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Council MIN 05-16-2017 RegularCITY OF � Federal Way CITY COUNCIL REGULAR MEETING MINTUES Council Chambers — City Hall May 16, 2017 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:04 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and Deputy City Clerk Jennifer Marshall. 2. PLEDGE OF ALLEGIANCE The students in attendance for the Student Art Contest led the flag salute. 3. PRESENTATION a. Federal Way Municipal Court and Arts Commission present Student Art Contest Winners Arts Commission Vice Chair Vickie Chynoweth explained that this competition is sponsored by the Arts Commission and the Federal Way Municipal Court Judges David Larson and Rebecca Robertson. The winning art pieces will be displayed in the courthouse. Judge Larson provided specifics regarding the competition, including the theme of "What Liberty Means to Me" and that there were seventy -nine entries. He introduced the winners with Judge Robertson providing certificates and prizes. • Elementary School 3rd Place Jaden Swenhaugen, 4th grader at Sherwood Forest 2nd Place Riley Swenhaugen, 2nd grader at Sherwood Forest 1st Place Aaliya Sparrow, 3rd grader at Star Lake • Middle School 3rd Place Mackenzie Woodrow Gibson, 6th grader at Illahee 2nd Place Kevin E. Urite, 6th grader at Sacajawea 1st Place Mae Dueck, 6th grader at Sequoyah • High School 3rd Place Dominique Tung, 10th grader at Todd Beamer 2nd Place Jamir Jackson, 11th grader at Federal Way 1st Place Serena Kim, 11th grader at Decatur Federal Way City Council Regular Minutes Page 1 of 9 May 16, 2017 b. Certificates of Appointment • Lodging Tax Advisory Committee Deputy Mayor Burbidge read the Certificate of Appointment for the most recently appointed commissioner and indicated that it would be provided via the mail as he was unable to be in attendance. • Parks and Recreation Commission Councilmember Koppang read and presented Certificates of Appointment to recently appointment Commissioners of the Parks and Recreation Commission. c. Proclamation: Relay for Life of Federal Way - June 3 at Saghalie Middle School Councilmember Duclos read and presented the Relay for Life of Federal Way Proclamation to Deborah Davidek, Federal Way Team Lead. d. Mayoral Proclamation: Police Week - May 14 -20 Mayor Ferrell read and presented the Police Week Proclamation to Chief Andy Hwang and other officers in attendance. Chief Hwang expressed appreciation for the level of support received from elected officials and citizens in the community. e. Briefing regarding Airport Noise & Environmental Impacts • Quiet Skies Coalition (Burien) Mr. Larry Cripe, a retired Alaska Airlines captain, shared the events which lead to the formation of the Quiet Skies Coalition. The group started informing, educating, and empowering hundreds of concerned citizens who joined together with the City of Burien to file a lawsuit against the Federal Aviation Administration (FAA). They continue to fight for the Puget Sound region regarding the ongoing growth at the SeaTac Airport. • Quiet Skies Puget Sound (Des Moines) Mr. Steve Edmiston spoke regarding the power of community engagement and shared that Quiet Skies Puget Sound's mission is to protect quality of life in response to airport noise and potential negative health risks. He shared statistics demonstrating the number of flights has increased in the region and it is not only a change in perception. • Federal Way Mayor's Quiet and Healthy Skies Task Force Mr. John Resing of the Federal Way Mayor's Quiet and Healthy Skies Task Force introduced individuals on the Task Force. He outlined their purpose; focusing on airport noise, health, litigation, and legislation. It is anticipated a report will be presented to City Council in December of this year. Mayor Ferrell and Councilmembers thanked the representatives for their presentations and collective work on these issues. It was suggested that the coalitions work together; joined voices are stronger. f. Mayor's Emerging Issues and Report • South King County Regional Leadership Meeting on Gang Violence and Violent Crime Federal Way City Council Regular Minutes Page 2 of 9 May 16, 2017 Mayor Ferrell co- convened a meeting with Mayor Backus of Auburn on May 9 at City Hall. In attendance were South King County Police Chiefs, Mayors, and City Administrators: there was near unanimous participation with only 2 -day notice. • Spring Neighborhood Connection Meeting Mayor Ferrell announced the Spring Neighborhood Connection Meeting will take place at 6:00 p.m. on June 14 at Decatur High School. • Touch -a -Truck Event Parks and Recreation Director John Hutton