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Council MIN 07-02-2013 Regular❑TY OF ,'�..r Federa� Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall J u ly 2, 2013 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 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. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the Pledge of Allegiance. As public facilities cannot be used for campaign purposes, City Attorney Richardson reviewed the guidelines regarding campaigns and ballot propositions as provided by the Public Disclosure Commission. Motion: Councilmember Honda moved to amend the agenda to add under Presentations the AWC Award. Deputy Mayor Ferrell 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. 3. PRESENTATIONS a. Mavor's Emerqinq Issues Pro / Con Committee Members Deputy Mayor Ferrell noted the Council has placed a ballot proposition on the November 2013 election concerning dates of elections for citizen initiatives. A press release seeking City Council Minutes — July 2, 2013 Regular Meeting Page 1 of 6 volunteers to participate in writing the pro and con statements for the voter's pamphlet was issued. So far no volunteers have expressed interest in participating. The deadline to apply is July 8'h. Deputy Mayor Ferrell encouraged citizens who are interested in participating to submit their name and contact information to the City Clerk by the July 8th deadline. At their July 16`n meeting, the Council will appoint three volunteers to serve on the pro committee; and three volunteers to serve on the con committee. If committees are not formed, the City Clerk will notify King County Elections and they may attempt to appoint committee members. Leqislative Update Mayor Priest announced the Legislature completed work on the State Budget. This was a productive session for the City, the Performing Arts and Conference Center was awarded $2M. HB 1253 passed which preserves cities abilities to invest local Lodging Tax Revenues in events that generate tourism and boost the local economy — additionally, the issue of Liquor Excise Taxes is another item that the City was concerned with. In 2012, the Legislature suspended the Liquor Excise Revenues sharing with cities, costing the City $450K on an annual basis. The Legislature restored approximately half of the revenues. The City will continue to work with other jurisdictions in future legislative sessions to fully restore this revenue. The Metal Theft Prevention Legislation passed which increases penalties forthieves and provides police with tools such as forfeiture and seizure for property used in commission of inetal theft and distribution. Funding to implement a statewide licensing and database related to metal theft was not approved. The House passed a Transportation Revenue Package that would have included $87M for the City's Triangle Project. However, the Senate did not vote on the package, there may be a special session in September or December to pass a transportation revenue package. $1.75M was funded for Lakehaven Utility Districts Critical Capacity project. City staff has been working with Lakehaven on this issue and will continue to do so. Mayor Priest extended his thanks to the Deputy Mayor and Councilmembers for their lobbying efforts throughout the session. He also thanked the 30�' District Legislative Team; Senator Tracy Eide, and Representatives Roger Freeman and Linda Kochmar. Fireworks and Public Safetv Police Chief Brian Wilson reviewed planning effarts to ensure safety forthis year's Red, White and Blues Festival and enforcement of the City's fireworks ban. The Police Department has identified and created specific plans for Celebration Park, Steel Lake Park and city-wide enforcement of the fireworks ban to occur from June 28 through July 7. Chief Wilson reiterated that fireworks are illegal in the City and reviewed fireworks restrictions in neighboring communities. The Chief provided a map depicting Federal Way as being bordered by jurisdictions in which fireworks are legal. However, in Federal Way, fireworks violations will be enforced as one of three types of civil infractions. Chief Wilson provided clarification on the three violations and penalties associated with each. Although enforcement is difficult it is possible and will be accomplished through teams of officers dedicated to locating fireworks violations/problem areas, and responding to complaints. Chief Wilson advised citizens to report violations by calling 9-1-1 or the non-emergency Valley Communications [police dispatch] line at 253-852-2121. Enhanced camera systems have been installed at Celebration Park as part of the Safe City Program. Chief Wilson identified and thanked partner agencies, city departments and volunteers for their efforts to coordinate a safe, fun Red White and Blues festival for the community. Media releases have been issued addressing the importance of compliance with Federal Way's fireworks ban. In response to a Council inquiry, Chief Wilson confirmed the cameras will be a permanent installation at Celebration Park. He further remarked his goal is ensuring safety and getting information to his officers as quickly as possible. City Council Minutes — July 2, 2013 Regular Meeting Page 2 of 6 AWC Award — added item Councilmember Honda reported she and Councilmember Noble-Gulliford attended the AWC Conference in Kennewick last week. She provided a recap of the sessions she attended. At the conference Mayor Priest was awarded the Lights on After School Award. Mayor Priest stated that as a legislator, he was able to work on funding after school programs for students. 4. CITIZEN COMMENT Representative Roqer Freeman thanked the Mayor and Council for their lobbying efforts in Olympia. He encouraged them to continue communicating their need to the Legislature. Recently he encountered a woman at a bus shelter in Federal Way. He called 911 in an effort to get her some resource information. He noted individuals in the City are in need of human services. Deputy Mayor Ferrell noted that DAWN provides sheltering and other services to the City. Norma Blanchard spoke in opposition of developing a Performing Arts and Conference Center. She would like to see this issue put to the voters of Federal Way. Bettv Tavlor would like to see the Council conduct public forums where citizens can express their concerns and get their questions answered. The 3-minute public comment periods at Council Meeting are not sufficient. Michael Batchelor lives behind Wild Waves and stated traffic in that area is challenging every weekend and parking overflows into the neighborhoods. He does not feel the police have been responsive to these issues. He asked the Council to help residents in surrounding neighborhoods. Chief Wilson stated Wild Waves hosted a reduced rate access to their park last weekend which far exceeded anticipated turnout. The Police Department brought in additional staff to manage traffic flow and the impact to neighborhoods. They worked throughout the weekend to help accommodate high traffic volumes. Wild Waves staff has been responsive in working with the City and residents to address problems in surrounding neighborhoods. Police issued 29 citations to vehicles in surrounding neighborhoods. Deputy Mayor Ferrell asked why the traffic signal was disabled at 348th during this high-traffic period. Chief Wilson stated it was disabled because drivers were not complying with the signal and this gave officers better control of the intersection. Councilmember Honda noted it is important to preserve the quality of life for residents in their neighborhoods. 