Council MIN 12-03-2013 RegularCITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
December 3, 2013
7:00 p.m.
www. cityoffederalway. com
CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:02 p.m.
Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly
Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember
Bob Celski, Councilmember Martin Moore 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.
Motion: Councilmember Burbidge moved to amend the agenda to add a recognition for
Councilmembers Maloney
and Moore after agenda item 3.a. Councilmember Duclos
second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
The motion carried 7 -0.
3. PRESENTATIONS
a. Ceremonial Oaths of Office for Council Positions 2 and 6
Mayor Priest noted under State Law the term of an appointed position expires when King
County certifies the election. The newly elected official serves a "short term" from the date
of the certification until the beginning of the elected term, which is January 1, 2014. City
Clerk McNeilly delivered the oaths of office to Councilmembers Moore and Maloney.
Recognition for Councilmembers Maloney and Moore — Added item
Councilmember Burbidge stated Councilmembers Maloney and Moore are now officially
elected councilmembers. State law provides that they will serve a "short term" until
December 31St. Commencing January 1St they will begin serving their four -year terms.
City Council Minutes — December 3, 2013 Regular Meeting Page I of l l
4.
The Council recessed for cake and punch from 7:07 pm to 7:20 pm.
b. Certificates of Appointment —Lodging Tax Advisory Committee
At their November 19, 2013 meeting the Council re- appointed three members to the
Lodging Tax Advisory Committee. Councilmember Burbidge read the Certificates of
Appointment into the record.
c. Police Department Awards and New Hire Introductions
Police Chief Brian Wilson introduced new Police Officers Charlie Hinckle; William
Lemmon; and R.B. Blackshear. City Clerk McNeilly delivered the ceremonial oath of office
to the Officers.
Chief Wilson presented the following Police Department Awards: Augustin R. Galicia
received the Police Chief's Citizen Commendation Award for assisting police with arresting
a man. Eight- year -old Sydney Remy Chavez received the Police Chief's Citizen Citation
for calling 911 while her mother was having a seizure. Sydney is credited with saving her
mother's life. Lieutenant Kurt Schwan and Officer Matt Novak were presented with the K-
9 recognition awards. Both have lost their K -9 partners to leukemia but during their time
with the City they identified numerous amounts of narcotics and assisted in criminal
captures. Chief Wilson introduced Officer Kyle Buchanan and his 19 -month old K -9
partner Kaiser.
d. Mayor's Emerging Issues
Proposition No. 1 Restricting Citizen Initiatives to November General Elections:
On November 26th King County Elections certified the City's ballot measure which was
approved by the voters. An ordinance reflecting the approved change and amending the
Federal Way Revised Code will be on the January 7, 2014 Council agenda.
Last Council Meeting for 2013: Mayor Priest noted tonight is the last scheduled Council
meeting for 2013 as the Council previously voted to cancel their December 17th meeting.
CITIZEN COMMENT
H. David Kaplan spoke in support of agenda item 7.b. and noted Mayor Priest was
instrumental in lobbying for the playground equipment in Celebration Park. He thanked those
who participated in the recent fundraiser for the PACC.
Norma Blanchard shared her dissatisfaction during her recent experience with Comcast
customer service. She would like to see the City have another service provider other than
Comcast.
Byron Hiller spoke in opposition of agenda item 7.b. He would like to see new
Councilmembers address this item and the public given an opportunity to provide additional
input on the topic.
Betty Taylor reported there will be a landlord tenant workshop on December 7th. She shared
her experience when using the crosswalk on 1stAve. near the Panther Lake Apartments and
does not feel it is safe for pedestrians as cars do not yield.
Margaret Nelson stated she did not agree with the change of government when it occurred,
however, she feels Mayor Priest has done an outstanding job during his time in office dealing
City Council Minutes — December 3, 2013 Regular Meeting Page 2 of 11
with challenging issues. Ms. Nelson also spoke in support of agenda item 7.b
Keith Livingston thanked Mayor Priest for his service to the City, and spoke in support of
agenda item 7.b.
Lori Devore spoke in support of agenda item 7.b.
Tim Devore stated he is appreciative of the Police Department's accomplishments. He
thanked Mayor Priest for his long time service to the Federal Way Community. Mr. Devore
spoke in support of agenda item 7.b.
Robert Piel spoke in support of the Police Department and would like to see Department
staffing increased. He does not feel it is the right time to develop a PACC.
Joann Piauette provided an update on the efforts of the Federal Way Coalition of the
Performing Arts. They have raised $625k since they started their fundraising campaign in July.
