Council MIN 07-19-2016 RegularFederal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
July 19, 2016 — 7:00 p.m.
www. cityoffed eral wa y. com
1. CALL MEETING TO ORDER
Mayor Ferrell called the Regular Meeting to order at 7:02 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor 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, Acting City Attorney Ryan Call, and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Parks Director John Hutton led the flag salute.
3. PRESENTATIONS
a. Proclamation "National Friendship Day — August 7, 2016"
Mayor Ferrell read and presented the proclamation to Nick Wilson and Skyler "SkyMan" Nichols. Both
thanked the Mayor and Council for the recognition of the importance of recognizing the friends in our
lives. They invited everyone to a Friendship Day BBQ on August 7th.
b. Proclamation "Salute to Boeing — 100 Years"
Councilmember Maloney read and presented the proclamation to Jesse Uman, Boeing Manager of
State and Local Government Relations. The Proclamation recognizes the significant contribution
Boeing has made over the last 100 years to the Puget Sound area. Mr. Uman thanked the Mayor and
Council for the Proclamation on behalf of the entire company and its employees. He thanked the
many men and women who are dedicated to the company and to their communities.
c. Volunteer Recognition
Councilmember Assefa- Dawson read and presented a Certificate of Recognition to Northwest Church
Pastor Charles Steven Schell for his service to the community. Human Services Commissioner Jan
Owen noted since 1991, Pastor and Mary Schell have encouraged his congregation and the
community to get involved in public service through various programs at the church. Pastor Schell
humbly thanked the Mayor and Council but noted he simply gets to watch these programs; he
recognized multiple individuals from his congregation for the programs they run for youth and families
in the community.
Federal Way City Council Regular Minutes Page 1 of 7
July 19, 2016
d. Certificates of Appointment — Diversity Commission
Councilmember Koppang read and presented the Certificate of Appointments to newly re- appointed
Diversity Commissioners Hiroshi Eto; Trenise Rogers; William Yi; and Randall Smith. Commissioners
not present this evening will receive their certificate through the mail.
e. Mayor's Emerging Issues and Report
• Town Square Park Grand Opening Report
Parks Director John Hutton reported on the Grand Opening Celebration of Town Square Park
held Saturday, July 9th. It was a wonderful, well- attended event with families enjoying the new
park and playground equipment, the Splash Park, live music, vendors and sponsor tents. He
highlighted his report with various photos from the event.
• Summer Movies in the Park
Parks Director Hutton was also excited to announce the first of two movies in the park this
summer, will be the movie "Pan" on July 30th at 9:00 p.m. at Town Square Park. This event is
free to the community and is a great family event.
• National Night Out — August 2nd
Deputy Chief Steve Neal reported National Night Out is Tuesday, August 2nd, 2016. The
Police Department has been in contact with many neighborhoods that have events and block
parties planned. Mayor Ferrell noted the Council has rescheduled their August 2nd Council
meeting so they can participate in these neighborhood events.
• August City Council Meeting Schedule
Mayor Ferrell restated the August 2nd Council meeting has been rescheduled to August 9,
2016 to allow participation in National Night Out events. He also reminded everyone the
second meeting in August (August 16th) has been cancelled to allow for staff and Council
summer vacations.
4. CITIZEN COMMENT
Bob Woolley, noted he first appeared before Council on February 17th with the Boy Scouts who spoke
regarding Camp Kilworth. He also noted his continued struggle regarding the toxic conditions on Lake
Jeane, and is asking for help from the Mayor to correct the public nuisance. He also displayed water
samples and pictures of the lake conditions. He asked for a written response.
Chief of Staff Brian Wilson reported on the steps the city has taken to date, and discussed the
pending lawsuit filed by lakeside residents against the Golf Club. He has been informed the
Club has obtained a permit to treat the lake from the Department of Ecology, and in order to
administer the treatment there must be a specific level of toxicity in the lake. He
acknowledged the lakeside residents would like to see preventive measures instead of
treating, however the ordinance Mr. Woolley has proposed may have over - reaching
unintended consequences. He reported staff continues to research this issue and there may
be avenues the city may be able to take should the Club continue to be nonresponsive.
Federal Way City Council Regular Minutes Page 2 of 7
July 19, 2016
Councilmembers voiced individual concerns with the conditions of the lake, and asked about
the breakdown in communications between the parties. Chief of Staff noted the city continues
to attempt to meet with both parties to come to mutual resolution.
Rose Ratteray, enthusiastically thanked the entire Police Department, including the Police Chief and
Deputies. She reflected on having her car stolen recently and how many members of the Police
Department went above and beyond with their service. She encouraged everyone to show support,
respect, and appreciation and stated that the Police Department in Federal Way is wonderful.
