City Council

LAKEWOOD CITY COUNCIL AGENDA Monday, March 19, 2018 7:00 P.M. City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 Page No. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PROCLAMATIONS AND PRESENTATIONS 1. Business showcase. – Lakewood Appliance – Mr. Ted Warner, Co-owner ( 4) 2. Proclamation declaring March 11 - May 11, 2018 as PIERCE COUNTY READS – Ms. Kim Archer, Branch Manager, and Ms. Jeanine Adams, Community Branch Supervisor, Pierce County Library System PUBLIC COMMENTS C O N S E N T A G E N D A ( 5) A. Approval of the minutes of the City Council meeting of March 5, 2018. (10) B. Approval of the minutes of the City Council Study Session of March 12, 2018. The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 589-2489, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us City Hall will be closed 15 minutes after adjournment of the meeting. Lakewood City Council Agenda -2- March 19, 2018 Page No. (16) C. Motion No. 2018-15 Awarding a bid to Tucci & Sons, Inc., in an amount not to exceed $758,000, for roadway improvements at Fort Steilacoom Park. (20) D. Items Filed in the Office of the City Clerk: 1. Community Services Advisory Board meeting minutes of January 17, 2018. 2. Lakewood’s Promise Advisory Board meeting minutes of February 1, 2018. 3. Parks and Recreation Advisory Board meeting minutes of January 23, 2018. 4. Planning Commission meeting minutes of February 21, 2018. 5. Lakewood Arts Commission meeting minutes of February 5, 2018. R E G U L A R A G E N D A ORDINANCES (32) Ordinance No. 678 Amending Sections 18A.20.600, 18A.90.200 and 18A.30.530 of the Lakewood Municipal Code relative to flea markets. – Assistant City Manager for Development Services. (41) Ordinance No. 679 Amending Sections 5.02.010, 5.02.100 and 5.12.013 of the Lakewood Municipal Code relative to business licenses for flea markets. – Assistant City Manager for Development Services UNFINISHED BUSINESS NEW BUSINESS REPORTS BY THE CITY MANAGER The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 589-2489, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us City Hall will be closed 15 minutes after adjournment of the meeting. Lakewood City Council Agenda -3- March 19, 2018 Page No. CITY COUNCIL COMMENTS ADJOURNMENT The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk’s Office, 589-2489, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us City Hall will be closed 15 minutes after adjournment of the meeting.  CITY OF LAKEWOOD PROCLAMATION WHEREAS, in recognition of Pierce County Library System’s Pierce County READS, presented by The News Tribune and with sponsorship provided by KeyBank Foundation and Pierce County Library Foundation; and WHEREAS, Pierce County READS seeks to engage, involve, and connect people throughout Pierce County; and WHEREAS, Pierce County READS is the largest community reading event in the state, when people read an award-winning author’s work, participate in free events, join in group discussion, and attend a free event to meet the nationally known, best-selling author on May 11, 2018, at 7 p.m.; and WHEREAS, Pierce County Library is offering this community-wide program in collaboration with numerous community partners. NOW, THEREFORE, BE IT RESOLVED BY THE Lakewood City Council that March 11 through May 11, 2018 is proclaimed as PIERCE COUNTY READS in the City of Lakewood and urge all citizens to promote the importance of reading. PROCLAIMED this 19th day of March, 2018. _____________________________ Don Anderson, Mayor ATTEST: ________________________ Alice M. Bush, City Clerk 004  LAKEWOOD CITY COUNCIL MINUTES Monday, March 5, 2018 City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 ________________________________________________________________ CALL TO ORDER Deputy Mayor Whalen called the meeting to order at 7:00 p.m. ROLL CALL Councilmembers Present: 6 – Deputy Mayor Jason Whalen; Councilmembers Mary Moss, Mike Brandstetter, John Simpson, Marie Barth and Paul Bocchi. Councilmember Excused: 1- Mayor Don Anderson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Deputy Mayor Whalen. PROCLAMATIONS AND PRESENTATIONS Proclamation declaring March 12-16, 2018 as Classified School Week. COUNCILMEMBER BRANDSTETTER PRESENTED A PROCLAMATION DECLARING MARCH 12-16, 2018 AS CLASSIFIED SCHOOL WEEK TO MS. IRENE ODA, PRESIDENT OF THE EDUCATIONAL SUPPORT PERSONNEL OF CLOVER PARK. Youth Council Report. The Youth Council reported on a joint meeting the Youth Council held with the Lakewood Multicultural Committee. Youth Councilmembers then reported on activities at various high schools. Clover Park School District Report. Clover Park School District (CPSD) Board Director Wagemann reported on the 2018-2019 school calendar. He announced the academic school champions, and noted that the STEM Fair will be held on March 10, 2018 at 10:00 a.m., at Clover Park High School, followed by the awards ceremony on March 22, 2018. Parent- teacher conferences will be held on March 14-16, 2018. Kindergarten registration starts on March 14, 2018. He announced the winners of the Kids can cook contest. 005 Lakewood City Council Minutes -2- March 5, 2018 He then spoke about the District sponsored interpreter classes that were held. He announced that May 26, 2018 will be the snow make-up day. The new Mann middle school will be open in 2020. PUBLIC COMMENTS Speaking before the Council were: Casey Ingels, Tactical Tailor, Lakewood resident, thanked the Council and City staff for supporting Tactical Tailor and working through high level problems to retain jobs that minimizes impacts for Tactical Tailor’s employees. Dennis Haugen, Lakewood resident, spoke about President Trump, illegal immigrants and obstruction of justice. Daniel Fistbennet, Lakewood resident, Merrill Creek Apartments, spoke about monthly Lakewood atheist meetings and invited Council to their March 17, 2018 meeting. C O N S E N T A G E N D A A. Approval of the corrected minutes of the City Council Study Session of February 12, 2018. B. Approval of the minutes of the City Council meeting of February 20, 2018. C. Approval of the minutes of the City Council Study Session of February 26, 2018. D. Approval of payroll checks, in the amount of $2,355,147.71 for the period January 16, 2018 through February 15, 2018. E. Approval of claim vouchers, in the amount of $2,405,146.69, for the period January 13, 2018 through February 15, 2018. F. Items Filed in the Office of the City Clerk: 1. Planning Commission meeting minutes of February 7, 2018. 2. Landmarks & Heritage Advisory Board meeting minutes of January 25, 2018. COUNCILMEMBER BOCCHI MOVED TO ADOPT THE CONSENT AGENDA AS PRESENTED. SECONDED BY COUNCILMEMBER BARTH. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY. R E G U L A R A G E N D A 006 Lakewood City Council Minutes -3- March 5, 2018 PUBLIC HEARINGS AND APPEALS This is the date set for a public hearing on zoning code amendments relative to flea markets. Speaking before the Council was: Dennis Haugen, Lakewood resident, expressed concerns about structuring codes and regulations that are stringent and prohibitive. There being no further testimony, the hearing was declared closed. UNFINISHED BUSINESS None. NEW BUSINESS Motion No. 2018-14 authorizing the execution of an interlocal agreement with Pierce County, the City of Lakewood, and the City of University Place for cooperative planning, design and construction of the Chambers Creek Canyon Trail. COUNCILMEMBER SIMPSON MOVED TO AUTHORIZE THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PIERCE COUNTY, THE CITY OF LAKEWOOD, AND THE CITY OF UNIVERSITY PLACE FOR COOPERATIVE PLANNING, DESIGN AND CONSTRUCTION OF THE CHAMBERS CREEK CANYON TRAIL. SECONDED BY COUNCILMEMBER MOSS. VOICE VOTE WAS TAKEN AND CARRIED UNANIMOUSLY. REPORTS BY THE CITY MANAGER City Manager Caulfield called on City Attorney Wachter who introduced the Keller Rohrback LLP attorneys on the Purdue Pharma litigation relative to the opioid case, who provided an overview of the case. Discussion ensued on what documentation would Keller Kohrback look for the City to provide (data on the damages that opioid has caused); what correlation has been found on the use of opioids and homelessness; how many manufacturers are there; how does this differ from past historic pain relievers (ie heroin, oxycodone, etc). what are the advantages and disadvantages for cities to join in the suit; what is the reason for the case to be heard in Ohio; and using data driven solutions in addressing the problems and crisis. City Manager Caulfield reported that the cutoff for Legislative bills was Friday, March 2, 2018 and there may be a flurry of amendments. He announced that the session adjourns on March 8, 2018. 007 Lakewood City Council Minutes -4- March 5, 2018 He reported that a developer for a 264 apartment project is interested in a multi- family tax exemption program in Springbrook and City staff will need more information on the viability of the project prior to Council consideration. He announced that the Planning Commission will be holding an Open house on the Central Business District subarea plan on March 21 at 5:30 p.m. A joint Planning Commission and City Council meeting is scheduled for April 9, 2018. The first adult family ordinance is scheduled for Council consideration in March/April. Marijuana use is scheduled in the April/May time frame. He reported that WSDOT has authorized the award of the grant for the Gravelly Lake Drive Non-Motorized Trail project. Bid opening on this project is scheduled for March 27, 2018 with award of the bid on April 2, 2018. He announced that the Onyx Drive neighborhood meeting is scheduled for March 20, at 6:00 p.m. at Oakbrook Elementary School Library. He then announced the following meetings and events: • March 7, AUSA Chapter meeting. • March 8, 11:30 AM to 1:30 PM, Tacoma-Pierce County EDB’s Annual Meeting, Greater Tacoma Convention Center • March 8, 6:30 PM, League of Women Voters Transportation Meeting, Steilacoom City Hall • March 8, 3rd Annual Hoops 4 Heroes Basketball Game, sponsored by the Association of the United States Army Captain Meriwether Lewis DuPont- Steilacoom Subchapter, Pierce College, Health Education Center • March 27, 2018, CIS Breakfast, 7:00 a.m., McGavick Center CITY COUNCIL COMMENTS Councilmember Moss spoke about an event she attended in Tillicum where nursing students had reported on old data and information. She indicated that she attended a Lakewood’s Promise Advisory Board meeting. She then spoke about a joint Youth Council and Lakewood Multicultural Coalition meeting she attended. Councilmember Brandstetter asked Councilmembers if they were interested in partnering with the Lakewood First Lions Club to provide a youth scholarship similar to the AWC Center for Quality Communities Youth Scholarship award. He then spoke about a dinner auction he attended at St. Frances Cabrini School and their efforts to fundraise for the arts. He announced that he will be attending the March 20, 2018 annual Lakewood Light & Power meeting. Councilmember Simpson thanked the City Attorney for inviting the attorneys from Keller Kohrback, LLC to discuss the opioid case. 008 Lakewood City Council Minutes -5- March 5, 2018 Deputy Mayor Whalen spoke about the Community Executive Leadership Team meeting he attended last week. He reported that the next meeting will include a trip to various areas of the city. He indicated that he will be attending the Economic Development Board annual meeting this week where the Woodbrook Industrial Park will be recognized. He reported on the Arts Commission meeting he attended and their discussion about various art projects and events. He noted that he will be representing the City at the Chambers Washington, DC trip in May, 2018. ADJOURNMENT There being no further business, the meeting adjourned at 8:53 p.m. _____________________________________ JASON WHALEN, DEPUTY MAYOR ATTEST: ____________________________ ALICE M. BUSH, MMC CITY CLERK 009  LAKEWOOD CITY COUNCIL MINUTES Monday, March 12, 2018 city of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 ________________________________________________________________ CALL TO ORDER Mayor Anderson called the meeting to order at 7:03 p.m. ROLL CALL Councilmembers Present: 7 – Mayor Don Anderson; Deputy Mayor Jason Whalen; Councilmembers Mary Moss, Mike Brandstetter, John Simpson, Marie Barth and Paul Bocchi. ITEMS FOR DISCUSSION: Review of the 2019-2020 human services funding strategies Human Services Coordinator Shields introduced Mr. Paul Calta, Chair of the Community Services Advisory Board and other members of the Board in the audience. Ms. Shields provided a historical review of agencies who have been funded with human services funding and number of clients served over the past ten years. Discussion ensued about past Community Development Block Grant and HOME Investment Partnership Act funds that have also been expended to provide human services that should be included in the data presented. Mr. Calta reviewed the 2019-2020 human services funding application and allocation process. Discussion ensued on the what is the purpose and value of having agencies file financial audits with their application; what is the description of HIV case management services; what percentage of funding has been allocated to the various strategies such as youth, health, safety, and basic needs. Further discussion ensued as to whether clothing and school supplies fit with the emergency food and supplies funding strategy. Review of the Fiscal Year 2018 Consolidated Annual Action Plan and amendments to the Fiscal Year 2016 Consolidated Annual Action Plan proposed use of Community Development Block Grant and HOME Investment Partnership Act funding allocations 010 Lakewood City Council Minutes -2- March 12, 2018 Program Manager Gumm provided an overview of the Fiscal Year 2018 Consolidated Annual Action Plan and amendments to the Fiscal Year 2016 Consolidated Annual Action Plan and proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership Act funding allocations. Mr. Calta, Chair of the Community Services Funding Advisory Board, explained that the proposed Fiscal Year 2018 CDBG funding allocations includes physical improvements of 123rd Street roadway improvement ($250,000 CDBG), 108th Street roadway improvements ($51,000 Section 108 loan funds), major home repair sewer loan program of ($59,000 CDBG), affordable housing ($30,000 HOME) and housing rehabilitation ($150,000 HOME). Discussion ensued on the repayment of the Curbside loan Section 108 loan; and will there not be an economic development loan fund (no). Abatement program update Program Manager Gumm provided an update on the 2017 abatement program and abatements currently underway in 2018. Discussion ensued on the status of the Lakewood Center Building at 9616 Gravelly Lake Drive; what is the intention of the Metropolitan Development Council property that was demolished; will the new legislative bill on housing be helpful by allowing banks to be able to access dangerous buildings/properties; and how many properties on the pending abatement list are rental housing that are in the rental housing program that may need to be relocated. Central Business District Subarea Plan update Assistant City Manager for Development Services Bugher provided an update on the Central Business District Subarea Plan that will include