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Council MIN 06-02-2015 Regular AnBlVereary tylt o' CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall June 2, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at the hour of 7:09 pm 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: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE H. David Kalan led the flag salute. 3. PRESENTATIONS a. Chief of Police Life Savin g Awards Saving Police Chief Hwang was pleased to award the Chief of Police Life Sa ng Aw a rd to Officer William Lemmon; Officer Travis Loyd; and Valley Corn 911 Operator Adrienne Byers for their quick actions that resulted in saving a human life. Ms. Byers took a call from a woman on a cellular phone who was in need of medical assistance and unable to verbally give her location. Ms. Byers researched and found a previous call with a corresponding address and dispatched officers to the location. The officers were able to get to the caller and subsequently save her life. Chief Hwang thanked and commended all three on their efforts. b. Recognition of Crestwood Animal Hospital K-9 Vest Donation Police Chief Hwang read and presented a certificate of recognition to Dr. Randall Norstrem and Mr. Jim and Ruth Jensen (not present)for the ongoing donation efforts for the Police K-9 division and for the ballistics vest for K-9 Officer Kaiser. Chief Hwang also spoke to the ongoing partnership with Crestwood Animal Hospital for healthcare needs of the K-9 Officers. c. Municipal Court Student Art Winners Arts Commission Chair Matt Johnson thanked the Municipal Court and Judge Dave Larson and Judge Rebecca Robertson for partnering with the Arts Commission for this program that brings Federal Way City Council Regular Minutes Page 1 of 8 June 2, 2015 student artwork to the Court for the last 6 years. The Judges welcomed each student winner and presented them with certificates. d. Mayor's Emerging Issues and Report • 25th Anniversary Celebration June 18th—21St Community Outreach Coordinator Steve McNey was pleased to update Council on the upcoming 25th Anniversary celebration which run the weekend of June 18th — 21St He noted the main event with presentations including local and regional elected officials will begin Saturday,June 20th at 2:00 pm at Town Square Park. He reported on details of the family carnival, pony rides, vendor and food booths and live entertainment. He thanked the many sponsors of the event and encouraged everyone to attend and celebrate Federal Way. • Red, White and Blues Festival—July 4th Parks Director John Hutton reported on the upcoming 23rd Annual Fourth of July— Red, White and Blues Festival at Celebration Park. He is confident this is the best show to date with headliners Spike and the Impalers and many more wonderful musical groups and family fun activities. He was also excited to report this year there will be free parking and the event might reach capacity; he encouraged everyone to come early and enjoy the entire event with their families.The event begins at 4:00 pm. • Centerstage Contract Negotiations Update Chief of Staff Brian Wilson reported the current agreement with Centerstage for management of the Knutzen Family Theatre is expiring. He noted the City and Centerstage have renewed contract negotiations and there is a recommendation which will go before the Parks, Recreation, Human Services, Public Safety Council Committee Meeting on June 10th and forwarded to Council on June 16th for a 90 day extension. The PRHSPS Committee meeting will be held at 5:00 pm in the Patrick Maher room located on the first floor of City Hall. • Relay for Life Recap City Attorney Amy Jo Pearsall gave a brief recap of the Federal Way Relay for Life Event. She noted 41 teams participated and a total of$59,000 (to date) was raised. This year the city had two teams who worked together to raise money and awareness for cancer research. She noted the event was well attended and a positive event for all. 4. CITIZEN COMMENT Jeff Cox spoke in opposition to policies regarding Red Light Photo Enforcement Tickets and specific forms the Municipal Court requires which he believes deprives citizens of due process rights. He asked the Council to look into this matter. Mayor Ferrell asked the City Attorney's office to follow up with Mr. Cox and report back. Mary Blacker spoke in support of Centerstage and the amount of local supporters. She feels it is the jewel of the city and would like to see the contract renewed. H. David Kaplan spoke to the progress of the Performing Arts and Events Center. He noted this idea Federal Way City Council.Regular Minutes Page 2 of 8 June 2, 2015 • was discussed 30 years ago and is excited to see it finally coming fruition. He stated "get it built!" Kathy McCabe Bonsai Garden spoke to thank the Federal Way Police for recovering the stolen Bonsai which is now in rehab. She invited everyone to a community event on June 21st with a free showing of the Karate Kid movie. Betty Taylor spoke regarding the presence of Homeless people on vacant property near the Commons Mall and would like to see better enforcement of keeping vacant properties cleared. City Clerk Stephanie Courtney read into the record three separate letters from Rick Kanq, Joann Piquette, and Dana Turcott; all noting their support for the Performing Arts and Events Center. 