She also thanked Mayor Priest for his service to the community.
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: November 19, 2013 Special and Regular Meetings
b. Vouchers
c. Monthly Financial Report — October 2013
d. Federal Way Community Center 2014 Pool Chemical Contract Amendment
e. Resolution: Establishment of a HRA/VEBA Plan Updated July 1, 2013 Resolution 13 -653
Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through
5.e. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
The motion carried 7 -0.
6. PUBLIC HEARINGS
a. Mariivana Related Business Moratorium
Mayor Priest reviewed the procedure for the Public Hearing and stated Council will not
take action this evening as this item has been placed on the Planning Commission's Work
Program. Mayor Priest declared the hearing open at 8:12 p.m.
Staff Presentation: Assistant City Attorney Peter Beckwith stated the Council approved a
one -year moratorium regarding marijuana collective gardens and other activities involved
in the sale, manufacturing, or distribution of marijuana on November 5t'. State Law
required a hearing be conducted to give the public an opportunity to provide comments on
City Council Minutes — December 3, 2013 Regular Meeting Page 3 of 11
the moratorium.
Public Comment: Mayor Priest called for public comments. No comments were provided.
Motion: Councilmember Celski moved to close the Public Hearing on the
moratorium regarding marijuana collective gardens and other activities involved in
the sale, manufacturing, or distribution of marijuana. Councilmember Duclos
second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
The motion carried 7 -0.
7. COUNCIL BUSINESS
a. Panther Lake Open Space Trail Proiect — 85% Design Status Report
Parks and Public Works Director Cary Roe stated this item was reviewed at the November
12th Parks, Recreation, Human Services and Public Safety Council Committee meeting
and forwarded to the full Council for consideration. The City has been working with a
consultant on the design for development of a "loop trail' around Panther Lake with a
connection to the BPA trail as well as parking /site improvements. He provided background
information on the project, progress made to date, and ongoing tasks associated with the
project. One element of the project is to make the existing bridge ADA compliant. There
are three phases of the project: the first is the paved pedestrian trail which is included in
the design; the second is the parking lot/entrance /driveway (also included in design); the
final phase is park facilities. Mr. Roe reviewed the estimated expenditures for each phase
of the project. The total estimate for all three phases is $2,075,546.00. Available funding
is $988K. This project will be completed in phases and the Parks Department will apply for
grants, accept donations, and research mitigation sources to assist in project funding.
Mr. Roe reviewed the questions that were presented at the November 12th PRHSPS
Council Committee meeting and provided responses to them.
Motion: Councilmember Honda moved to authorize staff to proceed with the design
of the Panther Lake Open Space Trail Project and return to the Parks Commission,
the Parks, Human Services and Public Safety Council Committee, and Council at
the 100% design completion for further reports and authorization. Councilmember
Maloney second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Moore Yes
Councilmember Duclos Yes
The motion carried 7 -0.
City Council Minutes — December 3, 2013 Regular Meeting Page 4 of 11
b. Authorize Submittal of Land Use Application and Related Expenditures for Proposed
Performing Arts and Conference Center (PACC)
Community and Economic Development Director Patrick Doherty provided background
information on the item. In September, Lorax Partners and LMN presented a final
schematic design of the proposed PACC to Council. The next step would be to submit
schematic design plans in the form of a complete land use application to the City for land
use review and approval. The submittal would include a set of schematic plans, written
narratives, environmental checklist, technical reports, etc. The land use application
process will take four to five months. The cost estimated with this step is up to $65k. Mr.
Doherty reviewed the source funds for this item. This next step relates to potential funding
from the New Markets Tax Credits Program. Once community development entities are
notified of their program allocations (in the spring) the City would need to re- approach
entities about the PACC for funding. An "entitled" or "permitted" project would likely receive
greater interest, viewing it as ready to move forward and worthy of a commitment
Motion: Councilmember Burbidge moved to authorize the Mayor and staff to
contract with Lorax Partners to prepare and submit land use permit application
materials for the proposed PACC, including expenditures not to exceed $65k for
permit process related costs. Councilmember Moore second.
Deputy Mayor Ferrell and Councilmembers Honda and Maloney spoke in opposition of the
motion.
Councilmembers Duclos, Celski, Moore and Burbidge spoke in support of the motion.
Vote:
Deputy Mayor Ferrell
No
Councilmember Maloney
No
Councilmember Honda
No
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
The motion carried 4 -3.