an environmental impact statement, a Downtown Plan, downtown policy, revised zoning code, revised Comprehensive Plan and capital facilities plan. Discussion ensued on the Central Business District boundaries; how should the Council prepare for the April 9, 2018 joint meeting with the Planning Commission; can citizen comments about the subarea Plan be compiled and posted to the website and providing the Council with materials to review a week prior to the joint meeting. ********* Council recessed at 8:58 p.m. and reconvened at 9:09 p.m. ********* Strategic Plan update Assistant to the City Manager Kelley-Fong provided an overview of the Strategic Plan, Goals, Objectives and Work Plan. 011 Lakewood City Council Minutes -3- March 12, 2018 Discussion ensued on creating a municipal dashboard; why not start the public safety goal with “Lakewood is safe” as opposed to “increase the perception of public safety”; if the goal is to promote or ensure safety as a priority, and perception is a problem, perhaps perception would be more appropriately addressed under the transparency goal versus public safety. Further discussion ensued on what is the thought surrounding the development of a small business incentive program; adding infrastructure improvements in economic development; and providing the documents for Council review in “Word” format. ITEMS TENTATIVELY SCHEDULED FOR THE MARCH 19, 2018 REGULAR CITY COUNCIL MEETING: 1. Business showcase. – Lakewood Appliance – Mr. Ted Warner, Co-owner 2. Proclamation declaring March 11 – May 11, 2018 as Pierce County READS. - Ms. Kim Archer, Branch Manager, and Ms. Jeanine Adams, Community Branch Supervisor, Pierce County Library System. 3. Awarding a bid on the Fort Steilacoom Park road improvement project. – (Motion – Consent Agenda) 4. Awarding a bid for 2018 pavement patching. – (Motion – Consent Agenda) 5. Adopting zone code amendments relative to flea markets. – (Ordinance – Regular Agenda) 6. Adopting Title 5 business license amendments relative to flea markets. – (Ordinance – Regular Agenda) REPORTS BY THE CITY MANAGER City Manager Caulfield reported that there were a couple train issues over the weekend that included positive train controls in which no communication was provided. He indicated that City staff is working on this. He reported that the State Legislature has concluded their session and has transferred Ft. Steilacoom Park to the City, budgeted $400,000 to extend water to Ft. Steilacoom Park, budgeted $500,000 for the Lakewood Colonial Center, budgeted approximately $1 million for Harry Todd Park waterfront improvements, and advanced $2 million for sidewalk improvements on Veterans Drive from Alameda to American Lake Park. A post-session report from the City’s government relations team has been scheduled as part of the City Council’s April 2, 2018 regular meeting. A proclamation is being prepared to thank and recognize the 28th and 29th District legislators for their work during this session and to thank them at a future City Council meeting, similar to what has been done in the past. 012 Lakewood City Council Minutes -4- March 12, 2018 He reported that the Parks and Recreation Director made a presentation before the State Legislature Heritage Caucus to discuss restoration of the Ft. Steilacoom barns. He reported that a Memorandum of Understanding with the Rotary Club of Lakewood is being drafted relative to the Ft. Steilacoom Park Pavilion that will be brought before the City Council in the near future. City staff is checking with the contractor to schedule a ground breaking ceremony based on when they plan on mobilizing and starting the work. He announced that the rental housing safety program lottery is almost ready. Internal testing is being finalized. He reported that the Planning Commission held a public hearing last week on adult family homes and have made recommendations for the City Council to consider adopting. This recommendation will be coming forward to the City Council as part of the Council’s March 26, 2018 study session followed by a public hearing at the Council’s April 2, 2018 regular meeting. He noted that the stormwater utility rate study policy item will be coming back to the Council as part of the Council’s March 26, 2018 Study Session. He announced that more Habitat for Humanity Homes will be constructed in Tillicum. He recognized Human Resources Director Mary McDougal and the Wellness Committee for receiving the 2018 Well City Award by the Association of Washington (AWC) Cities. This achievement earns the City of Lakewood a 2 percent discount on all AWC medical premiums in 2018. He announced that six bids were received for the Fort Steilacoom Park road improvements projects. At this time, Tucci & Sons, yet to be confirmed, appears to be most responsive bid. He reported that the Arts Commission is looking to moving the Christmas Tree lighting ceremony from a Friday to a Saturday this year. He reported on a Pierce County Library System Advisory Committee meeting he attended to look at options on for providing library services and funding. He reported that Mr. Tom Slee, a former veteran who served on the Veterans Memorial Committee approached the City expressing an interest to sell the remaining 242 bricks at the City’s veterans’ memorial site for engraving. The Parks and Recreation Director and City Clerk will be working with Mr. Slee. He announced that the Pierce County Reads, chosen book is March, and their kick-off event will be held on May 11, 2018, at 7:00 p.m. at Olson Auditorium at Pacific Lutheran University. 013 Lakewood City Council Minutes -5- March 12, 2018 He then announced the following meetings and events: • March 14, 4:00 PM, Police Department Commissioning and Awards Ceremony, City Council Chambers • March 20, 6:00 PM, Neighborhood Meeting: Onyx Drive: 97th to Phillips Road Improvement Project, Oakbrook Elementary School Library COUNCIL COMMENTS Councilmember Moss commented on an AUSA meeting she attended. She also spoke about the Hoops basketball game she attended at Pierce College and the Economic Development Board meeting she attended. Councilmember Bocchi commented on the Economic Development Board meeting he attended. He announced that the Communities In Schools breakfast will be held on March 27, 2018. He also commented on the Clover Park School District Board meeting he attended. He noted that he will not be able to attend the Pierce County Regional Council meeting on March 15, 2018. Councilmember Brandstetter commented on the Lake City Neighborhood Association meeting and their discussion regarding weeds in American Lake. He then spoke about discussions he had with colleagues on the Flood Control Zoning District Advisory Board regarding federal matching dollars. Councilmember Barth spoke about the Public Safety Advisory Committee meeting she attended. Deputy Mayor Whalen also commented on the Economic Development Board meeting he attended. He noted that he will be serving as Chair of the Economic Development Board meeting. He commented on the large attendance at Ft. Steilacoom Park over the weekend. He announced that he will be attending the Community Executive Leadership Team meeting this week. Mayor Anderson commented on the Pierce Transit Board meeting he attended and noted the changes to the Board’s makeup due to changes of being a Transportation Benefit District. He reported that the County will be meeting with the Beecher Foundation, who provides healthy food choices education, to invest in the Tillicum/Springbrook area. He spoke about the AUSA meeting he attended. He then commented on a memorial service he attended for Tom Swarner. He noted that the Ft. Steilacoom Park Golf course may be turned into another use. ********** Mayor Anderson announced that the Council will recess into Executive Session for approximately 15 minutes to discuss real estate acquisition pursuant to RCW 42.30.110(1)(b) to consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price. 