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Council MIN 10-01-2013 RegularCITY OF . Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 1, 2013 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:02 p.m. City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Susan Honda, Councilmember Kelly Maloney, 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. 3. PRESENTATIONS a. Proclamation: Domestic Violence Awareness Month Deputy Mayor Ferrell reported the City has been a leader in legislation involving domestic violence and is committed to protecting all our citizens. Domestic Violence transcends all walks of life, adversely affects adult and children residents, entire families, businesses and other organizations. Statistics show that one in four women and one in thirteen men will experience domestic violence in their lifetime. Deputy Mayor Ferrell read the Proclamation into the record and presented it to Valley Cities representative Theron Morgan, Janet Chase, from the Domestic Violence Impact Panel, Police Chief Brian Wilson and the City's Domestic Violence Prosecutor Pauline Freund. The representatives spoke to the importance of bringing this issue to light and thanked the Council for the Proclamation. b. Mayor's Emerging Issues Devco Proposed Development at 320': Mayor Priest reported Devco has submitted a land use application for the mixed use development called "High Point: at the former Bus Barn property. The project will include 18,840 commercial square footage and 308 multifamily housing units. The developer is vested to the regulations in effect today. The City cannot stop the proposed development by retroactively changing the zoning regulations. The City did not Council Minutes — October 1, 2013 Regular Meeting Page I of 7 learn of the developer's intent to construct "low to moderate income" apartments until after submitting a complete land use application. The Mayor, along with Community and Economic Development Director Patrick Doherty met with Devco and shared the City's disappointment that the housing would be all low /moderate income and not mixed income levels and that they informed the City so late in the process. We learned that most developers do not usually meet with the jurisdiction and tell of the intent to apply to the Housing Finance Commission. Devco indicated their application is targeted at sixty percent of the average median income for King County. Devco has requested a letter from the City indicating that the project is consistent with the City's CDBG Consolidated Plan, a requirement for financing. The City has no legal obligation to provide the letter. In addition to the High Point project, Devco has been approved to develop the former S.T. site south of S. 356th Street and west of 16th Ave S. This project is called "Park 16" and proposes 293 low income apartments at an estimated valuation of $42,523,307. Devco has indicated their intent to seek financing via the Housing Finance Commission for this project as well. Staff contacted the Housing Finance Commission to discuss the impact of Devco's projects to the City and the efforts to redevelop the downtown. We learned that the Housing Finance Commission's process for funding is competitive and that it holds a separate Public Hearing for each project seeking funding. The City will receive notice of the Public Hearings for projects within the City that are being considered. Participation in the hearing can be via testimony as well as written comments. The City intends to submit a letter to the Housing Finance Commission describing in more detail the City's Comprehensive Plan policies, the City's efforts for redevelopment of the downtown, and the cumulative effect of the recent proposals. Citizens as well as the City can participate in the Public Hearing either by testifying or by submitting written comments. When the City receives notice of the Public Hearing, staff will issue a press release for the newspaper, post it on the City's web site, and send notice to our e- subscribers of the date, time and location of the hearing. Holiday Tree Lighting Ceremony: At their September 17, 2013 meeting the Council discussed possible locations for the Holiday Tree Lighting Ceremony and directed staff to contact the Commons Mall to discuss the option of holding the event there. Parks and Public Works Director Cary Roe recapped the discussions that occurred at a meeting with representatives from the Commons Mall. They are open to conducting the event at the Mail. The tree lighting will occur outside of the Mall and they may coordinate the tree lighting with some of the Mall's holiday events. The preliminary date for the event is December 7, 2013. Staff has scheduled a planning and logistics meeting for October 7, 2013 and will provide more details as they are finalized. Annual Chili Cook -Off: Last Saturday the Annual Chili -Cook off between the Police Department and the South King Fire District occurred at the Federal Way Farmers Market. This year the Police defeated the Fire District. Police Chief Wilson stated this year's event benefited Communities in Schools. There was a great turnout at the event, and people were in great spirits despite the rainy weather. Councilmember Honda expressed her thanks to the Farmers Market Board for their assistance in making this event happen. Mayor's Day of Concern for the Hungry: Occurred September 28, 2013 and