Council MIN 03-04-2014 RegularFederal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
March 4, 2014
7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:02 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,
Councilmember Lydia Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan
Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini
Duclos.
City staff in attendance: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Dick Mayer led the Pledge of Allegiance.
Mayor Ferrell welcomed Councilmember Lydia Assefa- Dawson to the dais. The Council
appointed Councilmember Assefa- Dawson to Council Position Number 1 at a Special Meeting
held on March 1 st. Councilmember Assefa- Dawson has served on the City's Human Services
Commission and also worked as the City's Human Services Manager from 2002 to 2003.
Councilmember Assefa- Dawson thanked the Council for the appointment and stated she is
looking forward to serving the community in her new capacity.
A reception will be held after the Presentation portion of the agenda to welcome
Councilmember Assefa- Dawson.
3. PRESENTATIONS
a. Relay for Life Award
Representatives from Relay for Life stated the group received an award from the
American Cancer Society associated with the Relay fundraiser held in June 2013. The
award was presented to the City as they are the primary force of the event. The dates for
the 2014 event are June 6th -7 th at Saghalie Middle School. Community Services Manager
Jay Bennett accepted the award and thanked everyone who participated and made the
event successful. He announced a City team has already been formed for this year's
Relay for Life. Councilmember Duclos announced she would be there for the first lap — a
lap for survivors. Councilmember Celski shared his fond recollections from prior year
events. Representative Roger Freeman was called to the podium. He shared his
City Council Minutes — March 4, 2014 Regular Meeting Page I of 9
experience with past Relay events and is looking to being a team captain this year.
Mayor Ferrell encouraged everyone in the community to participate in June's Relay for Life
event.
b. Federal Way School District Quarterly Update
Mayor Ferrell spoke to the importance of the City having a partnership and working
collaboratively with the School District. The District includes 21,000 students and 3,000
employees. The Mayor invited Federal Way School District Superintendent Rob Neu to
the podium to provide an update on the District's activities. Mr. Neu thanked the Council
for this opportunity. He also thanked the community for the passage of their recent levy.
The District believes 100 percent of their students need to graduate high school. Some of
the initiatives they have taken on have resulted in positive changes such as improved
attendance rates and a 41 percent decrease in disciplinary issues. Ensuring student
success in a competitive society is the goal of the District.
The Council expressed their appreciation for the District's work.
c. Police Department Awards
Interim Police Chief Andy Hwang presented the following Police Department Awards:
• Life Saving Award to Officer Seth Hanson. Officer Hanson responded to a CPR in
progress on a child call. When he arrived on the scene he took over CPR and he is
credited with saving the life of the child.
Certificate of Merit Award to Property Evidence Technician Michelle Dahl. Ms. Dahl
was nominated by her supervisor due to her instrumental role in developing a
paperless property evidence processing program.
d. Mayor's Ememing Issues
Neighborhood Connection Meetings: Mayor Ferrell provided an update on the
February 27th Neighborhood Connection meeting that was held at Brigadoon
Elementary. Approximately 112 individuals attended the meeting as well as the
Council. Staff provided presentations on public safety, code enforcement and other
topics. The meeting was videotaped and will be broadcast on Channel 21. The next
Neighborhood Connection Meeting is scheduled for April 24th at Adelaide Elementary
School at 6:00 p.m.
• Upcoming Planning Commission Meeting: The Planning Commission will conduct a
meeting on March 19th at 7:00 p.m. at City Hall. They will begin working on the
Comprehensive Plan Update. The meeting will allow for public comment on the
update.
Upcoming Council Retreat: Mayor Ferrell reported Council will conduct their Annual
Retreat on Saturday, March 8th beginning at 9:00 a.m. at the Federal Way Community
Center. Deputy Mayor Burbidge reviewed the scheduled discussion topics and
encouraged citizens to attend. She announced public comment will be accepted after
the morning and afternoon sessions. Mayor Ferrell announced the Town Square
project will discussed. He has invited Ida Ottesen with Nakano Associates to
specifically address the development of an interim park on the Town Square site. Mr.
Ferrell announced the importance of the Council Retreat in that it allows for more
productive discussions and conversations outside of a more structured, agenda- driven
meeting. He encouraged citizens to attend and participate in the retreat.
City Council Minutes — March 4, 2014 Regular Meeting Page 2 of 9
4. RECEPTION - Newly Appointed Council Position No. 1
The Mayor and Council recessed at 7:24 p.m. for a reception honoring Councilmember
Assefa - Dawson. They reconvened at 7:43 p.m.
