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Council PKT 02-03-2004 Special/Regular
~ ~?e°~leral Way City Council Meeting AGENDA COUNCILMEMBERS Dean McColgan, Mayor Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kochmar Mike Park CITY MANAGER David H. Moseley Office of the City Clerk February 3, 2004 AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall February 3, 2004 (www. cityoffederalway, corn) SPECIAL MEETING - 4:30 p.m. CALL MEETING TO ORDER II. HUMAN SERVICES COMMISSION INTERVIEWS III. ADJOURNMENT SPECIAL MEETING - 5:45 p.m. CALL MEETING TO ORDER II. POLICE EVIDENCE BUILDING III. ADJOURNMENT REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE III. mo PRESENTATIONS Steel Lake Management District Committee Introductions/Certificates Arts Commission Introductions/Certificates Arts Commission/Appreciation Plaque (outgoing commissioner) Over please . . . IV. do Introduction of New Employees/City Manager Emerging Issues/City Manager CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. go VI. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA Items listed below have been previously reviewed 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. mo Minutes/January 20, 2004 Regular Meeting Council Bill #337/Oversize Commercial Vehicles Code Amendment - Co Enactment Ordinance Council Bill #338/Code Amendment Updating Chapter 6, Criminal Code - Enactment Ordinance City Hall 2% for Art-Artist Selection CITY COUNCIL BUSINESS VII. VIII. IX. Human Services Commission Appointments CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) Property Acquisition/Pursuant to RCW 42.30.110(1)(b) ADJOURNMENT ** THE COUNCIL MAYADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE UNDER "NEW--FEDERAL WAY DOCUMENT LIBRARY" CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on January 20, 2004. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: "I move approval of the draft minutes from the City Council Regular Meeting held on January 20, 2004, as presented." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL/4 1sr reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 DRAFT FEDERAL WAY CITY COUNCIL Council Chambers - City Hall January 20, 2004 - 7:00 p.m. Regular Meeting Minutes CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at the hour of 7:00 p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Jack Dovey, Eric Faison, Jim Ferrell, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Mayor McColgan asked Josh from Troop #398 to lead the flag salute. III. PRESENTATIONS a. Introduction of New Employees/City Manager City Manager David Moseley announced there were no new employees to introduce. b. Emerginl~ Issues/City Manager City Manager David Moseley announced there were no emerging issues to discuss tonight. IV. CITIZEN COMMENT Dave Larson, spoke to Council in opposition to the Sound Transit - Transit Oriented Development (TOD) on tonight's agenda, and distributed written documents to Council for their review. Robert Hitchcock, spoke on behalf of the Federal Way Chamber of Commerce, he noted the Chamber is not supportive of the current project, however would like to work with both the city and the business owners in developing new options. Federal }Fay City Council Regular Meeting Minutes January 20, 2004 - Page 2 of 8 Marie Adair, spoke in opposition to the Federal Way Transit Center. Joni Earl; spoke in support of the Federal Way Transit Center. Audrey Germanis, spoke in support of schools and the upcoming school levy on February 3rd. Ed Barney, spoke on behalf of the school board, he noted the Federal Way Transit Center site has not yet been settle with the school district in regards to the Truman High School property. Ron Walker, wished to thank everyone involved in the Martin Luther King Jr. Celebration and recognized the following businesses and individuals for their leading support: Weyerhaeuser Company Foundation, Federal Way School District/Decatur High School, Federal Way Mirror, King County Councilmember Pete von Reichbauer, Federal Way Chamber Education Foundation, Home Street Bank, Northwest Church, Smilson Productions, Cisco Insurance Agency, LLC, Fire & Ice Dancers, Tony & Trise Moore Scholarship Fund, Ed G. Norris, Steven Ames, Senor Taco of Federal Way, Caf6 Pacific Catering, Set Free Studios. Dan Casey, spoke in opposition to the Federal Way Transit Center, and asked Council to stop and rethink the proposal before them. Mike McLeod, asked the City Council to have the City Manager recuse himself from signing any documents related to Sound Transit, and to have the Director of Planning sign. Sheryl Nevers, spoke in opposition to the Federal Way Transit Center and the Transit Oriented Development (TOD). Kathy Neilsen, spoke in opposition to the Federal Way Transit Center due to increased traffic in her neighborhood of Chelsea Court. Ron Gintz, (comments read into the record by the City Clerk), urged the Chamber of Commerce to support Sound Transit's efforts to build this facility on time and within budget. Melony Bittinger, spoke in opposition to the Federal Way Transit Center due to increased traffic in her neighborhood of Chelsea Court. Richard Keltner, spoke in support of the Oversized Vehicle Ordinance on tonight's agenda. Donna Welch, Chair of the Arts Commission thanked the Council for allowing her to sit in on tonight's interviews for the Commission, and thanked the applicants who applied. Federal Way City Council Regular Meeting Minutes January 20, 2004 - Page 3 of 8 Jean Atwell, spoke in support of the oversized vehicle ordinance, and noted this wasn't a new ordinance, just a clarification of current rules. Lana Bostic, Arts Commissioner, spoke to thank Council for their ongoing support of the Commission. John Dallen, spoke in concern over the traffic studies, and asked the current status of the Christian Faith Center project. H. David Kaplan, spoke in support of the Lakota Creek wetlands on tonight's agenda, and in review of the recent Council retreat. CONSENT AGENDA g. h. i. Minutes/January 7, 2004 Regular Meeting -Approved 2004 Arts Commission Work Plan-Approved King County Development Disabilities Grant-Approved Cultural Development Authority of King County Arts Contract-Approved 2004 Parks Commission Work Plan-Approved Dumas Bay Centre/Knutzen Family Theatre Janitorial Services-Approved 14th Ave So at So 312th St Traffic Signal Project/Award of Bid-Approved 51 st Ave SW Storm Drain Improvements/Award of Bid-Approved Lakota Wetlands Regional Stormwater Facility/85% Design Approval- Approved East Branch Lakota Creek Restoration Proiect/30% Design Approval- Approved Memorandum of Agreement for Marine Shoreline Inventory-Approved COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DOVEY SECOND. The motion passed as Followed: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes VI. CITY COUNCIL BUSINESS a. Steel Lake Management District Committee Appointments Federal Way City Council Regular Meeting Minutes January 20, 2004 - Page 4 of 8 COUNCILMEMBER DOVEY MOVED APPROVAL OF THE APPOINTMENT OF MARGARET REYHNER, MONICA NELSON, TOM DEZUTTER, MONTE DECKER TO TWO-YEAR STEEL LAKE MANAGEMENT DISTRICT COMMITTEE TERMS THROUGH JANUARY 31, 2006; AND FURTHER MOVED TO APPOINT ROBERT SOWDERS, AND BILL LINEHAN AS ALTERNATE MEMBERS FOR TWO-YEAR TERMS THROUGH JANUARY 31, 2006; COUNCILMEMBER PARK SECOND. Councilmember Dovey noted this committee began when homeowners came together in concern for the quality of the lake and decided to tax themselves in order to preserve the lake for the community. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes b. Arts Commission Appointments COUNCILMEMBER BURBIDGE MOVED THE RE-APPOINTMENT OF LANA BOSTIC AND IRIS MARSHALL, AND THE APPOINTMENT OF LORI DEVORE AND FRAN VOILES TO 3-YEAR ARTS COMMISSIONER POSITIONS THROUGH JANUARY 31, 2006; AND FURTHER MOVED THE APPOINTMENT OF LOUISE KOETTERS, AND ROSE JOHNSON AS ALTERNATE COMMISSIONERS SERVING 3-YEAR TERMS THROUGH JANUARY 31, 2006; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes c. Other Committee Appointments Mayor McColgan announced the following appointments to local and regional committees: · Airport Communities Coalition (ACC) - Linda Kochmar, Eric Faison (alternate) · City/Lakehaven Liaison Committee - Dean McColgan, and Jim Ferrell · City/School District Liaison Committee - Dean McColgan, and Jeanne Burbidge · City/Chamber Economic Development Committee - Dean McColgan, Jack Dovey, David Moseley · Jail Assembly - Jim Ferrell Federal Way City Council Regular Meeting Minutes January 20, 2004 - Page 5 of 8 · Joint Recommendation Committee - Jeanne Burbidge · Lodging Tax Advisory Committee - Mike Park · Potential Annexation Steering Committee - Eric Faison, Linda Kochmar · South County Area Transportation Committee - Jeanne Burbidge · Sound Transit Executive Advisory Committee - Dean McColgan, Jeanne Burbidge do Right-of-Way Use Agreement for Improvements by Sound Transit to So 316th St COUNCILMEMBER DOVEY MOVED APPROVAL OF THE RIGHT-OF-WAY USE AGREEMENT FOR IMPROVEMENTS BY SOUND TRANSIT TO SO 316TM ST; COUNCILMEMBER FERRELL SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes eo Agreement between Central Puget Sound Regional Transit Authority and City of Federal Way for Future Development of Transit Oriented Development at the Federal Way Transit Center COUNCILMEMBER DOVEY MOVED TO TABLE THIS ITEM AND PLACE IT ON THE FEBRUARY 17TM REGULAR MEETING AGENDA; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes VII. INTRODUCTION ORDINANCES a. Council Bill #337/Oversize Commercial Vehicles Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) COUNCILMEMBER DOVEY MOVED COUNCIL BILL #337/OVERSIZE COMMERCIAL VEHICLES CODE AMENDMENT TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING; COUNCILMEMBER PARK SECOND. The motion passed as follows: Federal Way City Council Regular Meeting Minutes January 20, 2004 - Page 6 of 8 Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes b. Council Bill #338/Code Amendment Updating Chapter 6, Criminal Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CRIM1NAL CODE OF THE CITY OF FEDERAL WAY (AMENDING ORDINANCE NOS. 91-89, 99-362, 00-367, 00-374, 01-401, 02-429) COUNCILMEMBER BURBIDGE MOVED COUNCIL BILL #338/CODE AMENDMENT UPDATING CHAPTER 6, CRIMINAL CODE TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING; COUNCILMEMBER FERRELL SECOND. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes VIII. CITY COUNCIL REPORTS Councilmember Ferrell noted the Martin Luther King Jr. event held yesterday (1/19) was wonderful, and thanked the many individuals who worked to make it a success. He was also pleased with the recent Council retreat, where Councilmembers had the opportunity to have a free flow discussion of ideas and visions for Federal Way's future. Councilmember Park also noted the Martin Luther King Jr. celebration was a wonderful event, and thanked Diversity Commissioner and MLK Jr. Chair Ron Walker for all his hard work. He also noted January 22nd is the Lunar New Year which will be celebrated in the Asian community. Councilmember Burbidge echoed the comments of the Martin Luther King Jr. celebration; she was pleased with the size of the attendance and noted the celebration might soon outgrow the Decatur High School performing arts center. She also noted she would be attending various regional meetings, and announced the next meeting of the Parks, Recreation, Human Services, Public Safety Committee meeting would be February 9, at 5:30 p.m. Councilmember Dovey thanked the citizens who attended tonight's Council meeting and last night's Land Use Transportation Committee meeting. He noted there have been Federal Way City Council Regular Meeting Minutes January 20, 2004 - Page 7 of 8 numerous citizen comments given, which is appreciated. He also thanked his fellow Councilmember for the retreat, and extended his thanks to city staff and the facilitator. Councilmember Faison noted he was unable to make the meeting due to the re-scheduling, however would like to add his congratulations to the new Mayor and Deputy Mayor, and welcome to new Councilmember Jim Ferrell. He announced the next meeting of the Finance, Economic Development, Regional Affairs Committee would be held on February 27th, at 5:30 p.m. Deputy Mayor Kochmar thanked staff for their hard work on the Council retreat, and also thanked Ron Walker for all his hard work and dedication to the Martin Luther King Jr. Celebration. She reported on the various regional and community events and meetings she will be attending, and thanked all the citizens and volunteers who apply for and work on the city's commissions and committees. Mayor McColgan also thanked his Council colleagues for the positive Council retreat, where the Councilmembers were able to get a free flow discussion on issues facing the city, and noted he looks forward to working with a great team. He added he was privileged to be able to speak at the Martin Luther King Jr. Celebration with the theme of"Making a Difference". He encouraged citizens to get out and take the first step in volunteering in their community. IX. CITY MANAGER REPORT City Manager David Moseley thanked the Diversity Commission and the Martin Luther King Jr. Celebration Committee for the event this year. He recognized the countless hours that staff members Sharyn Earl, Natalie Rees, Sun So, and Jason Suzaka contributed to the celebration. Mr. Moseley reminded everyone of the Federal Way Chamber of Commerce Economic Forecast breakfast, which will be held January 21st beginning at 7:00 a.m. in the Bon- Macy's courtyard in the Mall. Various Councilmembers and staff will be present. He added the Chamber of Commerce has scheduled Mayor Dean McColgan's first State of the City Address for Wednesday, February 4th at 11:30 a.m., at the Twin Lakes clubhouse. City Manager David Moseley noted the Human Services Commission is urging people to "save the date" on Monday, February 23, 2004 from 5:30 p.m. to 8:00 p.m. for a discussion of the city's Human Services Consolidated