Deputy Chief Steve Neal spoke to the Automatic License Plate Readers, which aids in
locating stolen vehicles. He noted they are able to read 60,000 plates a month and connects
with the system to give the officer an alert. Councilmember Maloney thanked Rose for coming
out and speaking about our wonderful department and our officers.
Betty Taylor, spoke regarding National Night Out- an annual campaign to make our neighborhoods
safe. She would like to see a city wide event held to get people out of their neighborhoods and
connecting as a city. She suggested an event at Town Square Park.
Mayor Ferrell thanked Ms. Taylor for the suggestion, and stated he believes the idea is to
decentralize the gatherings and get citizens out talking to neighbors and connecting. He along
with Councilmembers and members of the Police Department divide and make every effort to
attend all the events they have been invited too.
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: July 5, 2016 Regular and Special Meetings
b. Sacajawea Middle School Safe Routes to Schools — Bid Award
c. Submittal of Transportation Grant Applications
d. Laser Technology, Inc. TruSpeed Mapping Kit Crime Scene Documentation & Collision
Reconstruction Equipment Purchase & Replacement Reserve Fund
e. Reallocation of Red Light Traffic Safety Cameras to School Zone Traffic Safety
Cameras
f. Edward Byrne Memorial Justice Assistance Grant (JAG) Program for FY 2016
g. CHI Franciscan Health Violence Prevention Initiative Youth Safety Mini -Grant
h. King County Registered Sex Offender Cost Reimbursement Agreement
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT AGENDA ITEMS A THROUGH
H AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as
presented:
Deputy Mayor Burbidge yes Councilmember Koppang 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 7
July 19, 2016
6. PUBLIC HEARING
At 8:19 p.m. Mayor Ferrell opened the Public Hearing.
a. Abatement Cost Recovery - Garner
• Staff Report — Scott Sproul, Interim Community Development Director
• Citizen Comment
• Council Questions /Discussion
Interim Community Development Director Scott Sproul gave a brief report regarding the ongoing and
long term violations on the Garner property. He noted the final step in the abatement process is to put
a lien on the properties to recover costs incurred by the City. In 2014 a Notice of Violation (NOV) was
filed for Mr. Garner's properties. Mr. Garner appealed his case to both the city's Hearing Examiner
and to the Superior Court with the city prevailing in both instances.
On August 17, 2015 staff moved forward with abatement of the properties to remove all junk vehicles,
and debris; total cost incurred was $38,878.21. Pursuant to FWRC 1.15.080, staff is requesting
authorization to place a tax lien on three properties (with the violations) to recover the abatement
costs of $38,878.21. The following is a breakdown per parcel:
• Parcel #515220 -0095 ($21,638.79)
• Parcel #515320 -0090 ($11,689.00)
• Parcel #072104 -9190 ($ 5,550.42)
Council asked for clarification regarding the total cost. Mr. Sproul clarified the total cost is for the three
properties. Acting City Attorney Ryan Call reiterated this is the last step in the ongoing process to
clean up this property. Staff cannot recover the costs without the Council authorizing the tax lien.
Citizen Comment:
Rose Rattary (no comment sheet), asked for clarification regarding the process of recovering the
$38,000.
Charles Garner (no comment sheet) spoke to the council regarding his history and his objections to
the tax lien. He views the Council as the protector of the city and he is the protector of individual
rights.
Acting City Attorney Ryan Call spoke to the question before Council. He noted staff is requesting
authorization to place the tax lien on the properties to recover the costs already paid by the city to
clean up the properties. Mr. Garner's appeals on the merits of the case have been heard and the
city's case was upheld both times. The final step in this process is cost recovery.
COUNCILMEMBER DUCLOS MOVED TO CONFIRM THE AMOUNT OF $38,878.21 ASSESSED
AGAINST MR. CHARLES GARNER AND TO AUTHORIZE STAFF TO RECORD LIENS ON EACH
LAND PARCEL AS RECOMMENDED IN THE STAFF REPORT; 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
Federal Way City Council Regular Minutes Page 4 of 7
July 19, 2016
COUNCILMEMBER DUCLOS MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER
MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
The Public Hearing was closed at 8:44 p.m.
7. ORDINANCES
First Reading
a. Council Bill #709 /Amendinq Title 19, Federal Way Revised Code (FWRC)
Impact Fee Collection Deferral Program
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
AN IMPACT FEE PAYMENT DEFERRAL PROGRAM; AMENDING FWRC 19.91.060,
19.95.050, 19.100.060, AND 19.100.070; REPEALING FWRC 19.91.065; AND ADDING
NEW SECTIONS TO CHAPTERS 19.91, 19.95, AND 19.100 FWRC. (Amending
Ordinance Nos. 90 -39, 95 -249, 97- 293,09 -627, 10 -658, 11 -710, 12 -727 AND 15 -783)
Senior Planner Jim Harris gave a brief presentation regarding this code amendment. State Law
passed in 2015 requires cities to adopt and impact fee collection deferral system by September 1,
2016. This Impact Fee Collection Deferral Program is applicable to school and transportation impact
fees. Under the new program, developers may request delays in the payment of impact fees until final
inspection; issuance of the Certificate of Occupancy; and /or the closing of the first sale of the
property.
