Council MIN 06-03-2014 RegularCITY OF
.� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
June 3, 2014
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:03 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: Interim City Attorney Amy Jo Pearsall and City Clerk Carol McNeiliy.
2. PLEDGE OF ALLEGIANCE
Mary Gates led the Pledge of Allegiance.
Motion: Deputy Mayor Burbidge moved to amend the agenda to create a new section 7.
Ordinance, and add an ordinance imposing a 6 -month moratorium on the expansion or
creation of a retail establishment providing entertainment, recreational or cultural
services or activities within the City Center Core and the City Center Frame as C13#650
for first reading and enactment. 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
3. PRESENTATIONS
a. Proclamation: Relay for Life - June 6th & 7th
Councilmember Duclos read the Proclamation into the record and presented it to Relay
Event representatives. Relay Event co- chairs De Anna Nugent and Tarah Taggart thanked
the Council for the Proclamation and invited everyone to attend this year's event. Former
Councilmember, Representative Roger Freeman, stated all the funds raised during this
event go to cancer research.
b. Certificate of Appointment: Independent Salary Commission
At their May 20th meeting the Council appointed Michael Christner to the Independent
Salary Commission as an alternate member. Mayor Ferrell read Mr. Christner's Certificate
Council Minutes — June 3, 2014 Regular Meeting Page I of 8
of Appointment into the record.
c. Federal Way Senior Center
Community Services Manager Jeff Watson introduced Steve Sandberg, Executive Director
of the Federal Way Senior Center. Mr. Sandberg recapped the services provided by the
Federal Way Senior Center — specifically their nutrition program and food pantry.
d. Recognition of Dumas Bay and Federal Way Community Center
Councilmember Duclos read the Certificates of Recognition into the record and presented
them to staff members from the Community Center and Dumas Bay. The Mayor and
Council recognized staff for their efforts in operating and managing both facilities. Staff
members thanked the Mayor and Council for the recognition.
Mayor Ferrell recognized Representative Roger Freeman who was in attendance.
Representative Freeman encouraged the City to seek State funding for economic
development associated with the Performing Arts and Conference Center (PACC), if the
Council approves moving forward with the project.
Mayor Ferrell also recognized Representative Linda Kochmar who was in attendance.
Representative Kochmar stated she and Representative Freeman will do their best to
support the City of Federal Way.
e. Mayor's Emerging Issues and Report
• Wed, June 11th Neighborhood Connection Meeting: Mayor Ferrell reported on the
upcoming Neighborhood Connection Meeting which will be held at Sherwood Forrest
Elementary from 6:00 p.m. to 7:30 p.m.
• Town Square Park Update: Interim Parks Director Ken Miller showcased a few photos
of the work being performed at the park site. Topsoil has been installed and irrigation
work will begin soon. Councilmember Honda asked how individuals would utilize the
pea -patch areas. Mr. Miller stated staff is working out the details of the use.
CouncilmemberAssefa- Dawson stated she would like to have High School students
paint murals on the site.
• CAFR Award: Finance Director Ade Ariwoola announced the City had received the
Certificate of Achievement for Financial Reporting (CAFR) award. He reviewed the
criteria for achieving this award and noted this is the 22nd consecutive year the City
has received the award.
• 4th of July Event: Recreation Supervisor John Hutton provided a summary of planning
and work occurring for this year's Red White and Blues Festival. He highlighted new
events and attractions - including a kid's parade, scheduled for the event.
• Introduction of New Employees: Mayor Ferrell reported the following new employees
had recently joined the City:
1. Nicole Walters, Court Clerk
2. Jeffrey Watson, Community Services Manager
3. Chris Free, Code Compliance Officer
4. Cheryl Proffitt - Schmidt, Deputy City Clerk
• May 28th SCA Dinner. Mayor Ferrell attended the SCA Dinner where Governor Inslee
shared information regarding transportation, infrastructure and the initiatives he is
working to complete.