Plan. Mr. Moseley was pleased to report staff expects to issue a "Notice to Proceed" to the contractor who will build the new walls inside City Hall. Current projects out to bid are the HVAC, plumbing, electrical and casework. The project's staff team will meet this week to Federal Way City Council Regular Meeting Minutes January 20, 2004 - Page 8 of 8 start drafting a move plan, which will be in two phases. Police and Court are expected to move into the new building first, with the remaining city hall offices to follow. He further reminded Council for the need for an Executive Session tonight for the purpose of discussing potential litigation/pursuant to RCW 42.30.110(1)(i). Expected duration is 25 minutes, with no action anticipated. EXECUTIVE SESSION At 8:20 p.m. Mayor McColgan announced the Council would recess into Executive Session for the purpose of discussing potential litigation/pursuant to RCW 42.30.110(1)(i); for approximately twenty-five minutes. Potential Litigation/Pursuant to RCW 42.3 0.110(1)(i) At 8:50 p.m., Deputy City Attorney Karen Kirkpatrick announced Executive Session would be extended by an additional ten minutes. Council returned to Chambers at 9:05 p.m. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor McColgan adjourned the regular meeting at 9:05 p.m. Stephanie D. Courtney, CMC Deputy City Clerk MEETING DATE: --J~m~y-~, 2004 CITY OF FEDERAL WAY City Council AGENDA BILL ITEM# SUBJECT: AMENDMENTS TO FEDERAL WA Y CITY CODE (FWCC) CHAPTER 22, ARTICLE XIII, DIVISION II, CATEGORY: BUDGET IMPACT: CONSENT [] ORDINANCE RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: 1) Proposed Ordinance with Exhibit A (Amendments to FWCC Chapter 22. Article XIII. Division 11, "Vehicles and Boats"; Article I, Section 22-1, "Definitions"; and Article IV, "Nonconformance"). 2) December 31, 2003, Memorandum to the Land Use/Transportation Committee (LUTC) with Exhibits A-M. (Please note that due to their bulk, only Exhibits E, I, and L are included in this packet. The remainder of Exhibits A-M is not included, but is available in the Council Conference Room. In addition, for background purposes the proposed code amendments originally presented to the Council on September 2 and 16, 2003, are also available in the Council Chambers). SUMMARY/BACKGROUND: Over the years, the City's Code Compliance Officer has received many complaints from citizens regarding the parking of oversized commercial vehicles on lots within residential zones. HoWever, the limitations of the language in FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats," concerning oversize vehicles have created problems in responding to citizen complaints about commercial vehicles and equipment stored on residential lots. The purpose of these revisions is to better define the types and nature of vehicles normally prohibited from being stored on a residential lot, yet accommodate to an appropriate extent vehicles normally associated with a residence. The City Council entertained these amendments at their September 2 and 16, 2003, public meetings for first and second readings, respectively. During these meetings, there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16, 2003, the Council made a motion for staff to research certain questions and take the amendments back to the Planning Commission for additional review and possible revision. Staff researched these questions and provided them to the Planning Commission at an October 29, 2003, public hearing (Exhibit B). The Planning Commission continued the public hearing to November 19, 2003 (Exhibit C) and December 10, 2003 (Exhibit D). After the close of the December 10, 2003, public hearing, the Planning Commission recommended approval of those amendments shown in Exhibits E, I, and L. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use Transportation Committee (LUTC) discussed the proposed amendments during a public meeting on January 12, 2004. At that meeting, the LUTC recommended forwarding the Planning Commission's recommendation with one change to the full Council for first reading on January 20, 2004. The LUTC recommended adding the requirement that commercial vehicles used for private construction purposes on residentially zoned lots not be visible from a public right- of-way or access easement, and cannot be parked in the driveway (FWCC Section 22-1176[e] of Exhibit A of the proposed ordinance). PROPOSED MOTION: "I move the LUTC's recommendation to approve the amendments to FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats"; Article I, Section 22-1, "De£mitions"; and Article IV, "Nonconformance," which are attached as Exhibit A to (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED _MTABLED~EFERRED~O ACTION OVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT READING ENACTMENT READING ORDINANCE # RESOLUTION # I:~DOCUMENTxOversized Vehicles\City Council\012004 AGENDA BILL.doc/Last printed 01/13/2004 4:52 PM CITY OF FEDERAL WAY ORDINANCE NO. 04 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to add a new definition for commercial vehicles and clarify under what conditions they are allowed on lots in residential zones is in the public interest; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 16, 2003, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land/Use Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following which it recommended adoption of the text amendments as recommended by the Planning Commission; WHEREAS, the City Council entertained these code amendments at their September 2 and 16, 2003, public meetings for first and second readings, respectively; WHEREAS, at the end of the Council deliberations on September 16, 2003, the Council remanded the amendments back to the Planning Commission for additional review of new issues and possible revision; WHEREAS, the Planning Commission conducted a duly noticed public hearing on revisions to the code amendments on October 29, 2003, with continuation on November 19, 2003, and December 10, 2003,considered new public comment and forwarded a recommendation of approval to the City Council; Ord No. 04 - , Page 1 WHEREAS, the Land Use Transportation. Committee of the Federal Way City Council considered these code amendments on January 12, 2004, following which it recommended adoption of the text amendments as recommended by the Planning Commission with one change; and WHEREAS, the City Council finds that the code amendments relating to adding a new definition for commercial vehicles and clarifying under what conditions they are allowed on lots in residential zones are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the Comprehensive Plan concept to preserve and enhance existing residential neighborhoods. 2. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots in residential zones can result in blocking sight distance, thus contributing to traffic-related accidents. And The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on residential lots is unsightly and detracts from the neighborhood character. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the Ord No. 04 - , Page 2 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the ~ day of ., 2004. APPROVED: MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: I:~DOCUMENTXOversized Vehicles\City CouncilLa~doption Ordinance.doc/01/13/2004 4:57 PM Ord No. 04 - , Page 3 FWCC Chapter 22. Article XIII. Division 11. Commercial Vehicles, Recreational Vehicles~ and Boats 22 1176 S'.'zc .and ::ge :'n reg:'~en::.a! z~.ncg !".m".ted. 22-1176 Parking and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (a) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles, that does not exceed a maximum of l 0,000 lbs gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot; (b) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a Single Family Residential Zone (RS 35.0) or a Suburban Estates Zone (SE); (c) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (d) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit; (e) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right-of-way or access easement and not parked in the driveway; (f) Additional exceptions as outlined in FWCC 22-1179. Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. 22-1177 Parking and storaue of recreational vehicles and boats in residential zones limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. 22 !!77 22-1178 Exceptions. /n~ A ~,~k~l~ ^4: ..... ; ...... the exclu:~ve w,v ............ o (-b) The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; -1- (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22-!!78 22-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to.eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 1!79 22-1180 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 !!o..~ 22-1181 - 22-1195 Reserved. ISDOCUMENTXOversized Vehicles\City CouncilXDivision 11 -- New Commercial Code Language.doc/Last printed 1/13/2004 3:38 PM -2- FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1176 and 22-1178, any truck over 10,000 lbs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. l:~DOCUMENTxOversized Vehicles\City Council~efinitions.doc/Last printed 1/13/2004 3:36 PM FWCC Chapter 22. Article IV Nonconformance 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) I:~DOCUMENTXOversized Vehicles\City CounciNqonconformance.doc/Last printed 1/13/2004 3:40 PM ©2002 Code Publishing Co. Page 1 CITY OF ~ Federal Way PLANNING COMMISSION RECOMMENDATION December 31, 2003 To: VIA: FROM: SUBJECT: Chair, Land Use/Transportation Committee (LUTC) David M~anager mlr.,_, Kathy McClung, irector of Community Development Services ~*x~-~ Margaret H. Clark, AICP, Senior Planner ~ Martin Nordby, Code Compliance Office~_~ Amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division I1, "Vehicles and Boats" (Oversized Vehicles) (lile No. 03-102457-00-UP) MEETING DATE: January 12, 2004 I. BACKGROUND The proposed code amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles, ExhibitA) were presented to the City Council at their September 2 and 16, 2003, public meetings for first and second readings, respectively. During these meetings, there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16, 2003, the Council made a motion for staff to research certain questions and take the amendments back to the Planning Commission for additional review and possible revision. Staff researched these questions and provided them to the Planning Commission at an October 29, 2003, public hearing (Exhibit B). The Planning Commission continued the public hearing to November 19, 2003 (Exhibit C) and December 10, 2003 (Exhibit D). After the close of the December 10, 2003, public hearing, the Planning Commission recommended approval of those amendments shown in Exhibit E. Minutes for these meetings are enclosed as Exhibits F, G, and H and correspondence and e-mail from citizens are attached as Exhibit M. II. DISCUSSION OF PROPOSED AMENDMENTS/PLANNING COMMISSION RECOMMENDATION A. Planning Commission's Recommendation The proposed code amendment as drafted in Exhibit E incorporates the following Planning Commission's recommendations: i. Make no changes to the regulations governing recreational vehicles, trailers, and boats at this time) Changes may be entertained at a future Planning Commission public hearing that will be publicized to encourage the attendance and input of owners of recreational vehicles, trailers, and boats. 2. Define commercial vehicle based on use. 3. Allow commercial vehicles up to 10,000 lbs gross vehicle weight rating (GVWR) on any residentially zoned lot, regardless of lot size. Allow commercial vehicles of any size on any lot in a Single-Family Residential (RS 35.0 - one unit per 35,000 square feet) or Suburban Estates (SE - one unit per five acres) zone. o Allow only one commercial vehicle per residentially zoned lot except for commercial vehicles used for loading and unloading purposes, and commercial vehicles used for construction purposes with a valid development permit. 6. Allow vehicles not more than nine feet in height and 22 feet in length used for private construction purposes on any residentially zoned lot. 7. For the exclusive purpose of loading or unloading the vehicle, allow commercial vehicles to be parked on any residentially zoned lot for a maximum of 48 hours. 8. Do not regulate vehicles used for non-commercial purposes, regardless of their GVWR. B. Proposed Code Amendments AS a result of these recommendations, the following changes have been made to FWCC, Chapter 22, Division 11 (Exhibit E). Proposed changes are shown as st6keom (proposed deletions) and underline (proposed additions): 1. Amended the title to more clearly describe the code section. 2. Deleted existing language in FWCC Section 22-176, which pertains to vehicles and boats. 3. Addressed commercial vehicles in a new FWCC Section 22-1176, and i~ecreational vehicles and boats in a new FWCC Section 22-1177. Moved regulations pertaining to recreational vehicles and boats to FWCC Section 22- 1177. The language in this section has been reformatted to be consistent with the remainder of Division 11. FWCC Section 22 ! 177 22-1178, which provides for exceptions to the code based on a Process III review and approval, has been retained. In addition, a new definition for "Commercial Vehicles" was added to FWCC Chapter 22, Section 22-1, "Definitions" (Exhibit I). C. Other Code Amendments As part of this code amendment, staff discovered a mistake that was made by the codifiers in 1992. At that time, sections of the code were renumbered and rearranged. This resulted in a cross Amendments to FWCC Chapter 22, Article XIII, Division 1, "Vehicles and Boats" 1/12/03 Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 2 reference to Division 11, "Vehicles and Boats" being dropped from the requirement of immediate conformance in FWCC Section 22-330. FWCC Section 22-330, "Immediate Compliance with Certain Provisions Required" states: "(a) Generally. Regardless of any other provisions of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter; ...