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Council MIN 01-05-2016 RegularCITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall January 5, 2016 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at 7:06 p.m. City officials in attendance: Mayor Jim Ferrell, Councilmember Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, Assistant City Attorney Mark Orthmann, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE King County Councilmember Dave Upthegrove led the flag salute. 3. PRESENTATIONS a. Oaths of Office Position #1 - Councilmember Lydia Assefa- Dawson — King County Superior Court Judge Leroy McCullough thanked the Mayor and Councilmembers for their work on behalf of the city. He administered the Oath of Office and congratulated Councilmember Lydia Assefa- Dawson. Position #3 - Councilmember Susan Honda — Judge David Larson and Judge Rebecca Robertson administered the oath of office and congratulated her. Position #5 - Councilmember Mark Koppang — Mayor Ferrell administered the Oath of Office to Councilmember Mark Koppang and congratulated him. Position #7 - Councilmember Dini Duclos - Mayor Ferrell administered the Oath of Office to Councilmember Dini Duclos and congratulated her. b. Election of Deputy Mayor COUNCILMEMBER KOPPANG MOVED TO NOMINATE COUNCILMEMBER JEANNE BURBIDGE AS DEPUTY MAYOR; COUNCILMEMBER DUCLOS SECOND. Mayor Ferrell called for additional nominations; no additional nominations were received. Federal Way City Council Regular Minutes Page 1 of 7 January 5, 2016 The main motion passed unanimously (roll call vote) as follows: Councilmember Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes . Oath of Office for Deputy Mayor City Clerk Stephanie Courtney administered the Oath of Office to Deputy Mayor Jeanne Burbidge. At 7:27 p.m. Mayor Ferrell announced the Council will be taking a brief recess for a reception in honor of the newly elected Councilmembers and Deputy Mayor. The Mayor reconvened the meeting at 7:46 p.m. d. Proclamation: National Human Trafficking Awareness Day, January 11th Deputy Mayor Burbidge read and presented the Proclamation to Federal Way Coalition Against Human Trafficking member Brenda Oliver. She thanked the Mayor and Councilmembers for their ongoing support of this important issue. e. Certificates of Re- Appointment to the Steel Lake Management District Advisory Committee Councilmember Maloney read and presented Certificates of Re- Appointment to John Pearson, Mark Sabol, Tom Dezutter, and Margaret Rehyner to the Steel Lake Management District Advisory Committee. Ms. Rehyner thanked the Mayor and City Council and to the Surface Water Management Program and staff for their help and support with the upkeep of the lake. f. Mayor's Emerging Issues and Report • Living Holiday Tree Planted at Town Square Park Parks Director John Hutton reported on the recently planted 22 foot tall Nordman Fir at Town Square Park. The tree was planted into a specially made tree well and will slowly grow to 40 feet tall (can top out as high as 60'). The tree is from the Snohomish area and will be the sight of future Holiday Tree Lighting Celebrations. It currently stands over 26ft tall as it's planted. Mr. Hutton showed updated pictures from Town Square Park from different vantage points. • Performing Arts and Event Center Construction Update Will Appleton, Performing Arts and Event Center Project Manager gave a brief update on the project. He reviewed the schedule overview which includes construction duration of 540 calendar days with a completion date of summer 2017. Construction progress including site mobilization, erosion control measures are installed, and mass excavation is completed. Contractors are beginning formwork for footings including work for the Orchestra Pit, which is the lowest portion of the project. • 2016 Legislative Breakfast — January 6th at Federal Way Community Center Mayor Ferrell reminded and invited everyone to tomorrow's meeting with State Legislators. The doors open at 7:30 a.m. and the meeting begins at 8:00 a.m. Federal Way City Council Regular Minutes Page 2 of 7 January 5, 2016 • Martin Luther King Jr. Event — January 18th at Thomas Jefferson HS Community Services Manager Jeff Watson reported on the Martin Luther King Jr. Event which will be held at Thomas Jefferson High School on Monday January 18th at 10:00 a.m. Each year the Diversity Commission works with local students for this event. He introduced two students from Thomas Jefferson High School who spoke to the multi day celebration. The events include a school assembly on Friday; a Food Drive on Saturday; and Community Festival at Thomas Jefferson High School where the Mayor, Councilmember, and Dr. Tammy Campbell will be speaking, followed by the Day of Service on Monday, January 18th. The Mayor and Councilmembers collectively thanked the students for their hard work on these events. • State of the City Address & City Council Annual Retreat Mayor Ferrell reminded everyone of the upcoming State of the City Address hosted by the Federal Way Chamber of Commerce at the Twin Lakes Golf and Country Club on February 3`d. He also noted the City Council Annual Retreat is scheduled for Saturday, February 20th at Dumas Bay Centre beginning at 8:30 a.m. The Mayor was also pleased to announce he was recently elected to the Sound Cities Association (SCA) Board of Directors and as the Chair of Valley Communications Board. 