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2018-05-15 Council MIN - RegularY Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall May 15, 2018 — 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 Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell referred a press conference held earlier today at City Hall regarding King County Prosecutors filing charges against one individual for the four homicides which occurred two years ago. He thanked the Police Department for their tremendous work on these cases. He noted today is National Peace Officer Day and asked for a moment of silence to remember those officers who have lost their lives serving our community: Officers Frank Martin, Brian Walsh, and Patrick Maher. 3. PRESENTATIONS a. Promotional Swearing -In Ceremony for Police Department Chief Andy Hwang introduced and spoke to the core values of these individuals who are being promoted: • Tracy Grossnickle — promoted to Commander • Steve Wortman — promoted to Lieutenant • Bryan Klingele — promoted to Lieutenant • Grant Bassett — assigned as Corporal • Jed Tan — assigned as Corporal • Chris Mickelsen — assigned as Corporal Mayor Ferrell administered the Oaths of Office to the officers and congratulated them. Federal Way City Council Regular Minutes Page 1 of 9 May 15, 2018 Councilmember Duclos gave a special thank you to the staff members who cleanup graffiti in the city. Mayor Ferrell asked CD Director Brian Davis to pass along the Councilmembers' appreciation to the staff. b. Arts Commission/Municipal Court Student Art Contest Winners Municipal Court Judges Dave Larson and Rebecca Robertson were pleased to present the awards for the Art Contest sponsored jointly by the Municipal Court and the Arts Commission. Judge Larson noted this is the 10th year of the art contest with the theme "What Liberty Means to Me" • 1st Place Elementary: Carren Nutter, Lakeland Hills 2nd Grade • 2nd Place Elementary: Kelbi Wigginton, Panther Lake 2nd Grade • 3rd Place Elementary: Nghi Tran, Rainier View 5th Grade • 1st Place Middle School: Mae Dueck, Internet Academy 7th Grade • 2nd Place Middle School: Lannie Hong, Lakota, 8th Grade Mayor Ferrell and Councilmembers congratulated the young artists. c. Proclamation: Public Works Week (May 20-26) Deputy Mayor Honda read and presented the Public Works Week proclamation to Public Works Director Marwan Salloum. Director Salloum thanked Mayor Ferrell, Deputy Mayor Honda and the Council for all of their support for the projects and special events. He is proud of his staff who work hard to not only perform their normal daily duties but also handle the unexpected events such as mud slides, snow and ice removal, and wind storm damage. d. Mayor's Emerging Issues and Report • Zero Based Budget Approach — 2019/2010 Biennial Budget — Mayor Ferrell reported he will be utilizing a zero -based budget approach to seek confirmation that every line item, every employee and each expenditure is reviewed. He stated it is his statutory obligation to turn over a balanced budget to the Council. • Performing Arts and Event Center — LEED Silver Certification - Deputy Public Works Director EJ Walsh reported the Performing Arts and Event Center has received notification that they have achieved the LEED (Leadership in Energy and Environmental Design) Silver Certification from the United States Green Building Council (USGBC). The building will receive a plaque which will be installed to highlight this achievement. • Report on Community Events — Mayor Ferrell reported on various regional meetings and events he attended in the community including the Regional Gang and Gun Violence Coordination Meeting (May 9); Washington Emergency Communications Coordinating Working Group regarding Catastrophic Planning (May 10 at PAEC), and opening day of the Federal Way Farmers Market (Saturday, May 12). • Upcoming Community Events — Mayor Ferrell noted the upcoming events in the community. He encouraged citizens to attend the Neighborhood Connection Meeting at Wildwood Elementary on Wednesday, May 16 at 6:00 p.m. and the Federal Way Federal Way City Council Regular Minutes Page 2 of 9 May 15, 2018 Coalition against Human Trafficking (FWCAT) "Break the Chains" 5K Walk/Run on Saturday, May 19. Parks Director John Hutton reported on the very popular Annual Touch -A -Truck Event on Saturday, May 19 