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Council MIN 07-01-2014 RegularCITY OF .� Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 1, 2014 7:00 p.m. www.cityoffederalway.com CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:10 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 McNeilly. 2. PLEDGE OF ALLEGIANCE Anthony Murrietta led the Pledge of Allegiance 3. PRESENTATIONS a. Red, White and Blues Festival Interim Parks Director John Hutton provided the final update prior to this Friday's Red, White and Blues Festival. The entertainment lineup has seven live acts including musical artists and a martial artist performances. This year there will be a children's parade as well. Councilmember Honda reported staging for the parade will begin at 7:00 p.m. b. Fireworks Enforcement Police Chief Andy Hwang stated fireworks are illegal in the City. The Police Department has issued notifications via various methods to remind residents that fireworks are illegal. The Police will respond to noise and safety concerns related to fireworks and civil infractions may be issued. Residents can report violations by calling 911 or 253 - 835 -2121. c. National Night Out Event Police Chief Andy Hwang stated the Police Department has participated in this event since 1996. They partner with South King Fire and Rescue (SKFR) and St. Francis Hospital. Historically there have been 20 -25 communities that participate. So far 13 communities are registered for this year's event. Neighborhoods can register to participate in the event via the city website or by calling 253 - 835 -6707. d. Town Square Park Update PACC Project Director Ken Miller highlighted the photo of the park on the chambers display screen. The chess boards and basketball hoops have been installed; planters City Council Minutes — July 1, 2014 Regular Meeting Page I of 9 have been painted and plants added to them; Lowes donated paint for the retaining wall and volunteers from Lowes painted it. The grand opening for the park will be July 12tH e. Branding Ad -Hoc Committee Report Councilmember Maloney provided background information on the Branding Ad -Hoc Committee which is comprised of Councilmembers Maloney, Duclos and Honda. The goal of re- branding is to increase prosperity for all residents through the outcomes of the re- branding initiative. Councilmember Maloney reviewed the elements of each of the following phases of the re- branding process: Phase 1 — Determination /Evaluation; Phase 2 — Strategic and Tactical Direction; Phase 3 — Implementation. The Committee will meet monthly to begin Phase 1. Community input is welcome and encouraged. The Committee will report to the Council on when the first elements of Phasel will be conducted, and will be working hand in hand with the Mayor, Council, Community and Stakeholders. f. Mayor's Emerging Issues and Report Economic Development Visioning Process: Chief of Staff Wilson stated there are 2 study sessions scheduled to identify the goals of economic development and business development opportunities. Representatives from the Council, the School District, the Chamber of Commerce and other organizations will meet to discuss strategies for implementation in 2015. Town Square Park Programming: Interim Parks Director John Hutton recapped the activities that will occur at the July 12th grand opening event which will be held from noon to 4:00 p.m. Park programming will include volleyball tournaments, basketball clinics and tournaments; yoga and Tai Chi classes /demonstrations, music events /concerts and food trucks will also be part of the programming. New Market Tax Credits: Finance Director Ade Ariwoola reported on this federal program where the City is seeking funds for the Performing Arts and Community Center (PACC) construction. Staff met with consultant Michelle Moran on June 26, 2014 for a briefing on the program. Second round /tier allocations will be awarded in December 2014.The process for the 2015 allocations will start in September 2014. The City will continue to work with their consultant on the second round /tier allocations. Mr. Ariwoola noted the primary criteria of receiving funds via this program is project "readiness." Councilmembers asked clarifying questions of Mr. Ariwoola regarding funding amounts for the New Market Tax Credits; approved use of funds; the maximum amount of funding that may be awarded; and the timeline of when this funding can be accepted which is during the construction phase only. Section 108 funding: Mayor Ferrell asked Mr. Ariwoola to report on recent information from Senator Murray relating to preliminary funding of $3 million that has been put aside. Mr. Ariwoola stated our consultant