Council MIN 08-06-2013 RegularCITY OF
. Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
August 6, 2013
7:00 p.m.
www.cityoffederalway.com
CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:02 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
Dick Mayer led the Pledge of Allegiance.
As public facilities cannot be used for campaign purposes, City Attorney Richardson reviewed
the guidelines regarding campaigns and ballot propositions as provided by the Public
Disclosure Commission.
3. PRESENTATIONS
a. Mayor's Emerging Issues:
August 20, 2013 Council Meeting: Mayor Priest stated the Council previously voted to
cancel the August 20, 2013 City Council meeting. The next scheduled meeting will be
September 3, 2013.
September 5, 2013 Special Council Meeting: The Council will conduct a Special meeting
on September 5, 2013 at 6:00 p.m. to review the schematic design forthe Performing Arts
and Conference Center (PACC) that Lorax. has prepared. Citizens are encouraged to
attend and provide public input on this project.
Distinquished Budget Award: Councilmember Duclos reported on the Distinguished
Budget Award which was presented to Finance Director Tho Kraus. This award embodies
the commitment of the highest principles of governmental budgeting. Four areas have
been identified for the award; policy document; financial plan; operations guide and
communications device. The work of the entire Finance Department is greatly
appreciated.
City Council Minutes — August 6, 2013 Regular Meeting Page I of 10
4. CITIZEN COMMENT
Gerardo Paladan, a former Walmart employee, shared his experiences while working for the
company. He feels he was retaliated against for participating in a strike. He asked the Council
to support the United for Respect for Walmart organization.
Norma Blanchard stated at the last Council meeting she was unable to provide her public
comment due to a "point of order" issued by the City Attorney. She later received an apology
from the City Attorney via email and requested it be read into the record. She would like the
City Attorney to resign or be terminated.
Ava Anissipour provided a PowerPoint presentation on pygmy goats as pets. She currently
has two pygmy goats, one is a designated companion animal and is legal under that
designation. The second goat is illegal under the City Code. Under City zoning regulations,
goats are considered livestock and not allowed on parcels fewer than 70,000 square feet. She
asked the Council to amend the zoning regulations to allow pygmy goats on smaller parcels.
Mayor Priest noted that he, along with city staff, met with Ava and her family to discuss this
issue in an effort to come to a resolution. Deputy Mayor Ferrell thanked Ava for her thorough
presentation. Council will discuss this item further at their next meeting which is scheduled for
September 3rd
Nancy McClure stated she is a neighbor of Ava Anissipour. She does not feel the goats are an
issue and she supports the City rezoning regulations to allow pygmy goats in residential
areas.
Kris O'Neal spoke is opposition of the City rezoning to allow goats in suburban areas within
the City.
Barbara Reid would like to see the City use Banner Tags to promote shopping, dining and
other activities throughout the downtown area.
Mike Park congratulated Finance Director Tho Kraus for receiving the Distinguished Budget
Award. He introduced four students from South Korea, who are currently interning at the City
of Auburn. Perhaps one day students from Korea will have an opportunity to intern in at
Federal Way City Hall.
Peqqv LaPorte thanked the Council on behalf of the FUSION Board of Directors for CDBG
funding. Community support is essential to FUSION perform the work they do.
5. CONSENT AGENDA
Items listed below have been previously reviewed in theirentirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: July 16, 2013 Special and Regular Meetings
b. Monthly Financial Report
c. Vouchers
d. CDBG Microenterprise Loan to Universal Cartridge USA, LLC
e. Janitorial Services for Dumas Bay Centre
f. Interlocal Agreement with Lakehaven Utility District for Managing Grant Funds for the
City Council Minutes — August 6, 2013 Regular Meeting Page 2 of 10
District's Downtown Sewer Project
g. Allocation of Additional 2013 Community Development Block Grant (CDBG) Funds to
Planning & Administration and Public Services Budget
h. Amendment to FUSION's 2013 CDBG CERF Award
Safety Improvement Projects Authorization to Award
Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a- through 51
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.