Council Minutes — June 3, 2014 Regular Meeting Page 2 of 8
• May 29th Tacoma Rainiers Game: Mayor Ferrell reported he threw the first pitch of the
Tacoma Rainiers May 29th baseball game. He noted there was a good staff turnout at
the event.
• Police Apprehension of Major Crime Suspect: Police Chief Andy Hwang stated the
suspect in two recent homicide events in May was taken into custody in Kennewick on
May 24th. The apprehension was made possible by a joint effort with the US Marshall's
Office, Kennewick Police Department and the Department of Justice. The suspect has
been charged with murder and bail has been set. Chief Hwang commended his
officers for their work in identifying a suspect. Additionally, Chief Hwang reported on
the steps taken immediately following the incidents to assure safety in the apartment
communities affected by these shootings. Mayor Ferrell thanked Chief Hwang and his
department for their excellent work.
4. CITIZEN COMMENT
Donald Barovic complimented the programming on Channel 21 TV which allows him to watch
Council Meetings when he is not able to attend. Mr. Barovic stated he would like to see
enforcement efforts on drivers who toss cigarettes out of their car windows.
Phil Wamba spoke in support of developing a Performing Arts and Conference Center (PACC)
in the City.
Tracy Hills does not support development of a PACC; however, if it is built he hopes it will
provide job opportunities for residents.
Jennie Hills stated she does not support the development of a PACC. She would rather see
funds directed towards road improvements, traffic enforcement and an employment agency
for individuals with disabilities in the City.
Margaret Nelson asked the Council to approve development of a PACC which is scheduled
for action this evening.
Don Smith spoke in support of a PACC, he feels it will promote economic development and
create jobs within the City.
Betty Taylor stated road paving in front of her apartment complex caused traffic and access
issues for her and other residents today. She does not feel the City provided ample notice to
the residents regarding the scheduled paving.
Keith Livingston stated the Blue Ribbon Panel did an excellent job with their reports and he
spoke in support of developing a PACC.
H. David Kaplan submitted written comments for City Clerk McNeilly to read into the record.
His comments were in support of developing a PACC.
5. 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: May 8, 2014 Special Meeting, May 20, 2014 Special and Regular Meetings
b. Monthly Financial Report —April 2014
c. Vouchers
d. Community Center Pool Lighting Upgrades — Authorization to Bid
e. WA State Employment Security Department Data Sharing Agreement
Council Minutes — June 3, 2014 Regular Meeting Page 3 of 8
f. Resolution: Local Government Investment Pool — Resolution 14 -663
Motion: Deputy Mayor Burbidge moved approval of ConsentAgenda items 5.a. through
5.f. Councilmember Celski second.
Vote:
Councilmember Duclos second.
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
Councilmember Duclos
6. COUNCIL BUSINESS
a. Diversity Commission Appointments
Motion: Councilmember Honda moved to re- appoint Jessicka Rambus, Gregory
Baruso, and Chris Brown to the Diversity Commission as voting members with
terms expiring May 31, 2017. 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. Parks and Recreation Commission Appointments
At their 6:00 p.m. Special Meeting the Council interviewed one applicant seeking
appointment to the Parks and Recreation Commission.
Motion: Councilmember Honda moved to appoint Lynda Jenkins to the Parks and
Recreation Commission as a voting
member with a term expiring April 30, 2016.
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
c. Human Services Commission Appointments
At their 6:00 p.m. Special Meeting the Council interviewed one applicant seeking
appointment to the Human Services Commission.
Motion: Councilmember Honda moved to appoint Sigh Nguyen to the Human
Council Minutes — June 3, 2014 Regular Meeting Page 4 of 8
Services Commission as a voting member to fill the remainder of an unexpired term
of January 31, 2016. Councilmember Moore second.