has outlined the steps the city will take to secure the funding for the PACC project. Toys R Us Demolition: PACC Project Director Ken Miller reported the building is scheduled for demolition on July 10th. Additional time will be needed for hauling away the debris and item 5.e. on the Consent Agenda relates to the demolishing and hauling away the building slab. City Council Minutes — July 1, 2014 Regular Meeting Page 2 of 9 4. CITIZEN COMMENT H. David Kaplan spoke in opposition of the Council awarding additional funding to the Federal Way Cup Run Series. (Agenda item 6.g.) Mohit Sharma spoke in support of re- activating the Youth Commission. Mayor Ferrell suggested the Council form an Ad -Hoc Committee with Councilmembers Honda, Moore and Assefa- Dawson to discuss the direction of the Youth Commission. Gary Grant reported his neighborhood has not been receiving street sweeping services. He would like to see an independent oversight committee of citizens to address issues that occur within the City. Mayor Ferrell noted he would treat Mr. Grant's street sweeping comments as a Citizen Action Request (CAR) and will report back on this item at the next Council Meeting. Rose Ehl and Mike Dziak who are Federal Way Farmers Market representatives, reported the group is considering hosting a Wednesday Market from 11:00 a.m. to 3:00 p.m. Mr. Ehl spoke in support of additional funding for the Federal Way Cup Run Series (Agenda item 6.g.). Mr. Dziak reviewed the advertising plan for the run series. Tracy Hills stated he would like to volunteer for the shopping cart recovery program. He also inquired when the old Target building would be demolished. Mayor Ferrell reported the City does not own the old Target building. Robert Morrison shared elements he would like to see developed in conjunction with the PACC project, including a banquet room in the facility. Norma Blanchard spoke in support of the Council imposing term limits for their positons. Tim Burns posed questions to the Council regarding funding options and allocated funds for the PACC. Mayor Ferrell addressed Mr. Burns questions. Ryan Miller submitted written comments for the City Clerk to read into the record. Mr. Miller does not support awarding additional TEG funds to the Federal Way Cup Run Series. (Agenda item 6.g.) 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 maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: June 17, 2014 Special and Regular Meetings b. Vouchers c. Monthly Financial Report — May 2014 d. Home Investment Partnerships Program Interlocal Agreement e. Toys R Us Demolition Project— Change Order #1 to Demolish the Building Concrete Slab and Haul Away Motion: Deputy Mayor Burbidge moved approval of Consent Agenda items 5.a. through 5.e. Councilmember Celski second. Vote: Deputy Mayor Burbidge Yes Councilmember Assefa- Dawson Yes City Council Minutes —July 1, 2014 Regular Meeting Page 3 of 9 Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 7 -0. Yes 6. COUNCIL BUSINESS a. Ethics Board Appointment Motion: Councilmember Honda moved to re- appoint Fred Neal to the Ethics Board as a voting member with a term expiring June 30, 2017. Councilmember Duclos 4 second. Yes 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. b. Planning Commission Appointments At their July 1St Special Meeting the Council interviewed three applicants seeking appointment to the Planning Commission. Motion: Councilmember Celski moved to move to appoint Diana Noble- Gulliford to the Planning Commission as a voting member to fill the remainder of an unexpired term ending September 30, 2016, and to appoint Nikole Coleman -Porter and Anthony Murrietta as alternate members with terms expiring September 30, 2018. 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. c. Confirmation of Public Works Director Motion: Deputy Mayor Burbidge moved to confirm the appointment of Marwan Salloum as the City's Public Works Director. Councilmember Duclos second. Vote: Deputy Mayor Burbidge Yes Councilmember Assefa- Dawson Yes Councilmember Maloney Yes Councilmember Honda Yes City Council Minutes — July 1, 2014 Regular Meeting Page 4 of 9 Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 7 -0. d. Re- Lamping Protect — Aquatics Area of Federal Way Community Center Community Center Aquatics Coordinator Craig Feldman recapped the bid process approved by Council on June 3rd for re- lamping the aquatics area of the Federal Way Community Center with energy efficient LED lighting. Mr. Feldman reviewed the two bids received and noted the difference in bid amounts is due to a proposal to utilize the existing fixtures; therefore saving costs and eliminating the demolition of existing fixtures. Pacific NW Lighting Services was the lowest bidder and will obtain a grant from Puget Sound Energy to offset fifty - percent of this project. The city's cost of this project is approximately $22,583. Motion: Councilmember Duclos moved to award the Federal Way Community Center Aquatics Area Re- Lamping project to Pacific NW Lighting, the lowest responsive, responsible bidder, and authorize the Mayor to execute the contract. 