Council MIN 11-19-2013 RegularCITY OF
. Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
November 19, 2013
7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:03 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
Deputy Mayor Ferrell led the Pledge of Allegiance.
3. PRESENTATIONS
a. Update on Holiday Tree Lighting Event
Arts Commission Chair Cat Mason reported the Commission has been working with the
Commons Mall for this year's Holiday Tree Lighting Event. The event will take place at the
mall on December 7th. The mall will host a Santa Social from 2 -4 pm. Activities associated
with the tree lighting will take place from 4 -5 pm and the tree lighting will occur at 5 pm.
b. Birth to Three Program
Maryanne Barnes, Executive Director of the non - profit shared information on the services
provided by the Birth to Three Program. Their mission is to provide high quality
comprehensive early intervention services for infants, toddlers and their families. In 2012
they served 635 families - 288 were from the Federal Way School District and 231 lived in
Federal Way. So far this year they have served 660 families. Ms. Barnes shared a letter
from a family who received support from their program.
c. Sound Transit: Next Steps of Federal Way Link Extension and Long -Range Plan
Sound Transit representative Chelsea Levy stated the Long -Range Plan was last updated
in 2005. The Plan affirms current projects, and identifies new projects; policies and
programs. There are currently 400 projects included in the Plan. Sound Transit is
developing a Supplemental Environmental Impact Statement (SEIS) which will be
available in draft form in winter /spring 2014. The final SEIS will be available in fall 2014.
They are currently in the scoping period which will conclude on November 25th. Comments
can be provided by contacting Sound Transit via telephone or on their website.
City Council Minutes — November 19, 2013 Regular Meeting Page 7 of 8
Sound Transit representative Cathal Ridge reviewed the Link Extension alternatives
analysis and project schedule which Sound Transit has been working on over the past
year. Mr. Ridge recapped the presentation /information provided to Council in June. The
Environmental Impact Statement (EIS) scoping has been conducted (from June 14th —July
17t ") which included public meetings. Mr. Ridge summarized the comments received from
the public as well as local jurisdictions on the EIS scoping. Based on the comments
received, modifications were made to the alignment of the Link Extension. They will be
looking at alignments along 1 -5 with a design option which may move into the median near
the Midway Landfill; along SR 99 with potential design options along 30th or on the
East/West side of SR 99; a potential alignment that runs from 1 -5 along Kent Des Moines
Road and transitions to SIR 99 further South or starts on SR 99 along Kent Des Moines
Road and transitions to 1 -5 further South. Station locations will also be reviewed as part of
the draft EIS tol be published in 2014.
d. Mayor's Emerging Issues
There were no emerging issues.
4. CITIZEN COMMENT
Darcy Borg, a teacher at Camelot Elementary, shared her experience with the community
garden at Camelot and spoke in support of Council approving agenda item 8.c.
Emily Adams, a student at Camelot Elementary School shared her experience with the
Camelot School garden and spoke in support of agenda item 8.c.
Lilly Malloy, a student at Camelot Elementary School spoke to the importance of community
gardens and growing healthy food. She spoke in support of agenda item 8.c.
Becca Mererdith with Forterra, spoke in support of agenda item 8.c.
Kim'Lappala works for a non- profit agency that places adults with disabilities in the workforce.
The agency has partnered with the City of Seattle and she inquired if Federal Way was
interested in a similar partnership.
5. CONSENT AGENDA
Items listed below have been previously reviewed in theirentirety by a Council Committee of three members and
brought before full Council for approval, all items are enacted by one motion. Individual items maybe removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: November 5, 2013 Special and Regular Meetings
b. Resolution: Setting a Public Hearing Date for a Street Vacation of a Portion of South 337th
Street - Resolution 13 -651
c. 2014 Right -of -Way Landscape Maintenance - Bid Award
d. 2013 -15 Commute Trip Reduction Program Implementation Agreement with King County
e. 2013 -14 Emergency Management Performance Grant Award
f. Washington Traffic Safety Commission (WTSC) Grant for Overtime Funded DUI Patrols
g. Washington Traffic Safety Commission (WTSC) Grant for Overtime Funded DUI and
Seatbelt Patrols
Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through
5.g. Councilmember Duclos second.
City Council Minutes — November 19, 2013 Regular Meeting Page 2 of 8
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble- Gulliford
Yes
Councilmember Duclos
Yes
The motion carried 7 -0.
Yes
6. PUBLIC HEARING
a. 2013 -14 Biennial Budget Adjustment / Property Tax Rate
Mayor Priest noted this was the second public hearing on the 2013 -14 Biennial Budget
Adjustment and Property Tax rate. He reviewed the procedure for the Public Hearing and
noted two hearings must be conducted on this item in accordance with RCW 35A.34.110
and 35A.34.120. Mayor Priest declared the public hearing open at 7:47 pm.
