Kings, along with the Bellevue Northwest Sound Barbershop
Quartet are sponsoring the Western Washington Barbershop Quartet and Chorus
competition on May 3`d and 4t" in Federal Way. This event will also include a High School
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a cappella contest with schools from the region. Councilmember Honda read the
proclamation into the record and presented it to representatives, who thanked the Council
for recognizing Barbershop Harmony Days. The Harmony Kings then performed a brief
song.
c. Certificates of Appointment: Diversitv Commission
At their April 2, 2013 meeting the Council appointed two members to the Diversity
Commission. Councilmember Honda read the Certificates of Appointment into the record
and presented them to the Commissioners in attendance.
d. Certificate of Appointment: Human Services Commission
At their April 2, 2013 meeting the Council appointed one member to the Human Services
Commission. Councilmember Honda read the Certificate of Appointment into the record.
e. Recoqnition of Citv Volunteer Commission, Committee and Board Members
At their 6:30 p.m. Special Meeting the Council hosted a reception to honor volunteers
serving on the City's Commissions, Committees and Boards. Councilmember Honda
reviewed the roles associated with each Commission, Committee and Board, and the
members serving on each. Having served on the Arts and Diversity Commission herself,
she knows the amount of time and work these individuals invest. She thanked the
votunteers for #heir time and service to the City.
f. Ma_YOr's Emerginq Issues
Helen Keller Basketball Challenqe: Last Saturday the Federal Way Lions hosted the
annual Helen Keller Basketball Challenge, a fundraising game befinreen the Federal Way
Police Department and South King Fire and Rescue. This year the Police Department
emerged victorious in a 51 to 33 game.
Leqislative Update: The Senate recently passed legislation to preserve cities' ability to
invest lodging tax revenues to support major tourism events. This is one of Federal Way's
priority issues in this session and this bill is critical to tourism and our local economy. It is
anticipated that the changes made in the Senate will be confirmed by the house.
Salmon Release at West Hvlebos Wetlands: Mayor Priest referred to the photos on the
Chambers presentation screen which were taken last week at the West Hylebos Wetland
during a salmon release and environmental science fair involving more than 300 Federal
Way Public School students. He thanked staff and representatives from the Federal Way
Public Schools for their work on this event.
4. CITIZEN COMMENT
Nancv Combs spoke in opposition of the City paving #he City right-of-way along 21StAve. SW.
Mayor Priest noted this work is part of the City's asphalt overlay program, which includes
paving 5-feet along one side of the road to allow for pedestrians. Many students walk to and
from Adelaide school along this street and the extension is to provide a safer path for
students.
Rov Parke spoke about alleged charges against city employees and the wrongful use of
eminent domain used by the City. He stated the Mayor has an obligation to address his
concerns but feels he has been non-responsive on this issue. Mayor Priest responded that he
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offered to meet with Mr. Parke on this matter; however; he did not receive a response from
him. Mayor Priest also noted charges of fraud and perjury have been raised in three separate
King County Superior Court cases and the Judges have ruled there was no wrong-doing.
Nathan Garcia stated he submitted a claim to the City for damages to his vehicle along 348tn
Street. The claim was denied and he feels the City had knowledge of the pothole, as well
adequate tirne to repair it. He asked the City to reimburse him for the cost to repair his vehicle.
City Attorney Richardson stated the claim was received and investigated. City documents
identified a surface water manhole and immediate surrounding area that was below grade by
approximately one-inch and three-quarters. This item was repaired on March 27tn.
Trise Moore, Director of the Communiry Partnership Program through the Federal Way School
District. She provide the Mayor and Council with a booklet entitled "Partnership 101" the
focuses on the partnership for student achievement. Twin Lakes Elementary Principal Marin
Miller thanked the Mayor and Councilmembers who participated in "Who Are We Day." Two
elementary students from Twin Lakes also thanked the Mayor and Council for their
participation and spoke to the importance of the event. Ms. Moore he encouraged people to
visit the School Districts webpage and sign up for the Road Map Project Parent Forum which
will occur on April 2ptn
Flora Simpson, a Belmor Park resident for the past 17 years. Ms. Simpson spoke in support of
the mobile-home rezoning proposed under item 7.b. on the agenda.
Peq Altman, a Belmor Park resident. She stated she is speaking on behalf of the 1,100 mobile
home park residents in the City. Ms. Altman asked the Council to adopt an ordinance relating
to the zoning of mobile home parks and move it to a high-priority item on the 2013 Planning
Commission Work Program.