announced the annual Touch -a -Truck Event is scheduled for May 20 and anticipates a large variety of vehicles and activities for all ages. • Town Center Park Splash Park Opening Parks and Recreation Director John Hutton announced the Town Center Park Splash Park will be opening May 27 and will be active every day through Labor Day Weekend, as weather permits. • Community Events: Mayor Ferrell announced the Federal Way Farmers Market Opening on May 13, the Korean Cultural Month Appreciation Luncheon at City Hall on May 19 at 11:30 a.m., the FWCAT Break the Chains 5K on May 20, and the Blue Poppy Day Celebration on May 20. He also announced the Grand Opening of the Performing Arts and Event Center (PAEC) on August 19 with the first performance scheduled for September 9. 4. CITIZEN COMMENT Mandy Hea Ma has worked with the Korean - American community for over 30 years which includes ethnic seniors as well as refugees. She wants to continue to serve and is expecting City of Federal Way support. Kwi -Hyunq Kanq, Vice - President of Evergreen Senior Club, expressed appreciation to the Community Center and city for their support of the club. TaShawna Nash thanked the Puget Sound Business Journal for their recent article which referenced the former - Weyerhaeuser Campus. She and her neighbors are excited about the potential of a top - caliber company relocating to this campus. Richard Pierson spoke in response to the proposed Growth Management Forested Buffer plan proposed by Industrial Realty Group (IRG). He requested the city not adopt the plan until questions and concerns are answered. Mark Greene shared concerns regarding circumstances in our nation which have led to businesses relocating to foreign destinations in order to avoid taxation. Suzanne Vargo shared her experience with the low- flying airplanes and is concerned regarding the health risks to citizens as well as the habitat, particularly the Hylebos basin. Letter read into the record from Roger Flyqare regarding handicapped parking within Federal Way. Mayor Ferrell asked Community Development Director Brian Davis to briefly respond. Federal Way City Council Regular Minutes Page 3 of 9 May 16, 2017 Letter read into the record from William Yi regarding the Multi - Family Housing Zoning Amendments and moratorium. Letter read into the record from Judy Zurilgen regarding the potential for the low- flying airplanes to cause landslides due to the increased vibrations on rain - saturated slopes. Letter read into the record from Susan Moss regarding challenges encountered by her company in relation to a homeless encampment near South 348 Street and 9 Avenue South. Letter read into the record from Yako Liu regarding challenges encountered by his company in relation to a homeless encampment near South 348 Street and 9 Avenue South. Mayor Ferrell indicated that the Police Department would reach out to Ms. Moss and Mr. Liu regarding their letters. 5. CONSENT AGENDA a. Minutes: May 2, 2017 Regular and Special Meeting b. 21st Ave S (S 320th St to S 316th St) Pedestrian Improvements — Bid Award c. Resolution: Setting Public Hearing Date for 2018 -23 Transportation Improvement Plan APPROVED /RESO #17 -719 d. Submittal of Transportation Grant Application e. New Cingular Wireless PCS, LLC Site Lease Agreement - Saghalie Park Location f. Grant Agreement between FWPD and the Washington Auto Theft Protection Authority (WATPA) for Automatic License Plate Recognition (ALPR) Replacement DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT AGENDA ITEMS A THROUGH F 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 Celski yes Councilmember Duclos yes Councilmember Honda yes 6. PUBLIC HEARING a. 2017 Program Year Community Development Block Grant (CDBG) Annual Action Plan Mayor Ferrell opened the Public Hearing at 8:37 p.m. • Staff Presentation: CDBG /Human Services Coordinator Sarah Bridgeford provided an overview of the 2017 Annual Action Plan for the Community Development Block Grant Program Year. The objective of this plan is to improve and expand affordable housing options, expand businesses to create jobs, strengthen neighborhoods, and meet community needs. The allocations presented are based upon the 2015 award amount with a contingency included for an increase or decrease. Allocations are planned as follows: Planning and Administration 20% Capital (CERF) 65% Public Services 15% Federal Way City Council Regular Minutes Page 4 of 9 May 16, 2017 • Citizen Comment — none given • Council Discussion /Question Councilmembers thanked Ms. Bridgeford and Mr. Watson for their work and asked various clarifying questions including the existence of fund carry-over