Staff Presentation: Interim finance Director Bob Noland reviewed the changes made to
the 2013 -14 Biennial Budget Adjustment which includes funding for the branding initiative
and a correction in the Debt Service fund.
The proposed 2014 Property Tax Rate is $1.400 per $1,000 assessed value. This is a
decrease of $0.02 from the 2013 rate. The total assessed value is $7.33B, which is an
increase from the 2013 amount of $7.14B.
Public Comment: No public comment was provided.
Council Discussion /Deliberation: Councilmembers asked clarifying questions of Mr.
Noland regarding the previous years' property tax rates.
Motion: Councilmember Duclos moved to close the public hearing. 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
The motion carried 7 -0
7. COUNCIL BUSINESS
a. Lodging Tax Advisory Committee Appointments
Motion: Councilmember Burbidge moved to re- appoint Kala Jones, Mike'Dunwiddie
and Ryan Miller to the Lodging Tax Advisory Committee for two -year terms expiring
October 31, 2015. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
City Council Minutes — November 19, 2013 Regular Meeting Page 3 of 8
Councilmember Noble - Gulliford
Councilmember Duclos
The motion carried 7 -0.
b. Appointment of Hearing Examiner
Yes
Yes
Assistant City Attorney Peter Beckwith stated in accordance with FWRC 2.95.020 the City
Council shall appoint a hearing examiner. He reviewed the role and types of hearings the
Hearing Examiner conducts. The City issued a RFP for hearing examiner services and
received responses from: Phil Olbrechts - the City's current Hearing Examiner; Sound Law
and Gary McLean. Staff is recommending re- appointing Phil Olbrechts with Olbrechts and
Associates as the City's Hearing Examiner and appointing Sound Law and Gary McLean
as alternate examiners.
Motion: Deputy Mayor Ferrell moved to reappoint Phil Olbrechts as the Hearing
Examiner and appoint Sound Law Center and Gary McLean as alternate hearing
examiners. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember rBurbidge
Yes
Councilmember Celski
Yes
Councilmember Noble- Gulliford
Yes
Councilmember Duclos
Yes
The motion carried 7 -0
c. Resolution: Establishinq a Protocol for Private Development of City Property
City Attorney Pat Richardson stated the criteria for development are as follows:
development for the public's benefit; no adverse impacts to the community and
unreasonable risk to the City. Applications would be submitted to the Mayor's Office and
would identify the concept for development; funding source; ongoing maintenance and
operations; and potential risk to the City and mitigation measures. Applications would be
reviewed by a Council Committee in a public meeting and then by the full Council. Design
review of the development would occur at 30 %, 85 %, and 100% of the project.
The Council discussed the intent of the language in the proposed resolution in regards to
the Committee forwarding /not forwarding a development proposal to full Council without a
recommendation and the options for placing items on Council Meeting agendas.
To allow staff time to revise the language in the proposed resolution, Mayor Priest
suggested the Council revisit this item after agenda item 8.d.
8. ORDINANCES
First Reading
a. CB# 634 2013 -14 Mid - Biennial Budget Adjustment
An Ordinance of the City Council of the City of Federal Way, Washington, relating to the
Budgets and Finance revising the 2013 -14 Biennial Budget
A presentation was provided on the 2013 -14 Mid - Biennial Budget Adjustment
earlier in the meeting as part of the Public Hearing — item 6.
City Clerk McNeilly read the ordinance title into the record.
City Council Minutes — November 19, 2013 Regular Meeting Page 4 of 8
Motion: Councilmember Duclos moved to forward the ordinance to the
December 3, 2013 City Council meeting for second reading and enactment.
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
The motion carried 7 -0.
b. CB# 635 2014 Property Tax Rate
An Ordinance of the City Council of the City of Federal Way, Washington, fixing the
Property Tax amount for the year of 2014
Interim Finance Director Bob Noland provided information on the 2014 Property
Tax Rate earlier in the meeting as part of the Public Hearing — item 6.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Duclos moved to forward the ordinance to the
December 3, 2013 City Council meeting for second reading and enactment.