Mike Nuqent, Belmor Park resident. Mr. Nugent spoke in support of the proposed re-zoning
for mobile homes identified in the 2013 Planning Commission Work Program.
Renee Marshall, whose mother is a Belmor Park resident, stated she would like to see the re-
zoning for mobile home parks moved to a high-priority item in the 2013 Planning Commission
Work Program.
Judv Kimes, 'Belmor Park resident, stated other cities have adopted mobile home park zoning
ordinances and urged Federal Way to do the same.
Dan Barrett, President of the Association of Manufactured Homeowners, spoke to the
expenses associated with relocating a mobile/manufactured home. He asked the Councit to
adopt an ordinance relating to mobile/manufactured home zoning.
Tracv Hills reported that street lights in his neighborhood have been out for a while. He stated
he does not support the development of a Performing Arts and Conference Center. Mayor
Priest noted the City is aware of the lights being out in this area, it is due to metal theft.
Repairs are estimated to be completed within a few weeks.
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 iterns may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: April 2, 2013 Special and Regular City Council Meetings
City Council Minutes — April 16, 2013 Regular Meeting Page 3 of 9
b. S. 356th Street Regional Detention Facility — 100% Design and Authorization to Bid
c. Authorization to Submit Grant Funding Application to WSTSC
d. Nautilus '12 Neighborhood Traffic Safety Project — S. 305th Street
e. Mark Twain Elementary Safe Routes to School — Final Acceptance
f. 2013 Asphalt Overlay Change Order
g. S. 320th Street at ZOth Ave. S. Intersection Improvements — Bid Award
h. 21st Ave. SW at SW 336th Street Intersection Improvements — Bid Award
DDD Interlocal Contract — Respite
Landscape Bid Award
Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through
5.j. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Councilmember Duclos Yes
Motion carried 7-0.
6. PUBLIC HEARING
a. Selection Process — 2013 Amendments to the Federal Wav Comprehensive Plan
Mayor Priest reviewed the format for the Public Hearing and declared the hearing open at
8:28 p.m.
Principal Planner Margaret Clark reviewed the three citizen site specific amendment
requests the City received:
Site specific request #1 — Federal Wav Hiqh School. Federal Way Public Schools is
requesting fihe comprehensive plan designation and rezone in preparation to rebuild
Federal way High School located at 31031 Pacific Highway South. The existing school
was built in 1953. Both the existing RS 7.2 zoning and the requested BC zoning allow
schools, however, the BC zone allows more flexibility in terms of development standards.
Site specific reauest #2 — Alhadeff. Mr. Alhadeff is requesting a rezone of the property
located at 3081914t Ave. South. Current zoning is Professional Office and request is to
rezone to Multifamily Residential (RM) 1800. The applicant would like the option to build
multi-family units on the property.
Site specific reauest #3 — Summers. Mr. and Mrs. Summers are requesting a zoning
change for parcel numbers 442060-0025 and 4420600-0030. Current zoning is
Corporate Park (GP-1) and requested zoning is Single Family Residential (RS) 9.6 so the
property can be used for residential purposes.
Ms. Clark noted all three requests were presented to the Land Use Transportation
Council Committee on April 1, 2013, and forwarded to the full Council for further
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7.
consideration.
Public Comment: Mayor Priest called for public comment. No public comment was
received.
Motion: Councilmember Celski moved to forward all three citizens site specific
requests to the Planning Commission for further consideration.
Councilmember Duclos second.
Vote:
Deputy Mayor ferrell
Councilmember Maloney
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Noble-Gulliford
Councilmember Duclos
Motion carried 7-0.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Motion: Councilmember Celski moved to close the Public Hearing.
Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Councilmember Maloney
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Noble-Gulliford
Councilmember Duclos
Motion carried 7-0.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Mayor Priest declared the Public Hearing closed at 8:38 p.m.
COUNCIL BUSINESS
a. Olympic View'12 Neiqhborhood Traffic Safetv Proiect — Wesfinrav
Mayor Priest noted this item was reviewed by the Land Use Transportation Council
Committee on April 1, 2013 and forwarded to full Council for consideration.
City Traffic Engineer Rick Perez stated the City received a petition from residents living in
the vicinity of SW 333�d Street and SW 334th Street between 21 St Ave. SW and 26th Ave.
