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Council MIN 01-21-2014 RegularCITY OF Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 21, 2014 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:00 p.m. Elected officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. Council position No. 1 vacant. City staff in attendance: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell invited Betty Taylor to lead the Pledge of Allegiance. 3. PRESENTATIONS a. Key to the City: King County Councilmember Pete von Reichbauer Mayor Ferrell reported he met King County Councilmember Pete von Reichbauer 24 years ago. Tonight Mayor Ferrell is pleased to present the first Key to the City to him. Councilmember von Reichbauer was elected to the state senate in 1973 and is the fourth youngest Senator in state history. After 19 years in the senate, he was elected in 1993 to the King County Council where he continues to serve, now in his fifth term. Mayor Ferrell highlighted a few of the many major accomplishments Councilmember von Reichbauer has achieved for our community — including victories in transportation, recreation, economic development, sporting and more. Many of these victories have resulted in a world -wide spotlight on Federal Way. As an example, in 1996 he was instrumental in keeping the Seahawks in Seattle. Mayor Ferrell attributed his own political success directly to the influence of Councilmember von Reichbauer and led a standing ovation honoring him. Councilmember von Reichbauer reflected on his opportunities to build relationships with the City's leaders and stated he has worked with all members of the City Council in various capacities and expressed his appreciation for each and every one of their efforts. He recognized Paul Allen for investing in the Seahawks as well as his generosity (and the generosity of his entire family) benefiting the region. He thanked Mayor Ferrell and the City Council for the recognition. b. St. Vincent de Paul Program Community Services Manager Jay Bennett summarized the working partnership between the City and St. Vincent de Paul. City Council Minutes — January 21, 2014 Regular Meeting Page 1 of 10 Mr. Bennett introduced Joseph and Virginia Roni from St. Vincent de Paul who reviewed the services and resources the program provides. The program also provides home visits to those they serve which protect individuals' anonymity. Mr. Roni stated the majority of the people they help are single mothers; many others are homeless. The funding the City provides the program has helped numerous people. Councilmembers Celski and Moore thanked Mr. and Mrs. Roni for their work in the community. c. Mayor's Emerging Issues Safety in School Zones: Parks and Public Works Director Cary Roe provided a status update on the school zone safety projects. He provided background information including Council's approval of the initial plan on May 21, 2013. On July 16, 2013, Council approved inclusion of Sacajawea Middle School. Mr. Roe reviewed the existing signage locations as well as the proposed signage improvements including variable speed limit signs. Retrofits were proposed to pedestrian crossings in school zones. He also provided comparisons between existing safety devices (signs, limits, warnings, locations, etc.) and proposed /planned devices. Mr. Roe presented information on the Lakota Middle School Safe Routes to School Project. Although the project is not fully completed, improvements made including a traffic signal, dedicated turn lanes, planter strip, sidewalks and street lights have been added to the area. The improvements will make the routes to and from Lakota Middle School safer for students. Councilmember Maloney inquired if any feedback has been received on the digital signs. Mr. Roe stated the limited feedback received has been positive. Councilmember Honda thanked Mr. Roe and his staff for the installation of the streetlight at Illahee. She appreciated his work to accomplish this installation sooner rather than later. Councilmember Moore asked when the Lakota Middle School project would be complete. Mr. Roe stated the project is functionally finished, approximately 98% complete. Some minor "punch list" /fine detail items remain. Deputy Mayor Burbidge also extended her appreciation for the work and improvements. Mayor Ferrell noted tonight is Chief of Staff Brian Wilson's first meeting and first day on the job in his new role. Development Projects: Community and 'Economic Development Director Patrick Doherty recapped some of the development projects occurring in the City. He provided a summary of the City's development review process which looks at environmental, traffic and other potential impacts. Mr. Doherty discussed the review and appeal process, including an explanation of the quasi-judicial role Councilmembers may play and how that affects their ability to attend hearings, meetings, and correspond /interact with applicants and the public. Online Council Vacancy Application: City Attorney Pat Richardson highlighted the steps taken in response to the City Council vacancy. Ms. Richardson described the process and announced how applications can be obtained and submitted. She provided the City's website www.citvoffederalway.com and details concerning the vacancy and selection process. The Council will conduct interviews and make their selection March 1, 2014 at a Special Meeting