5. CITIZEN COMMENT
H. David Kaplan requested the Council take action against the proposed development on the
former school bus barn site and shared his reasons for opposing the project. Mayor Ferrell
committed to discussing the topic with Council.
Margaret Reyhner, a Steel Lake resident, asked the Council to consider purchasing the
wetlands near Steel Lake and designating them as a wildlife and wetlands preservation area.
Preserving this area will benefit the lake, and provide an opportunity for children to learn about
the environment.
Will Knedlik requested the Council hold a public hearing on King County's Transportation
Proposition One and announced he has been appointed by King County to serve as a
member of the Con Committee in opposition of the measure. City Attorney Richardson issued
a point of order as public facilities are prohibited from being used for campaign purposes. She
clarified that requesting a public hearing is acceptable, speaking for or against the ballot
measure is not permitted. Mayor Ferrell noted the Council will conduct a public hearing on the
ballot measure as part of their March 18th Regular Meeting which will begin at 7:00 p.m.
6. 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: February 18, 2014 Special and Regular Meetings
b. Vouchers
c. Monthly Financial Report
d. Renewal of Contract with King County for Providing Institutional Network (I -Net) Services
e. Amend the Habitat for Humanity Memorandum of Understanding for the Westway Project
f. Resolution: Modifying the Vehicle and Equipment Policy to Change Asset Capitalization
Threshold — Resolution 14 -656
Motion: Deputy Mayor Burbidge moved approval of Consent Agenda items 5.a. through
5.f. Councilmember Celski second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Assefa- Dawson
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
City Council Minutes — March 4, 2014 Regular Meeting Page 3 of 9
7. COUNCIL BUSINESS
a. Appointments to the Steel Lake Management District Advisory Committee
At their 5:30 p.m. Special Meeting the Council interviewed applicants seeking appointment
to the Steel Lake Management District Advisory Committee.
Motion: Councilmember Celski moved to appoint Mark Sabol, John Pearson,
Margaret Reyhner and Tom Dezutter to the Steel Lake Management District
Advisory Committee with terms through December 31, 2015. Councilmember
Duclos second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
b. Confirmation of Finance Director
Mayor Ferrell recapped the recruitment process for filling the Finance Director position.
The City hired Prothman & Associates to conduct a search, and a panel interviewed
finalists on February 19th Mayor Ferrell noted this is the first time the City has gone
through the appointment and confirmation process under the strong Mayor form of
government. A "meet and greet" was held earlier this evening to allow the Council and
public to meet Ade' Ariwoola, who the Mayor has appointed to the Finance Director
position. Mayor Ferrell invited Mr. Ariwoola to the podium where he thanked the Mayor
and Council for this opportunity. He is looking forward to working with the Federal Way
team. His first day with the City will be April 1 st
Motion: Deputy Mayor Burbidge moved to confirm the Mayor's appointment of Ade'
Ariwoola as the City's Finance Director. Councilmember Celski second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
c. Approval of Independent Salary Commissioner
Mayor Ferrell stated appointments to the Independent Salary Commission are made by
the Mayor and approved by the Council. Mayor Ferrell interviewed two applicants seeking
appointment to this Commission. The Federal Way Revised Code does not currently allow
for alternates on this Commission, however, staff will be working to revise the Code and
bring it before Council for approval. Mayor Ferrell's appointment of Michael Kun to the
City Council Minutes — March 4, 2014 Regular Meeting Page 4 of 9
Independent Salary Commission was before Council for approval.
Motion: Deputy Mayor Burbidge moved to approve the Mayor's appointment of
Michael Kun to the Independent Salary Commission. Councilmember Moore
second.
Vote:
Deputy Mayor Burbidge
Councilmember Assefa- Dawson
Councilmember Maloney
Councilmember Honda
Councilmember Celski
Councilmember Moore
Councilmember Duclos
Motion carried 7 -0.
Yes
Yes
Yes
Yes
Yes
Yes
Yes
d. Professional Services Agreement with the National Development Council for Technical
Assistance Relating to the CDBG Section 108 Loan Fund
Community and Economic Development Director Patrick Doherty provided an overview of
the contextual history of the CDBG loan fund as it relates to the Performing Arts and
Conference Center. This program is not project- specific; it can be used for many different
projects. He announced the loan fund program has been verbally approved and staff
expects a written approval letter soon.
Human Services Manager Jay Bennett relayed the regrets of Michelle Morlan, (with the
HUD National Development Council) for not being present this evening. Ms. Morlan had
wanted to personally give her presentation to the Council but was regrettably unable to do
so in person because of an out -of -state obligation.