6. PUBLIC HEARINGS
Mayor Priest reviewed the format for the three scheduled public hearings.
a. Amendments to the 2013 CDBG Annual Action Plan
Mayor Priest opened the public hearing at 7:39 p.m.
Community Services Manager Jay Bennett stated the City adopted a 5 -year Consolidated
Plan (2012 -2016) which is required by HUD and presents strategies for allocating CDBG
funds. The proposed amendment is required any time funds need to be reallocated after
the initial approval of the Plan. Mr. Bennett reviewed the additional award and allocations
fund and reprogrammed funds details of the proposed amendment via a PowerPoint
presentation.
Public Comment: No public comment was provided.
Motion: Councilmember Honda moved approval of the Substantial Amendment to
the City's Program Year 2013 Annual Action Plan, and authorizing the Mayor to
execute further documentation, forms and agreements related to this document.
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.
Motion: Councilmember Honda moved to close the public hearing.
Councilmember Burbidge second.
City Council Minutes — August 6, 2013 Regular Meeting Page 3 of 10
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.
The Public Hearing was closed at 7:45 p.m.
b. Consideration of Application to HUD for Section 108 Program
Mayor Priest declared the hearing open at 7:45 p.m.
Community Services Manager Jay Bennett provided background on the Section 108
Program as well as the purpose of the program, the wide -range of eligible uses, program
requirements and City responsibilities under the program. He also introduced Michelle
Morlan, Director of the Seattle Office of The National Development Council.
Mr. Bennett noted this application is for the creation of a loan fund only. Specific project
applications could later be submitted after HUD approval of creation of the fund. Potential
uses of the fund include a Performing Arts and Conference Center (PACC) and Twin
Lakes Commercial District redevelopment. The City has fulfilled its public participation
requirements to submit the application. If Council approves the authorization to submit
the application city staff will begin working with the National Development Council to
submit and file all required forms /information.
Public Comment: No public comment was received.
Councilmember's asked clarifying questions of Mr. Bennett and Ms. Morlan regarding
loan rates, project eligibility, future uses of the fund. Ms. Morlan noted interest rates are
set via a public offering once per year.
Councilmember Maloney stated she is opposed to the City taking on debt for
development of a PACC. Mayor Priest and staff clarified this step was only to submit an
application for creation of the loan fund; the City is not entering into a loan for the PACC.
If approved, this is one step towards making the project shovel ready. If the fund is
approved by HUD, Council could later direct staff to apply to use the loan fund for costs
associated with development of a PACC.
Councilmember Noble - Gulliford inquired if identifying the Twin Lakes Redevelopment
Project in the application would lock the City into moving forward with that project as she
would prefer to see development focus in the downtown area. Mr. Bennett responded
HUD requires applicants to identify potential uses for the fund; however, Council can
direct staff to apply for other projects as well.
Councilmember Celski inquired if the use of the loan fund for a City project would
decrease the amount of CDBG funds the City awards to current activities. Staff replied
that repayment of a Section 108 Loan used for development of a City project would come
from the CERF pool, not the Planning /Admin or Public Services pools.
City Council Minutes — August 6, 2013 Regular Meeting Page 4 of 10
Councilmember Honda inquired what the ramifications of not approving this item would
be. Staff stated the current process would end. The City is able to resubmit at a later date
but the process would need to start over.
Deputy Mayor Ferrell asked questions relating to the principal payment schedule and
repayment amounts. Ms. Morlan stated HUD requires the principal payment schedule to
be included in the application. The actual payment would include interest as well. The
City has the option to structure the loan repayment once the loan is established through
HUD. Staff provided information regarding variable rate loans.
Councilmember Honda stated she is concerned with moving forward with this item. She
feels the fund will be used primarily for development of a PACC and the Council has not
studied the finances and costs associated with that project.