(8) Nonconformance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones." Prior to the 1992 codification, the nonconformance section (Chapter 165.25) referred only to, "Non-conformance with the provisions in Chapter 115 regarding parking and storage of large vehicles in residential zones" (Exhibit d). However, there were two sections (Chapter 115.105 and 115.145) in Chapter 115 that governed parking and storage of large vehicles in residential zones (Exhibit d). When the code was codified, Chapter 165.25 became Section 22-330, Chapter 115.105 became Section 22-1111, and Chapter 115.145 became Section 22-1176, et al. (Exhibit K). Section 22-330 now only references Section 22-1111, et seq. (Exhibit K, Page 2 of 4). We are, therefore, proposing to add a reference to FWCC Section 22-1176 et seq. in FWCC Section 22-330(8) (refer to Exhibit L). In regards to the above, the City is aware of one home occupation with an associated commercial vehicle in a residentially zoned area. With the passage of these amendments as presently written, this vehicle, which is approximately 20,000 lbs GVWR, could no longer be parked legally on that lot. This lot is 15,480 square feet and is located in a Single-Family Residential (RS 7.2) zone. III. ADDITIONAL PLANNING STAFF COMMENTS During the December 10, 2003, public hearing, two citizens testified that they owned backhoes, which .are used for private yard improvement and landscaping purposes. After taking public testimony, the Planning Commission made a motion to allow construction vehicles for private use on residentially zoned lots as long as they meet the existing code in terms of size. The existing code allows any vehicle or boat to be parked or stored on a lot in a residential zone if the vehicle or boat is both nine feet in height or less and 22 feet in length or less. The Planning Commission did not recommend placing any other additional requirements such as screening of these vehicles. If this amendment is adopted as recommended by the Planning Commission, a backhoe or any other commercial vehicle used for private construction purposes could be stored on a lot of any size and be located anywhere on that lot, including the driveway. As a result, staff recommends that additional language be added to allow these commercial vehicles on residentially zoned lots only if they are not visible from a public right-of-way or access easement, or parked in the driveway. This would result in the following language in Section 22-1176(e): A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right-of-way or access easement and not parked in the driveway. Amendments to FWCC Chapter 22, Article XIII, Division 1, "Vehicles and Boats" 1/12/03 Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 3 IV. COUNCIL ACTION/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. 2 above, that is, adoption of the Planning Commission's recommendations with the additional staff recommendation to prevent visibility of vehicles used for private construction purposes from a right-of-way or access easement, or to be parked or stored in a driveway. Ve LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission. ~ As recommended by Planning Commission and amended by the LUTC. APPROVAL OF COMMITFEE ACTION: Chair VI. LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" as Presented to the City Council Staff Report for the October 29, 2003, Planning Commission Public Hearing Staff Report for the November 19, 2003, Planning Commission Public Hearing Staff Report for the December 10, 2003, Planning Commission Public Hearing Proposed Amendments to FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" based on Planning Commission Recommendation Minutes of the October 29, 2003, Planning Commission Public Hearing Minutes of the November 19, 2003, Planning Commission Public Hearing Minutes of the December 10, 2003, Planning Commission Public Hearing FWCC Chapter 22, Article 1, Section 22-1, "Definitions" Federal Way Zoning Code Adopted Upon 1990 Incorporation (Chapters 165.25, 115.05, & 115.145) Federal Way City Code Codified in 1992 (FWCC Sections 22-330, 22-1111, & 22-1176) FWCC Chapter 22, Section 22-330 (Portion of Existing Zoning Code) with Proposed Amendment Correspondence and e-mail. I:\DOCUMENT~Oversized Vehicles\LUTC\011204 PC Rec Staff Report to LUTC.doc/01/05/20045:28 PM Amendments to FWCC Chapter 22, Article XIII, Division 1, "Vehicles and Boats" 1/12/03 Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 4 EXHIBITS A-D, F-H, AND M ARE LOCATED IN A BINDER IN THE COUNCIL CONFERENCE ROOM. EXHIBIT_ PAGE .... EXHIBIT E FWCC Chapter 22. Article XIII. Division 11. Commercial Vehicles, Recreational Vehicles, and Boats boat on any ~* ~n a residential zone 22-1176 Parkin~ and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (a) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 lbs gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned (b) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a Single Family Residential Zone (RS 35.0) or a Suburban Estates Zone (SE); (c) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (d) Commercial vehicles may be parked on any lot in a residential zone during construction pursuant to a valid development permit; (e) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in (f) length may be parked on any lot if used for private construction purposes2 Additional exceptions as outlined in FWCC 22-1179. Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. 22-1177 Parking and storage of recreational vehicles and boats in residential zones limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. 22 1!77 22~1178 Exceptions. (a) A vehicle cf any ~; ...... ~'~ parked on any '^* ;'- "'~ ~;~" fo~ ~* than ~ t, ..... fo~ ~ Thc ci~ may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone iff -1- EXHtBIT__ : (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 !178 22-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 1!79 22-1180 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential-zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) 22 1180 22-1181 - 22-1195 Reserved. I:XDOCUMENTxOversized Vehicles~LUTC\Exhibit E Division I l -- New Commercial Code Language.doc -2- EXHIBIT I EXHIBIT___- -- PAGF_I 1 FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class H home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment ora fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means any motorized vehicle or truck, or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar vehicles used for construction purposes. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. l:~DOCUMENTXOversized VehiclesXLUTCXExhibit I Definitions.doc EXHIBIT L EXHIBIT, I,. , PAGE gl::' I FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) l:~DOCUMENTXOversized Vehicles~LUTC~Exhibit L Nonconformance.doc ©2002 Code Publishing Co. P~el MEETING DATE: 2004 iTEM# ~-Q~.