He reviewed current practice with the existing code and the proposed Federal Way Revised Code
Amendments. Consistent with new state law the term of deferral is up to 18 months from issuance of
the building permit and the amount is determined by the fee in place at the time of application.
Deferral is limited to the first 20 single - family residential permits, annually per applicant and the
applicant must record a lien against the property in favor of the city. The City and School District are
authorized to institute foreclosure proceedings against the property, if the fees are not paid.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER MALONEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
AUGUST 9TH, 2016 CITY COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows:
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 Duclos gave a "shout -out" to staff on the amazing job with the new Town Square
Park; she feels it is a wonderful park for everyone and she had great fun testing out the zip line! She
recently enjoyed walking 5 laps (one mile) on the pervious pavement around the park. She also is
very pleased with the informational and educational signage at the park. She reported the next
meeting of the Finance, Economic Development, Regional Affairs Committee will be Tuesday, July
Federal Way City Council Regular Minutes Page 5 of 7
July 19, 2016
26th at 4:30 p.m.
Councilmember Moore noted this is his last Council Meeting before becoming a married man. He
reported on attending the most recent Diversity Commission meeting and is proud of the citizen
commissions and the work they do dealing with complex issues. He is also excited for Town Square
Park and the investments the city is making in bringing people together and creating a downtown. He
thanked those that gave public comments tonight; and also thanked the Police Department for the
new youth program.
Councilmember Koppang also spoke about Town Square Park and the efforts of staff, the Council,
and the Parks Commission. He thanked the Commissioners for their vital role they play in assisting
Council. He also attended the most recent Diversity Commission and was pleased by the
representation of the Commissioners on behalf of the community.
Councilmember Honda attended the Chamber breakfast at the King County Aquatics Center; and
reported on upcoming theatrical performances by Holly Rose and Rosebud Theatre. She also
reported "Safety Day" at the Federal Way Farmers Market was again successful; fitting 190 children
with free bicycle helmets. There will be a 12th Man Fan Rally on Saturday, July 22nd from Pierce
County to Century Link Stadium; a portion of the funds raised will benefit the day center. She
reminded of the 60th Annual Kiwanis Salmon Bake at Steel Lake Park; one of the longest running
events in the city. She attended the recent community prayer vigil, and asked everyone to lift up our
first responders and their families in their thoughts.
Councilmember Maloney thanked the Mayor and Council for the Boeing Proclamation given this
evening; she noted the significant contributions Boeing has made to the community as a large
employer in the region. She noted she will be speaking at the September Chamber Luncheon
regarding the Aerospace Futures Alliance. She also reviewed the University Initiative Needs
Assessment, and is looking forward in continued momentum on this project. The next meeting of the
Land Use /Transportation Committee will be Monday, August 1st at 5:00 p.m.
Councilmember Assefa- Dawson also enjoyed the Town Square Park opening. She was pleased to
see the Advancing Leadership Youth artwork project (created by each high school) and showcases
the word "Welcome" in all of the many languages spoken throughout the district. She recently
attended a prayer vigil for those impacted in the community and our nation. She reported on a press
release from Comcast and HUD announcing the expansion of the Internet Essentials Program for low
income families and individuals; she feels this will help students and those looking for employment.
Deputy Mayor Burbidge added to the previous positive comments regarding Town Square Park; she
feels it is another jewel along with our other outstanding parks. She also attended the prayer vigil last
night and was pleased that Steel Lake Presbyterian will be expanding to all faith communities for the
next event. She is looking forward to National Night Out and reported on the South County Area
Transportation Board meeting where they discussed 1 -405 tolling experiences and challenges. She
encouraged everyone to attend some of the many outstanding community events and local
performances. She will be attending the 60th Annual Kiwanis Salmon Bake at Steel Lake Park on
Friday.
9. EXECUTIVE SESSION
At 9:14 p.m. Mayor Ferrell announced the Council would be recessing into Executive Session for
the purpose of discussing Property Acquisition pursuant to RCW 42.30.110(1)(b).
• Property Acquisition Pursuant to RCW 42.30.110(1)(b)
Federal Way City Council Regular Minutes Page 6 of 7
July 19, 2016
Council returned to Chambers at 9:34 p.m.
10. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:35 p.m.
Attest:
Ste ,'= n - Courtney
City Clerk
Approved by Council: O qc
Federal Way City Council Regular Minutes Page 7 of 7
July 19, 2016