Vote:
Yes
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
d. Arts Commission Appointments
At their 6:00 p.m. Special Meeting the Council interviewed one applicant seeking
appointment to the Arts Commission.
Motion: Councilmember Honda moved to appoint Caroline Castro to the Arts
Commission as an alternate member with a term expiring December 31, 2017.
Councilmember Moore 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
e. Former Toys R Us Demolition Project — Bid Award
Interim Parks Director Ken Miller presented the staff report which summarized the project;
reviewed the bids received, and recommended awarding the bid to the lowest responsive,
responsible bidder. Mr. Miller reported the bids came in significantly under estimate and
work is scheduled for completion by July 12, 2014.
Council inquired about the funding source. Mr. Miller responded funding has been
allocated from the Downtown Revitalization Fund.
Motion: Councilmember Celski moved approval to award the Toys R Us Demolition
Project to A Clearing Expert, the lowest responsive, responsible bidder, in the
amount of $65,000, to approve an additional 10% contingency, and authorize the
Mayor to execute said contract. 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
Council Minutes — June 3, 2014 Regular Meeting Page 5 of 8
f. Resolution: Reserve Fund Balance Policy
Finance Director Ade Ariwoola provided a presentation outlining the goals of the policy,
GFOA recommendations, the City's 2013/2014 budget and the details of the proposed
policy, and the benefits the policy provides.
Council asked clarifying questions of Mr. Ariwoola relating to historical fund balance levels,
and proposed allocations.
Motion: Councilmember Duclos moved approval of the Reserve Fund Balance
Policy Resolution. 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 Resolution 14 -664
g. Resolution: Authorizing Development of Performing Arts and Conference Center
Community Development Director Patrick Doherty provided a brief chronology of the
actions and activities associated with development of a Performing Arts and Conference
Center (PACC) from 2009 to current. Mr. Doherty reviewed details of the draft resolution
presented for Council consideration.
Councilmember Maloney inquired on the status on the New Markets Tax Credits. Mr.
Doherty stated Congress has not made the allocations as of yet — allocations are
anticipated to occur next week.
Councilmember Honda requested all Councilmembers see the editorials that are prepared
by staff for this project.
Mayor Ferrell asked when construction would begin and when the project would possibly
be completed. Mr. Doherty stated if approved by Council, work could begin by January
2015. The project would take approximately 18- months start to finish.
Chief of Staff Brian Wilson noted if approved by Council this evening — staff would start
recruitment for an Executive Director for the facility right away.
Motion: Deputy Mayor Burbidge moved approval of the resolution authorizing
development of a Performing Arts and Conference Center (PACC). Councilmember
Duclos second.
Councilmembers Duclos, Celski, Moore, Assefa- Dawson and Deputy Mayor Burbidge
spoke in support of the motion and expressed their thanks for all who have worked on
bringing this project to this point.
Councilmember Maloney expressed her concerns over the City not receiving New Market
Tax Credits for this project.
Councilmember Honda shared her concerns with the funding options being proposed for
this project, the capacity of conference seating, as well as other items.
Mayor Ferrell spoke to the purpose of forming the Blue Ribbon Panel and how their
findings were relevant to influencing his position on this project.
Vote:
Deputy Mayor Burbidge Yes
Council Minutes — June 3, 2014 Regular Meeting Page 6 of 8
Councilmember Assefa- Dawson Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Celski
Yes
Councilmember Moore
Yes
Councilmember Duclos
Yes
Motion carried 7 -0. Resolution 14 -665
Yes
The Council recessed at 9:29 p.m. and reconvened at 9:44 p.m.
7. ORDINANCE — added item
First Reading and Enactment:
a. CB# 650 Imposing a 6 -month moratorium on the expansion or creation of a retail
establishment providing entertainment, recreational or cultural services or activities within
the City Center Core (CC -C) and City Center Frame (CC -F) and setting a date for a public
hearing. An ordinance of the City of Federal Way, Washington, imposing a six -month moratorium
on the expansion or creation of a retail establishment providing entertainment, recreational or
cultural services or activities within the City Center Core (CC -C) and City Center Frame (CC -F) and
setting a date for a public hearing.