4. CITIZEN COMMENT Laurie Beaver spoke in concern over youth /student homelessness. She asked the Council to work towards creating resources in the community for students. She currently runs a program and the number of students who are not only homeless, but have no family connect is staggering. She would like to see a safe place for them in Federal Way, and she would be willing to work together with the city to find a solution. Multiple Councilmembers thanked Ms. Beaver for her passion and emotion on youth homeless issue. They support this idea and agree there is a need in the community. Councilmembers asked this be added to a Council Committee and the City Council Retreat Agenda for more discussion and planning. Maria Valenzuela Lewis, spoke on behalf of herself and neighbors Ron and Shelley Zaffino and Nancy and Tad Papineau regarding construction in her neighborhood which they feel is adversely effecting their homes and properties. She stated the ongoing and lengthy construction and excavation process is causing damage and they are requesting an independent engineering firm assess their properties for damage. Betty Taylor, requested the City Council Annual Retreat (Saturday, February 20th) be video recorded. She also encouraged citizens to attend special education workshop for parents with special needs children; the workshop empowers parents and will be held on January 16th 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: December 1, 2015 Regular Meeting Minutes Federal Way City Council Regular Minutes Page 3 of 7 January 5, 2016 b. 2015 Surface Water Management Capital Improvement Program Update c. South 356th Street Regional Detention Facility Retrofit Project — Project Acceptance d. 2016 -2017 Neighborhood Traffic Safety (NTS) Program — Rejection of Bids e. Acceptance of Water Quality Stormwater Capacity Agreement f. Acceptance of the King County Flood Control District Sub - Regional Opportunity Fund Award g. Grant Funding for Transportation Improvement Projects — Authorization to Accept Grant Funding h. S 352nd Street Extension from Enchanted Parkway South to Pacific Highway South Project — Bid Award i. State Participating Agreement — Pacific Highway S HOV Lanes Phase V DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. COUNCIL BUSINESS a. 2016 City of Federal Way Federal and State Legislative Priorities Community Outreach Coordinator Steve McNey highlighted the issues which are important to the city during this Legislative Session. He noted this is a short session and gave a brief overview of each of the categories which will be discussed at tomorrow morning's breakfast meeting. Categories include: Public Health and Environment; Community Development; Veterans Monument; Economic Development; Transportation; and Public Records Reform. Council thanked Mr. McNey for the great job on this document asked questions regarding the FAA and the airplane noise issue. Chief of Staff Brian Wilson responded the city is currently continuing the process of review and discussion with both the FAA and the Airport and the options available. He feels there has been a good amount of discussion and dialog and is impressed with how informed our citizens are on this issue. He noted the city will continue to work on this issue in 2016 including bringing in state and federal partners. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE 2016 FEDERAL AND STATE LEGISLATIVE PRIORITIES AS PRESENTED; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes b. Expiration of Temporary Suspension of Impact Fees for Change in Use Senior Traffic Engineer Sarady Long gave a brief PowerPoint presentation on this item. Mr. Long noted the city collects impact fees on all development projects including redevelopment of existing buildings from one use to another if the change increases the number of trips generated. In 2011, the Federal Way City Council Regular Minutes Page 4 of 7 January 5, 2016 city passed a 3 year temporary suspension of these fees due to the economic downturn. This suspension was extended for an additional one year to analyze the data. This temporary suspension expired on December 31, 2015. He noted the City of Kirkland was the only other agency implementing this type of suspension and they have ended their program. Councilmember Maloney noted the December Land Use Council Committee meeting had a good discussion and felt they should not extend the temporary suspension of the TIF. Councilmember Assefa- Dawson agreed with Councilmember Maloney that they not extend the temporary suspension another year. Councilmembers also agreed attracting businesses to the city is a delicate balance. Mayor Ferrell asked Economic Development Director Tim Johnson to speak to this issue. Mr. Johnson stated developers are not specifically looking at these fees. COUNCILMEMBER MALONEY MOVED TO ALLOW THE TEMPORARY SUSPENSION OF IMPACT FEES FOR CHANGE OF USE TO EXPIRE ON DECEMBER 31, 2015 AND HAVE STAFF REPORT BACK TO LUTC BEFORE THE END OF 2016 WITH QUANTIFIABLE DATA AS TO THOSE BUSINESSES THAT DID NOT MOVE FORWARD WITH DEVELOPMENT BECAUSE OF THE