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. e. Reschedule August 5th Council Meeting To allow for Council participation in this year's National Night Out event the Council will consider rescheduling their August 5th Regular Meeting to August 12tH Motion: Deputy Mayor Burbidge moved to suspend Council Rule 2.1(1) for the purpose of rescheduling the August 5, 2014 City Council Regular Meeting to August 12, 2014. 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. f. Cancelation of August 19th Council Meeting Historically the City Council has cancelled their second meeting in August to allow for vacations and time off. City Council Minutes — July 1, 2014 Regular Meeting Page 5 of 9 Motion: Deputy Mayor Burbidge moved to suspend Council Rule 2.1(1) for the purpose of cancelling the August 19, 2014 City Council Regular Meeting. 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. g. Tourism Enhancement Grant for 2014 Federal Way Cup Runs Community Development Director Patrick Doherty reported on a request to augment the Tourism Enhancement Grant awarded to 2014 Federal Way Cup Run Series in the amount of $3000 in order to enhance the organizers ability to carry out more ambitious marketing to attract more participants and visitors to the event. Councilmember Honda spoke in support of awarding additional funding for the runs and Councilmembers asked clarifying questions of Mr. Doherty. Federal Way Farmers Market representative Mike Dziak shared information on the advertising plan for the event which will reach communities within 25 -30 miles of Federal Way. Motion: Councilmember Honda moved approval of an additional TEG award in the amount of $3,000 to the Federal Way Cup run series. Councilmember Moore second. Vote: Deputy Mayor Burbidge No Councilmember Assefa- Dawson Yes Councilmember Maloney Yes Councilmember Honda Yes Councilmember Celski No Councilmember Moore Yes Councilmember Duclos Yes Motion carried 5 -2. h. Program Year 2014 CDBG Annual Action Plan Funding Agreement Community Services Manager Jeff Watson reported on the proposed agreement with Housing and Urban Development (HUD) regarding Community Development Block Grant (CDBG) funds for the 2014 program year. On June 19th the city received a letter from HUD with notification of approved grant funding in the amount of $649,000. HUD requested the agreement be executed within 2- weeks; therefore this agreement had to bypass the Committee step and is now before full Council for approval tonight. Motion: Councilmember Honda moved approval of the Program Year 2014 Community Development Block Grant Funding Agreement with HUD and authorize the Mayor to execute said agreement. Councilmember Burbidge second. Vote: City Council Minutes — July 1, 2014 Regular Meeting Page 6 of 9 to Deputy Mayor Burbidge Yes Councilmember Assefa- Dawson Yes Councilmember Maloney x Councilmember Honda Yes Councilmember Celski Yes Councilmember Moore Yes Councilmember Duclos Yes Motion carried 6 -0. Councilmember Maloney was out of the room during the vote. i. Resolution: Inter -fund Loan for Performing Arts and Conference Center Finance Director Ade Ariwoola stated the Inter -fund Loan resolution before Council is intended for a maximum of $13 million draw -down loan for a term of 3 years. The interest rate is at 1 % and may be paid back earlier as funds are available. Councilmember Honda inquired the anticipated date for the first draw down from the loan. Mr. Ariwoola responded if project construction began today, he estimated using these funds three months into the project. PACC Project Director Ken Miller stated preliminary construction on the project may begin in early 2015; however the actual project construction will begin in Spring 2015. Mr. Ariwoola referenced the budget adjustment that is forthcoming; which allocates other funds to be used prior to beginning to draw down this loan. He added this resolution strengthens the project's "readiness" for seeking the New Market Tax Credits. Motion: Councilmember Duclos moved approval of the resolution authorizing the inter -fund loan. 