Council MIN 05-07-2013 RegularCITY OF
�,,.`,,... Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
May 7, 2013
7:00 p.m.
www. cityoffederalway. com
1. CALt MEETING TO ORDER
Mayor Priest called the meeting #o 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.
Gi#y staff present: City Attorney'Fat Richardson and City Clerk Carol McNeilly.
2. PLEDGE Of ALLEGIANGE
Dick Mayer led the Pledge of Atlegiance.
3. PRESENTATIONS
a. Volunteer Spotliqht: Senior Services
Councilmember Noble-Gulliford reported that Senior Services is a comprehensive, not-for-
profit agency that serves older adults in King County. Their mission is to "promote the
emotional, social and physical well-being of older adults" through a wide variety of
programs. Last year they served over 60,000 seniors and their families. Volunteers are a
vi#al part of their team; more than 2,800 volunteers assisted Senior Services last year.
Cindy Zwart, Director of Senior Services Transportation Program thanked the Council for
the recognition and provided an overview of the Volunteer Transportation and Meals on
Wheels programs. She introduced some of the volunteers that make both of these
programs successful.
b. Proclamation: Farmers' Market 10-Year Anniversarv
Councilmember Honda reported this was the 10th year of the Federal way Farmers Market.
She read the proclamation into the record and presented it to David and Rose Efil and
Karla Kolibab. Ms. Ehl thanked the Council for the proclamation and noted the market is
every Saturday at the Commons Mall. This weekend is their opening weekend and they
have great entertainment planned. Ms. Kolibab reported there will be new and returning
food vendors this year.
c. Mavor's Emerainq Issues
Helen Kelter Basketball Challenqe: At the last Council meeting Mayor Priest reported the
Police Department was victorious over the Fire Department at the Helen Keller Basketball
City Council tklinutes — May 7, 2013 Regular Meeting Page 1 of 8
Challenge. Tonight, representatives from the Lions Ciub are in attendance to present a
trophy to the Police Department as well as present checks to both the Fire Department
and Police Department. Dick Mayer reported this year was the 5�h annual basketball event.
Funds raised at the event go to the Firefighters Fund, the Police Department and the
Lions Club. He presented this year's trophy to Police Chief Brian Wilson.
Economic Development of the Downtown Core: Mayor Priest noted that three items on
tonight's agenda relate to economic development in the downtown core. They include a
proposed agreement with Lorig Associates to pursue the next step of the AMC site park
and mixed use development, the National Development Council CDBG Section 108 Loan
Fund and the LIFT ordinance. Community and Economic Development Director Patrick
Doherty reported the City Center area is 414 acres. He provided background information
on the steps the City has taken to encourage development in the downtown core,
including investments in right-of-way and storm drainage improvements, the Federal Way
Transit Center, amendments to the City's Sign Code, 10-year residential property tax
exemptions to encourage residential/mixed-use development, the Safe City Program, as
well as other items.
April 21 St Shootinqs Mayor Priest stated the victims of this senseless crime are in our
thoughts. Loved ones were taken from their families, friends and neighbors. As a
community we are grieving together, and we will overcome together as well. He
recognized the professionalism of the Police Officers who responded to the call. It is clear
that their response prevented further loss of life and prevented the killer from escaping.
After the shooting, eight Police O�cers were placed on administrative leave, which is
standard procedure. Those of#icers have been cleared to return to duty, which is taking
place this week. April 24th the Police Department hosted a community meeting and
provided crisis intervention counseling for the Pinewood residents and neighbors who
were affected by the shooting. Mayor Priest thanked the many individuals involved in that
event including Jon Mclntosh, Pastor of Grace Church and the Police Department
Chaplin; Casey Treat and the many volunteers from Christian Faith Center and Police
Department staff. He stated he is proud to say the community has responded to this event
with compassion for the victims and a resolve to heal and move forward together.
4. GITIZEN COMMENT
Terri Turner Director of the Multi-Service Center Food Bank shared information on their Milk
Money Program. The MSC has partnered with Smith Brothers Dairy Farms to distribute small
milk cartons for individuals to fill with change and return to the MSC to assist the food bank.
Jennie Hills Waterbury Park Apartment resident, reported on speeding traffic and drug activity
at the apartment complex. She would like to see a playground at the apartment complex for
children to play.
