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Council MIN 03-19-2013 RegularCITY OF ,� Federal Way MINUTES FEDERAL WAY CiTY COUNCIL REGULAR MEETING Council Chambers - City Hall March 19, 2013 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. City officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Diana Noble-Gulliford and Councilmember Dini Duclos. City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Councilmember Duclos led the Pledge of Allegiance. Motion: Councilmember Honda moved to amend the agenda to add as Council Business item 6.d. the Grant Application for Prosecution Coordination through Co- Location Project. Councilmember Duclos second. Deputy Mayor Ferrell stated he needed to recuse himself from item. Vote: Deputy Mayor Ferrell Recused Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble-Gulliford Yes Councilmember Duclos Yes Motion carried 6-0 3. PRESENTATIONS a. Sound Transit — Liqht Rail Aliqnment and Station Location Studv Mayor Priest reported $24M was placed into the budget for examination of this alignment. Parks and Public Works Director Cary Roe introduced representatives from Sound Transit. Catha� Ridge, Light Rail Development Manager, presented information on the Federal Way Transit Extension Alternatives Analysis Process that is currently underway. He reviewed the overall project schedule which began in 2012. The first phase of the study is the Alternatives Analysis; second phase is the Draft Environmental Impact Statement, City Council Minutes — March 19, 2012 Regular Meeting Page 1 of 9 then the final Environmental Impact Statement and preliminary engineering; lastly, the Record of Decision. The goal is to get environmental approval for the project, Board adoption and a Record of Decision from the Federal Transit Administration in 2016. They are currently in Phase 1 of the Alternatives Analysis Process. Mr. Ridge reviewed the transit corridor being studied. Current funding allows for extension to the Kent / Des Moines station. However, they are proceeding with environmental work all the way to the Federal Way station. Key measures that were considered in the analysis include: daily ridership; travet time; traffic impacts; ROW impacts; and overall cost. Sound Transit studied a number of different alignment possibilities for transit extension. Development alternatives considered include elevated, at-grade median and mixed-grade options. The Mayor and Council asked clarifying questions of Mr. Ridge regarding cost factoring and the option of additional parking. Chelsea Levy, Government & Community Relations Officer, stated parking demands at a number of their facilities are an issue. At their recent retreat the Sound Transit Board discussed their current parking policy and the option of adopting a new po�icy that focuses on making Transit Center users parking as a priority. b. Mavor's Emerqinq Issues Legislative update: Last week, the House of Representative passed the metal theft prevention bill. One key element of this bill is to provide grants to law enforcement task forces to focus on metal theft and repeat offenders. Mayor Priest thanked the bill's co- sponsor Representative Freeman as well as Representative Kochmar for supporting this legislation. He also thanked Deputy Mayor Ferrell for his leadership on the Metal Theft Advisory Group. The House also passed HB 1253, which will preserve a vital tool allowing cites to promate tourism through events and festivals. Federal Way currently uses some of its Lodging Tax Revenues to support events that bring visitors to the City. An example of this type of investment is the 2012 US Olympic Team Dive Trials which generated $1.64M in the City. Without legislative action, this tool will expire in June and reduce the City's ability to support future events at the King County Aquatic Center or smaller athletic events and festivals: Mayor Priest thanked both Representatives Freeman and Kochmar for their support on this issue. He also thanked Councilmembers Burbidge and Duclos, as well as Ryan Miller for their work on this issue and noted Councilmember Burbidge will be testifying on this issue in Olympia this coming Thursday. 4. CITIZEN COMMENT Terri Turner with the Multi-Service Center Food and Clothing Bank spoke in appreciation for the Community Enhancement Grant funding recommendation. They hope to provide meals to children during the summer with the grant. Ben Pittman Board Member with Park Pals would like French Lake Dog Park to receive support from the City Council. Joann Uaill President of Park Pals stated French Lake Dog Park could use the City's help with maintenance of the park. Lori DeVore spoke in support of developing a Performing Arts and Conference Center in the City. A project of this nature would spur economic growth and keep revenues within the community. City Council Minutes — March 19, 2012 Regular Meeting Page 2 of 9 Ron Walker provided the Council