at 11:00 a.m. located in the former Target parking lot. He noted this is a family favorite event which brings heavy equipment vehicles, police and SWAT vehicles, a Firetruck, Waste Management vehicle, a School Bus, Military Vehicles and much more for kids to get in and experience. Councilmember Johnson reported on two community events: 2nd Annual Celebration of Diversity Block Party, hosted by Thomas Jefferson High School BSU on May 19 at Valley Church; and the Federal Way Youth Forum at Decatur High School on June 11, 6:30 p.m. at Decatur High School. Deputy Mayor Honda also noted this Saturday is Blue Poppy Day at the Rhododendron Gardens. The event is free and begins at 10:00 a.m. with live performances, artists and food trucks. 4. CITIZEN COMMENT Dana Hollaway spoke regarding the budget. She suggested that each expenditure proposed to the City Council have the fund source identified on the associated agenda bill. John Vreekenew conveyed support for Centerstage highlighting the commitment of the new management and the impact theater can have on the community. Bob Dockstader spoke to the benefits of Centerstage to at risk youth and shared a recent success. He requested the city continue their financial support. Helen Martin spoke in support of Centerstage and the need for a resident professional theater in Federal Way. Angela Bayler, Managing Director of Centerstage, thanked the Mayor and City Council for engaging with Centerstage and expressed appreciation for the meeting held with staff. This experience has strengthened their organization as they work to change the culture. David Monteith, President of Board of Centerstage, explained that Centerstage is working to wean themselves away from the management fee they receive from the city. He requested additional time to fully implement their plan. Michael Barclay spoke in support of Centerstage. Peggy Darling spoke in support of Centerstage. Lyn Idahosa-Berry thanked both the City Council and staff for their interactions with her as she has sought out answers to various questions. She requested City Council consider creating a Police Accountability Review Board. Bill Darling spoke in support of Centerstage and thanked the Council and Mayor for their responsiveness. He also expressed his support of the raises they received but he feels like they should give the raises back. Mayor Ferrell responded that the Independent Salary Commission is given authority by Federal Way City Council Regular Minutes Page 3 of 9 May 15, 2018 the state and it is improper for elected officials to weigh in on the salaries set by the Commission. Mike and Sanetta Hunter expressed appreciation for the meeting they had with Chief Hwang. She does not want to go to trial but would rather negotiate and bring about a change. They feel injustice has happened to their son and feel the city has been non-responsive to their requests. City Attorney Ryan Call indicated this is pending litigation. He clarified there has been an eight hour mediation held with the Hunters regarding this case. Dennis Styles spoke on programs needed in the community and the necessary money. Letter read into the record by City Clerk from Nancy Lomneth and Mark Boyd supporting Centerstage. 5. CONSENT AGENDA a. Minutes: May 1, 2018 Regular and Special Meetings b. Interagency Agreement between State of Washington, Highline College, and City of Federal Way c. 2018 Storm Drain CCTV Inspection and Assessment — Bid Award d. Brooklake Center Connector Trail at West Hylebos Wetlands Park — 30% Design Status Report e. Lakota Park Stormwater Facility Repair Project — Bid Award f. West Hylebos Creek S 373rd Street Gravel Removal Project — Bid Award g. RESOLUTION: Retreat Mead-ows Final Plat Approval pulled and referred back to Committee h. RESOLUTION: Setting Public Hearing of June 19, 2018 for 2019-24 Transportation Improvement Plan and Arterial Street Improvement Plan APPROVED RESO #18-737 i. Adaptive Traffic Signal Control System Phases I & II — 30% Design Report j. Sound Transit Tacoma Dome Link Extension Partnering Agreement k. Panther Lake Trail Construction I. Panther Lake Footbridge m. Ballistic Vest Partnership Grant n. Pierce Transit Extra Duty Police Services Agreement o. Military Road South and S 298th Street Compact Roundabout Project — 100% Design Status Report and Authorization to Bid Councilmember