~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Code Amendments Updating Chapter 6, Criminal Code CATEGORY: CONSENT [] ORDINANCE RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: Memo from Pat Richardson, City Attorney to the Parks Recreation Human Services and Public Safety Committee regarding the proposed Code amendment to Chapter 6, Criminal Code. SUMMARY/BACKGROUND: The Law Department is requesting adoption of the proposed ordinance to amend the City of Federal Way Criminal Code under Chapter 6 as it reflects changes the Washington State Legislature has made in state law regarding various crimes and the consequences thereof. The modifications are necessary to ensure consistent enforcement of the laws. The adoption of these amendments is in the best interest of the City of Federal Way, the Public Safety Department, Law Department, Municipal Court, and the Federal Way Citizens. CITY COUNCIL COMMITTEE RECOMMENDATION: At the January 12, 2004 meeting the Parks Recreation Human Services and Public Safety Committee recommended that the proposed amendment to the Federal Way City Code Chapter 6, Criminal Code forwarded to the City Council for consideration at the January 20, 2004 City Council meeting. PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on ~2004." CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED COUNCIL BILL # [] DENIED lST reading [] TABLED/DEFERRED/NO ACTION Enactment reading /~ MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K:\agnditem\2003-criminal code update CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE January 12, 2004 Meeting 5.F Date: From: Via: Subject: January 5, 2004 Patricia A. Richardson, City Attorney ~ David H. Moseley, City Manager Code Amendment Updating Chapter 6, Criminal Code Background: The Law Department is requesting adoption of an ordinance to amend the City of Federal Way Code under Criminal Code Chapter 6. The Washington State Legislature has modified state law regarding various crimes and the consequences thereof. The proposed amendment to Chapter 6 reflects the changes in state law. The modifications are necessary to ensure consistent enforcement of the laws. Staff Recommendation: Staff recommends that the Parks Recreation Human Services and Public Safety Council Committee approve the proposed amendment to Chapters 6 of the Federal City Code and forward to full Council for consideration. Committee Recommendation: Move approval of the amendment to the Federal Way City Code, Chapter 6, Criminal Code, and forward to full Council for consideration at the January 20, 2004 City Council meeting. ~mmittee Member Committ, KSAGNDITEIVBPRHSPSCOMMITTEE\Criminal update 2003 ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY (Amending Ordinance Nos. 91-89, 99-362, 00-367, 00-374, 01-401, 02-429) WHEREAS, the City Code is at variance with state law with respect to the existence, substance, description, and procedure of certain crimes and consequences, WHEREAS, the State Legislature has modified state law regarding various crimes and the consequences thereof, WHEREAS, the Federal Way City Council finds that it is in the best interest of its citizens to update the City Criminal Code, the Licenses And Business Regulations Chapter and the Traffic and Vehicle Chapter of the City Code to be more in accordance with state law in order to ensure more consistent and effective enforcement and prosecution of criminal activity within the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6, Article I, Section 6-4 of the Federal Way City Code, is hereby amended to read as follows: 6-4 Defenses. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9A.12.010, Insanity. OPd) # , PAGE 1 (2) RCW 9A.16.010, Definition. (3) RCW 9A.16.020, Use of force - When lawful. (4) RCW 9A.16.060, Duress. (5) RCW 9A.16.070, Entrapment. (6) RCW 9A.16.080, Action for being detained on mercantile establishment of premises for investigation -"Reasonable grounds" as defense. (7) RCW 9A.16.090, Intoxication. (8) RCW 9A.16.120, Outdoor music festival, campground - Detention. SECTION 2. Chapter 6, Article II, Section 6-36 of the Federal Way City Code, is hereby amended to read as follows: 6-36 Adoption of statutes. The following state statutes, including all future amendments, additions or deletions, are adopted by reference and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act: (1) RCW 66.04.010, Definitions. (2) RCW 66.20.200, Unlawful acts relating to card of identification and certification card. (3) RCW 66.20.210, Licensee's immunity to prosecution or suit - Certification card as evidence of good faith. (4) RCW 66.20.300, Alcohol servers - Definitions. ORD # , PAGE 2 (5) RCW 66.20.310, Alcohol servers - Permits - Requirements - Suspension, revocation - Violations - Exemptions. (6) RCW 66.28.090, Licensed premises open to inspection - Failure to allow. (7) RCW 66.28.200, Ke.q registration - Special endorsement for grocery store license - Requirements of seller. (8) RCW 66.28.210, Keg registration - Requirements of purchaser. (9) RCW 66.28.220, Ke.q registration - Identification of containers - Rules - Fees - Sale in violation of rules unlawful. (7-10) RCW 66.44.010, Local officers to enforce law- Authority of board - Liquor enforcement officers. (811) RCW 66.44.040, Sufficiency of description of offenses in complaints, informations, process, etc. (912) RCW 66.44.050, Description of offense in words of statutes - Proof required. (13_0) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent. (14-1-) RCW 66.44.070, Certified analysis is prima facie evidence of alcoholic content. (1_52-) (163) (1Z4) (18 ) (1_96) RCW 66.44.080, Service of process on corporation. RCW 66.44.090, Acting without license. RCW 66.44.100, Opening or consuming liquor in public place - Penalty. RCW 66.44.120, Unlawful use of seal. RCW 66.44.130, Sale of liquor by drink or bottle. ORD # , PAGE 3 (-1-7-20) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal - Unlawful operation, possession of still or mash. (218) RCW 66.44.150, Buying liquor illegally. (-1-922)RCW 66.44.160, Illegal possession, transportation of alcoholic beverages. (203) RCW 66.44.170, Illegal possession of liquor with intent to sell- Prima facie evidence, what is. (244_) RCW 66.44.175, Violations of law. (225) RCW 66.44.180, General penalties- Jurisdiction for violation. (2,36) RCW 66.44.200, Sales to persons apparently under the influence of liquor. (247) RCW 66.44.210, Obtaining liquor for ineligible person. (2§8) RCW 66.44.240, Drinking in public conveyance- Penalty against carrier- Exception. (269) RCW 66.44.250, Drinking in public conveyance - Penalty against individual- Restricted application. (2-7-30) RCW 66.44.280, Minor applying for permit. (2831) RCW 66.44.290, Minor purchasing liquor. (3g_2) RCW 66.44.300, Treating minor, etc., in public place where liquor sold. (3~_3_3) RCW 66.44.310, Minor frequenting tavern or cocktail lounge, misrepresentation of age. (324_) RCW 66.44.320, Sales of liquor to minors a violation. ORD # , PAGE 4 (3~_5) RCW 66.44.325, Unlawful transfer to a minor of an identification card. (346) RCW 66.44.328, Unlawful to transfer to a minor of a forged, altered, etc., identification card. (367) RCW 66.44.340, Employees 18 years and over allowed to sell and carry beer and wine for Class E and/or Class F employees. (3~_8_8) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employees. (37_9) RCW 66.44.370, Resisting or opposing officers in enforcement of title. SECTION 3. Chapter 6, Article IV, Section 6-86 of the Federal Way City Code, is hereby amended to read as follows: 6-86 Statutes adopted. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 69.41.020, Prohibited acts - Information not privileged communication. (2) RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or order prohibited - Exceptions. (3) RCW 69.41.050, Labeling requirements - Penalty. /"~ ~:)("'~AI ~C~ ~ '1 r~7~ I~)~n~,l~-;~o (4) RCW 69.41.350, Penalties. (4_5) RCW 69.43.010, Report to state board of pharmacy- List of substances - Modification of list - Identification of purchasers - Report of transactions - Penalties. ORD # , PAGE 5 (§6) RCW 69.43.020, Receipt of substance from source outside state - Report- Penalty. (67) RCW 69.43.030, Exemptions. (7-8) RCW 69.43.035, Suspicious transactions - Report - Penalty. (89) RCW 69.43.090, Permit to sell, transfer, furnish, or receive substance - Exemptions - Application for permit - Fee - Renewal - Penalty. (910) RCW 69.43.110, Ephedrine, pseudoephedrine, phenylpropanolamine- Sales restrictions - Penalty. (110) RCW 69.43.120, Ephedrine, pseudoephedrine, phenylpropanolamine- Possession of more than fifteen grams - Penalty - Exceptions. (12-1-) RCW 69.50.101, Definitions. (13_2) RCW 69.50.204(d)(13), Schedule I - Marijuana. (14,?,) RCW 69.50.309, Containers. /'1.4~ D/'"'~AI ~0 r-,f'~ ,4r~4/'~\ D~.,-~l~;i~;~-~l ,-~,-,~-o. rA, (15) RCW 69.50.4014, Possession of forty .qrams or less of marihuana - Penalty. .(16,5) RCW 69.50.412, Prohibited acts: E- Penalties. (17_6) RCW 69.50.505, Seizure and forfeiture. (18._~) RCW 69.50.506, Burden of proof. (19_6) RCW 69.50.509, Search and seizure of controlled substances. (-1-920) RCW 69.50.425, Misdemeanor violations - Minimum imprisonment. SECTION 4. Chapter 6, Article VII, Section 6-161 of the Federal Way City Code, is hereby amended to read as follows: ORD # ,, PAGE 6 6-161 Frauds and swindles. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.04.010, False advertising. (2) RCW 9.12.010, Barratry. (3) RCW 9.12.020, Buying, demanding, or promising reward by district judge or deputy. (4) RCW 9.45.060, Encumbered, leased or rented personal property. (5) RCW 9.45.070, Mock auctions. (6) RCW 9.45.080, Fraudulent removal of property. (7) RCW 9.45.090, Knowingly receiving fraudulent conveyance. (8) RCW 9.45.100, Fraud in assignment for benefit of creditors. (9) RCW 9.26A. 120, Fraud in operating coin-box telephone or other receptacle. (10) RCW 9.26A.130, Penalty for manufacture or sale of slugs to be used for coin. (11 ) RCW 9.60.010, Definitions. (12) RCW 9A.60.040, Criminal impersonation in the first deqree. (13) RCW 9A.60.045, Criminal impersonation in the second deqree. (134_) RCW 9A.60.050, False certification. SECTION 5. Chapter 6, Article IX, Section 6-211 of the Federal Way City Code, is hereby amended to read as follows: ORD # ., PAGE 7 6-211 Theft, unauthorized issuance of bank checks and possession of stolen property. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.26A.110, Fraud in obtaining telecommunications service - Penalty. (2) RCW 9A.56.010, Definitions. (3) RCW 9A.56.020, Theft- Definition, defense. (4) RCW 9A.56.050, Theft in the third degree. (5) RCW 9A.56.060(1 ), (2), (3) and (5), Unlawful issuance of checks or drafts. (6) RCW 9A.56.096, Theft of rented, leased, or lease-purchased property. (67) RCW 9A.56.140, Possessing stolen property- Definition, credit cards, presumption. (7-8) RCW 9A.56.170, Possessing stolen property in the third degree. (8_9) RCW 9A.54.130, Restoration of stolen property - Duty of officers. (@10) RCW 9A.56.220, Theft of cable television services. (101) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation. (1-1-2) RCW 9A.56.260, Connection of channel converter. (123) RCW 9A.56.270, Shopping cart theft. (14) RCW 9A.56.280, Credit, debit cards, checks, etc. - Definitions. (15) RCW 9A.56.330, Possession of another's identification. ORD # , PAGE 8 SECTION 6. Chapter 6, Article Xll, Section 6-292 of the Federal Way City Code, is hereby amended to read as follows: 6-292 Riot - Failure to disperse - Obstruction, The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 91.84.010(!), ,o,,~,,,._.,,..,, Riot. (2) RCW 9A.84.020, Failure to disperse. (3) RCW 9.27.015, Interference, obstruction of any court, building or residence - Violations. SECTION 7. Chapter 6, Article XIII, Section 6-318 of the Federal Way City Code, is hereby amended to read as follows: 6-318 Injury to animals. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.08.020, Diseased animals. (2) RCW 9.08.030, False certificate of registration of animals - False representation as to breed. (3) RCW 9.08.065, Definitions. (4) P, CW 9.08.070, Pet animals - Taking, concealing, injuring, killing, etc. - Penalty. (5) RCW 9.08.072, Transferrin.q stolen pet animal to a research institution - Penalty. ORD # , PAGE 9 (6) RCW 9.08.078, Ille.qal sale, receipt, or transfer of pet animals - Separate offenses. (,57) RCW 16.52.207, Animal cruelty in the second degree. SECTION 8. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 9. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 10. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this . day of ,2004. CITY OF FEDERAL WAY ATTEST: MAYOR, CITY CLERK, N. CHRISTINE GREEN, CMC ORD # ., PAGE 10 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A.RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\Criminal update '03 ORD # , PAGE 11 CITY O14' 1 IA ,.A WAY City Council AGENDA BIi,I, SUBJECT: City llall 2% for Art-Artist Selection CA'I'I,;GORY: [~] CONSENT ~J ORI)INANCE [-] I~ESOIAJTION [] PUlllACIIEARIN(; ~l CITY COUNCIl, BUSINESS []~] OTIIER IIUI)GET IM PACT: Amounl Budgeled: $ Expendilure Ami.: $ Contingency Req'd: $ ATTACHMENTS: Committee Action Form dated January 9, 2004; City llall 2% for Art-Artist Sclcction SUMMARY/BACKGIIOUNI): On October 17, 2003 Council approved thc City ]]a]l 2% for Art budget and aulhorizcd staffto develop an artist prospcctus for thc Extcrior/lntcrior I~obby. Thc prospectus was distributed rcgionally to 54 arlists who mci thc critcria. Thc art budget for this portion of thc projcct is $176,985.00. Al thc first panel meeting, 14 artist submilials wcrc reviewed and three finalists were selected. Thc three artists selected to interview were Claudia Filch, Stuart Nakamura, and Noric Sato. At thc second panc] meeting, cach finalist had forty-fivc minutes to prcscnt his/hcr past work and answcr questions thc pmacl had prepared. Following thc finalists' prcscntations, thc panel dcbatcd thc merits of each artist. Thc vote was unanimous for Ms. Sato. Thc Arts Commission voted during thc January 8, 2004 Commission Meeting to approve thc artist Noric Sato. CITY COUNCil, COMMITTEE RECOMM ENI)ATION: Motion to rccommcnd to Council a "do pass" to approve thc following itcms and to place bcforc City Council on thc January 20, 2004 agcnda for approval: 1). Thc sclcclion of thc artist Noric Sato for thc 2% for Art Program for thc City l lall projcct and Claudia Fitch as an altcrnatc should Ms. Sato bc unablc to complctc or acccpt thc commission. 