with a proposal for the City Gate Project which would help the City create a feeling of community. Erika Skeen and Deanna Nuqent with Relay for Life encouraged the Council to fund the Relay for Life Community Enhancement Grant application. Ms. Nugent provided information on the Relay for Life event. Ms. Skeen shared her experience with the event and stated thirty three teams have already signed up to participate in the event. Anne Heinz-Rvan Secretary of Park Pals asked the City to match funding for some projects that are necessary at the French Lake Dog Park. John T"Jack" Butcher spoke in support of the City developing a Performing Arts and Conference Center. Norma Blanchard spoke in opposition of the City developing a Performing Arts and Conference Center. She does not feel the City can afford it at this time and does not want to see citizen's property taxes increase. Phil Wamba clarified comments previously provided to Council. He is in support of a Performing Arts and Civic Center. Michael Jankowski General Manager of the Federal Way Petco, stated the French Lake Dog Park needs a lot of work. He encouraged the City to work with Park Pals on development of the park. Bob Dariqan stated 59 years ago the Federal Way Lions Club began their service to thi� community. He asked the City to waive the fee for use of the park so they can conduct their Easter Egg Hunt. Jim Chaffel asked the Council to reduce the fee for the use of Steel Lake Park for the Kiwanis Salmon Bake. Donna Beraer Federal Way Symphony Board Member, encouraged the Council to move forward with the development of a Performing Arts and Conference Center. Bradv Nelson submitted written comments for the City Glerk to read into the record. Mr. Nelson's comments spoke in support of the Council moving forward with the development of a Performing Arts and Conference Center. � :loann Piquette submitted written comments for the Clerk to read into the record. Ms. Piquette's comments spoke in support of the Council moving forward with a schematic design for a Performing Arts and Conference Center — item 6.c. on tonight's agenda. Bob McKenzie submitted written comments for the City Clerk to read into the record. Mr. McKenzie's comments were in support of devetoping a Cultural Center in Federal Way. Keith Livinqston submitted written comments for the City Clerk to read into the record. His comments were in support of the Council moving forward with the development o# a Performing Arts and Conference Center. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. City Council Minutes — March 19, 2012 Regular Meeting Page 3 of 9 a. Minutes: March 5, 2013 Special and Regular Meetings b. 2013 Asphalt Overlay Program — Bid Award c. 21 S` Ave. SW at SW 336th Street Intersection Improvements — Design/Construction Interlocal Agreement with Lakehaven Utility District d. 21St Ave. SW at SW 336th Street Intersection Improvements — Utility Relocation Agreement with Puget Sound Energy e. 21 St Ave. SW at SW 336th Street Intersection Improvements — Joint Construction Agreement with Century Link f. 21 St Ave. SW at SW 336th Street Intersection Improvements — Reimbursement Letter of Understanding with Comcast g. Resolution: Acceptance of WSDOT Quick Response Safety Grants Resolution 13-635 h. NPDES Annual Report and Updated SWMP i. j. Program Year 2012 CDBG Consolidated Annual rPerformance Evaluation Report Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through 5.h. and item 5.j. Councilmember Duclos second. Councilmember Honda pulled item 5.i. Landscape Bid Awards. Vote on items 5.a. through 5.h and 5.j.: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble-Gulliford Yes Councilmember Duclos Yes Motion carried 7-0 5.i. Landscape Bid Awards Motion: Councilmember Honda moved to refer this item to the April 9�' Parks, Recreation, Human Services and Public Safety Council Committee because the agenda bill does not reflect the correct amount for a two-year contrac� Deputy Mayor Ferrell second. Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble-Gulliford Yes Councilmember Duclos Yes Motion carried 7-0 6. COUNCIL BUSINESS a. 2013 Communitv Enhancement Grant Allocations Mayor Priest stated this item was before the Parks, Recreation, Human Services and Public Safety Council Committee on March 12, 2013 and forwarded to the full Council for City Council Minutes — March 19, 2012 Regular Meeting Page 4 of 9 � action without a recommendation. Community Services Manager Jay Bennett stated this program offers grants from $500 to $1,500 to non-profit agencies, community groups or school-based organizations to assist with small projects that benefit residents. $20,000 was budgeted for the 2013 Community Enhancement Grants. The City received thirty-five applications which were reviewed by the Human Services Commission. The Commission developed funding recommendations which were forwarded to the Parks, Recreation, Human Services