Councilmember Duclos left at 9:32 pm.
c. 2014 School Impact Fees
Interim Finance Director Bob Noland stated the school district annually submits its Capital
Facilities Plan and School Impact Fees for the City's review and adoption. This year the
District is proposing a single- family rate of $5,363 (from present rate of $4,014) and multi-
family rate of $1,924 (from the present rate of $1,381).
The Finance, Economic Development and Regional Affairs Committee (FEDRAC)
reviewed this item and forwarded it to Council with a recommendation to approve the
increase in a "phased -in" approach over the next three- years. While Council approves
these fees annually, Councilmember Celski noted the phased -in method provides a road
map for the coming years.
Sally McLean, Federal Way School Assistant Superintendent of Business Services, stated
the formula for calculating impact fees is used by all school districts in King County. It has
an agreed upon set of 14 variables based on new development. The Federal Way School
District's Impact Fees are the lowest in King County. She answered Council questions
relating to future year fee requests and how the passage of the School District's Capital
City Council Minutes — December 3, 2013 Regular Meeting Page 5 of 11
Levy in 2012 affected this year's impact fees
Motion: Deputy Mayor Ferrell moved to suspend the Council Rules of Procedure to
continue the meeting past 10:00 pm. Councilmember Honda second.
Vote:
Yes
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Excused
The motion carried 6 -0.
Motion: Councilmember Celski moved approval of the FEDRAC recommendation to
phase in the School District's proposed school impact fee increase over a three -
year period with a single- family rate increase from the present rate of $4,014 by
$450 in each of the next three years; and increasing the multi - family rate from
present rate of $1,382 by $181 in each of the next three years. Councilmember
Burbidge second.
Councilmembers discussed the benefits and value of utilizing a phased -in approach over
three years versus approving an increase only for the current year. Discussion also
ensued about the permanency of adopting fee increases for 2015 and 2016 as those
rates would not be binding and the school district will be coming back annually to set a
new rate.
Amendment: Councilmember Honda moved to amend the motion by approving the
school impact fees; with the single family rate to increase by $450 in 2014 and the
multi - family rate to increase by $181 for 2014. Deputy Mayor Ferrell Second.
Councilmembers Honda and Maloney spoke in support of the amendment.
Councilmember Celski spoke in support of the original motion.
Vote on amendment:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
No
Councilmember Celski
No
Councilmember Moore
No
Councilmember Duclos
Excused
The motion failed 3 -3.
Vote on main motion:
Deputy Mayor Ferrell
No
Councilmember Maloney
No
Councilmember Honda
No
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Excused
The motion failed 3 -3.
Mayor Priest reported unless Council could come to an agreement, there would be no
increase authorized until sometime in 2014 as this is the last meeting of the year.
City Council Minutes — December 3, 2013 Regular Meeting Page 6 of 11
Motion: Deputy Mayor Ferrell moved to bring the amended motion [an increase to
single family of $450 for 2014 and an increase to multi - family of $181 in 2014] back
on the floor for consideration. Councilmember Celski second.
Discussion centered on parliamentary procedure and necessary language in the motion.
The Council recessed at 10:04 pm and reconvened at 10:18 pm.
Motion: Councilmember Moore moved to bring the failed motion back to the table.
Deputy Mayor Ferrell second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Excused
The motion carried 6 -0.
Motion: Deputy Mayor Ferrell called for the question. No second required.
Vote:
Deputy Mayor Ferrell
Councilmember Maloney
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Moore
Councilmember Duclos
The motion carried 6 -0.
Yes
Yes
Yes
Yes
Yes
Yes
Excused
City Attorney Richardson advised that each of the motions made have missed one critical
component, specifically, the phrase "adoption of the District's Capital Facilities Plan ". She
asked that any future motions include this verbiage.
Motion: Councilmember Celski moved to adopt the School District's Capital
Facilities Plan and moved approval phase in the proposed school impact fee
increase over a three -year period with a single family rate to increase from the
present rate of $4,014 by $450 in each of the next three years; and with the multi-
family rate to increase from present rate of $1,381 by $181 in each of the next three
years. Councilmember Burbidge second.
Ms. McLean clarified that both options (approving an increase for 2014 only versus
approving a three -year, phased -in approach to include 2014, 2015 and 2016) would be
supportive of their Capital Facilities Plan as required by the Growth Management Act.
Amendment: Deputy Mayor Ferrell moved to amend the motion by approving the
School District's Capital Facilities Plan with school impact fees increased in 2014
for single - family by $450 and multi- family by $181. Councilmember Honda second.