at City Hall. City Council Minutes — January 21, 2014 Regular Meeting Page 2 of 10 Mayor Ferrell asked how citizens without computers and /or internet access could participate in the process. Ms. Richardson announced hard copies of applications will be accepted. Information Technology Manager Thomas Fichtner noted a computer kiosk is available in the City Hall lobby for anyone wishing to use it. Mayor's Blue Ribbon Panel: City Attorney Pat Richardson stated at the last Council meeting Mayor Ferrell announced his intention of forming a Blue Ribbon Panel relating to the PACC. Municipal Research and Services Center has stated advisory boards may be created to advise the Mayor regarding operational issues. Appointments need to be based upon ability; training and experience in the specific field. The purpose of the panel is to provide an objective analysis regarding the maintenance and operation of the facility. The analysis will be based upon the refined pro forma and the City will hire a second consultant to review and refine the existing pro forma that was received in 2012. The panel will consist of 7 to 9 members who are objective regarding the PACC and have not previously taken a position on the project. Members should have expertise in the areas of financial, hospitality, events and performances. This will be an Ad Hoc panel which is not regulated by the Open Public Meetings Act so only panel members and select staff will attend meetings. Citizens will be able to submit comments to the panel via email. A Study Session with Council will be conducted once the panel has reviewed this item. Councilmember Maloney stated she looks forward to getting an objective opinion on the PACC. She inquired if there was a timeline on this item. Mayor Ferrell responded the timeline for formation is within two weeks. Councilmember Moore reported transparency is important with this project. He asked if the panel's meeting would be broadcast online for the public. Mayor Ferrell noted they would not be televised. Councilmember Duclos noted the importance of neutral; unbiased information being provided to the Panel and asked that the Deputy Mayor review the information prior to it being distributed. Councilmember Maloney asked that the information provided to the Panel be presented to all Councilmembers prior to being presented to the Panel. Deputy Mayor Burbidge noted a pro forma is an evolving document and fine tuning will most likely occur. She welcomes the opportunity for additional information to be presented. Seahawks Rally at City Hall., Mayor Ferrell referenced the photo on the Council Chambers display screen which was taken at last week's Seahawks rally at City Hall. Another rally will be held on January 31 st at 3:00 p.m. at City Hall. The IT Department has donated a 25 by 30 foot 12th Man flag to be unveiled at the rally on the 31St. He encouraged everyone to attend the event. 4. CITIZEN COMMENT Roy Parke spoke about charges against City officials which have never been investigated by outside agencies that have been notified of the charges. He feels this is a potential cover up. He asked Mayor Ferrell to forward his charges to the Washington State Patrol for review. Margaret Nelson stated King County Councilmember von Reichbauer was instrumental in the King County Weyerhaeuser Aquatic Center coming to Federal Way. The Center acts as an City Council Minutes — January 21, 2014 Regular Meeting Page 3 of 10 economic driver for the City and she believes the PACC would also be an economic driver in the City. Betty Taylor summarized an article from the Kent Reporter which noted the City of Kent would be receiving funding for transportation projects from the Transportation Improvement Board (TIB). She encouraged the City to seek out grant opportunities from TIB as well. She also commented on the lack of street lighting surrounding City Hall. Councilmember Burbidge noted she has served on the TIB for several years. The Board has been instrumental in the City's ability to complete road projects including improvements along Pacific Highway South. S. 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. a. Minutes: January 7, 2014 Regular Meeting and January 8, 2014 Special Meeting b. King County Cooperative Watershed Management Grant Funding c. Federal Way High and Sacajawea Pedestrian Connection — 85% Status Report and Authorization to Bid d. Lakota Middle School Sidewalks — 30% Design Status Report e. AT &T Cell Site Lease Renewal — Aquatic Center / BPA f. Fieldturf USA Retainage Release Motion: Deputy Mayor Burbidge moved approval of Consent Agenda items 5.a. through 5.f. Councilmember Maloney second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. 6. COUNCIL BUSINESS a. City Council Committee Appointments Deputy Mayor Burbidge stated it is appropriate to delay the Council Committee appointments until after the Council vacancy is filled (which is scheduled for March 1 st.) Motion: Deputy Mayor Burbidge moved to suspend Council Rule 30.9 for the appointments of Council Committees to occur after filling the Council vacancy. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes City Council Minutes — January 21, 2014 Regular Meeting Page 4 of 10 Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. b. License Agreement For Downtown Police Substation Mayor Ferrell reported a local business and property manager reached out to the City to donate space across from the Sound Transit parking garage to be used as a Police substation. City Attorney Pat Richardson highlighted the draft agreement which is for one year; has no rental costs associated with it and provides two parking stalls. Motion: Councilmember Honda moved approval of the license agreement for the downtown police substation and authorized the Mayor to execute the necessary documents. Councilmember Maloney second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Councilmember Celski c. Arts Commission Appointments At a 5:30 p.m. Special Meeting the Council interviewed two applicants seeking appointment to the Arts Commission. Motion: Councilmember Honda moved to appoint Gary Gillespie and Paul Kirehu to the Arts Commission with terms expiring December 31, 2016. Deputy Mayor Burbidge second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. d. Parks and Recreation Commission Appointments At a 5:30 p.m. Special Meeting the Council interviewed two applicants seeking appointment to the Parks and Recreation Commission. Motion: Councilmember Honda moved move to appoint David Wilson as a voting member to fill the un- expired term through April 30,2014; appoint David Berger as a voting member to fill the remainder of an un- expired term through April 30, 2016; and appoint Paul Kirehu as an alternate member with a term through April 30, 2016. Councilmember Moore second. Vote: City Council Minutes — January 21, 2014 Regular Meeting Page 5 of 10 Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Yes e. Human Services Commission Appointments Mayor Ferrell noted re- appointments to a Board or Commission do not require interviews by the Council. Motion: Councilmember Honda moved to re- appoint Kathryn Scanlon and Jan Owen to the Human Services Commission for three year terms expiring January 31, 2017. Deputy Mayor Burbidge second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Yes f. Renewal of Agreement for Official Newspaper and Webpaqe Advertising City Attorney Richardson stated this proposed amendment will combine two agreements (one for the official newspaper and one for webpage advertising) and extend the term to December 31, 2016. Motion: Councilmember Duclos moved approval of the amended Advertising Agreement, effective February 1, 2014 through December 31, 2016, and authorize the "Mayor to sign such agreement. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. g. Resolution: Amending Resolution 09 -560, Eliminating Term Limits for the North Lake Management District Parks and Public Works Director Cary Roe stated the proposed resolution will eliminate the current term limits for members serving on the North Lake Management District. Motion: Councilmember Celski moved to adopt the resolution amending Resolution 09 -560, eliminating term limits for the North Lake Management District No. 2 Advisory Committee. Deputy Mayor Burbidge second. City Council Minutes — January 21, 2014 Regular Meeting Page 6 of 10 Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Resolution 14 -655 h. Approve Arts Commission 2014 Contracts for Services City Attorney Richardson noted a parliamentarian error occurred when this item was presented at the last Council meeting. The Council voted to approve this Item; however; a motion to approve was not made prior to the vote. Deputy Mayor Burbidge noted she needed to recuse herself from voting on this item. Motion: Councilmember Honda moved to approve the proposed Arts Commission 2014 Contracts for Services. Councilmember Celski second. Vote: Councilmember Honda Deputy Mayor Burbidge Recused Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 5 -0 and 1 Recusal. i. 2.5% Wage Increase for Non- represented Employees Interim Finance Director Bob Noland reported non - represented employees have not had a wage increase since 2009. This is causing the City to fall behind comparable cities. If approved by Council this would also apply to the Teamsters as they have a "me too" clause in their contract. The cost of the wage increase (including benefits) would be $305k. Funding would be allocated as follows: $250K from the General Fund and $55K from other funds. Motion: Deputy Mayor Burbidge moved approval of the 2.5 %o wage increase for non - represented employees effective February 1, 2014. Councilmember Celski second. Councilmember Moore thanked the Mayor for initiating this item and stated he would be voting in favor of the motion. Vote: Deputy 'Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. City Council Minutes — January 21, 2014 Regular Meeting Page 7 of 10 Mayor's Appointment to Puget Sound Regional Council Executive Board City Attorney Pat Richardson noted the request from Puget Sound Regional Council (PSRC) was for an appointment to their Executive Board. The Interlocal agreement states jurisdictions will make this appointment and therefore this item is before Council. Deputy Mayor Burbidge added that Councilmembers also serve on the PSRC in different capacities. Motion: Deputy Mayor Burbidge moved to appoint Mayor Ferrell to the Puget Sound Regional Council Executive Board. Councilmember Honda second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. 