Mr. Bennett provided Council with a PowerPoint presentation detailing how the loan fund
program works concerning: deadlines; types of eligible activities and uses; terms and
conditions; required securities; prudent underwriting projects; an explanation of how the
fund works from approval through loan funding; and the scope of loan fund administration.
He stated the cost of the proposal is $30,000.
Councilmembers asked clarifying questions of staff regarding this item
Councilmember Duclos inquired if the Section 108 Loan Fund was separate from the
New Market Tax Credits. Mr. Bennett confirmed they were separate.
Mayor Ferrell noted the Council has tentatively scheduled a Special Meeting /Study
Session on May 8th to discuss the proposed PACC and receive a presentation from the
Blue Ribbon Panel regarding their findings.
Councilmember Honda shared her concerns with moving forward with this item and taking
on debt for development of a PACC.
Deputy Mayor Burbidge noted the use of Section 108 funds have been used by many
jurisdictions to assist in economic development.
Councilmember Duclos shared her experience using this type of funding. She feels it is a
great resource and would like to see the City move forward with this item.
City Council Minutes — March 4, 2014 Regular Meeting Page 5 of 9
Motion: Councilmember Duclos moved approval of the Professional Services
Agreement with the National Development Council for Technical Assistance relating
to the CDBG Section 108 Loan Fund. Councilmember Celski second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
Councilmember Maloney
Yes
Councilmember Honda
No
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 6 -1
e, Program Year 2014 CDBG Annual Action Plan
Community Services Manager Jay Bennett summarized the purpose of the CDBG Annual
Action Plan. The annual funding of the City's priority project areas must be described in
the Annual Action Plan (AAP). Funded activities address the City's most critical needs in:
Economic Development; Neighborhood Revitalization; Housing; Public Facilities; and /or
Public Services for low and moderate income persons. The Council passed the 2014 Plan
in October 2013 based upon an estimated entitlement grant. However, HUD issued new
directives in December 2013 which states the plan needs to contain the exact amount of
the entitlement grant or alternatively, the action would have to have contingency options
for varying amounts and how they would be disbursed.
Mr. Bennett highlighted the requirements of the City for making its application to HUD and
explained the different requirements between this year and prior years. He provided an
overview of the public process, the need for Council action, the 2014 funding sources and
the expenses associated with the Plan.
2014 CDBG Resources included the following: Program Year 2012 Unexpended Funds;
2014 HUD Entitlement Grant; Program Income; a total CDBG Resources of: $1,175,545.
Other Potential Resources include: Section 108; NSP3 Grant; HOME King County
resources; Emergency Solutions Grant King County Resources for a total of $4,305,545.
Staff is presenting a plan which has been developed in conjunction with the Human
Services Commission and he shared the Commission's recommendation including a
CDBG Allocation Contingency Provision for any additional funds.
Councilmembers asked questions regarding the New Market Tax Credit and the Small
Business portions of the plan. They thanked Mr. Bennett and the Human Services
Commission for their work on this item.
Motion: Councilmember Duclos moved approval of the program year 2014
Community Development Annual Action Plan. Councilmember Celski second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Celski Yes
Councilmember Moore Yes
City Council Minutes — March 4, 2014 Regular Meeting Page 6 of 9
Councilmember Duclos Yes
Motion carried 7 -0
8. ORDINANCES
First Reading:
a. CB# 643 Amending the Business Registration Appeals Process
An ordinance of the City of Federal Way, Washington, , amending the Business
Registration Appeals Process; amending section 12.05.210 and repealing section
12.05.230 of the Federal Way Revised Code
City Attorney Richardson stated the draft ordinance before Council would amend
the Federal Way Revised Code to designate business license /registration
appeals to be heard by the City's Hearing Examiner rather than the City Council.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Duclos moved to forward approval of the proposed
ordinance amending the business registration appeals process to the
March 18, 2014 City Council Meeting for adoption. Councilmember Celski
second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Assefa- Dawson
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
b. CB# 644 2014 Carry- Forward Budget Adjustment
An ordinance of the City of Federal Way, Washington relating to Budgets and Finance
to Carry Forward Funds revising the 2013 -14 Biennial Budget
Interim Finance Director Bob Noland reviewed the purpose of the carry— forward
adjustment. This item was reviewed by FEDRAC on February 25th There it was
discovered $60,000 for the Arts Commission had not been included in the draft
ordinance. Mr. Noland distributed a revised ordinance for Council review which
includes $60,000 for the Arts Commission. He reviewed the proposed carry-
forward amounts by fund and stated the inclusion for the Arts Commission
funding the total expenditure adjustment is $22,235,751.00.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Duclos moved to forward approval of the carry
forward budget adjustment as presented to the March 18, 2014 City Council
meeting for adoption. Councilmember Celski second.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
City Council Minutes — March 4, 2014 Regular Meeting Page 7 of 9
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
Councilmember Maloney
Second Reading:
c. CB# 641 Amendino the Final Administrative Decision /Appeal Process
An ordinance of the City of Federal Way, Washington, relating to final administrative
decisions of the City; amending sections 19.70.010, 19.70.050, 19.70.060, 4.30.110,
11.45.100, 14.10.060, 18.35.010, 18.35.080, 18.35.090, and repealing sections
19.70.180, 19.70.200, 19.70.210, 19.70.220, 19.70.230, and 19.70.250 of the Federal
Way Revised Code
At their February 18th Regular Meeting the Council received a presentation on this
item 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 amending the final administrative appeal process. Deputy Mayor
Burbidge second.