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 -667. ORDINANCES First Reading: a. CB# 651: Amendinq Federal Way Revised Code 12.45 Taxicabs An ordinance of the City of Federal Way, Washington, amending Federal Way Revised Code 12.45 "Taxicabs" Interim City Attorney Amy Jo Pearsall presented information relating to regulating taxicabs and other for -hire vehicles. She stated the proposed ordinance would repeal Chapter 12.45 of the Federal Way Revised Code (FWRC) in its entirety and would adopt by reference King County's Regulations as FWRC 12.45.020. City Clerk McNeilly read the ordinance title into the record. City Council Minutes — July 1, 2014 Regular Meeting Page 7 of 9 Motion: Councilmember Duclos moved move to forward approval of the ordinance to the July 15, 2014 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. Councilmember Honda b. CB# 652: 2014 Budget Adjustment An ordinance of the City of Federal Way, Washington, relating to Budgets and Finance to revise the 2013 -14 Biennial Budget Finance Director Ade Ariwoola reviewed the purpose /goals of the proposed budget adjustment which captures changes approved by the Council in the past few months. It also meets the requirements of the Debt Service Fund as addresses Bond proceeds. The resolution also identifies appropriation of PACC construction funding; reallocation of Utility and REET funds and creation of separate health insurance, liability insurance and unemployment insurance funds. City Clerk McNeilly read the ordinance title into the record. Motion: Councilmember Duclos moved to forward approval of the ordinance to the July 15, 2014 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. 8. COUNCIL REPORTS Councilmember Duclos reported on rail cars that transport oil through the State and shared concerns associated with this activity and the need for response plans. She hopes the State will address a per - barrel transportation fees on this type of transportation. She suggested including this topic in the Council's Legislative Agenda. She and Councilmember Assefa- Dawson attended the Synchronized Swimming event at the King County Aquatic Center and presented awards to the participants. Councilmember Moore thanked Inclusion staff for their great work with that program. He attended and reported on the AWC Conference; the Flag Day Ceremony; the Habitat for Humanity events and the Annual Hylebos Picnic. He shared that he is part of the Community Caregivers Network and thanked three new high school graduates who began working with the program as well. Councilmember Moore wished everyone a wonderful 4th of JUly. City Council Minutes — July 1, 2014 Regular Meeting Page 8 of 9 Councilmember Celski congratulated Mr. Salloum on his appointment as the Public Works Director. He recapped some of the events occurring in the next week — including the opening of Town Square Park and reported the next Land Use, Transportation Council Committee meeting is Monday, July 7th Councilmember Honda reported she attended the AWC Conference as well as a meeting of the King County Flood Control District. She highlighted June events associated with the Korean Cultural Month. City Vision has a summer feeding program for kids ages 18 and under- flyers for this program can be obtained at City Hall. She thanked individuals who have helped with the July 4th Kids Parade and noted the next Parks, Recreation, Human Services and Public Safety Council Committee meeting is July 8th Councilmember Maloney did not provide a report. Councilmember Assefa- Dawson thanked the community groups that helped those affected by the Crestview Apartment fire. She reported on the AWC Conference she attended as well as the Synchronized Swimming competitions being held at the King County Aquatics Center through Saturday. Deputy Mayor Burbidge stated the next Lodging Tax Advisory Committee meeting is July 10th. She encouraged people to attend the Synchronized Swimming Events being held at the King County Aquatic Center. She echoed Councilmember Duclos' concerns with oil transport throughout the State. She recapped the events and her involvement with the Korean Festival that took place at the Commons Mall. Motion: Deputy Mayor Burbidge moved to suspend the Council Rules of Procedure to continue the meeting past 10:00 p.m. 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. 9. EXECUTIVE SESSION The Mayor, Council and Interim City Attorney adjourned to Executive Session at 9:50 p.m. to discuss Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Evaluate Qualifications of Employees pursuant to RCW 42.30.110(1)(g) for approximately 45 minutes. They adjourned from Executive Session at 10:27 p.m. 10. ADJOURNMENT With no additional agenda items, Mayor Ferrell adjourned the meeting at 10:27 p.m. Carol McNeilly, CMC, City lerk Approved by Council: July 5, 20 4 City Council Minutes — July 1, 2014 Regular Mee Page 9 of 9