from previous years, the relation of the Section 108 Loan for the Performing Arts and Event Center (PAEC) to this allocation of money, and if CDBG Funds can help homeless individuals and families. COUNCILMEMBER KOPPANG MOVED TO CLOSE THE PUBLIC HEARING FOR THE 2017 PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes COUNCILMEMBER KOPPANG MOVED TO APPROVE THE 2017 CDBG ANNUAL ACTION PLAN WITH THE HUMAN SERVICES COMMISSION RECOMMENDATIONS AND AUTHORIZE THE MAYOR TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PLAN INCLUDING FUNDING AGREEMENTS WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; COUNCILMEMBER DUCLOS SECOND. Councilmember Assefa- Dawson recused herself due to a potential conflict of interest. The motion passed 6 -0 (Councilmember Assefa- Dawson recused) as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson recused Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 7. COUNCIL BUSINESS a. Resolution: Accept New Markets Tax Credit APPROVED /RESO #17 -720 Finance Director Ade Ariwoola shared excitement to be at this point of the process and introduced Alan L. Pasternack with Butler Snow and Sara Roeder Pietka, Vice President of Roeder & Company LLC. Mr. Ariwoola presented a Powerpoint overviewing the NMTC Program process and explained that the proposed resolution is to authorize the funding of an NMTC financing transaction to provide funds for the Performing Arts and Event Center (PAEC) and is comprised of three sections: • Establishes parties involved. • Authorizes the Mayor to execute necessary documents. • Contains standard language about severability, corrections, and ratification. Council thanked all three presenters for the information and asked clarifying questions in regards to figures presented, the risks associated with moving forward, and ongoing obligations involved with this transaction. Federal Way City Council Regular Minutes Page 5 of 9 May 16, 2017 COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED RESOLUTION RELATING TO THE NEW MARKETS TAX CREDITS FINANCING TRANSACTION; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes b. Diversity Commission Appointments COUNCILMEMBER KOPPANG MOVED TO APPOINT THE FOLLOWING PEOPLE TO THE DIVERSITY COMMISSION: GREGORY BARUSO TO FILL A VOTING POSITION EXPIRING MAY 31, 2020; SELA KENNEDY TO FILL VOTING POSITION EXPIRING MAY 31, 2020; THOMAS LEONARD TO FILL A VOTING POSITION EXPIRING MAY 31, 2020; AND NICHELLE SHELLEY TO FILL VOTING POSITION EXPIRING MAY 31, 2019: COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes c. Rescheduling of August 1, 2017 Regular Council Meeting Mayor Ferrell explained the tradition of rescheduling the first meeting in August to enable the Mayor, Councilmembers, and staff to participate in National Night Out. DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULE 2.1(1) FOR THE PURPOSES OF RESCHEDULING THE AUGUST 1, 2017 CITY COUNCIL REGULAR MEETING TO AUGUST 8, 2017; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes d. Cancellation of August 15, 2017 Regular Council Meeting Mayor Ferrell further explained that in the past the second meeting in August has been canceled to accommodate the Mayor, Councilmembers, and staff taking vacations. DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULE 2.1(1) FOR THE PURPOSES OF CANCELING THE AUGUST 15, 2017 CITY COUNCIL REGULAR MEETING; 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 Celski yes Councilmember Duclos yes Councilmember Honda yes Federal Way City Council Regular Minutes Page 6 of 9 May 16,2017 8. ORDINANCES First Reading a. Council Bill #724 /Amendment and Adoption of NFPA 130 Standard for Fixed Guideway Transit and Passenger Rail Systems Current Addition AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO CONSTRUCTION STANDARDS FOR FIXED GUIDEWAY TRANSIT AND PASSENGER RAIL SYSTEMS AND ADDING NEW SECTIONS TO CHAPTER 13.31 FWRC. Building Official Scott Sproul overviewed the National Fire Protection Association (NFPA) 130 and purpose for the proposed adoption. The International Building Code (IBC) does not address elevated stations as unique structures which be problematic during design and permitting. It is more appropriate to use NFPA 130 to determine occupant loads and means of egress requirements for these stations due to the simultaneous loading and unloading of trains. Deputy City Clerk Jennifer Marshall read the ordinance title into record. COUNCILMEMBER CELSKI MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE NEXT REGULAR CITY COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes Second Reading b. Council Bill #723 /Adoptinq Code Amendments Related to Multi - Family Dwelling