Council MIN 10-20-2015 RegularCITY COUNCIL
REGULAR MEETING MINTUES
Council Chambers - City Hall
October 20, 2015 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the Regular Meeting to order at the hour of 7:06 pm.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob
Celski, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Dick Meyer led the flag salute.
3. PRESENTATION
a. Arts Alive Award Recognition — Arts Commission
Recreation Supervisor Cody Geddes noted the Arts Alive Juried Art Exhibition is a program designed
to give regional artists an opportunity to display their works in a public setting. He thanked Ms. Sherri
Bails, a professional artist in South Seattle, for jurying the show. He also thanked the 18 artists who
submitted a total of 33 pieces of art for the show and congratulated the following:
• People's Choice: Ms. Maura McGurk — Mixed Media "Mia, Siena, Stripes"
• Commission's Choice: Ms. Janette Stiles — Graphite "Beach Horses Kelly &
Trigger"
• Juror's Choice: Mr. Robert Chism Photography "We Said Forever"
b. Mayor's Emerging Issues and Report
Mayor Ferrell invited everyone to attend the Groundbreaking ceremony for the Federal Way
Performing Arts & Event Center at the corner of South 316th Street and Pete von Reichbauer Way
South tomorrow (October 21, 2015). The ceremony will begin at 10:00 a.m.
He reported on the last Neighborhood Connections Meeting which was held on October 15th at
Sacajawea Middle School. The meeting was well attended with a great opportunity for dialog and
feedback from citizens.
Federal Way City Council Regular Minutes Page 1 of 6
October 20, 2015
Chief of Staff Brian Wilson reported briefly to remind citizens representatives from SeaTac Airport and
the FAA will be at City Hall on November 19th at 7:00 p.m. for an Open House to discuss concerns
over increased airport noise.
4. CITIZEN COMMENT
Joann Piquette gave the October report of the Federal Way Coalition of the Performing Arts. She was
pleased to report the Coalition has currently raised $753,516.00 and anticipate more pledges after the
groundbreaking and in the beginning of the year. In addition to pledges, the group is working on
researching grants and more fundraising events.
Sharry Edwards and Doug Johnson spoke on behalf of the Federal Way Community Caregiving
Network. She encouraged citizens attend a fundraising event at Saghalie Middle School on Saturday,
October 24th at 5:30 p.m. Efforts will go to support the Federal Way Day Shelter project.
Jennie Hills spoke in concern over speeding traffic in her apartment complex. She asked the Mayor
and Council to look into the issue before a child is injured due to speeding cars.
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: October 6, 2015 Regular and Special Meeting Minutes
b. 2015 Asphalt Overlay Project — Final Acceptance
c. Federal Way High School /Sacajawea Middle School Safe Routes to School Project —
Final Acceptance
d. Citywide Flashing Yellow Arrow Retrofits — 85% Design Status and Authorization to Bid
e. Amendment to the Housing Repair Program Policies
f. Washington Traffic Safety Commission (WTSC) Target Zero Team (TZT) Interagency
Funding Agreement 2015 -2016
g. Adelaide Park Playground Equipment Replacement
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF ITEMS A THROUGH G ON THE CONSENT
AGENDA; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimous as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
6. COUNCIL BUSINESS
a. Federal Way Day Shelter Coalition Pilot Project
Chief of Staff Brian Wilson introduced multiple members of the Federal Way Day Shelter Coalition
Project including Rev. Dr. James Kubal - Komoto who spoke to the need for this facility. He strongly
feels this facility will help Federal Way residents who may not have a voice and need a step up. This
Federal Way City Council Regular Minutes Page 2 of 6
October 20, 2015
facility will have laundry and shower facilities and be a place for those to use who do not have any
other place to go during the day. Currently the plan is to open the shelter for 5 days a week.
Councilmembers were very supportive of Day Shelter and the business plan. They asked clarifying
questions of the Mr. Kubal - Kumoto and the Coalition regarding timeline of the project, plans and
assessment of security, staffing levels and possibilities of using CDBG funds in the future.