Motion: Councilmember Duclos moved to authorize the submission of a Section
108 Loan Fund application to the HUD Loan Guarantee Program in the amount of
$3,030,000.00. Councilmember Burbidge second.
Deputy Mayor Ferrell, Councilmembers Maloney and Honda all spoke in opposition to the
motion. Councilmembers Duclos, Burbidge and Celski spoke in favor of the motion.
Vote:
Deputy Mayor Ferrell
No
Councilmember Maloney
No
Councilmember Honda
No
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble- Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 4 -3.
Motion: Councilmember Honda moved to close the public hearing.
The motion was seconded.
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.
The Public Hearing was closed at 8:25 p.m.
c. Steel Lake Management District No. 1 Special Assessment Roll
Mayor Priest opened the Public Hearing at 8:25 p.m.
Surface Water Manager Will Appleton provided background information on efforts that
have occurred to renew the Steel Lake Management District which was initially formed in
2004 and will expire in 2013. Mr. Appleton reviewed the scope of work elements included
in the proposed 2014 -2033 Management District Plan as well as the assessment rate
City Council Minutes —August 6, 2013 Regular Meeting Page 5 of 10
7.
structure for lake front property owners. The assessment roll is before Council for
adoption this evening.
Public Comment: No public comment was received.
Motion: Councilmember Celski moved to adopt the resolution confirming and
approving the assessment roll for the reformation of the Steel Lake Management
District No. 1. 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. Resolution 13 -642.
Motion: Councilmember Celski moved to close the public hearing. 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.
Councilmember Celski
The Public Hearing was closed at 8:30 p.m.
COUNCIL BUSINESS
a. North Lake Management District Appointment
Motion: Councilmember Celski moved to appoint Brian Cleary to the North Lake
Management District to fill the remainder
of an un- expired term of March 15, 2014.
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.
b. Board of Ethics Appointments
City Council Minutes —August 6, 2013 Regular Meeting Page 6 of 10
Motion: Deputy Mayor Ferrell moved to re- appoint Byron Hiller to the Board of
Ethics with a term of June 30, 2016; appoint alternate member Joe Donaldson as a
regular member with a term of June (30), 2016; and appoint James Englund as a
member. 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.
c. Resolution: Appointing Pro Committee Members for the Ballot Proposition Restricting the
Elections for Citizen Initiatives
Motion: Deputy Mayor Ferrell moved to appoint Linda Purlee and Bruce Martinez to
the Pro Committee by resolution and direct the City Clerk notify King County.
Councilmember Celski second.
Councilmember Duclos noted due to a conflict she needed to recuse herself from voting
on this item.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Gulliford
Yes
Councilmember Duclos
Recused
Motion carried 6 -0. Resolution 13 -643.
d. Resolution: Appointing Con Committee Members for the Ballot Proposition Restricting the
Elections for Citizen Initiatives
Deputy Mayor Ferrell stated there is a proposed resolution before Council to appoint
members to the Con Committee; however, no volunteers submitted their name to serve on
the Committee.
Motion: Deputy Mayor Ferrell moved to direct the City Clerk to notify King County
Elections Office of the City's recruitment efforts for Con Committee members.
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
City Council Minutes —August 6, 2013 Regular Meeting Page 7 of 10
Motion carried 7 -0.
e. Contract Extension with Lorig Associates for Former AMC Theatres Site
Community and Economic Development Director Patrick Doherty noted the Council
previously approved a 90 -day exclusive agreement with Lorig Associates for a feasibility
study relating to potential public - private development of the former AMC Theatres Site.
The study is near completion and Lorig Associates is requesting to extend the current
agreement for 60 -days to allow for completion and would like to present the plan to the
Council at their September 17th meeting.
Motion: Councilmember Duclos moved to accept Lorig Associates' proposal for a
60 -day extension, to expire October 5, 2013 to the previously approved 90 -day
exclusive engagement to allow for completion of the feasibility study and
presentation to the City Council in September and authorize the Mayor to execute
the necessary documentation. Deputy Mayor Ferrell 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.
f. Tourism Enhancement Grant for Farmers Market Apple and Festival Run
Community and Economic Development Director Patrick Doherty announced the Federal
Way Farmers Market's has scheduled a fun -run on August 24th. Previously the organizers
applied for and were awarded $8,850.00 via a Tourism Enhancement Grant for the event.