had over 30 volunteers collecting food for the homeless at five grocery stores within the City. Over 2,500 pounds of food was collected, these items go directly to the local food bank. Mayor Priest thanked staff for their efforts organizing this event as well as the volunteers who participated. Council Minutes — October 1, 2013 Regular Meeting Page 2 of 7 Investigation by State Patrol: Mayor Priest commented on an event that has been in today's media. He reported Police Chief Wilson has requested the WA State Patrol to conduct an investigation on the Mayor's actions of removing some of his campaign signs for the City's "Sign Jail ". The Mayor will be working with the State Patrol during this investigation. Finance Director Tho Kraus: Mayor Priest announced Finance Director Tho Kraus will be leaving the City to take a position as the Assistant City Manager with the City of Lakewood. There will be a thank you event for Ms. Kraus on October 4, 2013 4. CITIZEN COMMENT Lonnie Wall, a Charwood Mobile Home Park resident, spoke regarding the sense of community experienced in his and other Mobile Home Parks. He urged the Council to pursue a zoning change to protect the number of mobile homes and their occupants within the City. Ishbel Dickens Executive Director of the National Manufactured Home Association, asked the Council to preserve the 800 affordable mobile /manufactured homes within the City by adopting Mobile Home Park zoning regulations. She shared an AARP report that supports manufactured home zoning as well as research by a doctor at Oregon State University on Relocation Stress Syndrome and how it affect older adults who have to relocate their homes. Iris Stripling spoke on behalf of Parkwood Lane Manufactured Home Park residents. She invited Council to visit their community and asked them to support zoning for Mobile Home Parks. Norma Blanchard asked why a point -of -order was not issued on Mayor Priest's comments regarding the WA State Patrol investigation. She commented on a September 27th article in the Federal Way Mirror on the City's Rebranding Initiative which sates the City will be working with the community via focus groups, surveys and more. She would much rather see the community have a chance to vote on whether or not to develop a PACC. Betty Taylor believes citizens should be able to speak whatever is on their minds during the public comment. She read about the recent WA State Patrol investigation and she returned the Office Depot gift card that was presented to her by the Mayor. Joann Piauette, with the Federal Way Coalition of the Performing Arts provided a reported on the Coalition's activities relating to the proposed PACC. The grant writing committee hosted an informational event for the business community on September 1 9th where Community and Economic Development Director Patrick Doherty gave a presentation on the project. Several individuals signed up for the fundraising campaign. A similar presentation was provided to the Rotary Club and there is an upcoming presentation at the Noon Kiwanis meeting. The Coalition is planning a concert/fundraising event to be held on November 23, 2013 at Saghalie Middle School. S. 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: September 17, 2013 Special and Regular Meetings b. Vouchers c. Monthly Financial Report Council Minutes — October 1, 2013 Regular Meeting Page 3 of 7 0 d. Resolution: Adopting Interlocal Agreement with AWC Creating a Self- Funded Health Care Program and Acknowledge Premiums that May be Required. Resolution 13 -647 e. 2014 CDBG Community Economic Revitalization Funding Awards f. WA State Department of Enterprise Services Master Contract Usage Agreement Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through 5.f. 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. COUNCIL BUSINESS a. Planning Commission Appointment Motion: Councilmember Celski moved to re- appoint Lawson Bronson to the Planning Commission with a term expiring September 30, 2017. 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. Resolution: Amendina Section 7.2 of the Code of Ethics to Establish Qualifications and Provide for Removal At their September 17, 2013 meeting, Council directed staff to modify the membership requirements and establish a removal process for the Ethics Board. City Attorney Pat Richardson reviewed the proposed Resolution which will amend the membership requirements stating Board members shall reside in the City, and to the extent possible have experiences or a background in ethics. The Resolution also establishes a process for removal of Board members, similar to the process outlined for other volunteer Boards /Commissions. Motion: Councilmember Honda moved approval of the Resolution amending section 7.2 of the Code of Ethics establishing qualifications for Ethics Board members and providing for removal. Councilmember Maloney second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Council Minutes — October 1, 2013 Regular Meeting Page 4 of 7 Councilmember Noble - Gulliford Yes Councilmember Duclos Yes Motion carried 7 -0. Resolution 13 -648 c. Review of Solid Waste Transfer Station Plan and City Input Mayor Priest noted this item was discussed at the September 24, 2013 Finance, Economic Development and Regional Affairs Council Committee Meeting. The Committee forwarded this item to Council Business as additional information relating to this