Council MIN 02-18-2014 RegularCITY OF
,:§gk
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
February 18, 2014
7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:02 p.m.
Elected officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,
Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Martin Moore
and Councilmember Dini Duclos. Council position No. 1 vacant. Mayor Ferrell excused
Councilmember Bob Celski.
City staff in attendance: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell invited Richard Champion to lead the Pledge of Allegiance.
3. PRESENTATIONS
a. Diversity Commission Certificate of Appointment
At their February 4th meeting, the City Council appointed Ryan Miller to a voting position
on the Diversity Commission. Councilmember Honda read the Certificate of Appointment
into the record.
b. Catholic Community Services Reach Out
Community Services Manager Jay Bennett reported Federal Way began providing funding
to Reach Out's men's shelter in 2009 and began funding the women's shelter in 2012. Mr.
Bennett introduced Dwight Jackson and Nancy Jaenicke from Reach Out. Mr. Jackson
thanked the Council for supporting their programs. He stated 128 men and women were
served in 2013; and numerous meals were prepared and served as well. Ms. Jaenicke
stated Reach Out could not operate without support from the community and thanked the
churches and volunteers who participate in their programs. She noted they are hosting a
Rollermania fundraising event on March 31St at Pattisons West Skating Rink.
c. Arts Commission Update
Arts Commission Chair Cat Mason provided a 2013 year -end report on the Commission's
activities. The Commission hosted two art contests; coordinated the Blue Poppy Days
event; was present at the Red White and Blues Festival; worked on the holiday tree -
lighting event and Summer Sound Concert Series; as well as other projects /events.
City Council Minutes — February 18, 2014 Regular Meeting Page I of 11
d. Mayor's Emerging Issues
Downtown Economic Development: As part of the ongoing effort to move forward with
downtown development; the Mayor announced he and staff will refer to the former
AMC Movie Theatre site as "The Town Square Site" until such a time as it may later
be renamed. He also announced an interim park may be included at this location to
possibly be discussed at the upcoming Council Retreat on March 8th along with other
ways to utilize the property to create a true Town Square.
The Mayor's Blue Ribbon Panel will be exploring the proposed Performing Arts and
Conference Center. Rather than referring to it as the former Toys R Us site, it will be
more accurately referred to as the proposed Performing Arts and Conference Center
Site (PACC). For this project, the state provided the City with $5M to explore (and
ultimately purchase) the property. Additionally, another $2M was received from
Legislature along with $300K and $600K raised by private fundraising for the project.
Neighborhood Connection Meetings: Chief of Staff Brian Wilson stated a total of six
Neighborhood Connection meetings have been scheduled. The first is at Brigadoon
Elementary on February 27th at 6:00 p.m. The agenda for that meeting will include: an
introduction of elected officials and staff; a presentation on the Municipal Court's ability
to assist in neighborhood dispute resolutions; a presentation from the Mayor on his
vision for the future; presentations from Public Works and Police departments;
information about the many homeowners associations in the area; an opportunity for
citizens to ask questions; and time for City officials to provide answers and dialogue.
The dates and locations for the reminder of the meetings are as follows:
o Adelaide Elementary, April 24, 2014
o Sherwood Forest Elementary, June 12, 2014
o Wildwood Elementary August 28, 2014
o Mirror Lake Elementary September 25, 2014
o Panther Lake Elementary November 6, 2014
Mayor Ferrell hopes the visioning process at the Council retreat will result in changing
the future agendas for these meetings to be inclusive of the Mayor and Council's
vision as they will also be present at these meetings.
Downtown Police Substation: Chief Andy Hwang stated the new substation is moving
forward and a one year lease has been executed for 31620 23`d Avenue South. Chief
Hwang thanked the Mayor for finding the space and thanked Mr. Pat Rhodes for
donating the space at no cost. Chief Hwang provided an overview of the substation
and the benefits it will provide including maps /photos of the location and proposed
signage. Next steps include reviewing signage bids, completing network connectivity
and finalizing plans for the grand opening sometime in March. Mayor Ferrell also
extended his thanks to Pat Rhodes for providing this space to the City at no cost.
• Channel 21: Executive Assistant to the Mayor Kathy Arndt reported new programming
for Channel 21 is underway. Programs will include highlights from the MILK event; the
Mayor's State of the City Address; Neighborhood Connection Meetings; Red White
and Blues Festival and a new program called New Day Federal Way. Michael Dziak
will be filming and editing the programs for the channel.