Mark Saqer commented on an article in the Federal Way Mirror relating to mobile home park
rezoning. He reported the owner of the Belmor Mobile Home Park has no plans on selling the
property.
Bettv Tavlor Waterbury Park Apartment resident, stated she was not aware of the Police
Community meeting regarding the April 21 S� shootings. She does not feel the City did a good
job getting the word out to the community.
Norma Blanchard reported on her interactions with the City's Animal Control Officer on April
25th� She was not pleased with her experience and feels the Officer was disrespectful to her.
City Council Minutes — May 7, 2013 Regular Meeting Page 2 of 8
Van Jones Waterbury Park Apartment resident, asked the City to hold a meeting with the
Waterbury residents to share information on safety and community issues.
5. CONSENT AGENDA
ltems listed below have been previously reviewed in their enfirety 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.
a. Minutes: April 16, 2013 Special and Regular Meetings
b. Monthly Financial Report
c. Vouchers
d. Professional Services Agreement with State Microenterprise Association for Support
Services for GDBG Commercial Loan Programs
.• �:�r�h..r�i.emer�� (�r..n�c.
Motion: Deputy Mayor ferrell moved approval of Consent Agenda items 5.a.
through 5.e. Councilmember Celski second.
Councilmembers Honda and Noble-Gulliford pulled item 5.e. Lodging Tax Adv.isory
Committee Recommendations for the 2013 Sprint Tourism Enhancement Grants from the
Consent Agenda.
Vote on items 5.a. through 5.d.:
Deputy Mayor Ferrell
Councilmember Maloney
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Noble-Gulliford
Councilmember Duclos
Motion carried 7-0.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
e. Lodctinq Tax Advisorv Committee Recommendations for the 2013 Sprinq Tourism
Enhancement Grants
Councitmembers Honda and Noble-Gulliford stated they needed to recuse themselves
from voting on this item due to conflicts of interest.
Motion: Councilmember Duclos moved approval of the Lodging Tax Advisory
Committee Recommendations for the 2013 Spring Tourism Enhancement
Grants. Councilmember Celski second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Recused
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Recused
Councilmember Duclos Yes
Motion carried 5-0.
City Council Minutes - May 7, 2013 Regular Meeting Page 3 of 8
6. COUNCIL BUSINESS
a. Parks and Recreation Commission Appointments
At a Special Meeting earlier this evening the Council interviewed candidates for the Parks
and Recreation Commission.
Motion: Councilmember Honda moved to re-appoint Brian Ailinger and George
Pfeiffer to the Parks and Recreation Commission with terms expiring April 30, 2016;
appoint Laura Belvin and Randall Smith as voting members to the Commission
with terms expiring April 30, 2018; and appoint James Miranda as an alternate
member with a term expiring Apri130, 2016. Councilmember Duclos 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.
b. Proposed Exclusive AMC Site Development Feasibilitv Studv Aqreement
Community and Econornic Development Director Patrick Doherty stated the City
purchased the AMC Site in 2007. He reviewed the re-development concept which includes
a public plaza over half of the site and mid-rise mixed-use private development on the
other half of the site. A proposed roadway through the site will provide access to the park
and retail. It also includes a water feature, and both soft and hard-scape features. Lorig
Associates of Seattle has expressed interest in a public-private partnership with the City
on this project. Lorig is proposing a 90-day exclusive engagement, during which time they
will develop a new site plan and building program; conduct a market analysis; develop a
project budget and financial model; create a project schedule, and make a presentation to
the Council. Mr. Lorig stated his firm would like to work with the City on this project and
noted they have done many public-private partnership projects.
Motion: Councilmember Duclos moved to authorize the Mayor to sign the
agreement for the AMC Site Development Feasibility Study. 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.
c. Authorization to Applv for a COPS Grant
Mayor Priest reported the City received notice last week that the Department of Justice
was offering COPS Grant opportunities for jurisdictions. Police Chief Brian Wilson stated
staff is seeking authorization to apply for the COPS Grant. Chief Wilson provided history
on the City's COPS Grant activity. This grant covers up to 75% of the approved entry level
salary and fringe benefits for a full time law enforcement officer over a 3-year period. The
City Council Minutes — May 7, 2013 Regular Meeting Page 4 of 8
City would be responsible for the 4t" year costs. Staff is requesting approval to submit a
COPS Grant application for three officers for a three year period. The deadline to submit
the grant is May 22�d. If the City receives the grant, staff will return to Council to request
authorization to accept it. Chief Wilson reviewed the current staffing level which is 125
officers (currently 121 officers are hired and there are 4 vacant positions).