COUNCILMEMBER DUCLOS MOVED TO APPROVE A BUDGET ALLOCATION OF $50,000 IN
2015 AND $50,000 IN 2016 TO FUND A PILOT PROJECT TO ESTABLISH AN INTERIM DAY
SHELTER IN FEDERAL WAY; COUNCILMEMBER MOORE SECOND.
Councilmember Maloney disclosed she created the website the Federal Way Coalition is using for the
Day Shelter.
The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
At 8:05 p.m. Mayor Ferrell announced the Council would take a brief recess. He reconvened the
meeting at 8:14 p.m.
b. Henderson Partners Contract Amendment for Town Square Park Improvements
Deputy Parks Director Steve Ikerd updated Council on the amendment to the contract for Town
Square Park. He noted this amendment is to perform work that would have been bid at a later time at
a higher rate. The contractor on site currently has the equipment to complete various additional
elements. Mr. Ikerd clarified these are not an additional cost, rather reallocating costs from later in the
project related to the timing and availability of the contractor.
Councilmembers asked various clarifying questions including the total budget of the park; the location
of the student artwork on the north walls of the park; and the number of expected trees to be planted.
Mr. Ikerd noted the project is currently on budget with the park estimate at $1.7 million and the
additional SWM LID project at $400,000 for a total of $2.1 million. In further response, Mr. Ikerd stated
the artwork was taken down to be temporarily stored to prevent damage. The city holiday tree will be
planted on November 5th; with additional plantings of trees scheduled with AmeriCorps Volunteers
around November 20th as well as January 15th — 18th
COUNCILMEMBER HONDA MOVED TO AMEND THE HENDERSON PARTNERS CONTRACT
FOR THE TOWN SQUARE PARK IMPROVEMENTS TO INCREASE COMPENSATION IN THE
AMOUNT OF $68,037.03, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $599,831.40
AND AUTHORIZE THE PARKS DIRECTOR TO SIGN ALL ASSOCIATED CHANGE ORDERS;
COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Federal Way City Council Regular Minutes Page 3 of 6
October 20, 2015
c. 2016 Planning Commission Work Program
Principle Planner Margaret Clark updated Council on the Planning Commission work program which
is approved by Council every year. The role of the Planning Commission is to make recommendations
to the LUTC and City Council regarding Comprehensive Plan Amendments and Amendments to the
text of the Zoning Code and other development regulations.
She reviewed the completed and anticipated to be completed projects of 2015. Ms. Clark also went
over the recommendation of the Mayor to reprioritize the carryover items from 2015 into the 2016
work program. The Land Use /Transportation Committee moved to forward the Mayor's
Recommendation to City Council for approval.
Councilmembers thanked Ms. Clark and staff for all the hard work and effort this year on important
issues such as the Major Comprehensive Plan Update; and Marijuana Regulations; and suggested
Historic Preservation added to the work program in the future.
COUNCILMEMBER CELSKI MOVED TO APPROVE THE 2016 WORK PROGRAM AS
PRESENTED; COUNCILMEMBER MALONEY SECOND. The motion passed unanimously as
follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
CouncilmemberAssefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
7. ORDINANCES
First Reading
a. Council Bill #691 /Amendments Related to the Federal Way Revised Code
(FWRC) Non - Conformance Chapter 19.30
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
NONCONFORMANCE; AMENDING FWRC 19.05.010, 19.05.090, 19.05.120,
19.05.140, 19.05.180, 19.05.190, 19.30.010, 19.30.020, 19.30.030, 19.30.040, 19.30.050,
19.30.060, 19.30.070, 19.30.080, 19.30.090, 19.30.095, 19.30.100, 19.30.120, 19.30.130,
19.30.140, 19.30.150, 19.30.160, 19.30.170, 19.30.200, 19.30.210, 19.105.010, 19.105.100, AND
19.140.210. (AMENDING ORDINANCE NOS. 90 -43, 91 -113, 92 -135, 92 -144, 95 -235, 95 -
245, 97 -307, 97 -291, 99 -347, 99 -357, 01 -398, 02 -419, 02 -420, 04 -457, 04 -468, 05 -486, 06
- 515, 08 -585, 09- 593, 09 -595, 09 -596, 09 -605, 09 -607, 09 -610, 09 -630, 10 -652, 10 -674, 11
- 700, 12 -713, 12 -724, 13- 754,14 -778, AND 15 -797.)