City Council Minutes — February 18, 2014 Regular Meeting Page 2 of 11
• Snow Removal: Parks and Public Works Director Cary Roe provided a recap of the
operations associated with the February snow event. In an effort to prepare for the
snow, maintenance workers were placed on standby and anti -icing material was
placed on designated road routes. Crews were deployed and worked from 8:00 p.m.
on February 8th until 5:00 p.m. on February 9th. Mr. Roe named, introduced (those in
attendance), and thanked the staff members involved in making the roads safe during
this snow event. He asked the Council and audience join him in a round of applause
to show their appreciation as well. Mayor Ferrell shared his appreciation for the work
performed by these gentlemen. Councilmembers Duclos and Moore also shared their
appreciation. Mayor Ferrell also thanked Mr. Roe.
4. CITIZEN COMMENT
Diana Noble - Gulliford commented on the proposed Planning Commission Work Program;
specifically the historic preservation ordinance. She would like to see this item increased to a
medium priority.
Gregory Baruso, Diversity Commission Chair, stated the membership requirements for
Diversity Commissioners were recently changed requiring members to reside within the City
limits. (The previous requirement was to reside within the School District boundaries). He
asked the Council to reconsider the recent changes or possibly "grandfather" in the members
currently serving on the Commission who reside within the School District boundaries.
Councilmember Honda stated this item will be discussed at an upcoming PRHSPS Council
Committee Meeting.
Norma Blanchard stated she would like development of the PACC put to a vote of the citizens.
Betty Taylor reported on her recent experience during a ride -along with the Police Department
and shared her recommendations for improvements which include a City issued cellphone for
all officers.
Nancy Combs submitted written comments for the City Clerk to read into the record
expressing her disappointment with road work that occurred in her neighborhood.
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: February 4, 2014 Special and Regular Meeting
b. Allocation of 2014 City Employee Human Services General Fund Donations
c. Family Funland Labor
d. 2014 Parks & Recreation Commission Work Plan
e. T- Mobile Site Lease Renewal — Panther Lake
f. Authorization to amend the 2013 -14 SWM Infrastructure Maintenance and Service
Contract; increasing the total compensation by $150,563.00
Motion: Deputy Mayor Burbidge moved approval of Consent Agenda items 5.a. through
5.f. Councilmember Duclos second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Maloney Yes
City Council Minutes — February 18, 2014 Regular Meeting Page 3 of 11
C�
7
Councilmember Honda
Councilmember Celski
Councilmember Moore
Councilmember Duclos
Motion carried 5 -0.
PUBLIC HEARING
Yes
Excused
Yes
Yes
a. Renewinq the Moratorium on Group Homes Type III
Mayor Ferrell reviewed the format for the Public Hearing and declared the hearing open at
7:57 p.m.
• Staff Presentation: Planning Manager Isaac Conlen stated the Council approved a six -
month moratorium on Group Homes Type III (Registered Sex Offender housing) in
September 2013. Staff has begun working on a Code amendment to address this
item, but is seeking additional time to complete the work. A draft ordinance on this
item is before Council this evening as item 8.b.
• Public Comment: Mayor Ferrell called for public comment. No public comment was
provided.
Motion: Deputy Mayor
Burbidge
Councilmember Duclos second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
moved to close the Public Hearing.
Councilmember Celski Excused
Councilmember Moore Yes
Councilmember Duclos Yes
Motion carried 5 -0.
COUNCIL BUSINESS
a. Arts Commission Appointment
Councilmember Honda reported the Council did not conduct interviews this evening; as
the applicant did not meet the requirements to serve on the Arts Commission. Therefore
no appointment would be made this evening.
b. DUI & Distracted Drivinq Fundinq — The "Nick & Derek Project"
Interim Police Chief Andy Hwang stated the Nick & Derek Project is being launched to
send a very strong message that drunk driving will not be tolerated in Federal Way. The
program also focuses on distracted driving. Nick Hodges and Derek King were Decatur
High School students at the time they lost their lives as the result of a collision with a
drunk driver on 1 -5 in 2010. Each year, the City responds to roughly 2,000 traffic accidents
— including 50 caused by impaired drivers. Chief Hwang stated two members of the
Federal Way Police Department, Kurt Schwan and Keith Pon created this program to
honor Nick and Derek's memories and to make our streets safer. Lt. Schwan with the
Federal Way Traffic Unit thanked the officers who were involved in implementing this
program and the seriousness and prevalence of drunk driving and the serious impacts to
police staffing. Chief Hwang presented the parents of Nick and Derek with plaques
City Council Minutes — February 18, 2014 Regular Meeting Page 4 of 11
commemorating their efforts with this program. Derek's father shared recollections of their
children and the efforts of their families to toughen laws on drunk driving and reduce these
collisions through programs like this.