item became available after a meeting with King County on September 27, 2013. Deputy Public Works Director Ken Miller stated the City has prepared a draft letter to King County expressing concerns about potential changes to the Transfer System Plan, specifically the elimination of a South County Transfer Station. The letter supports construction of a new solid waste transfer station to service South King County, consistent with the "Base" or current Plan; reminds the County that regional service equity must be built into implementation of the Plan and underscores the City's position by stating our willingness to consider rescinding the Amended and Restated Solid Waste Interlocal Agreement. Mr. Miller reviewed some of the impacts of not having a Transfer Station located in South King County. Impacts include increased service costs for our ratepayers, a lack of recycling services for non- curbside items, and a possible increase in illegal dumping. The King County Council received a staff briefing where key issues associated with the new Solid Waste Interlocal Agreement were discussed. It is unlikely the Interlocal signed by the City will be executed this year by King County; most likely there will be an amendment to the current Agreement. Mr. Miller reviewed the timeline and next steps associated with the Solid Waste Interlocal Agreement. Motion: Councilmember Duclos moved approval of providing input on the Regional Solid Waste Transfer Station Plan. Councilmember Celski 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. 7. ORDINANCES First Reading: a. CB# 630 Diversity Commission Residency An Ordinance of the City of Federal Way, Washington, relating to the residency requirement for Diversity Commissioners, amending FWRC 2.65.030. (Amending Ordinance Nos. 92 -141, 93 -203, 96 -283, and 06 -531) At their September 17, 2013 meeting, Council directed staff to modify the residency requirement for the Diversity Commission. City Attorney Pat Richardson reviewed he proposed ordinance, which would be effective Nov. 1, 2013; and amends the membership requirements to require all Commissioners to reside within the City— the ordinance would grandfather in two current members who reside outside the City; and Council Minutes — October 1, 2013 Regular Meeting Page 5 of 7 allow them to fulfill their current term. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Honda moved to approve the ordinance and forward the item to the October 15, 2013 City Council Meeting for second reading and enactment. 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. 8. COUNCIL REPORTS Councilmember Duclos reported as part of the Mayor's Day of Concern she collected donations at Safeway on Saturday, she then attended the Chili Cook -Off at the Federal Way Farmers Market. Councilmember Noble - Gulliford stated she attended both the Chili Cook -Off as well as the Mayor's Day of Concern event. She was pleased to see the generosity of individuals who provided donations to those less fortunate. Councilmember Celski noted the next Land Use, Transportation Council Committee meeting is October 7, 2013. He attended the ribbon cutting event at the newly remodeled King County Library on 320th last weekend along with approximately 500 other people. Tomorrow there is a Safe Streets event sponsored by Forterra at Olympic View Elementary starting at 6:00 p.m. Councilmember Burbidge announced the next Lodging Tax Advisory Committee meeting is October 16, 2013. The Tourism Enhancement Grant Committee's work will be reviewed at that meeting. She attended the ribbon cutting at the 320th King County Library as well as the Chili Cook -Off. On October 7, 2013 the Federal Way Coalition Against Human Trafficking is hosting an event in Des Moines. She thanked Tho Kraus for her great work with the City and wished her luck in her new job. Deputy Mayor Ferrell reported he attended the King County Library ribbon cutting event as well as the Chili Cook -Off. He thanked staff for their efforts and participation with the Mayor's Day of Concern for the Hungry. He wished Tho Kraus good luck in her new position with the City of Lakewood. Councilmember Honda provided information on the Arts Commission for the Juried Arts Contest, as well as information on an upcoming Domestic Violence impact panel. She thanked all of the emergency responders who were called out due to flooded streets recently. The next Parks, Recreation, Human Services, Public Safety Council Committee is October 8, 2013. Councilmember Maloney reported she was out of town last weekend and unable to attend some of the community events that were occurring, however, she did have an opportunity to view the remodeled King County Library. She responded to Norma Blanchard's public Council Minutes — October 1, 2013 Regular Meeting Page 6 of 7 comments regarding the Rebranding Initiative by stating focus groups are important for public input and part of the process. She will be serving spaghetti at the October 5, 2013 Advancing Leadership Dinner. Last night she attended the Chief's Call meeting at City Hall. 9. MAYORS REPORT Mayor Priest did not provide a report. 10. EXECUTIVE SESSION The Council did not adjourn to Executive Session. 11. ADJOURNMENT Mayor Priest adjourned the meeting at 8:03 p.m. Attest: Carol McNeilly, CIVIC, Cit 5rk Approved by Council: October 15, 2013 Council Minutes — October 1, 2013 Regular Meeting Page 7 of 7