At the July 24th Lodging Tax Advisory Committee meeting, the organizers requested
additional funding for the event. LTAC members voted and are recommending to award
an additional $1,150.00 for the fun -run. This recommendation is before Council for
approval.
Councilmember Honda stated she needed to recuse herself from voting on this item as
she serves of the Farmers Market Board.
Motion: Councilmember Duclos moved to approve the additional TEG award of
$1,150 for the Farmers' Market Apple Festival and Run, as recommended by the
Lodging Tax Advisory Committee and authorize the Mayor to execute the necessary
documents. Councilmember Noble - Gulliford second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Recused
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble - Gulliford Yes
Councilmember Duclos Yes
Motion carried 6 -0.
City Council Minutes — August 6, 2013 Regular Meeting Page 8 of 10
8.
g. School Zone Enhancements Status Update
City Traffic Engineer Rick Perez reviewed the objective of the School Zone Enhancement
Program along with the six schools scheduled for enhancements in 2013. Some of the
enhancements include increased sign limit signage and advance school speed warning
signs at all six schools; and variable speed limit signage is proposed for four schools.
Blank -out signs were also proposed as part of this program; however, WSDOT and the
City of Renton have both experienced difficulties with the implementation of these types of
signs. Therefore, staff is recommending changing from the proposed blank -out signs to
variable speed limit signs for this program.
Motion: Councilmember Celski moved approval of the implementation plan,
replacing blank -out signs with variable speed limit signs. 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.
Councilmember Noble- Gulliford
ORDINANCES
Second Reading:
a. CB #627 2013 Comprehensive Plan Amendments
An Ordinance of the City of Federal Way, Washington, Relating to Amendments to the
City's Comprehensive Plan Map, and Zoning Map. (Amending Ordinances 90-43,95-248,
96 -270, 98 -330, 00 -372, 01 -405, 03 -442, 04 -460, 04 -461, 04 -462, 05 -490, 05 -491, 05 -492,
07 -558, 09 -641, 10 -671, 11 -683 and 13 -736)
At their July 16, 2013 meeting the Council approved the Comprehensive Plan
Amendments and forwarded the ordinance 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. 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 -745.
City Council Minutes — August 6, 2013 Regular Meeting Page 9 of 10
9. COUNCIL REPORTS
Councilmember Duclos had no report.
Councilmember Noble - Gulliford thanked Barbara Reid for her suggestion of using banner
Tags in the downtown area. She noted she voted in favor of agenda item 6.b. to provide
flexible funding options to continue moving forward.
Councilmember Celski stated he was looking forward to the FUSION fundraising event
tomorrow.
Councilmember Burbidge reported the next Lodging Tax Advisory Committee Meeting is
scheduled for August 21 st. August 16 -17th the Desna Cup will be held at Saghalie Middle
School.
Deputy Mayor Ferrell noted he was looking forward to the Apple Festival and Run at the
August 24th Federal Way Farmers Market.
Councilmember Honda stated the next Parks, Recreation, Human Services and Public Safety
Council Committee meeting is August 13th. Tomorrow is the city sponsored Kids Day event at
Steel Lake Park.
Councilmember Maloney thanked Ava Anissipour for her impressive presentation during
public comment.
10. MAYOR'S REPORT
Mayor Priest had no report.
11. EXECUTIVE SESSION
The Council did not adjourn to Executive Session.
12. ADJOURNMENT
Mayor Priest adjourned the meeting at 8:55 p.m.
Attest:
Carol McNeilly, CMC, Cit Clerk
Approved by Council: September 3, 2013
City Council Minutes — August 6, 2013 Regular Meeting Page 10 of 10