014 Lakewood City Council Minutes -6- March 12, 2018 Council recessed at 10:20 p.m. At 10:35 p.m. Mayor Anderson announced that Executive Session will be extended an additional 10 minutes. Council reconvened at 10:45 p.m. ADJOURNMENT There being no further business, the meeting adjourned at 10:45 p.m. _____________________________________ DON ANDERSON, MAYOR ATTEST: ____________________________ ALICE M. BUSH, MMC CITY CLERK 015  REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: Authorizing the TYPE OF ACTION: REQUESTED: execution of an agreement with Tucci & Sons, Inc., in an ORDINANCE NO. 3-19-2018 amount not to exceed $758,000, for roadway improvements at RESOLUTION NO. REVIEW: Fort Steilacoom Park. x_ MOTION NO. 2018-15 3-19-2018 ATTACHMENTS: OTHER Bid Tabulation SUBMITTED BY: Mary Dodsworth, Director Parks, Recreation and Community Services RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Tucci & Sons, Inc., for installation of roadway improvements at Fort Steilacoom Park in an amount not-to-exceed $758,000. DISCUSSION: The asphalt paving within Fort Steilacoom Park has deteriorated due to the age of the pavement and the impacts of weather and an ever increasing volume of traffic. This past fall, the City hired the engineering firm of Gray & Osborne to design the paving and drainage from the park entry at 87th Ave SW along Waughop Lake Road to the new parking lot near Waughop Lake and north along Angle Lane to, and including, the Angle Lane parking lot (near the soccer fields). The design calls for crushing the existing roadway and leaving it in place as sub-base for new asphalt paving, new parking areas, concrete curbs for traffic and storm water control and new drainage structures as needed to remove water from the roadway surface. Bids were opened on March 8, 2018 and the City received six responsive proposals. The bid consisted of a base-bid for repaving Waughop Lake Rd with alternates for Angle Lane, the Angle Lane parking lot and enhanced concrete curbing. Because the City desires to move forward with installing new water and sewer utilities along Angle Lane to serve current and future development, we are recommending accepting the base-bid, Angle Lane parking lot and associated concrete curbing for this phase of work. The low bid submitted by Tucci and Sons for the above referenced work is $758,000. This work will be exempt from state sales tax because of the qualification as road reconstruction. (Continued). ALTERNATIVE(S): Council could not approve contract and request an alternative scope of work for re-design and re-bidding. This would delay construction and road improvements. FISCAL IMPACT: Fiscal impact of this contract is $758,000. The City budgeted $750,000 in the Parks Capital budget and an additional $250,000 is being recommended for 2018 budget adjustment to cover all project costs for a total project cost of $1,000,000. Prepared by City Manager Review Department Director 016 DISCUSSION (CONTINUED): To expedite construction, we plan to close the main roadway into the park during construction. Access to the park and parking lot near the baseball fields (along Steilacoom Blvd) will remain open as well as a temporary access along Angle Lane to the new parking lot near Waughop Lake from the southeast corner of the park (Elwood Drive and Angle Lane). Notification will be provided to neighbors in the area as well as additional signage and safety markers. 017 018  Fort Steilacoom Park Roadway Restoration Project Bid Tabulation Bid Opening 2:00pm 3/8/2018, American Lake Room Alt 3- Waughop Alt 4- Angle Ln Barrier Base plus Base Plus Alternates 2&3 Contractor Base Bid- Waughop Rd Alt 1- Angle Lane Alt 2- Angle Ln Parking Barrier Curb Curb ALL ALTERNATES TOTAL CONTRACT TOTAL Tucci & Sons Inc 4224 Waller Rd Tacoma WA 98443 $644,000.00 $198,000.00 $66,000.00 $48,600.00 $14,025.00 $970,625.00 $758,600.00 1 Miles Resources LLC 400 Valley Ave NE 2 Puyallup WA 98372 $815,000.00 $303,890.00 $65,199.00 $58,320.00 $16,830.00 $1,259,239.00 $938,519.00 Sterling Breen Crushing 887 State Route 507 Centralia, WA 98531 $689,600.00 $206,000.00 $65,200.00 $114,300.00 $34,400.00 $1,109,500.00 $869,100.00 3 RW Scott Construction 4005 W Valley Hwy St A 4 Auburn WA 98001 $795,411.00 $225,568.00 $94,960.00 $25,920.00 $8,415.00 $1,150,274.00 $916,291.00 Midway Underground LLC Box 1107 5 Toledo WA 98591 $813,417.00 $200,000.00 $95,000.00 $64,800.00 $18,700.00 $1,191,917.00 $973,217.00 Puget Paving & Construction 10910 26 Ave S Lakewood WA 98499 $817,195.00 $224,895.00 $55,000.00 $69,984.00 $20,196.00 $1,187,270.00 $942,179.00 6 Engineers Estimate $793,772.00 $243,011.25 $88,146.25 $64,800.00 $18,700.00 $1,208,429.50 $946,718.25 019 020 021 022 023 024 025 026 027 028 029 030 031  REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: Amending Title 18A, the Land Use TYPE OF ACTION: REQUESTED: and Development Code, to broaden the  ORDINANCE NO. 678 March 19, 2018 definition of “flea market” to include both new and used items RESOLUTION NO. MOTION REVIEW: ATTACHMENTS: February 26, 2018 (Study Draft Ordinance OTHER Session); March 5, 2018 (Public Hearing) SUBMITTED BY: David Bugher, Assistant City Manager, Development Services. RECOMMENDATION: That the Mayor and City Council APPROVE the attached Draft Ordinance. DISCUSSION: Application: The City has initiated a settlement agreement with the Star-Lite Market Place Square, LLC, located at 8327 South Tacoma Way. Part of the settlement process requires a minor amendment to the City’s Land Use and Development Code, Application Nos. LU-17-00256 (ZOA text amendment) and LU- 17-00257 (SEPA Checklist). The amendment, if approved, allows a flea market to sell both new and used goods. The text of the amendment is quite simple, literally, it adds the terms, “…new…” and “…new and…” to three sections of the land use and development code [18A.20.600 (U.), 18A.90.200, and 18A.30.530 (D.) (37.)]. SEE NEXT PAGE. ALTERNATIVE(S): 1) Take NO ACTION on the Draft Ordinance in which case the status quo would remain; 2) AMEND the content of the Draft Ordinance; however, if the amendment were substantive it may require further review by the planning commission prior to the final City Council action. Neither of these alternatives is preferred. FISCAL IMPACT: Potentially, this action would reduce legal fees and potential liability. Temporary business license fees would be reduced although the overall impact on the business license revenues is nominal. Prepared by City Manager Review Department Director 032 DISCUSSION, CONTINUED: Application Process: Public/Agency Notice: The proposed action is a Process V Permit. A Process V Permit is defined as an extensive text or area-wide map revisions of the comprehensive plan, the land use and development code; zoning of annexed land and/or adoption of new planning-related ordinances. Pursuant to RCW 36.70A.106, the City submitted to the Washington State Department of Commerce a copy of the draft ordinance. Surrounding public agencies, including JBLM, were also afforded the opportunity to provide public comment. This type of permit requires a public hearing before the planning commission. A public hearing before the City Council is optional (LMC 18A.02.565). Process V Permits have specific notice requirements: The requirements include: 1) content; 2) publication at least once in the newspaper of record and the City’s website; and notice must be