Mayor Ferrell and Councilmember Maloney expressed their appreciation to Nick and
Derek's family for their work and efforts.
Motion: Councilmember Honda moved to allocated $50K from the Red Light Photo
Enforcement Fund for the "Nick and Derek Project." Councilmember Maloney
second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Excused
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 5 -0.
c. Motorist Information Siqns - Code Interpretation
City Traffic Engineer Rick Perez stated the policy question before Council is whether or
not the sign code should be interpreted to consider the use of motorist information signs
as "street and traffic signs "; therefore, exempting them from Sign Code restrictions on the
use of off -site signs advertising businesses.
Mr. Perez provided a PowerPoint presentation reviewing the background and intent of
motorist information signs, the standards associated with them, and how staff currently
applies the City's sign code for them. Mr. Perez also explained WSDOT's practices and
recent conflicts which have been encountered. Over the years, other businesses have
also requested signage and Mr. Perez detailed how signs are installed, cost/fees, limits,
potential number of signs, and their types and locations. Options available to Council were
introduced. Staff recommended Council interpret these as street traffic signs.
Council discussed how best to make these signage options known to businesses.
Motion: Deputy Mayor Burbidge moved to interpret the Sign Code to consider the
use of Motorist Information Signs as `street/traffic signs' and therefore exempt from
the Sign Code restrictions on the use of off -site signs. Councilmember Duclos
second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Celski Excused
Councilmember Moore Yes
Councilmember Duclos Yes
Motion carried 5 -0.
d. Mobile /Manufactured Home Park (MHP) Zoning Designation
Principal Planner Margaret Clark provided a PowerPoint presentation and stated the policy
question before Council is whether the City Council should place consideration of a
Mobile /Manufactured Home Park (MHP) Zoning Designation on the 2014 Planning
Commission Work Program. Ms. Clark reviewed ways other jurisdictions have addressed
Mobile /Manufactured Home Parks such as relocation plans or by adopting specific zoning.
In Federal Way mobile /manufactured home parks are permissible in the Multi - Family
City Council Minutes — February 18, 2014 Regular Meeting Page 5 of 11
Zone. This item was reviewed by LUTC on February 3rd and their recommendation was to
include it in the 2014 Planning Commission Work Program; with the full Council to
determine its priority.
Motion: Deputy Mayor Burbidge moved to include consideration of Mobile
/Manufactured Home Parks Zoning Designation on the 2014 Planning Commission
Work Program and to include consideration of zoning and other regulatory options.
Councilmember Moore second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Excused
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 5 -0.
Councilmember Moore
e. 2014 Planning Commission Work Program
Principal Planner Margaret Clark reviewed the policy question before Council which seeks
to understand how the Planning Commission work plan should be prioritized. Ms. Clark
reviewed the staff work program which includes Comprehensive Plan Amendments
(annual and major), Code Amendments, and Monitoring /Reporting Development Activity.
Ms. Clark then reviewed current staffing levels available to accomplish these tasks.
Ms. Clark stated the city has received two citizen - initiated requests for Comprehensive
Plan amendments and none for Code amendments. Next, Ms. Clark reviewed items on
the proposed 2014 Planning Commission Work Program along with the associated priority
levels (high, medium or low). Additional code amendments include regulations to preserve
existing mobile home parks, and housekeeping code amendments. The Land Use &
Transportation Committee recommends approving the 2014 Planning Commission Work
Program as outlined and to includes the following two additions: amend the time horizon
of the Planned Action SEPA as a high priority, and consideration of a
Mobile /Manufactured Home Park Zoning Designation and other regulatory options with a
priority to be determined by the full Council
Motion: Councilmember
Moore moved to increase the historical preservation
ordinance to medium priority. Councilmember Duclos second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Excused
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 5 -0.
Councilmember Honda expressed her frustration with the Planning Commission's Work
Program. She would like to see the Commission meet on a regular basis to address items
on the Work Program. Director of Community and Economic Development noted staffing
and work load volumes have impacted the Planning Commission's ability to meet.
Councilmembers Moore and Duclos expressed the importance of addressing items on the
Work Program.