Units, Senior Housing, and Special Needs Housing APPROVED /ORD #17 -834 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING CODE AMENDMENTS RELATED TO MULTIFAMILY DWELLING UNITS, SENIOR HOUSING, AND SPECIAL NEEDS HOUSING; AMENDING FWRC 19.05.040, 19.05.120, 19.115.030, 19.115.060, 19.115.115, 19.125.150, 19.200.100, 19.205.040, 19.205.070, 19.215.050, 19.220.050, 19.220.080, 19.225.070, 19.230.060; REPEALING FWRC 19.240.150; AND ADDING NEW SECTIONS TO CHAPTERS 19.115 AND 19.215 FWRC. (AMENDING ORDINANCE NOS. 90 -43, 93 -170, 94 -233, 96 -270, 97 -291, 99- 333, 00 -375, 01 -385, 01 -399, 02 -424, 03 -450, 05 -506, 06 -515, 06 -542, 07 -545, 07 -554, 07 -559, 10 -678, 12 -727, AND 12 -735) Deputy City Clerk Jennifer Marshall read the ordinance title into record. COUNCILMEMBER CELSKI MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER SECOND. Council thanked the Planning Commission and staff for their work on this ordinance and the associated amendments. Discussion ensued regarding next steps and the need for additional amendments to these standards. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes Federal Way City Council Regular Minutes Page 7 of 9 May 16, 2017 9. COUNCIL REPORTS Councilmember Assefa- Dawson will be unable to attend the May 20 events due to her son's graduation from Northwest University. She attended the signing of the Sexual Assault Protection Bills by Governor Inslee which took place at City Hall. She also attended the South County Area (SCA) Economic Development Summit at Microsoft which focused on the region and provided a strategy overview. She shared the Best Start for Kids showcase will come to Federal Way on May 18. Councilmember Celski will also be celebrating the graduation of his son from Northern Arizona University. He thanked Sound Transit for their outreach and for the conversations they had with Councilmembers. It is important that these conversations continue as Sound Transit will have a large impact on this community. Councilmember Honda will attend Blue Poppy Days at the Rhododendron Gardens on Saturday, May 20. She also plans to attend the Surrender our Struggles, Save our Streets March which is being put on by the Thomas Jefferson High School. She will also attend the King County Domestic Violence Initiative meeting on May 18 which will tour the DAWN facility; followed by the King County Board of Health Meeting in Seattle. On May 17 she will participate in an Affordable Housing Workshop at Highline Community College. Councilmember Koppang noted that a lot of major initiatives are ongoing within the City. He shared that the Parks, Recreation, Human Services, and Public Safety Committee (PRHSPS) is focusing on the ten recommendations provided by the Violence Prevention Coalition Steering Committee (VPCSC) and invited continued participation from the community. He thanked Sound Transit for making an effort to better communicate with Council. Councilmember Moore is appreciative that Mayor Ferrell arranged the meeting of south end leaders. He shared his concerns in regards to Community Caregivers and their need for a location in which to complete their mission to feed the hungry. He shared that he wants to open doors for working families and youth through increased apprenticeship utilization. AT 9:57 P.M. COUNCILMEMBER MOORE MOVED TO SUSPEND COUNCIL RULES OF PROCEDURE TO ALLOW THE MEETING TO CONTINUE PAST 10:00 P.M.; DEPUTY MAYOR BURBIDGE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes Councilmember Duclos also attended a meeting with Sound Transit and feels better about how businesses will be treated. She shared that the city will lose and likely not recover tax revenue during the construction period. She was able to read to two first grade classes at Mirror Lake Elementary which made her excited for the future. She provided a reminder that filing deadline for running for public office is Friday, May 19, and encouraged individuals to get involved. Deputy Mayor Burbidge attended SCA Transportation Board Meeting and reported on Metro's long term efforts to replace petroleum buses with battery- powered. She shared the Federal Way Chorale has Spring Performance at St. Luke's Church on May 18 and 19. Harmony King's Chorus has two performances on Saturday at Our Savior's Baptist Church and Centerstage's current play is Cardinal Sins which is ongoing through June 4. Federal Way City Council Regular Minutes Page 8 of 9 May 16, 2017 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 10:08 p.m. Attest: A NV Oitidti Je nif r arshall De u Ci Clerk Approved by Council: Oti ( (14 M Federal Way City Council Regular Minutes Page 9 of 9 May 16, 2017