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