mailed, posted and first published not less than fifteen (15) nor more than thirty (30) days prior to the hearing requiring the notice (LMC 18A.02.700). After adoption, the text of the action either in summary form, or the entire ordinance, must be published in the newspaper of record (RCW 35A.12.16). Environmental Review: The Responsible Official on behalf of the City of Lakewood has made a determination that this project does not have a probable significant adverse impact on the environment. An environmental impact statement is not required under RCW 43.21C.030 (2) (c). This decision was made after review of an environmental checklist and other information on file. A Preliminary Determination of Nonsignificance (DNS) was issued under WAC 197-11-340(2) and became final on February 7, 2018. Review of Pierce County Countywide Planning Policies: Not applicable with this amendment. Planning Commission Consideration/ Recommendation: The Lakewood Planning Commission considered the proposal on the following dates: January 3, 2018 (Study Session); January 17, 2018 (Public Hearing); and February 7, 2018 (Recommendation). At the public hearing, there was neither oral nor written testimony provided. The Planning Commission made a recommendation supporting the amendment by the adoption of Planning Commission Resolution No. 2018-01 which is attached. LAKEWOOD MUNICIPAL CODE CRITERIA FOR AMENDMENT: Standards and Criteria to be Used by the Planning Commission and City Council to evaluate a request for an amendment (LMC 18A.02.415): A. The proposed amendment is consistent with the Comprehensive Plan. The proposed amendment is de minimis in nature and will simply continue to allow an already existing business to continue operations under a slightly different definition. B. The proposed amendment and subsequent development of the site would be compatible with development in the vicinity. 033  The existing business to which this zoning amendment pertains shall continue to operate as usual. The proposed amendment will not result in any changes to development outcomes because no development is being proposed. If development were to occur on this site in the future, the proposed amendment would not impact the site. C. The proposed amendment will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. The proposed text amendment will not alter the existing site and should not burden or negatively impact traffic or circulation in any way. D. The proposed amendment will not unduly burden the public services and facilities serving the property with significant adverse impacts which cannot be mitigated. The proposed text amendment is negligible and will not impact public services and/or facilities serving the property in any way. Adequate utilities and services are already available to this area and site. The minor text changes impact the definition for the Star Lite Market Place only. E. The proposed amendment will not adversely affect the public health, safety and general welfare of the citizens of the city. The proposed text amendment is a minor word amendment to the definition for the Star Lite Market Place and will not adversely impact the public health, safety and general welfare of the citizens of the city. F. The entire range of permitted uses in the requested zoning classification is more appropriate than the entire range of permitted uses in the existing zoning classification, regardless of any representations made by the petitioner as to the intended use of subject property. The proposed amendment will not change or expand the array of land uses that might be situated within the Commercial 2 (C2) zone in which the Star Lite Market Place is located. The amendment will be appropriate because the minor alteration to the definition will display more compatibility with the existing operations onsite. G. Circumstances have changed substantially since the establishment of the current zoning map or zoning district to warrant the proposed amendment. A lawsuit was filed and a hearing examiner decision was rendered which resulted in the need to make changes in zoning code language. H. The negative impacts of the proposed change on the surrounding neighborhood and area are largely outweighed by the advantages to the city and community in general, other than those to the individual petitioner. The proposed minor text amendment will benefit the community as a whole because it will establish a clear cut definition to the Star Lite Market Place which has been an outstanding issue for some time. There are believed to be no negative impacts which will arise from these minor text amendments. 034 CITY COUNCIL COMMENTS, FEBRUARY 26, 2018: There were questions from Mayor Anderson and Councilmember Bocchi concerning the impact this amendment would have on potentially expanding flea markets, or impacting existing secondhand businesses either for- or non-profit located throughout the City. The one example that was cited was Goodwill Industries International, Incorporated, which is located at 6002 Mount Tacoma Drive SW. However, other examples would include the Habitat for Humanity Store, 6030 Main Street SW, or the Treasure Chest at 11605 Bridgeport Way. Goodwill and Habitat operate existing conforming uses in the CBD zoning district; the Treasure Chest operates in the TOC zone as a legal, nonconforming use. Under the current code, Goodwill, the Habitat for Humanity Store, and the Treasure Chest are classified as “Sales of Secondhand Property Level 1.” This category allows for antique stores, used bookstores which do not constitute a sexually oriented business, used clothing, used furniture & appliances, jewelry & valuable coins, valuable collectibles sales, and antique malls where stalls are leased. So, what happens in the event these types of businesses were to sell new goods versus used goods, or new and used goods? Technically, under the zoning code, the use description would change to Sales of General Merchandise, or it is possible that the use type may be split between the two use types, depending on the situation. Flea markets & swap meets are in a different zoning use type classification, “Sales of Secondhand Property – Level 2.” They also have specific definitions which are distinct from the Sales of General Merchandise use type. The proposed zoning text changes would neither impact the existing flea market, nor result in the expansion of new operations. Further, it would have no effect on Goodwill, or other similarly related businesses engaged in secondhand sales. SIDE ISSUES: Number 1: For informational purposes, junk and/or salvage dealers, are not second hand sales. These uses are treated as Salvage/Wrecking Yards and Vehicle Storage Facilities Industrial use types. Used or pre-owned automobiles or other vehicles are not Sales of Secondhand Property. These uses are treated as Motor Vehicle Sales and Rental Commercial use types. Number 2: There are few large-scale, outdoor swap meets remaining in the Pacific Northwest. There is the SODO Flea Market which operates in South Seattle on the second Saturday of every month. The Sodo Flea Market is a collaboration of three existing businesses: Rejuvenation; Atlas Vintage; and the Fremont Vintage Mall. SODO is a “juried swap meet,” meaning they select their vendors. There is also the Fremont Sunday Market which refers to itself as a European-style street market. The market is year-round with about 150 vendors. Then there is the Seattle Indoor Market located in Tukwila. The site is relatively small and is located at the intersection of International Boulevard SW and 148th Street. Number 3: There is a pending pre-application to redevelop the Star-Lite Market Square property. If this application were to move forward, the swap meet would no longer remain in operation. Number 4: With the adoption of the Downtown Subarea Plan, the City Council can expect changes to the CBD underlying zoning classification. Your development staff has identified some areas needing clarification. More restrictive requirements or prohibitions to certain types of secondhand sales, social service use types, and/or 035 essential public facilities may be considered. The Downtown Subarea Plan policy document and EIS will be released in March. The modified form based zoning code is expected for release in early May. Adoption is currently scheduled for the June/July timeframe. 