City Council Minutes — February 18, 2014 Regular Meeting Page 6 of 11
Chief of Staff Wilson reported a plan addressing staffing levels is being discussed in the
Mayor's Office and will be forthcoming soon to Council.
Councilmember Maloney recalled the Council authorized approval of temporary staff to
work on the Comprehensive Plan. Mr. Doherty responded staffing for the Building Division
staff was augmented to keep up on inspections and Planning staff which has been
focusing on development projects.
Motion: Deputy Mayor Burbidge moved to place the mobile /manufactured home
park zoning designation as a high priority on the 2014 Planning Commission Work
Plan. Councilmember Duclos second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Excused
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 5 -0.
Yes
Motion: Deputy Mayor Burbidge moved to approve the proposed 2014 Planning
Commission Work Plan as modified. Councilmember Duclos second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Excused
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 5 -0.
f. Suspend Council Rule 21.4 — Council Vacancy Interview Process
City Attorney Pat Richardson reported the Council will interview applicants on March 13tto
fill the vacant Council Position No. 1. The interview process is outlined in the Council
Rules of Procedure. The Council has already suspended a portion of the Council Rules to
allow for written responses from applicants. Due to the number of applicants, the following
revision to the Rules is being proposed for the interviews:
• Shorten the applicant introduction to 5 minutes. Each applicant will be provided
with five minutes to introduce themselves at the podium
• Council will be given five minutes to ask general follow -up questions to the written
responses submitted by each applicant.
The special meeting is scheduled for March 1St in Council Chambers and is open to the
public. Doors will open at 8:00 a.m.; the City Clerk will post the order of appearance at
8:15 a.m. and the Mayor will call the meeting to order at 8:30 a.m. Breaks will be taken as
needed and the estimated time for lunch will be 1:30 p.m. At approximately 2:00 p.m. the
Council will adjourn to Executive Session to discuss the qualifications of the candidates.
Council will appoint a member to the vacant seat in the open public meeting and then the
City Clerk will administer the Oath of Office.
The meeting will also be broadcast live on Comcast Channel 21 and live- streamed on the
City Council Minutes — February 18, 2014 Regular Meeting Page 7 of l l
8.
City's website www.citvoffederalway.com /live21.
Motion: Deputy Mayor Burbidge moved to suspend Council Rule 21.4 the interview
process for filling the Council vacancy because there are twenty applicants using
the timeline presented by Ms. Richardson. Councilmember Duclos second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Excused
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 5 -0.
ORDINANCES
First Reading:
a. CB# 641 Amending the Final Administrative Decision /Appeal Process
An ordinance of the City of Federal Way, Washington, relating to final administrative
decisions of the City; amending sections 19.70.010, 19.70.050, 19.70.060, 4.30.110,
11.45.100, 14.10.060, 18.35.010, 18.35.080, 18.35.090, and repealing sections
19.70.180, 19.70.200, 19.70.210, 19.70.220, 19.70.230, and 19.70.250 of the Federal
Way Revised Code
Director of Community and Economic Development Patrick Doherty reported the
Federal Way Revised Code designates the Council as the final decision maker in
some administrative decisions or exercises the authority to hear appeals of
administration decisions in a quasi - judicial role. In the quasi - judicial role Council
must remain unbiased and may only consider information contained in the official
record. They are advised not to discuss land use applications (or other issues)
with the public.
In an effort to free up the City Council from this restricted role, the proposed
ordinance would authorize the Hearing Examiner to make the final City
administrative decision and /or hear the final appeal in the following matters:
o Development Regulations and development proposals
o Right -of -Way Activities
o Surface Water Fee, individual rate adjustments
o Environmental regulations and Development Proposals
o Preliminary Plat Approval
Councilmember Maloney asked Mr. Doherty how this proposed change would
affect the Preliminary Plat approval process. Mr. Doherty reviewed the current
preliminary plat process which includes the final decision is made by Council. The
proposed change would delegate the Hearing Examiner to make the final City
decision, based on set criteria, regulations and zoning. However, Council will
retain its authority to approve the final plat which constitutes review that all
conditions of approval have been met. Council will not lose the authority to make
the final decision on rezones, the proposed ordinance focuses on appeals.
City Clerk McNeilly read the ordinance title into the record.
City Council Minutes — February 18, 2014 Regular Meeting Page 8 of 11
9.