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 19, 2015 Special and Regular Meetings b. Monthly Financial Report—April 2015 c. Vouchers—April 2015 d. Spring 2015 Tourism Enhancement Grant e. Resolution: Adopt Amended Cafeteria Plan APPROVED RESOLUTION#15-687 DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT AGENDA ITEMS A THROUGH E AS PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. PUBLIC HEARINGS a. One-Year Moratorium on Retail Marijuana-Related Businesses (per Ordinance#15- 788) • Staff Presentation —Stacey Welsh, Senior Planner Senior Planner Stacey Welsh gave a brief PowerPoint presentation to Council on the history of this item. She noted this Public Hearing is a requirement of Ordinance#15-788 which passed in May. No Council action is being requested. • Citizen Comment Debbie Sabin spoke to the negative effects of marijuana and would like the issue studied further. She urged Council to not allow retail marijuana related businesses in the city. Jack Walsh long-time resident and small business owner spoke in opposition to allowing retail marijuana related businesses in Federal Way. He feels it will not only impact the community as a Federal Way City Council Regular Minutes Page 3 of 8 June 2, 2015 whole, but the other small businesses in the area and the clientele these stores will bring. City Clerk Stephanie Courtney read into the record letters from Dr. Jani Estrada and Mrs. Patricia Conant who expressed opposition to allowing retail marijuana related businesses in Federal Way. COUNCILMEMBER CELSKI MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes b. 2015-2019 Community Development Block Grant (CDBG) Consolidated Plan & 2015 Annual Action Plan • Staff Presentation —Jeff Watson, Community Services Manager Community Services Manager Jeff Watson gave a brief presentation to Council regarding the Community Development Block Grant Consolidated Plan 2015-2019 and Annual Action Plan. He noted HUD Regulations specify a Consortium have a single, common Consolidated plan. The plan covers 2015-2019 with estimated city funds available annually of$617,465; total estimated over the period of$3,085,000. The Community Development Block Grant Program's primary objective is to develop viable urban and rural communities, by expanding economic opportunities and improving the quality of life, principally for persons of low and moderate income.The Consolidated Plan established local priorities consistent with national goals and objectives of HUD and the CDBG Program. Included in the goals and priorities are to expand Economic Opportunities; provide decent affordable housing; and establish suitable living environments. Mr. Watson noted the comment period was open from May 1, 2015 through June 1, 2015 and he distributed a list to Councilmembers of comments received during that time period. Councilmembers thanked Mr. Watson for the thorough presentation and asked various questions regarding both the plan specifics; a day-shelter facility; and roll-over funds from King County. • Citizen Comment Anthony Murietta spoke to suggest Council require apprenticeship opportunities from local trade schools which will enable our community's young people to get a living wage jobs for building the Performing Arts and Events Center and other projects which are economic development drivers. • Council Discussion/Questions COUNCILMEMBER HONDA MOVED TO APPROVE THE 2015-2019 CDBG CONSOLIDATED PLAN AND THE 2015 ANNUAL ACTION PLAN AND AUTHORIZE THE MAYOR TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE PLANS AND CORRESPONDING FUNDING AGREEMENT WITH HUD; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 4 of 8 June 2, 2015 Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes COUNCILMEMBER HONDA MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 7. COUNCIL BUSINESS a. Arts Commission Appointment COUNCILMEMBER HONDA MOVED TO APPOINT DANIEL HERSHMAN AS AN ALTERNATE MEMBER OF THE ARTS COMMISSION WITH A TERM EXPIRING DECEMBER 31, 2017; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes b. Diversity Commission Appointment(s) COUNCILMEMBER HONDA MOVED THE FOLLOWING APPOINTMENTS TO THE DIVERSITY COMMISSION: MAHJABIN QURESHI AND VICKIE CHYNOWITH AS VOTING MEMBERS WITH TERMS EXPIRING MAY 31, 2018; AND HIROSHI ETO AS A VOTING MEMBER WITH A TERM EXPIRING MAY 31,2016;COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes c. Resolution: Inter-fund Loan for CDBG Fund APPROVED RESOLUTION#15-688 Community Development Director Michael Morales briefly reported on this item which passed through the Finance, Economic Development Council Committee. He noted there is a lag time between when the budget year begins and when HUD dispersements are sent out.This resolution is simply enacting a procedure to follow for obligations and awards to outside agencies in those instances where funds are temporarily used to cover the CDBG Funds. COUNCILMEMBER DUCLOS MOVED TO APPROVE THE PROPOSED RESOLUTION TO Federal Way City Council Regular Minutes Page 5 of 8 June 2, 2015 AUTHORIZE AN INTER-FUND LOAN NOT TO EXCEED $200,000 FOR THE CDBG FUND; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes d. 85% Design Update and Authorization to Bid - Performing Arts and Events Center Project Manager Will Appleton noted a more detailed presentation was given previously this evening at the City Council Special Meeting. He reported the project is currently on-time and on budget and is requesting approval for 85% design approval and authorization to bid. Councilmembers thanked Mr.Appleton and his presentation earlier and for his team for all their work on this project. DEPUTY MAYOR BURBIDGE MOVED TO AUTHORIZE STAFF TO COMPLETE THE DESIGN OF THE PERFORMING ARTS AND EVENTS CENTER, BID THE PROJECT, AND RETURN TO COUNCIL TO AWARD THE PROJECT TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes e. Resolution: Setting Ballot Title and Explanatory Statement for Advisory Vote APPROVED RESOLUTION#15-689 City Attorney Amy Jo Pearsall noted on May 5, 2015 the Council authorized an Advisory Vote of the citizens as to whether the Council should allow Marijuana-related businesses to locate within the city and place it on the November 3, 2015 general election ballot. Ms. Pearsall noted the effect of this Resolution is the City Clerk will submit the ballot title and statement to King County Elections. Submission of the ballot title triggers prohibition within 42.17A.555 that states no public facilities may be used for the promotion or the opposition to any ballot proposition,thereby no public comment regarding the marijuana issues will be permitted until after the general election with the exception of very specific exclusions which are properly advertised and presentations balanced for both view-points. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE PROPOSED RESOLUTION; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes f. Resolution: Authorizing Advertisement of Pro/Con Committee APPROVED RESOLUTION#15-690 City Attorney Amy Jo Pearsall briefed the Council on the proposed Resolution which directs the City Clerk to solicit individuals willing to volunteer to write statements in favor or opposition to the proposition. Council will then appointment up to 3 individuals to lead each committee at the July 7, 2015 City Council Meeting. She noted the statements of the committees are due to King County by Federal Way City Council Regular Minutes Page 6 of 8 June 2, 2015 August 13th for inclusion into the King County Voters Guide. Councilmembers asked if the volunteers need to live within the city limits. Ms. Pearsall confirmed staff has contacted King County and they do not have that requirement — the Council may select any individual from the list who applies. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE PROPOSED RESOLUTION; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes g. Proposed Settlement Agreement regarding New Cingular Wireless City Attorney Amy Jo Pearsall briefed the Council on the proposed agreement noting the amount of the settlement is far less the original claim. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE PROPOSED SETTLEMENT AGREEMENT REGARDING NEW CINGULAR WIRELESS AND TO AUTHORIZE THE MAYOR TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 8. COUNCIL REPORTS Councilmember Duclos attended the Relay for Life and is proud to be a year and half survivor. It was a great night for a lot of people raised money and awareness. Councilmember Moore reported on attending the Open House last week for the Red Lion Inn and Suites. He also attended the Relay for Life and was asked to speak recognizing love ones that have passed; he walked in honor of his friend and former mentor Roger Freeman. He also attended the Caregivers Network which he participates in the Monday Night Suppers—he noted they also provide laundry service for those who are in need. He also attended the Multi-Service Centers Veterans Housing Groundbreaking project — he is very proud of the city and how important the city views human services. Councilmember Celski noted he also attended the ground breaking of the Multi-Service Center's Veterans housing project, and is very proud of the city and that we are joining this effort; leaders attended from federal, state, county and local level. He recognized Councilmember Duclos for her efforts as then CEO of the Multi-Service Center and her vision to make this is a reality in our city. He noted he will attend the June 13th Flag Day Ceremony at the King County Aquatics Center at 10:00 am.The Land Use/Transportation Committee will hold a Special Meeting June 8th at 5:30 pm—where they will be discussing the comp plan revision. Next regular meeting of the Land Use/Transportation Committee will be July 6th Councilmember Honda was happy to greet a delegation of young adults visiting from Japan for a few weeks; she also attended the Korean Speech and talent contest at KOAM radio and was very Federal Way City Council Regular Minutes Page 7 of 8 June 2, 2015 impressed with students ranging from very young to College Students. She thanked the Judges Larson and Robertson and the Arts Commission for their 6th Annual Art Contest- it has brought wonderful art to the Municipal Court. She noted June 13th at 10:00 am is the 26th Annual Flag Day Celebration hosted by the Soroptimist Club of Federal Way they will also be honoring Federal Way Police Officer Jeff Mundell and Lt. Brigham Schultz; she thanked the Todd Beamer band for agreeing to come and play for the event. She reported on the 3`d Annual Recycling Event at the Community Center and noted the next meeting of the PRHSPS committee will be at 5:00 pm in the Patrick Maher room downstairs.. Councilmember Maloney also attended the Relay for Life event and was impressed with the people who are there—not only the volunteers and walkers but the survivor's and caregivers. She noted she will be reading to third graders at a local elementary and will also be attending the Chamber luncheon with the topic tourism and economic development. Councilmember Assefa-Dawson noted she attended the Memorial Day event at Todd Beamer—it was a wonderful event and thanked those involved. She also attended the ground breaking of the Veterans housing- she noted this is a huge step and very exciting for our community. She congratulated all the graduating seniors. She invited everyone to the St. Luke's Church will be holding a faith based Community Graduation/Baccalaureate on June 6th Deputy Mayor Burbidge noted the scheduling of the next meeting of the Lodging Tax Advisory Committee is in process and tentative date is Wednesday, June 17th. She also attended the Relay for Life and was inspired by the spirit. She also attended the Family Green Fest and was impressed with the numbers of folk participating. She greeted along with Councilmember Honda junior high students who are visiting from our Sister City Hachinohe. She joked about an early morning meeting up in Kirkland and enjoyed the local morning traffic, however was pleased to be able to make it back to the ground breaking at the Veterans Housing Project. 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:31 pm Attest: S • a D. Courtney, CMC Ci lerk Approved by Council: a_j m"-ao►6 Federal Way City Council Regular Minutes Page 8 of 8 June 2, 2015