036  ORDINANCE NO. 678 AN ORDINANCE of the City Council of the City of Lakewood, Washington, amending Title 18A, the Land Use and Development Code, to broaden the definition of “flea market” to include both new and used items. WHEREAS, on or about September 23, 2016, Plaintiff Star Lite Garage Sale and Swap Meet (through Hank Bardon), commenced an action in the Superior Court of the State of Washington in and for Pierce County, captioned Complaint for Injunctive Relief, under cause No. 16-2-11339-2 against the City of Lakewood (hereinafter “Complaint” or “Lawsuit”); and WHEREAS, on or about September, 2016, and over objection of the City of Lakewood, the Pierce County Superior Court entered a Temporary Restraining Order against the City of Lakewood regarding enforcement of certain provisions of the City’s business licensing code; and WHEREAS, on or about November 21, 2016, the following individuals filed a document captioned Third Party Complaint for Declaratory and Injunctive Relief and Damages and Attorneys Fees against the City of Lakewood, also under Pierce County Cause No. 16-2-11339-2: Dennis Eros, Hubert Young, Victor Lopez, Willbert Illig, Carl Ritmanich, Soo Oh, Jae Park, John Seidl, Gary Wagner, Louis Fontenot, and Ted Bell; and WHEREAS, the Lawsuit makes various claims and claims for relief against the City of Lakewood, including but not limited to allegations that parts of the City’s business licensing code and regulations are excessive or unduly oppressive or that the City improperly enforces certain regulations and interferes with their business operations; and WHEREAS, the City of Lakewood denies all responsibility or liability for the claims, damages and actions claimed by Plaintiffs and Intervenors in the Lawsuit, and denies all claims for relief, whether equitable or legal, and all claims for damages, attorneys’ fees and costs; and WHEREAS, Plaintiffs and the City have engaged in settlement discussions, which discussions have resulted in a settlement proposal which is acceptable to City staff, but which must go through a defined and required approval process and must be considered and approved by the Lakewood City Council following an open public meeting, and the ultimate decision by the Lakewood City Council whether to approve or disapprove of the proposed legislative changes is a discretionary legislative act without assurances of approval or other action; and WHEREAS, the City finds that minor changes to the City’s code are necessary to better implement the purpose of the code. WHEREAS, the City initiated a text amendment application to Title 18A Lakewood Municipal Code, Case Nos LU-17-00256 (text amendment), and LU-17-00257 (SEPA); and WHEREAS, on January 18, 2018, the Lakewood Planning Commission conducted a public hearing on proposed zoning text amendments; and WHEREAS, no one spoke in favor or in opposition to the amendments; and 037  WHEREAS, on February 7, 2018, the Lakewood Planning Commission recommended approval to the Lakewood City Council the proposed zoning text amendments by adoption of Planning Commission Resolution No. 2018-01, herein incorporated by this reference; and WHEREAS, on March 5, 2018, the Lakewood City Council conducted a public hearing on the proposed zoning text amendments. WHEREAS, on March 19, 2018, the Lakewood City Council considered Applications LU-17- 00256 (text amendment), and LU-17-00257 (SEPA) at its regular meeting. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON HEREBY ORDAINS, Title 18A Lakewood Municipal Code shall be amended as follows: Section 1. 18A.20.600 Commercial Use Category - Land Use Types and Levels. The Commercial use category includes establishments, facilities, and individuals proving services and the sale, distribution or rental of goods that benefit the daily needs of the general public, which are not otherwise classified in another use category. ----- U. Sales of New and Secondhand Property. Individuals or establishments that sell new and secondhand property. Examples include pawnbrokers; secondhand, antique, junk and/or salvage dealers; and transient traders in secondhand property, including garage sales and flea markets. This use type does not include used or pre-owned automobiles or other vehicles, which are instead treated as Motor Vehicle Sales and Rental Commercial use types, nor wrecking or parts yards, which are instead treated as Salvage/Wrecking Yards and Vehicle Storage Facilities Industrial use types. Level 1: Antique stores; used bookstores which do not otherwise constitute Sexually Oriented Business Commercial use types; and used clothing, furniture and appliances, jewelry and valuable coins, and valuable collectibles sales. Level 2: Surplus, military, and miscellaneous sales and flea markets. Flea markets include swap meets but does not include antique malls where stalls are leased, which are instead treated as a Level 1 use listed above. This use type does not include junk and/or salvage dealers, which are instead treated as Salvage/Wrecking Yards and Vehicle Storage Facilities Industrial use types. Level 3: Pawnshops, subject to the provisions of LMC 5.12. Businesses which are engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits, or conditional sales of personal property; or which publicly display, at or near their place of business, any sign or symbol generally used by pawnbrokers or indicating that the business loans money on personal property on deposit or pledge. Section 2. 18A.90.200 Definitions. In addition to the definitions under Section 18A.90.200, the definitions in Section 14A.165.010 LMC shall apply. ----- FLEA MARKET. Arrangements whereby a person or persons sell, lease, rent, offer or donate to one (1) 038  or more persons a place or area where such persons may offer or display new, secondhand or junk items. Section 3. 18A.30.530 Primary Permitted Uses – Commercial Zoning Districts. The following uses are permitted within the Commercial zoning districts, subject to approval of a zoning certification and all applicable development permits: ----- D. C2 Zoning District. 