and Public Safety Council Committee. Councilmembers Honda and Noble-Gulliford stated they needed to recuse themselves from voting on this item. Motion: Councilmember Maloney moved approval of the Human Services Commission's funding recommendations for the 2013 Community Enhancement Grants. Councilmember Duclos second. Vote: Deputy Mayor Ferrell Councilmember Maloney Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Noble-Gulliford Councilmember Duclos Motion carried 5-0 Yes Yes Recused Yes Yes Recused Yes Motion: Councilmember Duclos moved for a Coun� intent of the Community Enhancement Grants and assist the Human Services Commission in their Councilmember Burbidge second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble-Gulliford Yes Councilmember Duclos Yes Motion carried 7-0 2013 Council Retreat Summarv ;il Committee to discuss the review funding guidelines to funding recommendations. Deputy Mayor Ferrell reported the City Council held theirAnnual Retreat on March 9, 2013 at the Courtyard Marriott Hotel. Jim Reid, from the Falconer Group facilitated the retreat. The Council discussed the Performing Arts and Conference Center (PACC), the former AMC Theatre site, and ways to expand economic development. Motion: Deputy Mayor Ferrell moved to approve the summary of the Council's Strategic Planning Retreat as presented. Councilmember Maloney second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes City Council Minutes — March 19, 2012 Regular Meeting Page S of 9 Councilmember Celski Yes Councilmember Noble-Gulliford Yes Councilmember Duclos Yes Motion carried 7-0 c. Authorization to Proceed with the Schematic Desiqn for a Performinq Arts and Conference Center Community and Economic Development Director Patrick Doherty reviewed the development costs associated with a Performing Arts and Conference Center. The preliminary cost estimate is $31,750,000. The infrastructure related portion is $5,000,000 and sufficient funds are available for this portion. The non-infrastructure balance is $26,750,000, available funding forthis portion is $11,385,000. 7he balanceto befunded is $15,635,000. Potential funding areas include naming rights, grants, state capital funding and capital campaign funding. Finance Director Tho Kraus presented information on New Markets Tax Credits (NMTC) which was established by Congress in 2000 to spur private investment in low-income communities. It provides investors with tax credit against their investment in community development entities. It is a non-permanent program that requires renewal by Congress. Two components of the program are the Community Development Financial Institutions Fund (CDFI) — a division of the US Department of Treasury that administers the program and the Community Development Entity (CDE) — an organization certified by the CDFI as a CDE eligible for the New Market Tax Credits. There is an annual application through a competitive process to receive an award allocation. Once awarded the CDE seeks projects to invest in and attracts private investment in exchange for the tax credit. The CDE becomes the project lender, distributing funds, conducting loan servicing and compliance monitoring throughout the seven-year compliance period. The City would pay an asset fee to the CDE. Investors provide up-front equity to projects in exchange for tax credits worth 39% of their investment over a seven year period. The project cannot be owned directly by a government entity. The City could master lease the facility from a private entity or create a Special Purpose Entity to own and operate the facility. After the seven year period the facility would become the City's property. Ms. Kraus reviewed the factors the CDE uses to determine where to invest. Councilmembers asked clarifying questions of Mr. Doherty and Ms. Kraus regarding the asset management fee, fundraising under the NMTC program, the start time of the seven year period. Mr. Doherty noted that in 2011 Council appropriated $750,000 for the design, planning and development costs for the PACC. The remaining balance is $ 475,000. He noted a schematic design would provide a detailed, scale drawing of the building, site and landscaping. The timeframe for the schematic design is six months. Councifinember Celski spoke in support of moving forward with the schematic design. Councilmember Honda expressed her concerns with the development cost associated with a PACC. She wants to know what the citizens and business owners would like to see in the downtown. Councilmember Maloney stated she has concerns with this development, however, she sees the value in it as well. She stated she does not support raising citizens' taxes to fund any part of this project. City Council Minutes — March 19, 2012 Regular Meeting Page 6 of 9 Councilmember Burbidge stated she does not support raising taxes to fund a PACC. She noted it is necessary to invest in the downtown and now is the