SW requesting the installation of traffic calming devices to control speed and improve
pedestrian safety in that area. Mr. Perez reviewed the data collected from a traffic study
that was conducted and noted the majority of points scored are due to a fatal bicycle /
vehicle collision that occurred in this area. The proposal is to modify the streets to one-
way travel, utilize back-in angle parking, reduce the speed limit to 20 mph and install a
speed hump on SW 333`d and SW 334tn
Councilmembers asked clarifying question of Mr. Perez relating to parking, road revision
education and enforcement efforts. Councilmembers Honda and Duclos shared their
concerns about the conversion to one-way streets.
Motion: Councilmember Celski moved approval of the installation of two speed
humps on SW 333�d Street and SW 334th Street, conversions to one-way streetand
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installation of back-in angle parking in Westway, exceeding the annual expenditure
limit per neighborhood. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Councilmember Duclos Yes
Motion carried 7-0.
b. 2013 Ptanninq Commission Work Proqram
Principal Flanner Margaret Clark reported the 2013 Planning Commission Work Program
is before the Councit for project prioritization and approval. Ms. Clark reviewed the work
program items completed in 2012 and the projects proposed in 2013 Planning
Commission Work Program.
High Priority projects include: adopting zoning regulations to implement urban agriculture
goals and policies; amending regulations to provide a more streamlined process for
binding site plans, and amending the process for updating the Comprehensive Plan.
Medium priority projects include: amending regulations and adopting a zoning district for
mobile/manufactured homes; adopting zoning regulations for the Twin Lakes Commercial
Sub-area, and amending regulations to increase the maximum allowable building height
in the City Center Core.
Low priority projects include: amending regulations to allow oversize vehicles in approved
enclosures in residential zones; amending regulations to allow senior housing/assisted
living in the Professional Office zone and adoption of an ordinance that addresses
historic preservation.
Mo#ion: Councilmember CeJski to amend the 2013 Planning Commission Work
Program as follows; move the adoption of a specific zoning district for
mobile/manufactured home parks to high priority; and move the amending of
regulations to provide a more streamlined process for binding site plans to
medium priority. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Councilmember Duclos Yes
Mo#ion carried 7-0.
Motion: Councilmember Celski moved approval of the 2013 Planning Commission
Work Program with the following modifications — add structures allowed in the
setback (federal Way Revised Code 19.125.160) as a medium priority, and move
the adoption of a specific zoning district for mobile/manufactured home parks to
high priority, and move the amendment of regulations to provide a more
streamlined process for binding site plans to medium priority on Exhibit 6.1.
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Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Counoilmember Duclos Yes
Motion carried 7-0.
8. ORDINANGES
First Reading:
a. CB# 622 Speed Limit Revisions
An Ordinance of the City of Federal Way, Washington, Relating to Speed Limits;
Amending Federal Way Revised Code 8.30.040
City Traffic Engineer Rick Perez stated two citizen requests to modify existing
speed limits have been received this year; one for the Westway neighborhood and
one for S. 356'h Street from 1 S` Ave. S. to SR 99 Mr. Perez reviewed RCW
46.61.415 which governs the setting of speed limits by local agencies.
Westwav speed limit modification request: The current speed limit in Westway is
25 mph. The request received is to lower the speed limit to 20 mph. The density of
driveways and homes in Westway supports the request and staff is recommending
lowering the speed limit.
S. 356th Street from 1 St Ave. S. to SR 99 speed limit modification request:
The posted speed limits are 35 mph through this roadway segment and to the
East, and 40 mph to the West of 1 St Ave. S. The request received was to increase
the speed limit to 40 mph. Staff is recommending not increasing the speed limit
due to the narrow shoulder segments combined with pedestrian usage.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved to approve the ordinance and forward
it to the May 7, 2013 City Council Meeting for second reading and enactmen�
Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember'Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Nob1e-Gulliford Yes
Councilmember Duclos Yes
Motion carried 7-0.
b. CB# 623 Amending FWRC Title 6"Public Safetv and Welfare"
An Ordinance of the City of Federal Way, Washington, Relating to Criminal Law Update;
Creating a New Section in Chapter 6.50 FWRC "Public Officers," amending FWRC
6.50.020 "Public Office Defined," amending FWRC 6.10.030, "Statutes Adopted" and
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repealing FWRC 6.10.030.