Interim City Attorney Pearsall stated the proposed ordinance would impose a six -month
moratorium on the expansion or creation of a retail establishment providing entertainment,
recreational or cultural services or activities within the City Center Core as permitted by
state law. Ms. Pearsall explained the purposes and effects of the moratorium and the next
steps. If the ordinance is approved, a public hearing will be held June 17, 2014 during the
regular Council meeting.
Ms. Pearsall clarified this moratorium would not impact the PACC project.
Motion: Councilmember Celski moved to suspend Council Rule 2.2(8) to allow for
first reading and enactment of the ordinance. 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.
City Clerk McNeilly read the ordinance title into the record
Motion: Councilmember Celski moved approval of the ordinance imposing a six -
month moratorium on the expansion or creation of a retail establishment providing
entertainment, recreational or cultural services or activities in the City Center Core
and the City Center Frame. Councilmember Maloney second.
Mayor Ferrell sought clarification about the effective date of the ordinance. Ms. Pearsall
answered this ordinance will be effective immediately.
Vote:
Deputy Mayor Burbidge Yes
Councilmember Assefa- Dawson Yes
Councilmember Maloney Yes
Council Minutes — June 3, 2014 Regular Meeting Page 7 of 8
Councilmember Honda Yes
Councilmember Celski Yes
Councilmember Moore Yes
Councilmember Duclos Yes
Motion carried 7 -0. Ordinance 14 -768
8. COUNCIL REPORTS
Councilmember Duclos did not provide a report due to the lateness of the hour.
Councilmember Moore stated he is thrilled to be part of this great city. Last week he
represented the City at a Sound Cities Association (SCA) event with County leaders where he
was pleased to learn more about regional issues.
Councilmember Celski reported the Federal Way High School boys and girls track team won
the 4A Track and Field Championship for the second year in a row. Councilmember Celski
encouraged citizens to attend the Flag Day Ceremony at the Aquatic Center on June 14th at
9:30 a.m. He also applauded Mayor Ferrell's decision to form the Blue Ribbon Panel.
Councilmember Honda thanked the IT Department for streaming Council meetings on
YouTube. She reported on recently- attended and upcoming community events including the
Fishing Event at Steel Lake; the Green Fest at Camelot Elemental School; the Federal Way
Domestic Violence Task Force meeting last week and the June 14t Flag Day Event hosted by
the Sorpotomist Club and King County Councilmember Pete von Reichbauer. Councilmember
Honda thanked the Parks Department for changing the flags along Campus Drive. She
announced the next Parks PRHSPS Council Committee meeting is July 8 as the June
meeting has been canceled.
Councilmember Maloney reported she has two children graduating this June and was proud to
share their achievements.
CouncilmemberAssefa- Dawson reported on an upcoming Baccalaureate Event at St. Luke's
Lutheran Church on June 8th for all students graduating from Federal Way schools; she
encouraged everyone with a Federal Way graduate to attend.
Deputy Mayor Burbidge announced the next Lodging TaxAdvisory Committee (LTAC) meeting
is scheduled for June 12th at 8:00 a.m. Last week she attended a state Transportation
Improvement Board meeting and will provide details at a future Council meeting. On June 4
she will attend an Economic Development meeting of the Puget Sound Regional Council. She
announced the June 7 & 8 Harmony Kings performance at theAuburn Performing Arts Center.
9. ADJOURNMENT
With no additional items before the Council, Mayor Ferrell adjourned the meeting at 9:59 p.m.
Attest:
Ca� DQLf-) 0 1
rol McNeilly, CMC, City C rk
Approved by Council: June 17, 2014
Council Minutes — June 3, 2014 Regular Meeting Page 8 of 8