time. Councilmember Noble-Gulliford spoke to the importance of community involvement on this project moving forward. Motion: Deputy Mayor moved to suspend the Council Rules of Procedure to continue the meeting past 10:00 p.m. Councilmember Burbidge second. Vote: Deputy Mayor Ferrell Councilmember Maloney Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Noble-Gulliford Councilmember Duclos Motion carried 7-0 Yes Y�s Yes Yes Yes Yes Yes Motion: Councilmember Burbidge moved to appropriate $355,000 Real Estate Excise Tax first quarter percent and authorize the Mayor to execute the necessary documents for the Performing Arts and Conference Center schematic design, which will include statements regarding cost savings and City Council involvement. Councilmember Duclos second. Deputy Mayor Ferrell expressed his concerns with the maintenance and operation costs associated with a PACC. He is not convinced this is the economic driver needed for the City. Councilmember Duclos reported she has spoken with local business owners who have stated they support this project in the downtown. Vote: Deputy Mayor Ferrell Councilmember Maloney Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Noble-Gulliford Councilmember Duclos Motion carried 6-1 No Yes Yes Yes Yes Yes Yes d. Grant Application for Prosecution Coordination throuah Co-Location Proiect City Attorney Pat Richardson stated the City has participated in this project since 2008. The Co-Location works to coordinate domestic violence prosecution and help the prosecutors when there is a domestic violence suspect in multiple jurisdictions. The grant application deadline is March 22, 2013. Deputy Mayor Ferrell stated he needed to recuse himself from voting on this item. Motion: Councilmember Honda moved to authorize the City Attorney to execute a Memorandum of Understanding for Prosecution coordination through Co- Location Project. Councilmember Burbidge second. Vote: City Council Minutes — March 19, 2012 Regular Meeting Page 7 of 9 r� 8. Deputy Mayor Ferrell Councilmember Maloney Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Noble-Gulliford Councilmember Duclos Motion carried 6-0 ORDINANCES Recused Yes Yes Yes Yes Yes Yes Second Reading: a. CB# 621: 2013 Carrv Forward Budqet Adiustment An ordinance of the City of Federal Way, Washington relating to Budgets and Finance to Carry Forward Funds Revising the 2013-14 Biennial Budget. At their March 5, 2013 meeting, Council received a presentation on the 2013 Carry Forward Budget Adjustment. They forwarded the ordinance to this meeting for second reading and enactment. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Duclos moved approval of the ordinance. Councilmember Celski second. Vote: Deputy Mayor Ferrell Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Burbidge Yes Councilmember Celski Yes Councilmember Noble-Gulliford Yes Councilmember Duclos Yes Motion carried 7-0. Ordinance 13-739 COUNCIL REPORTS Deputy Mayor Ferrell reported King County Executive Dow Constantine will be at tomorrow's SCA dinner. The Washington State Attorney General will be in attendance at the upcoming Good Eggs Breakfast at the Twin Lakes Golf and Country Club. Councilmember Honda reported the Arts Commission and the Municipal Court are sponsoring an art contest entitled "Liberty and Justice for All." Entries must be received by April 19th. She recently attended a local short course on economic development and local planning. She thanked the Human Services Commission for their work on the Community Enhancement Grant recommendations. Councilmember Maloney stated she appreciated Deputy Mayor Ferrell's forthright comments this evening. Councilmember Burbidge reported she attended an SCA Public Issues Committee meeting and shared the City's concerns regarding the Lodging Tax Legislation. This morning she attended a SCATBD Meeting they received a presentation on railroad services and freight mobility implications. Tomorrow she will attend a King County Regional Transit Committee Ciry Council Minutes — March 19, 2012 Regular Meeting Page 8 of 9 meeting. Councilmember Celski reported the Reach-Out Roller Mania fundraiser will be on March 25cn at 6:00 p.m. at Pattison WesYs Skating Rink. He attended both Representative Kochmar and Freeman's Town Hall meetings last weekend. Councitmember Noble-Gulliford reported she attended an economic development workshop in Fife. The Historical Society has begun researching and interviewing for an oral history on iogging in Federal Way. Councilmember Duclos reported this year's Council Retreat was probably the most productive she has attended during her time on the Council. The next FEDRAC meeting is March 26tn 9. MAYOR'S REPORT Mayor Priest had no report. 10. ADJOURNMENT Mayor Priest adjourned the meeting at 10:30 p.m. Attest: Carol McNeilly, CMC, ity Clerk Approved by Council: April 2, 2013 City Council Minutes — March 19, 2012 Regular Meeting Page 9 of 9