7. ORDINANCES First Reading a. CB# 640: Criminal Code Update Relating To Crimes involving Scrap Metal Business An Ordinance of the City Council of the City of Federal Way, Washington, relating to crimes involving scrap metal businesses; adding a new section to Federal Way Revised Code 6.40 City Attorney Richardson stated this was a housekeeping item. State Law went into effect on January 1, 2014 relating to crimes involving scrap metal businesses. This ordinance would add a new section to the Federal Way Revised Code that adopts state statue by reference. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Honda moved to approve the proposed ordinance amending the Federal Way Revised Code to add a section for crimes involving scrap metal business and forward to the February 4, 2014 City Council meeting for second reading. Deputy Mayor Burbidge second. Vote: Deputy Mayor Burbidge Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. City Council Minutes — January 21, 2014 Regular Meeting Page 8 of 10 8. COUNCIL REPORTS Councilmember Duclos noted the Regional Policy Committee (RPC) meeting has been postponed to January 23 Id. Sound Cities will have a meeting prior to the RPC meeting to identify issues to review in the coming year. The King County Council is considering a ballot measure for the April election relating to formation of a Transportation Benefit District. Citizens and cities can provide input. There is a tentative public hearing on the issue scheduled for February 4th at the Sound Transit Board Room. She attended the Sound Cities Association Annual Meeting last week. They received information regarding funding for transportation projects. Approximately $66M will be available to cites via a competitive process. In solid waste news; King County Councilmember Hague said the Factoria Station will be revamped, and the County will work to extend disposal capacity at Cedar Hills Landfill beyond 2024. The County's disposal fee will not increase this year.The next Finance, Economic Development and Regional Affairs Council Committee meeting is scheduled for January 28, 2014. Councilmember Moore reported he participated in the MLK food drive. On Monday he had the opportunity to speak to the AmeriCorps group about MLK and putting others first. There are approximately 56 AmeriCorps members in the schools. On Friday he will participate in the one night homeless count. He has been meeting with former elected officials in an effort to seek advice in his role as a Councilmember. He is looking forward to working on ending homelessness and advocating for individuals in need. Councilmember Celski reported he also participated in the MILK food drive where there were a number of volunteers. He enjoyed last week's Seahawks rally and is looking forward to the rally scheduled for the 31st. The next Land Use and Transportation Council Committee meeting is February 3, 2014. Councilmember Honda spoke to the importance of the MLK food drive for the community. The food drive will remain a standing event for the MLK. Partnering with the schools on the MLK celebration has been a way to get young people in the community involved. Some of the events were videotaped and will be broadcast on Channel 21. She thanked the Diversity Commission and staff for all their work and planning that went into these events. Councilmember Maloney reported on the MLK events she attended over the past weekend. She thanked Mayor Ferrell for "hitting the ground running" and introducing new items into the community. She also thanked Cary Roe and his staff for being responsive to citizen concerns relating to the installation of street lights. Deputy Mayor Burbidge extended her appreciation to staff and the Diversity Commission for their efforts with the MLK events. She, along with other Councilmembers, participated in the food drive last weekend. This morning she attended the SCATB meeting where they received a briefing on Interstate 405 and Highway 167 expansion projects and funding challenges that exist. There was also discussion about tolling option and car -pool requirements. The SCATB's Legislative agenda was also a topic of discussion. She will be attending an upcoming meeting of the TIB in Olympia. The Federal Way Symphony will be performing this weekend and the Knutzen Family Theater's current production is entitled "The Nerd." 9. MAYORS REPORT Mayor Ferrell extended his thanks to city staff for their work on the Seahawk's rally as well as the MLK events. He provided a recap of the MLK events he attended which included participation in the food drive. He thanked everyone who participated in the MLK events and gave their time so freely. Last Thursday a reception was held for Brian Wilson's retirement from City Council Minutes — January 21, 2014 Regular Meeting Page 9 of 10 the Police Department. There was a great turnout and many individuals praised Brian's work ethic and years of service to the community. Mayor Ferrell applauded the City's Lobbyists who have scheduled a meeting with Mayor Ferrell and the Speaker of the House as well as the Senate Majority Leader to discuss items such as the Triangle Project, funding for the arts and other important matters. He thanked John Fairbanks for his donation of the 12th Man flag that was unveiled at last weeks rally. 10. EXECUTIVE SESSION The Mayor and Council did not adjourn to Executive Session. 11. ADJOURNMENT Mayor Ferrell adjourned the meeting at 9:12 p.m. Attest: a04 Carol McNeilly, CMC, ity Clerk Approved by Council: February 4, 2014 City Council Minutes — January 21, 2014 Regular Meeting Page 10 of 10