IMPACT FEES; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge ,yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes c. Appointment to Parks and Recreation Commission to fill unexpired term COUNCILMEMBER HONDA MOVED TO APPOINT DAWN COGGINS TO THE PARKS AND RECREATION COMMISSION TO FILL AN UNEXPIRED TERM THROUGH APRIL 30, 2018; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 7. ORDINANCES First Reading a. Council Bill # 698 /Ordinance Amending Federal Way Revised Code (FWRC) Chapter 19.45 - Variances AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO VARIANCES; AMENDING FWRC 19.45.010 AND 19.45.020; AND ADDING A NEW SECTION TO CHAPTER 19.45 FWRC. (AMENDING ORDINANCE NOS. 90-43 AND 97- 291) Senior Planner Matt Herrera gave Council a brief background on this item. He noted the proposal would provide administrative variances to the zoning provision as an alternative to conducting a public hearing and having the Hearing Examiner issue the decision. He noted this is a procedural amendment only and no substantive changes to policy are proposed. He noted the Land Use & Transportation Committee expressed some concern over adequate public notice and the committee recommendation provides for two public notice periods. The Mayor's recommendation is to allow administrative variances for requests that do not exceed 25% of the measurable standard. City Clerk Stephanie Courtney read the ordinance title into the record. Federal Way City Council Regular Minutes January 5, 2016 Page 5 of 7 COUNCILMEMBER MALONEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO SECOND READING /ENACTMENT AT THE NEXT REGULAR MEETING; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously as follow: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes b. Council Bill #699 /Ordinance Amending Federal Way Revised Code (FWRC) Related to Permits for Encroachments into the Public Right -of -Way Adding a New Section to Chapter. 4.25 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ADDING A NEW SECTION TO CHAPTER 4.25 FWRC RELATING TO PERMITS FOR ENCROACHMENTS INTO THE PUBLIC RIGHT -OF -WAY. Assistant City Attorney Mark Orthmann gave Council a brief background on this Council Bill. He noted the Federal Way Revised Code does not allow removable, nonpermanent additions to buildings — such as awnings and canopies — to encroach into the public right -of -way. Allowing such encroachments would enhance the aesthetics of new development in the city and improve weather protection for citizens on public sidewalks. This amendment would create a permitting process for such encroachments and require applicants to acquire insurance and indemnify the City. The Mayor recommends approval of the proposed ordinance. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER MALONEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO SECOND READING /ENACTMENT AT THE NEXT REGULAR MEETING; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follow: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 8. COUNCIL REPORTS Councilmember Assefa- Dawson noted she is honored and grateful to be elected. Councilmember Maloney congratulated her colleagues and peers on their elections to Council and as Deputy Mayor. Councilmember Honda congratulated Carrie Rodriguez at the Federal Way Mirror who has received a promotion and will be no longer covering Federal Way. She congratulated everyone who was elected not only in Federal Way but in our neighboring areas and districts. She announced the next meeting of the Parks, Recreation, Human Services and Public Safety Council Committee would be January 12th. She also reported on the 9th annual Korean day celebration at King County Aquatic Center, and stated it was an honor and a privilege to be a member of the Federal Way City Council. Councilmember Koppang agreed it is an honor and a privilege to be elected. He looks forward to finding the best solutions and working together; he thanked his colleagues for the warm welcome. Federal Way City Council Regular Minutes Page 6 of 7 January 5, 2016 Councilmember Moore noted he is very impressed with the last Human Services Council Committee meeting and wished everyone a Happy New Year. He is looking forward to continuing to serve and echoed his colleagues comments, he feels lucky and fortunate to be able to serve as a voice of the people. He congratulated the new Councilmembers and Deputy Mayor and looking forward to working with everyone. Councilmember Duclos thanked the Historical Society who gave her a copy of their document which is a historical timeline of Federal Way from 1792. She noted it is a fantastic piece of research; its easy to read and encouraged everyone to get a copy. Deputy Mayor Burbidge announced the next meeting of the Lodging Tax Advisory Committee will be in February and will be the annual retreat; the Subcommittee will be meeting in January. She expressed her appreciation to the Council by allowing her to serve another term as their Deputy Mayor. She has tremendous respect for the City Council and the city staff and management. 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:38 p.m. Attest: a ie D. Courtney, CMC Jerk Approved by Council: 0I 'I' -XI(.' Federal Way City Council Regular Minutes Page 7 of 7 January 5, 2016