Vote:
Deputy Mayor Burbidge
Yes
Councilmember Assefa- Dawson
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0. Ordinance 14 -760
9. COUNCIL REPORTS
Councilmember Duclos did not provide a report.
Councilmember Moore welcomed Councilmember Assefa- Dawson. He thanked the Mayor
and Deputy Mayor for conducting a transparent recruitment and appointment process for the
Council vacancy.
Councilmember Celski welcomed CouncilmemberAssefa- Dawson to the Council. He thanked
the Mayor and staff for a successful Neighborhood Connection meeting last week. Lastly he
reported the Reach Out Roller Mania event is scheduled for March 31St at Pattison's West
Skating Rink.
Councilmember Honda stated the next PRHSPC meeting is March 11th Last weekend she
attended the PAC -12 Women's Swimming & Diving Championships at the King County
Weyerhaeuser Aquatic Center. She noted there are swimming /diving events almost every
weekend at the Center and asked if the City could hang the diving - themed banners in the City.
She attended the Federal Way Domestic Violence Task Force meeting. The Task Force has
City Council Minutes — March 4, 2014 Regular Meeting Page 8 of 9
created an informational booklet on dating violence which has been distributed throughout
many Federal Way Schools. St. Francis Hospital has paid for the printing of the booklets.
Councilmember Honda extended her thanks to all of the applicants who participated in the
Council vacancy interview process last weekend.
Councilmember Maloney provided an update on the PAC -12 Women's Swimming & Diving
Championship where many attendees /participants expressed positive remarks to her
regarding the City. She attended the grand- opening of Total Wine and More and reported the
new business donated $10k to the Multi- Service Center. Along with other Councilmembers,
she attended a dinner with the Korean Consultant General on Friday, March 1.
Councilmember Maloney welcomed CouncilmemberAssefa- Dawson. Lastly, she encouraged
individuals to clean out any clogged storm drains should they notice.
Councilmember Assefa - Dawson thanked the Council and public for welcoming her. She is
looking forward to this opportunity to serve the community.
Deputy Mayor Burbidge reported the next Lodging Tax Advisory Committee meeting is
scheduled for March 13th. Tomorrow she will be attending Economic Development District
Board of Directors meeting in Seattle. She shared her appreciation of the Neighborhood
Connection meetings and is looking forward to the next one at Adelaide Elementary School.
She welcomed Councilmember Assefa- Dawson and reported the Federal Way Symphony's
upcoming performance at St. Luke's Church.
10. MAYOR'S REPORT
Mayor Ferrell thanked the Council for being part of the recent Neighborhood Connection
Meeting. He stated he was really proud of the Council, Staff, and the community. This morning
he attended the Kiwanis breakfast meeting and he recently toured Highline Community College
and the SCORE Jail facility. Mayor Ferrell and Deputy Mayor Burbidge provided a summary of
the well- attended fundraiser event at Emerald Downs benefiting Thomas Jefferson High
School programs including sports and the arts.
11. EXECUTIVE SESSION
The Mayor, Council and City Attorney adjourned to Executive Session at 9:07 p.m. to discuss
collective bargaining pursuant to RCW 42.30.140(4)(b). They adjourned from Executive
Session at 10:03 p.m.
12. ADJOURNMENT
With no additional items on the agenda, Mayor Ferrell adjourned the meeting at 10:03 p.m.
Attest:
Carol McNeilly, CIVIC, Cit Clerk
Approved by Council: March 18, 2014
City Council Minutes — March 4, 2014 Regular Meeting Page 9 of 9