37. Sales of New and Secondhand Property (Level 1/2/3) Section 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance Section 5. Effective Date. This ordinance shall take place thirty (30) days after its publication or publication of a summary of its intent and contents. ADOPTED by the Lakewood City Council this 19th day of March, 2018. CITY OF LAKEWOOD ________________________________ Don Anderson, Mayor Attest: _______________________________ Alice M. Bush, MMC, City Clerk Approved as to Form: _______________________________ Heidi Ann Wachter, City Attorney 039  City of Lakewood Lakewood City Hall 6000 Main Street SW Lakewood, WA 98499 (253) 589-2489 (Legal Notice) March 20, 2018 NOTICE OF ORDINANCE PASSED BY LAKEWOOD CITY COUNCIL The following is a summary of an Ordinance passed by the City of Lakewood City Council on the 19th day of March, 2018 ORDINANCE NO. 678 AN ORDINANCE of the City Council of the City of Lakewood, Washington, amending Title 18A, the Land Use and Development Code, to broaden the definition of “flea market” to include both new and used items. This ordinance shall take place thirty (30) days after its publication or publication of a summary of its intent and contents. The full text of the Ordinance is available at the City Clerk's Office, Lakewood City Hall, 6000 Main Street SW, Lakewood, Washington 98499, (253) 589-2489. A copy will be mailed out upon request. Alice M. Bush, MMC, City Clerk Published in the Tacoma News Tribune:_______________________________ 040  REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: Amending Title 5, Business TYPE OF ACTION: REQUESTED: Licenses and Regulations Land Use and March 19, 2018 Development Code, to broaden the definition  ORDINANCE NO. 679 of “flea market” to clarify the definition of RESOLUTION NO. “flea market” to include both new and second-hand items; to remove “flea markets” MOTION form the list of temporary businesses; and OTHER REVIEW: reference state law in regard to reporting February 26, 2018 (Study requirements Session); ATTACHMENTS: Draft Ordinance SUBMITTED BY: David Bugher, Assistant City Manager, Development Services. RECOMMENDATION: That the Mayor and City Council APPROVE the attached Draft Ordinance. DISCUSSION: The attached Draft Ordinance, amending the City’s Business License Regulations, is a Companion Ordinance to the proposal to amend the City’s Land Use and Development Code for flea markets. This is part of a settlement agreement between the City of Lakewood and various parties associated with the operations of the Star Lite Market Place Square, LLC. Text of Proposed Amendments: In Section 5.02.010, the proposal amends the definitions of flea market and temporary business: E. “Flea market” means and includes, but is not limited to, arrangements whereby a person or persons sell, lease, rent, offer or donate to one or more persons a place or area where such persons may offer or display new, second-hand or junk items. “Flea market” includes, but is not limited to, bazaars, rummage sales and swap meets. ALTERNATIVE(S): 1) Take NO ACTION on the Draft Ordinance in which case the status quo would remain; 2) AMEND the content of the Draft Ordinance as deemed appropriate by the City Council. FISCAL IMPACT: Potentially, this action would reduce legal fees and potential liability. Temporary business license fees would be reduced although the overall impact on the business license revenues is nominal. Prepared by City Manager Review Department Director 041 DISCUSSION, CONTINUED: H. “Temporary Business” means all business of a short term or transitory nature, including but not limited to the following: In addition to those activities meeting this definition of a “temporary business,” the following business activities shall require a license issued under this chapter: In Section 5.02.010, the proposal amends the definitions of flea market and temporary business: E. “Flea market” means and includes, but is not limited to, arrangements whereby a person or persons sell, lease, rent, offer or donate to one or more persons a place or area where such persons may offer or display new, second-hand or junk items. “Flea market” includes, but is not limited to, bazaars, rummage sales and swap meets. H. “Temporary Business” means all business of a short term or transitory nature, including but not limited to the following: In addition to those activities meeting this definition of a “temporary business,” the following business activities shall require a license issued under this chapter: In Section 5.02.100, the proposal amends the term of a license for temporary business: B. A Temporary Business License may specify dates for which a license is valid. In no event shall a license issued under this chapter be valid for more than eight months one year after issuance. In Section 5.12.013, the proposal amends reporting requirements to reference state law: A. In addition to the reporting requirements contained in RCW 19.60.025 and RCW 19.290.020, e Every entity subject to this Chapter shall be required to report as required by chapter 19.60 RCW and chapter 19.290 RCW. electronically with Leads Online or such other entity or upon such forms as may be designated by the Chief of Police. B. Each entity subject to this chapter shall operate and maintain a computer system with Internet access and photographic or video capability sufficient for the electronic reporting requirements of this chapter. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the reporting requirements of chapters 19.60 and 19.290 RCW and this section. C. In addition to the information required to be reported by chapters 19.60 and 19.290 RCW, each entity subject to regulation under this chapter shall obtain a photographic image of identification of both the pawner/seller, sufficiently clear to allow the information on the identification to be read and the item which is the subject of the transaction. The identification must be current, issued from a governmental entity of the United States and must include the pawner/seller’s first and last name, current address, date of birth and physical descriptors. D. On a daily basis, every entity subject to this Chapter shall furnish reports to the City as required by RCW 19.60.040 and 19.290.050. Each report shall cover the transactions covered within the time period proscribed by those statutes. E. The following transactions shall be exempt from the reporting requirements of this Chapter: 1. Clothing with a current resale value of less than seventy-five dollars, except for items made partially or wholly from fur or leather; 042 F. The failure to file a report as required by this section or chapters 19.60 or 19.290 RCW shall constitute unlawful conduct justifying summary revocation of a license to do business within the City of Lakewood and shall be governed by the processes set forth in LMC 5.02.190. G. Nothing contained within this chapter or the provisions of chapters 19.60 or 19.290 RCW should be construed as a limitation upon the authority of the City to require, as an express condition of a license issued under this Title, differing reporting requirements upon a business. (Ord. 610 § 17, 2015.) 043  ORDINANCE NO. 679 AN ORDINANCE of the City Council of the City of Lakewood, Washington, amending Title 5 Business Licenses and Regulations, to clarify the definition of “flea market” to include both new and second-hand items; to remove “flea markets” form the list of temporary businesses; and reference state law in regard to reporting requirements. WHEREAS, on or about September 23, 2016, Plaintiff Star Lite Garage Sale and Swap Meet (through Hank Bardon), commenced an action in the Superior Court of the State of Washington in and for Pierce County, captioned Complaint for Injunctive Relief, under cause No. 16-2-11339-2 against the City of Lakewood (hereinafter “Complaint” or “Lawsuit”); and WHEREAS, on or about September, 2016, and over objection of the City of Lakewood, the Pierce County Superior Court entered a Temporary Restraining Order against the City of Lakewood regarding enforcement of certain provisions of the City’s business licensing code; and WHEREAS, on or about November 21, 2016, the following individuals filed a document captioned Third Party Complaint for Declaratory and Injunctive Relief and Damages and Attorneys Fees against the City of Lakewood, also under Pierce County Cause No. 16-2-11339-2: Dennis Eros, Hubert Young, Victor Lopez, Willbert Illig, Carl Ritmanich, Soo Oh, Jae Park, John Seidl, Gary Wagner, Louis Fontenot, and Ted Bell; and WHEREAS, the Lawsuit makes various claims and claims for relief against