Motion: Councilmember Honda moved to authorize the Mayor to execute the
necessary documents to apply for the COPS Grant. Deputy Mayor Ferrell second.
Vote:
Deputy Mayorferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble-Gulliford Yes
Councilmember Duclos Yes
Motion carried 7-0.
d. Professional Services Aqreement with National Development Council for CDBG
Section 108 Loan Fund
Mayor Priest noted this item was forwarded by the Finance, Economic Development and
Regional Affairs Council Committee to Council Business for consideration.
Community Services Manager Jay Bennett stated this program is through the US
Department of Housing and Urban Development (HUD). The program allows eligible
communities to expand CDBG funds by submitting a loan application to HUD. For every
dollar of annual CDBG entitlement, the City can borrow five times that amount in additional
funds from HUD. Eligible uses include economic development by private for-profit or non-
profit entities which create jobs or provide goods/services; public infrastructure or
community facilities - such as a Performing Arts and Conference Center (PACC); and low
to moderate income housing rehabilitation. If the PACC goes forward and the loan
application is approved, a$2.5M investment would equate to $190K per year Section 108
repayment. The City's current CDBG entitlement is $576K (this is allocated as follows:
$115K for Administration, 86K for Human Services and $375K for Community Economic
Revitalization). The City can apply for funding for a stand-alone project or a loan pool. Mr.
8ennett reviewed the required security for a Section 108 Loan. The request before
Council is to authorize $25K of CDBG funds to enter into an agreement with National
Development Council for technical assistance with the Section 108 Loan Fund application.
Motion: Councilmember Duclos moved to authorize the Mayor to execute the
necessary documents for the professional service agreement with National
Development Councii for CDBG Section 108 Loan fund. 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.
City Council Minutes — May 7, 2013 Regular Meeting Page S of 8
7. ORDINANCES
First Reading:
a. CB# 624 Local Infrastructure Financinq Tool (LIFT) Ordinance Imposincl Sales
& Use Tax
An Ordinance of the City of Federal Way, Washington, imposing a local sales and use tax
to be credited against the state sales and use tax for the purpose of utilizing Local
Infrastructure Financing under Chapter 39.102 of the RCW; and providing for other matters
properly related thereto.
Finance Director Tho Kraus provided background information on the LIFT
Program, which was created by State Legislation in 2006 to finance public
infrastructure to spur economic development through a combination of local and
state matching funds. It authorized the imposition of local sales and use #ax to be
credited against the taxes otherwise due to the State. There is no net change in
the tax rate to taxpayers. Types of public infrastructure include right-of-way
improvements, open space, public parking facilities, roads, public plazas,
The City applied for the program in June 2007 and was approved that same year
with the allocation of up to $1 M per year in State funds for 25-years. The matc#�ing
of City / State fiunds is 1 to 1. The award expires in June 2023; in order to
maximize the 25-year benefit the City should impose the LIFT by June 1, 2014.
LIFT funds are generated by the increase in tax revenues generated with the
Revenue Development Area, which is established by ordinance. The L1FT does
not impose new taxes to residents, property owners or business owners.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Duclos moved approval of the proposed LIFT
ordinance and forwarded it to the May 21, 2013 City Council meeting #or
second reading and adoption. 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.
Second Reading:
b. CB# 622 Speed Limit Revisions
An Ordinance of the City of Federal Way, Washington, relating to Speed Limits; Amending
Federal Way Revised Code 8.30.040.
At their April 16, 2013 meeting the Council approved the proposed ordinance and
forwarded it to this meeting for second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved approval and enactment of the
ordinance on speed limit revisions. Councilmember Duclos second.
City Council Minutes — May 7, 2013 Regular Meeting Page 6 of 8
8.