Koppang pulled Items G/ RESOLUTION: Retreat Meadows Final Plat Approval. DEPUTY MAYOR HONDA MOVED APPROVAL OF CONSENT AGENDA ITEMS A -F; AND H -O; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Federal Way City Council Regular Minutes Page 4 of 9 May 15, 2018 Councilmember Johnson Councilmember Tran yes Councilmember Duclos yes yes Councilmember Koppang noted item G is being sent back to the Land Use/Transportation Committee for a few minor changes and will come back to Council. COUNCILMEMBER KOPPANG MOVED ITEM 5(g)/RESOLUTION: RETREAT MEADOWS FINAL PLAT APPROVAL BE REFERRED BACK TO THE LAND USE AND TRANSPORTATION COMMITTEE FOR FURTHER CONSIDERATION; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 6. PUBLIC HEARING a. Regarding Title 19 FWRC Interim Zoning Regulations Mayor Ferrell opened the public hearing at 8:48 p.m. Deputy City Attorney Mark Orthmann introduced Outside Counsel Scott Snyder who will provide a briefing on regulating small cells in the right-of-way. Mr. Snyder stated the demand for data (on one provider alone) has increased 150,000% since 2007, with 90% of households using wireless service. Small cells can add density the network to meet customer demand. Mr. Snyder also reviewed certain restrictions which have been placed on jurisdictions. Cities are not allowed to: • Effectively exclude a Wireless Communications provider from the city; • Prevent a provider from closing a significant gap in coverage; • Dictate or limit the technological choices of a provider; • Regulate radio frequency emission; and/or • Discriminate between service providers. He also listed the aspects the jurisdiction can regulate which include: • Address aesthetic issues by requiring the "least intrusive means" of closing a coverage gap; and • Regulate new poles in the Right -of -Way and Utility poles over (60) sixty feet in height. No citizen comments were received. The Mayor and Council thanked Mr. Snyder for the presentation. Councilmember Koppang clarified that the city is allowing current service providers to increase their service in the least obtrusive manner possible. This is regulated by the federal government, and the city has the maximum authority available. COUNCILMEMBER KOPPANG MOVED TO CLOSE THE PUBLIC HEARING AT 9:08 P.M.; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Federal Way City Council Regular Minutes Page 5 of 9 May 15, 2018 Councilmember Johnson Councilmember Tran yes Councilmember Duclos yes yes 7. COUNCIL BUSINESS a. Rescheduling of August 7, 2018 Regular Council Meeting DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULE 2.1(1) AND TO RESCHEDULE THE AUGUST AUGUST 7, 2018 CITY COUNCIL REGULAR MEETING TO AUGUST 14, 2018; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. Cancellation of August 21, 2018 Regular Council Meeting DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULE 2.1(1) AND TO CANCEL THE AUGUST 21, 2018 CITY COUNCIL REGULAR MEETING; COUNCILMEMBERASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes c. Arts Commission Appointment COUNCILMEMBER JOHNSON MOVED TO APPOINT KAREN BRUGATO AS A VOTING MEMBER OF THE ARTS COMMISSION FOR A TERM TO EXPIRE DECEMBER 31, 2019; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 8. ORDINANCES First Reading a. Council Bill #739: Adopting Interim Land Use Regulations to Control the Provision of Telecommunications Facilities within the City AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADOPTION OF INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 TO CONTROL THE PROVISION OF TELECOMMUNICATIONS FACILITIES WITHIN THE CITY; AMENDING FWRC 19.05.010, 19.05.050, 19.05.130, 19.05.170 AND 19.05.240 TO REVISE AND REPEAL DEFINITIONS RELATING TO WIRELESS COMMUNICATIONS; FWRC 19.15.010 TO EXEMPT STREET USE APPROVALS; FWRC 19.190.030 TO CLARIFY THE APPLICATION OF UNZONED PROPERTY TO RIGHT-OF-WAY USE; REPEALING CHAPTER 19.255 FWRC; AND ADDING A NEW CHAPTER 19.255 FWRC RELATING TO WIRELESS COMMUNICATION FACILITIES. Federal Way City Council Regular Minutes Page 6 of 9 May 15, 2018 Deputy City Attorney Mark Orthmann noted the full presentations on both Council Bill #739 and #740 were made in full during the public hearing earlier this evening; he is available for any additional questions regarding both proposed ordinances. The Council had no additional questions. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 5, 2018 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. Council Bill #740: Amending Title 4 FWRC to Establish Regulations Relating to Small Cell Deployments, Franchising, and Small Cell Permits in the City's Rights -of -Way AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO SMALL CELL DEPLOYMENTS, FRANCHISING, AND SMALL CELL PERMITS IN THE CITY'S RIGHTS-OF-WAY AND FEDERALLY REQUIRED REVIEW PERIODS; AMENDING CHAPTER 4.22 FWRC AND ADDING NEW CHAPTERS 4.23 AND 4.24 FWRC. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 5, 2018 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes c. Council Bill #741: Amend FWRC 19.80 Regarding Docket Process and Department of Commerce Notification AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ANNUAL COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENT PROCEDURE; AND AMENDING FWRC 19.80.050, 19.80.070, 19.80.080, 19.80.090, 19.80.170, 19.80.180, 19.80.260, AND 19.80.270. Planning Manger Doc Hansen briefed the Council on the proposed ordinance. The objective for the change is to eliminate the need for a public hearing to prioritize items proposed to be heard in the docket process, and to clarify language and allow for submittal of proposed amendments prior to Planning Commission approval. Mr. Hanson stated there is no change in the amount of citizen participation when compared to the current process. Comments will continue to be heard at the Planning Commission, Land Use/Transportation Council Committee and City Council meetings. Federal Way City Council Regular Minutes Page 7 of 9 May 15, 2018 City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 5, 2018 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Second Reading a. Council Bill #738: 2017/2018 Biennial Budget Amendment APPROVED ORDINANCE #18-849 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2017-2018 BIENNIAL BUDGET. (AMENDING ORDINANCE NOS. 16-826, AND 17-841). City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 9. COUNCIL REPORTS Councilmember Duclos attended the police press conference and appreciated hearing the results of the Police Department investigation. She thanked the Chief Hwang and those who worked diligently to solve the homicides. Councilmember Moore announced he will be holding Saturday Morning Coffee with the community beginning in June. He acknowledged Centerstage and the work they do. He attended the Public Issues Committee for Sound Cities Association as an alternate and engaged in conversations regarding homelessness in the region. Councilmember Koppang thanked Mayor Ferrell for considering the zero -based budget approach to the 2019/2020 Biennial Budget and the dialogue which has transpired. He was able to attend a salmon release event hosted by the Surface Water Management Team with local students. He also attended Camelot Elementary and read to books to the students; these books were donated by the Diversity Commission. Councilmember Tran thanked the Police Department for their great work. He also thanked Mayor Ferrell for using the zero -based balance approach to the budget acknowledging it adds additional work but he believes there is great potential for savings. Councilmember Johnson attended Camelot Elementary with Councilmember Koppang and read to the students. He thanked Chief Hwang for press conference. He shared that the Parks, Recreation, Human Services, Public Safety Committee (PRHSPS) met on May 8 and discussed youth employment, police training, and homelessness. He indicated he would be interested in a Police Federal Way City Council Regular Minutes Page 8 of 9 May 15, 2018 Accountability Board to promote equity and collaboration. Councilmember Assefa-Dawson spoke regarding the press conference held and reminisced about the atmosphere of the city during the time of the homicides; she is pleased to have a resolution. Deputy Mayor Honda thanked both the Police and Public Works Departments for their work and highlighted how well they work together. She attended the 3rd Annual FedFactor at Decatur High School and was impressed by the talented students. She announced a Special Budget Study Session will be held on May 29. 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:46 p.m. Attest: St ha ie Courtney City Clerk Approved by Council: Q(p--05-20 /S Federal Way City Council Regular Minutes Page 9 of 9 May 15, 2018