Vote on amendment:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Moore Yes
Councilmember Duclos Excused
City Council Minutes — December 3, 2013 Regular Meeting Page 7 of 11
Amendment carried 6 -0.
d. Resolution: 2014 Fee Schedule Amendment
Interim Finance Manager Bob Noland reviewed the proposed amendments to the 2014
Fee Schedule. The CPI escalator is not being proposed; the Community and Economic
Development Department is proposing some revisions to land use and construction fees
to address multiple fees associated with overlapping permit fees to limit excessive fees
being charged. A $250. construction fee for solar panels is being proposed and Traffic
School fee is proposed to increase from $115. to $175.
Motion: Councilmember Celski moved approval of the 2014 Fee Schedule and
Resolution as proposed. Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Excused
The motion carried 6 -0. Resolution 13 -654
8. ORDINANCES
First Reading
a. CB# 638 Relating to School Impact Fee Adjustments in the City Center Zone;
Adding a New Section to Federal Way Revised Code 19.95
An Ordinance of the City Council of the City of Federal Way, Washington, relating to
school impact fee adjustments in the City Center Zone; adding a new section to FWRC
19.95. (Amending Ordinance No. 95 -249)
Community and Economic Development Director Patrick Doherty stated that
historically, Impact Fees have been split between single- family and multi - family
rates throughout the City with no distinction between City Center multi - family and
neighborhood multi- family.
It is likely that City Center residential would have fewer school aged children than
neighborhood multi- family projects. Several years ago staff conducted an informal
survey in Bellevue and Renton to test this theory. The results revealed a lower
number of children living in multi - family housing. As a result of this and in
accordance with WAC 365- 196 -850 staff is recommending imposing a School
Impact Fee in the City Center at 50% of the city -wide impact fee for multi - family
buildings. The proposed boundaries of this area would coincide with the Planned
Action SEPA boundaries.
Ms. McLean spoke to the methods used to identify how and to whom the fees
should be applied.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved to forward the ordinance to the
January 7, 2014 Council Meeting for second reading and adoption relating
to school impact fee adjustments in the City Center Zone; adding a new
section to FWRC 19.95. Councilmember Burbidge second.
City Council Minutes — December 3, 2013 Regular Meeting Page 8 of 11
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Excused
The motion carried 6 -0.
13 -752
Second Reading
b. 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.
On November 19, 2013 the Council forwarded the ordinance to this meeting for
second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved approval and enactment of the 2013-
2014 Mid- Biennium Budget Adjustment. Councilmember Bu'rbidge second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Excused
The motion carried 6 -0. Ordinance
13 -752
c. 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.
On November 19, 2013 the Council forwarded the ordinance to this meeting for
second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved approval and enactment of the 2014
Property Tax Levy. Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Excused
The motion carried 6 -0. Ordinance
13 -753
d. CB# 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,
City Council Minutes — December 3, 2013 Regular Meeting Page 9 of 11
9.
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"
On November 19, 2013 the Council forwarded the ordinance to this meeting for
second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved approval and amendment of the
FWRC relating to urban agriculture. Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Excused
The motion carried 6 -0. Ordinance
13 -754
e. 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
On November 19, 2013 the Council forwarded the ordinance to this meeting for
second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Honda moved approval and adoption of the
ordinance modifying the FWRC incorporating state law. Councilmember
Celski second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Counci member Celski Yes
Councilmember Moore Yes
l
Councimember Duclos Excused
e 13 -755
The motion carried 6 -0. Ordinanc
COUNCIL REPORTS
Councilmember Maloney had no report.
Councilmember Honda reported the Holiday Tree Lighting event is December 7"' at the
Commons Mall. The event starts at 4 pm and tree lighting will occur at 5pm. The next Parks,
Recreation, Human Services, Public Safety Council Committee meeting is December 10' at
5:30 p.m.
Deputy Mayor Ferrell thanked Mayor Priest for his service to the community over the years.
Councilmember Burbidge reported the City is sponsoring a Jingle Bell Brunch and thanked
Mayor Priest for his service to the City.
City Council Minutes — December 3, 2013 Regular Meeting Page 10 of 11
Councilmember Celski thanked Mayor Priest for his work and he welcomed Councilmember
Moore.
Councilmember Moore thanked Diana Noble - Gulliford for her service to the community. He
wished everyone a happy holiday and encouraged people to think of those less fortunate
during this time of year.
10. MAYORS REPORT
Mayor Priest stated it has been an honor to serve with the Deputy Mayor and Council.
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 10:55 p.m.
Attest:
Ca—,PL�
Carol McNeilly, CIVIC, City Cler
Approved by Council: January 7, 2014
City Council Minutes — December 3, 2013 Regular Meeting Page 11 of 11