Associate Planner Leila Willoughby -Oakes gave a PowerPoint presentation to Council regarding
proposed amendments to the Federal Way Revised Code related to Nonconformance. She briefed
Council on information regarding the Council taking action to clarify regulations, improve usability,
implement a more proportional approach to compliance, and strike a balance between correcting
nonconformance to enhance aesthetics and allow minor additions and improvements.
Ms. Willoughby -Oakes described the detailed changes in nonconforming uses; nonconforming
development; nonconforming (buildable) lots; government actions requiring conformance; and
damaged or destroyed nonconforming (NC). She clarified compliance is not required when
government action (ROW Acquisition) causes nonconformance. This will enable a fair and
streamlined policy with the potential to reduce city costs during property negotiations for capital
projects.
Federal Way City Council Regular Minutes Page 4 of 6
October 20, 2015
COUNCILMEMBER CELSKI MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
NOVEMBER 3RD CITY COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
b. Council Bill #692 /Amendment to Federal Way Revised Code (FWRC)
6.40.030 Relating to Forgery, Non - Felony
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
FORGERY, NONFELONY; AMENDING FWRC 6.40.030. (AMENDING ORDINANCES
NOS. 09 -601 AND 02 -429.)
City Attorney Amy Jo Pearsall briefly spoke to this amendment which is strictly housekeeping in
nature. The ordinance was passed originally in 2002 and updated in 2009. She noted there is a minor
issue of the word "or" needs to be removed.
COUNCILMEMBER HONDA MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
NOVEMBER 3RD CITY COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Second Reading
c. Council Bill #690 /Ordinance T- Mobile Franchise Agreement
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING T-
MOBILE WEST CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY
RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE
SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION,
MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES
AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENT IN A
PORTION OF THE RIGHT -OF -WAY WITHIN AND THROUGH THE CITY OF FEDERAL
WAY.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE AS
PRESENTED; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously as
follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
8. COUNCIL REPORTS
Councilmember Assefa- Dawson encouraged everyone to help the "We Scare Hunger" campaign
if teenagers come to your door on October 31st to collect food for the food bank.
Federal Way City Council Regular Minutes Page 5 of 6
October 20, 2015
Councilmember Maloney reported she attended the Neighborhood Connection meeting last week and
enjoyed speaking with citizens who attended. She is looking forward to the Groundbreaking event
tomorrow and thanked all those who came and participated to support the Federal Way Day Shelter
Pilot Program.
Councilmember Honda thanked the Arts Commission for the Arts Alive Event this evening and the art
display at City Hall. She invited everyone to attend the Annual Veterans Day Event at Todd Beamer
High School on November 11th. The event is sponsored by the Noon Kiwanis and the Federal Way
Historical Society. She also reported on an upcoming event at St. Luke's Church.
Councilmember Celski reported he will be attending and participating in the Multi- Service Center's
"Helps" fundraising luncheon at Emerald Downs where the event program will focus on Veterans.
Councilmember Duclos reported she was disappointed to hear United Way will be reducing funding
for senior programs. She noted the next meeting of the Finance /Economic Development/Regional
Affairs Committee will be Tuesday, October 27th at 4:30 p.m.
Deputy Mayor Burbidge reported on her attendance at various regional meetings including the South
County Area Transportation Board where advanced transportation technology was discussed. She
also encouraged citizens to attend some of the many wonderful events in the arts including the free
concert at St. Luke's and the Crazy Quitters Show at the Aquatics Center which runs through the
weekend.
9. EXECUTIVE SESSION
The Council did not adjourn into Executive Session.
• Sale or Lease of Property pursuant to RCW 12.30.110(1)(c} canceled
10. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:20 p.m.
Attest:
a ie D. Courtney, CM
lerk
Approved by Council: / /- .3?0 /6--
Federal Way City Council Regular Minutes Page 6 of 6
October 20, 2015