City Attorney Pat Richardson stated this item was a housekeeping issue. Chapters
9A.80 and 42.20 of the Revised Code of Washington set forth nine misdemeanors
that have not been incorporated into the Federal Way Revised Code (FWRC).
Staff is proposing to add chapter 6.50 to the FWRC to incorporate these items by
reference. On December 4, 2012 the Council adopted Ordinance 12-732 which
created FWRC 6.10.035 prohibiting the use of marijuana in public. State law has
now been updated relating to this matter. Staff is recommending repealing FWRC
6.10.035 and FWRC 6.10.030 be amended to adopt the state law.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Honda moved to approve the ordinance and
forward it to the May 7, 2013 City Council Meeting for second reading and
enactment. Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Bucbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Councilmember Duclos Yes
Motion carried 7-0.
9. COUNCIL REPORTS
Councilmember Duclos attended a Regional Policy Committee meeting where they had a
presentation on the EMS Levy which was unanimously passed on to King County to be
included on the November Ballot. She would like the Council to review and take a position on
this item. They also adopted the 5th Annual Report of the Mental Health and Chemical
Dependency Services. She attended the SCA Policy Issues Committee meeting, agenda
items included a discussion on the King County Parks and Levy issue, members voted to
support the basic levy for the August 6'h Primary Ballot. She feels the Council should take a
position on this matter. At the April 12th Metropolitan Solid Waste Management Action
Committee meeting the discussion focused on how Bellevue's rejection of the new Interlocal
agreement would affect other jurisdictions that have signed the agreement. Tomorrow she will
attend the SCA Board meeting. The next Finance, Economic Development, and Regional
Affairs Council Committee meeting is April 23�a
'Councilmember Noble-Gulliford reported she attended the salmon release at the West
Hylebos Park. She feels this is a wonderful an educational program that focuses on protecting
s�lmon as well as ground-water. She also attended the annual fundraiser tea and awards
luncheon for the Soroptimist organization. Their goal is to make a difference for women, which
they have been doing since 1921. On April 18th she will be at Sequoia Middle School to judge
$cn graders American History Projects. Earth Day is April 20t"� she encouraged community
rnembers to volunteer to help clean up City parks.
Councilmember Celski reported the next Land Use Transportation Council Committee
meeting is May 6th. He attended the Helen Keller Basketball Challenge, which was a very fun
event. He thanked the Lions for putting on such a great event. He will be attending the
EarthCorps clean-up event this weekend at the Hylebos.
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Councilmember Burbidge reported last week a subcommittee of the Lodging Tax Advisory
Committee reviewed the Tourism Enhancement Grant applications. The applications will go
through Council Committee review and then to the full Council for approval. She attended a
meeting of the South County Area Transportation Board where discussion items included road
tolling as revenue source. She would like the Land Use Transportation Council Committee to
discuss this topic. They also received a presentation on the King County Metro's need for
funding and possible cuts in transit services provided no additional funding is identified. She
extended her thanks to those who will be participating in this weekend's Earth Day events.
Deputy Mayor Ferrell reported he attended the Helen Keller Basketball Challenge with his 5-
year old son. He thanked the Lions for their efforts with this event.
Counci�member Honda reparted the deadline to submit entries for the Municipal Court art
contest is April 19�h. The contest is open to students in 1 S� through 12�h grade. Entries should
be dropped off at the Federal Way Community Center. Additional information can be found on
the City's webpage. The Arts Commission is working on an event titled Blue Poppy Day—Art
in Bloom. It will be held May 18th from 10:00 a.m. until 4:00 p.m. at the Rhododendron Species
Botanical Garden. Earth Day is April 20th; volunteers can assist with projects in parks
throughout the City. Park Pals will also be having a work party at French Lake Dog Park on
April 20th. She noted the City posts recruitments for Commission and Committee vacancies on
City's webpage.
Councilmember Maloney also attended the Helen Keller Basketball Challenge. She expressed
her gratitude #o the Lions Club for sponsoring this event. She attended the Westway soccer
fieid grand opening. She noted that Mooyah Burgers had its grand opening event and she is
pleased a new business has come to Federal Way. Last night she attended the Advancing
Leadership Youth graduation event.
10. MAYORS REPORT
Mayor Priest reported the Senate passed the metal theft bill #his evening.
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 9:45 p.m.
Attest:
arol McNeilly, CMC, ity Clerk
Approved by Council: May 7, 2013
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