Motion: Deputy Mayor Burbidge moved approval of the proposed ordinance
amending the final administrative decision and appeal process and forward
it to the March 4, 2014 City Council meeting for second reading and
enactment. Councilmember Moore second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Excused
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 5 -0.
First Reading and Enactment:
b. CB# 642 Renewing the Moratorium on Group Homes Type III
An ordinance of the City of Federal Way, Washington, renewing the six month moratorium
imposed by Ordinance 13 -747 on Group Homes Type Ill and other activities involved in
the City's review and permitting of sex offender housing.
A staff presentation on this item was presented earlier in the evening as part of
the Public Hearing that was conducted.
Motion: Deputy Mayor Burbidge
subsection 8 for first reading
Councilmember Duclos second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Maloney Yes
moved to suspend Council Rule 2.2
and enactment of the ordinance.
Councilmember Honda
Yes
Councilmember Celski
Excused
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 5 -0.
Yes
City Clerk McNeilly read the ordinance title into the record.
Motion: Deputy Mayor Burbidge moved approval and adoption of the
ordinance renewing the moratorium on Group Homes Type Ill.
Councilmember Maloney second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Excused
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 5-0. Ordinance 14 -759
COUNCIL REPORTS
Councilmembers Maloney attended Auburn Youth Resources fundraising event; she was
pleased to report they reached their fundraising goal of $100k.
City Council Minutes — February 18, 2014 Regular Meeting Page 9 of 11
Councilmember Honda reported she attended the King County Domestic Violence Task Force
meeting last week. She plans on attending the February 28th meeting of the Federal Way
Domestic Violence Task Force. A delegation from Federal Way's Sister City in Hachinohe,
Japan visited last week. This year marks the 20th anniversary of the Sister City relationship
between Hachinohe and Federal Way. The Multi- Service Center held their annual Thank You
Reception. State Representatives Kochmar and Freeman are both conducting Town Hall
meetings in Federal Way this Saturday. She thanked Nick and Derek's parents for their
legislative work in Olympia.
Councilmember Moore attended a Cub Scout meeting where he spoke about anti - bullying and
being good stewards of the environment and being good to your parents. He also reported on
this Saturday's State Representatives meetings. He will be attending Dom Cooks' graduation
ceremony from Decatur High School. He noted he is on his second week of learning to speak
Korean.
Councilmember Duclos attended the Regional Policy Committee meeting and during the
cities' caucus they narrowed down their top priorities for the year. They also discussed the
proposed Countywide Transportation Benefit District formation and Sound Cites position
which supports the formation and a ballot measure to raise revenues if three items are met:
o The specific distribution of the income;
o The ballot measure provides for no more than a $60 vehicle licensing fee and 0.1 %
sale tax increase;
o A resolution is adopted by the County Transportation Benefit District that requires an
Interlocal agreement prior to the collection of revenues that addresses risk
management and provides for the 60/40 distribution of revenues.
They also received a brief presentation on Solid Waste issues. Numerous comment letters
have been received regarding siting of the South County Transfer Station. The current plan is
to site the South County station in Algona, but that is not final yet. Councilmember Duclos
provided background information on the King Conservation District which provided a briefing
on their recent final report, which she has available if anyone wished to view it.
Deputy Mayor Burbidge reported she attended a South County Area Transportation Board
District meeting where they received presentations on the proposed Countywide
Transportation Benefit District and Puget Sound Regional Council reported they will be doing
work on city center designations. The Federal Way Chamber of Commerce is hosting an
upcoming Regional Prosperity Forum /breakfast event at Christian Faith Center.
10. MAYOR'S REPORT
Mayor Ferrell met with Congressman Adam Smith this morning where they discussed
economic development opportunities as well as Transit needs. He also met with the new
Executive Director of the Puget Sound Regional Council Josh Brown. This morning he had the
opportunity to speak to the Advancing Leadership Youth group. Mayor Ferrell provided an
update on last week's visit by the members of the Hachinohe delegation.
11. EXECUTIVE SESSION
The Mayor and Council did not adjourn to Executive Session.
Sale 9r Lease a of PrepeFty P FS ant to RGW 42.30.11 Q(1)(G)
12. ADJOURNMENT
City Council Minutes — February 18, 2014 Regular Meeting Page 10 of 11
With no additional items on the agenda, Mayor Ferrell adjourned the meeting at 9:20 p.m.
Attest:
Carol McNeilly, CIVIC, C Xy Clerk
Approved by Council: March 4, 2014
City Council Minutes — February 18, 2014 Regular Meeting Page 11 of 11