Vote:
Deputy Mayor Ferrell
Councilmember Maloney
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Noble-Gulliford
Councilmember Duclos
Motion carried 7-0. Ordinance 13-740
Yes
Yes
Yes
Yes
Yes
Yes
Yes
c. CB# 623 Amendinq FWRC Title 6"Public Safetv and Welfare"
An Ordinance of the City of Federal Way, Washington, relating to Criminal Law Update;
Creating a New Section in Chapter 6.50 FWRC "Public Officers," amending FWRC
6.50.020 "Public Officer Defined," amending FWRC 6.10.030, "Statutes Adopted" and
repealing FWRC 8.10.030.
At their April 16, 2013 meeting the Council approved the proposed ordinance and
forwarded it to this meeting for second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Honda moved approval
ordinance. Councilmember Duclos 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 13-741
COUNCfL'REPORTS
and adoption of the
Councilmember Maloney reported she feels Federal Way needs to create jobs and provide
more for public safety. One way this can be achieved is by attracting a 4-year accredited
school to the downtown core. This would bring people to the City as well as create jobs. Last
Friday she, along with a group of individuals met to discuss this idea and all parties were
excited about the possibility. She has also begun to develop a team to work on re-branding
the City. As a resident she, along with a few others are working to develop legislation to
change the way domestic violence and restraining orders are handled.
Councilmember Honda reported the Weyerhaeuser King County Aquatic Center will be
hosting a Flag-Day event on June 8th; this event is sponsored by the Federal Way Soroptimist
Club. There is a Flag-Day essay contest open to school aged children grades kindergarten
through sixth-grade, the deadline is May 30th. Information can be found at local schools. On
May 18th The Rhododendron Garden will host the second annual Blue Poppy Day which is co-
sponsored by the Federal Way Arts Commission. The next meeting of the Parks, Recreation,
Human Services and Public Safety Council Committee is May 14th� She noted the City has
worked hard in regards to re-development efforts of the downtown area. She would like to see
an overall plan that will be the blueprint for downtown. She emphasized the importance of
soliciting public input on the re-development process.
City Council Minutes — May 7, 2013 Regular Meeting Page 7 of 8
Deputy Mayor Ferrell echoed Councilmember Honda's comments regarding downtown re-
development and stated he is looking forward to attending the Farmers Market this Saturday.
Councilmember Burbidge reviewed the agenda for tomorrows Lodging Tax Advisory
Committee meeting. This week she will be attending meetings of the Sound Cities
Association, a meeting of the Puget Sound Regional Council Transportation Policy Board, and
a Sound City Association Economic Development Committee.
Councilmember Cetski provided a report on the April 20th Earth Day events in the City. On
June 2"d EarthCorps will be working at the Hylebos Park, volunteers are encouraged to
participate. The Washington Dental Service foundation is providing services to youth of
families with limited income in the community via the Smile Mobite. They will be at Federal
Way High School from May 20th to 31 St. If you would like to schedule an appointment, call 253-
945-5400. He also reported the Relay for Life event will be on June 7-gtn.
Councilmember Noble-Gulliford reported May 11th the Federal Way Historical Societywill be
opening up the Denny and Barker cabins. Today she attended a conference sponsored by
realtors regarding housing issues and economic development tools that cities can adopt. As a
representative of the Federal Way Historical Society, she had the opportunity to meet with the
Puyallup Indian Tribe to discuss the Pioneer Cemetery and a Tribal Cemetery located next to
it. The Tribe would like to inventory the cemetery and possibly use it moving forward.
Councilmember Duclos reported she is looking forward to working with Councilmember
Maloney and others on developing a new vision for the downtown. She commented on a
recent cotumn in the Federal Way Mirror regarding the Apri124�' Police Community meeting in
response to the April 21 S'shootings. She feels the column was insensitive as a portion of the
April 24th meeting was for victims to receive grief counseling.
9. MAYORS REPORT
Mayor Priest re�orted Advancing Leadership will be sponsoring a"Break the Chains" bike-
ride on May 18t to bring awareness to the issue of human trafficking.
10. EXECUTIVE SESSION
The Council did not adjourn to Executive Session.
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 8:51 p.m.
Attest:
<
Carol McNeilly, CMC, ity Cler
Approved by CounciL• May 21, 2013
City Council Minutes — May 7, 2013 Regular Meeting Page 8 of 8