5. CONSENT AGENDA Items listed below have been previously reviewed in theirentirety by a Council Committee ofthree members and brought before full Council for approval,� all items are enacted by one motion. Individual items may be ►�moved by a Councilmember for separate discussion and subsequent motion. a. Minutes: June 18, 2013 Regular Meeting b. Vouchers c. Monthly Financial Report d. Federal Way Community Center Diving Board Replacement with Capital Reserve Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through 5.d. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes City Council Minutes — July 2, 2013 Regular Meeting Page 3 of 6 Councilmember Celski Yes Councilmember Noble-Gulliford Yes Councilmember Duclos Yes Motion carried 7-0. 6. COUNCIL BUSINESS a. Kitts Corner Multifamilv Rezone Request Mayor Priest reviewed the format for addressing this item. He asked if any member of the audience objected to any Councilmembers participating in this matter. Hearing no objections; he asked if any of the Councilmembers had an interest in this property or issue; stood to gain or lose any financial benefit as a result of the outcome of this item; if they were able to consider this item in a fair and objective manor; and if they had participated in any communication outside of this meeting with opponents or proponents on the issue. No conflicts or outside communication were disclosed by the Council. Staff Presentation: Principal Planner Margaret Clark stated the policy question before the Council is whether they should adopt the Hearing Examiner's recommendation and approve the quasi-judicial project-related rezone request. Ms. Clark reviewed the procedural timeline for this request and provided background information for this 46-acre property located south of S. 336th Street and west of Pacific Highway South. The Hearing Examiner conducted a public hearing and issued a recommendation to approVe the rezone request with the conditions outlined in Exhibit B of the draft resolution in the agenda packet. The applicant, DevCo Inc. has changed the project proposal from townhouses to apartments and is requesting to change the designation of Road A from public to private. DevCo Inc. representative Jack Hunder stated he supported the rezone request and was available to answer any questions the Council may have. Councilmember Celski inquired if a stoplight would be required where Road A exits the development. Deputy Public Works Director Ken Miller responded Road A would not have a traffic signal added. Councilmember Noble-Gulliford asked it the 2009 Surface Water Standards were the most current. Mr. Miller responded that the 2009 Surface Water Manual is the most current adopted manual and the 2013 Surface Water Standards have not been released yet. Public Comment: No public comment was provided. Executive Session — Potential Litigation Pursuant to RCW 42.30.110(1)(i): The Council did not adjourn to Executive Session. Council Action: Resolution of Intent to Rezone Motion: Councilmember Celski moved approval of the resolution of intent to rezone as presented. 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. Resolution 13-641. City Council Minutes — July 2, 2013 Regular Meeting Page 4 of 6 7. ORDINANCES Second Reading: a. CB #626 Renewal of Steel Lake Manaqement District No. 1 An ordinance of the City of Federal Way, Washington, renewing the Lake Management District Number 1 for Sfeel Lake and setting a public hearing date on the assessment roll for the District At their June 18, 2013 meeting the Council approved the proposed ordinance and forwarded it to this meeting for second reading and enactment. Motion: Councilmember Celski moved approval and enactment of the ordinance. Councilmember Burbidge 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. Ordinance 13-744. 8. COUNCIL REPORTS Councilmember Maloney responded to Betty Taylor's public comments. She would like the Council to consider Ms. Taylor's recommendation and conduct meetings where the public has an opportunity to provide input to the Council. Councilmember Honda thanked the 30th District Legislators for their work this session. She reviewed the upcoming City sponsored concert series at Steel Lake Park. Deputy Mayor Ferrell supports the idea of the Council conducting Town Hall Meetings as a way to reach out to the public. He encouraged individuals to attend the upcoming Red, White and Blues Festival at Celebration Park. Councilmember Burbidge stated the next Lodging Tax Advisory Committee meeting is July 24�h. She recently attended two performances at the Knutzen Family Theatre. She is looking forward to this year's Red, White and Blues Festival. Councilmember Celski inquired if next week's Police Community meeting at the Waterbury Apartment Complex was still scheduled. Chief Wilson confirmed it was occurring and is part of a series of "Chiefs Call" community meetings being conducted. Councilmember Celski recently had the opportunity to tour the SCORE Jail facility. Councilmember Noble-Gulliford stated the AWC Conference she attended was a great learning experience. She noted the City of Tacoma includes public art as part of their Economic Development Program. She would like the City to explore this option. She would like to see the Council address parking issues in the community and help the residents. Councilmember Duclos reported on the Regional Policy Council meeting where they received City Council Minutes — July 2, 2013 Regular Meeting Page S of 6 a presentation on the Enhanced 911 system. They aiso reviewed the budget and potential sequestration impacts regarding the local and regional economy and the Seattle and Tacoma Ports. Siting efforts for the South County Transfer Station continue; the Auburn site has raised a lot of concerns from citizens. Site selection is estimated to occur in mid-2014. Both the Algona and Factoria Transfer Stations are no longer meeting service levels. The County has designated a replacement station and wants to begin the RFP process for construction. 9. MAYOR'S REPORT Mayor Priest had no report. 10. ADJOURNMENT Mayor Priest adjourned the meeting at 8:41 p.m. Attest: arol McNeilly, CMC, ity Clerk Approved by Council: July 16, 2013 City Council Minutes — July 2, 2013 Regular Meeting Page 6 of 6