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
The motion carried 7 -0
c. C'B# 636 Urban Agriculture Code Amendment
An Ordinance of the City of Federal Way, Washington, relating to urban agriculture;
amending FWRC 19.05.010, 19.05.030, 19.05.060, 19.05.160, 19.05.210, 19.140.120,
and adding new sections to FWRC chapters 19.195, 19.200, 19.205, 19.210, 19.215,
19.220, 19.225, 19.230, 19.235, 19.240, and adding a new chapter to FWRC Division Vll
"Supplemental Zoning Regulations"
Senior Planner Janet Shull provided background information on this item which
was reviewed by the Planning Commission as well and the Land Use and
Transportation Council Committee. The proposed amendments to the Federal
Way Revised Code would provide new definitions for various types of urban
agricultural uses, amend existing sign tables, amend existing SE use zone charts;
add new use zone charts for each existing zone; and add a new chapterin
Division VII Supplemental Zoning Regulations.
City Clerk McNeilly read the ordinance title into the record.
City Council Minutes — November 19, 2013 Regular Meeting Page 5 of 8
Motion: Councilmember Celski moved to forward the ordinance to the
December 3, 2013 City Council Meeting for second reading and enactment.
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
The motion carried 7 -0
Yes
d. CB# 637 Code Update to Incorporate State Law
An Ordinance of the City of Federal Way, Washington, relating to failure to register as a
Sex Offender or Kidnapping Offender, amending FWRC 6.75. 010
City Attorney Pat Richardson stated this was a housekeeping item to incorporate
state law. The state legislature modified a section of state law the City has
previously incorporated. This ordinance would incorporate state law to make it a
misdemeanor for failure to register as a sex offender or kidnapping offender.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Honda moved to forward the ordinance to the
December 3, 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
The motion carried 7 -0
Continued Discussion 7.c. Resolution: Establishing a Protocol for Private Development of City Property
The Council continued their discussion on this item from earlier in the meeting.
Councilmember Noble Gulliford inquired if public notice will be provided prior to
development. If development permits will be required. if development would be
compatible with designated zoning, and asked about the responsibility of the
maintenance and operations costs associated with the development.
City Attorney Richardson stated public notice would be required as the item would
be published on meeting agendas; development permits would be required if
applicable; zoning requirements would need to be met and maintenance and
operation costs are to be addressed in the application submitted to the Mayor's
Office.
Motion: Councilmember Honda moved approval of the resolution with
the following modification to section 5 — "The Parks, Recreation and
City Council Minutes — November 19, 2013 Regular Meeting Page 6 of 8
Human Services Council Committee will review the request in a public
meeting. Upon review of the proposal, the PRHSPS Council Committee
shall forward the proposal to the full Council. The PRHSPS Council
Committee may ask the developer to provide more information."
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
The motion carried 7 -0 Resolution 13 -652
9. COUNCIL REPORTS
Deputy 'Mayor Ferrell reported he attended King County Councilmember Pete von
Reichbauer's Good Eggs Breakfast where the Secretary of Transportation led a discussion on
the Transportation Package in the Legislature. He attended the Farmers Market and will be
attending the upcoming SCA dinner and annual meeting.
Councilmember Honda thanked King County Councilmember Pete von Reichbauer for adding
funding to study parking issues at the King County Aquatic Center. Metro Transit is hosting a
meeting < tomorrow at the Federal Way Community Center that will focus on proposed transit
cuts. The Rosebud Children's Theatre has an upcoming performance at Thomas Jefferson
High School. She attended the NLC Conference where she took part in workshops on
economic development.
Councilmember Maloney thanked Councilmember Noble- Gulliford for her service and time on
the Council and noted she will be missed. She attended the Veterans Day Celebration event
on November 11th and thanked those involved in the event.
Councilmember Burbidge reported tomorrow is the next meeting of the LTAC. Last week she
attended the NLC Conference; the SCA Public Issues Committee meeting and a meeting of
the South County Area Transportation Board. The Rally for the Arts' Performance will be held
November 23`d at 2 pm at Saghalie Middle School
Councilmember Celski provided a report on the November 11th Veterans Day Event
sponsored by the Federal Way Historical Society as well as the Kiwanis. He also reported
FUSION opened their 17th home which will house a mother and five children.
Councilmember Noble - Gulliford extended her thanks to those who attended the Veterans Day
Event. She encouraged the public to attend the Metro Transit public meeting tomorrow as they
will be discussing potential cuts which may affect Federal Way. She congratulated Martin
Moore on winning the election for Council position 6.
Councilmember Duclos left at 8:36 pm prior to her report.
10. MAYORS REPORT
Mayor Priest thanked Councilmember Noble- Gulliford for her time on the Council.
City Council Minutes — November 19, 2013 Regular Meeting Page 7 of 8
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 8:48 p.m.
Attest:
(14� n 0 # I
Carol McNeilly, CIVIC, City berk .
Approved by Council: December 3, 2013
City Council Minutes — November 19, 2013 Regular Meeting Page 8 of 8