the City of Lakewood, including but not limited to allegations that parts of the City’s business licensing code and regulations are excessive or unduly oppressive or that the City improperly enforces certain regulations and interferes with their business operations; and WHEREAS, the City of Lakewood denies all responsibility or liability for the claims, damages and actions claimed by Plaintiffs and Intervenors in the Lawsuit, and denies all claims for relief, whether equitable or legal, and all claims for damages, attorneys’ fees and costs; and WHEREAS, Plaintiffs and the City have engaged in settlement discussions, which discussions have resulted in a settlement proposal which is acceptable to City staff, but which must go through a defined and required approval process and must be considered and approved by the Lakewood City Council following an open public meeting, and the ultimate decision by the Lakewood City Council whether to approve or disapprove of the proposed legislative changes is a discretionary legislative act without assurances of approval or other action; and WHEREAS, the City finds that minor changes to the City’s code are necessary to better implement the purpose of the code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON HEREBY ORDAINS, Title 5 Lakewood Municipal Code shall be amended as follows: Section 1. 5.02.010 Definitions. For purposes of this Ordinance, the following definitions shall apply: 044  A. “Business” includes all lawful activities engaged in with the object of gain, benefit, or advantage, directly or indirectly, whether part-time, full-time or seasonal. ----- E. “Flea market” means and includes, but is not limited to, arrangements whereby a person or persons sell, lease, rent, offer or donate to one or more persons a place or area where such persons may offer or display new, second-hand or junk items. “Flea market” includes, but is not limited to, bazaars, rummage sales and swap meets. H. “Temporary Business” means all business of a short term or transitory nature, including but not limited to the following:. In addition to those activities meeting this definition of a “temporary business,” the following business activities shall require a license issued under this chapter: 1. Any business which occupies a site or operates within the City for no more than seven days per occurrence twice within any 365-day period; 2. Roving mobile vendors involved in business such as door-to-door sales, sales from ice-cream trucks, or other businesses that do not have a fixed location. 3. Serving as a vendor at a flea market. 4. Operating a carnival or circus within the City. Section 2. 5.02.100 Term of License/General and Temporary. A. Each Annual Business License shall expire one year from the date of issuance by the City, unless renewed. Upon renewal, each license shall be valid for an additional year from the date of expiration, unless suspended, revoked, closed, or invalidated by a change in business as defined in LMC 5.02.040. Any additional Rules and Regulations and Conditional Licenses imposed or stipulated to pursuant to LMC 5.2.150 shall remain in full force and effect notwithstanding any licensing renewals unless expressly terminated in writing by the City. B. A Temporary Business License may specify dates for which a license is valid. In no event shall a license issued under this chapter be valid for more than eight months one year after issuance. If no dates are specified on the face of the temporary business license, a temporary business may operate within the City for no more than seven days after the date of issuance. Upon supplemental application, and payment of any fee, the City may authorize up to one seven-day extension. Section 3. 5.12.013 Additional Reporting Requirements. A. In addition to the reporting requirements contained in RCW 19.60.025 and RCW 19.290.020, e Every entity subject to this Chapter shall be required to report as required by chapter 19.60 RCW and chapter 19.290 RCW. electronically with Leads Online or such other entity or upon such forms as may be designated by the Chief of Police. B. Each entity subject to this chapter shall operate and maintain a computer system with Internet access and photographic or video capability sufficient for the electronic reporting requirements of this chapter. Any failure or malfunction of such equipment on the part of the 045  licensee shall not exempt the licensee from the reporting requirements of chapters 19.60 and 19.290 RCW and this section. C. In addition to the information required to be reported by chapters 19.60 and 19.290 RCW, each entity subject to regulation under this chapter shall obtain a photographic image of identification of both the pawner/seller, sufficiently clear to allow the information on the identification to be read and the item which is the subject of the transaction. The identification must be current, issued from a governmental entity of the United States and must include the pawner/seller’s first and last name, current address, date of birth and physical descriptors. D. On a daily basis, every entity subject to this Chapter shall furnish reports to the City as required by RCW 19.60.040 and 19.290.050. Each report shall cover the transactions covered within the time period proscribed by those statutes. E. The following transactions shall be exempt from the reporting requirements of this Chapter: 1. Clothing with a current resale value of less than seventy-five dollars, except for items made partially or wholly from fur or leather; F. The failure to file a report as required by this section or chapters 19.60 or 19.290 RCW shall constitute unlawful conduct justifying summary revocation of a license to do business within the City of Lakewood and shall be governed by the processes set forth in LMC 5.02.190. G. Nothing contained within this chapter or the provisions of chapters 19.60 or 19.290 RCW should be construed as a limitation upon the authority of the City to require, as an express condition of a license issued under this Title, differing reporting requirements upon a business. (Ord. 610 § 17, 2015.) Section 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance Section 5. Effective Date. This ordinance shall take place thirty (30) days after its publication or publication of a summary of its intent and contents. ADOPTED by the Lakewood City Council this 19th day of March, 2018. CITY OF LAKEWOOD ________________________________ Don Anderson, Mayor Attest: _______________________________ Alice M. Bush, MMC, City Clerk Approved as to Form: _______________________________ Heidi Ann Wachter, City Attorney 046  City of Lakewood Lakewood City Hall 6000 Main Street SW Lakewood, WA 98499 (253) 589-2489 (Legal Notice) March 20, 2018 NOTICE OF ORDINANCE PASSED BY LAKEWOOD CITY COUNCIL The following is a summary of an Ordinance passed by the City of Lakewood City Council on the 19th day of March, 2018 ORDINANCE NO. 679 AN ORDINANCE of the City Council of the City of Lakewood, Washington, amending Title 5 Business Licenses and Regulations, to clarify the definition of “flea market” to include both new and second-hand items; to remove “flea markets” form the list of temporary businesses; and reference state law in regard to reporting requirements. This ordinance shall take place thirty (30) days after its publication or publication of a summary of its intent and contents. The full text of the Ordinance is available at the City Clerk's Office, Lakewood City Hall, 6000 Main Street SW, Lakewood, Washington 98499, (253) 589-2489. A copy will be mailed out upon request. Alice M. Bush, MMC, City Clerk Published in the Tacoma News Tribune:_______________________________ 047