2). Authorize thc City Manager to enter into an agrccmcnt with Ms. Sato for $176,985.00 for design, fabrication and installation of artwork at thc ncw City 1 lall. i'ROI'OSEI) MOTION: "1 move approval of thc City llall 2% for Art-Artist Sclcction as prcscntcd." Ci 15 MANAGER Al I ROVAIx (BI£LOW TO BE COMPLETI£D B Y CITY CLERKS OI~'FiCE) COUNCI i~ ACTION: APIqlOVEI) I)ENIEI) [-] TABIA~;I)/I)IgirEIIIII~;I)/NO ACTION COUN(311~ Bi IA~ ~/ I ST reading Enactment reading [] MOVED TO SECOND REAl)lNG (ordinances only) -REVISED - 05/10/2001 ORI)INANCE fl RESOI.UTION # CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAl, SERVICES MEMORANDUM Date: To: From: Via: Subject: January 9~ 2004 PRHSPS Council Committee Mary Faber, Re..?~atiou and Cultural Services C~di~lator David Mose~ IL~t~Manager City Hall 2% for Art-Artist Selection Background: On October 17, 2003 Council approved thc City Hall 2% for Art budgct and authorized staff to develop an artist prospectus for the Exterior/Interior Lobby. The prospectus included information that thc project would require artists to dedicate significant time for proposal development, design and artwork fabrication beginning January 2004 with a projected conclusion of September 2004. The prospectus was distributed regionally to 54 artists who met the following criteria: 1). Previous public art experience with projects of similar size. 2). Artists were included as a Dcsign Team Artist or Artist Made Building Parts Artist through the King County Arts Roster. The art budget for this portion of the project is $176,985.00. The Arts Commission convened a panel in Deccmbcr 2004 to review the artist submittals. Panelists included representation from thc City Council, Arts Commission, two profcssional public artists, an owncr representative, and three Fedcral Way citizens. At the first pancl mecting, 14 artist submittals were reviewed and three finalists were selccted on the basis of quality and strength of past work, ability to create artwork appropriate for a civic building and their availability to bcgin work immediately. Thc three artists selected to interview were Claudia Fitch, Stuart Nakamura, and Noric Sate. The finalists attended an on-site orientation and tour of the building with staff. They receivcd a packet of background information and werc givcn thc interview questions in advance. At thc second panel meeting, the each finalist had forty-five minutes to prescnt his/her past work and answer questions the panel had prepared. Following thc finalists' presentations, the panel debatcd thc mcrits of each artist. Thc panel felt each finalist had prcparcd wcll for thc interview m~d showed excellent potential to create artwork appropriate for City Hall. Following a lengthy debate the panel selected Norie Sate as the recommendcd artist to forward to the Commission. The vote was unm~imous for Ms. Sate. The panel felt her cxtensivc experience with civic projects across the United States set her apart. They found hcr work to be inspiring, dignified and beautifully suited for the new City Hall. The panel was impressed with her ability to look at the big picture and her understanding of how public spaces work. The artist will be asked to considcr thc cntry and develop proposals for site-specific artwork embracing the goals of thc Federal Way Arts Commission to incorporate art clements that reflect civic character and provide a welcoming and inviting feeling. Claudia Fitch was selected as the Alternate should Ms. Sato bc unable to accept or complete the commission. The Arts Commission voted during the January 8, 2004 Commission Meeting to approve the artist Norie Sato from Seattle, Washington for the City Hall Project and Claudia Fitch as an Alternate for forward to City Council for approval. Norie Sato has expcriencc working in a variety of media: glass, steel, electronic media, cast bronze, light, terrazzo, and landscaping concepts. Shc was one of four lead artists whosc work is incorporatcd into the Scattlc Justice Ccntcr and onc of three artists fealured in Portlm~d City Hall. She serves as thc lead artist for the light rail segment of SoundTransit, the regional transit system. She is integrating art into the terminal-wide refurbishment project for Miami lntcrnational Airport and on the design team for two light rail stations in Salt Lake City. A multi-facetcd artist who produces studio artwork, designs on collaborative tcams and develops mastcr plans for facilities and communities, Ms. Sato is nationally recognizcd as a public art pionccr with morc than 30 years experience. Many national and regional collections feature Ms. Sato's artwork, and she receivcd thc 1997 Gcorgc Tsutakawa Award for thc Advancement of Public Art presented by Allied Arts of Seattle. Committee Recommendation: Motion to recommend to Council a "do pass" to approve the following items and to place before City Council on thc January 20, 2004 agcnda for approval: 1). The selection of thc artist Nori Sato for Ibc 2% for Art Program for the City Hall project and Claudia Fitch as an altcrnatc should Ms. Sato bc unablc to complctc to complete or accept thc commission. 2). Authorize thc City Manager to enter into an agreement with Ms. Sato for $176,985.00 for design, fabrication and installation of artwork at the new City Hall. IIAPPROVAL OF COMMITTEE~ i :/councilin Fo/2004/CH artcO ract1.04 MEETING DATE: February 3, 2004 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENTS CATEGORY: [] CONSENT [] ORDINANCE [] RESOLUTION [] PUBLIC HEARING [] CITY COUNCIL BUSINESS [] OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt.: $ Contingency Req'd: $ ATTACHMENTS: none SUMMARY/BACKGROUND: At a special meeting on February 3, 2004, the City Council will interview applicants to fill three vacant positions on the city's Human Services Commission. Two of the commissioners whose terms have expired have reapplied; both of the existing alternates have also applied for voting positions. The Council will confirm their new appointments during that evening's regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: none PROPOSED MOTION: I hereby move the appointment of the following persons to the city's Human Services Commission, all for 3-year terms through January 31, 2007: (The City Clerk will arrange for introductions and certificate presentations at the February 17 regular meeting) CITY MANAGER APPROVAL:~ (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: [] APPROVED [] DENIED [] TABLED/DEFERRED/NO ACTION [] MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION #