Council MIN 10-06-2015 RegularCITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
October 6, 2015 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the Regular Meeting to order at the hour of 7:06 pm.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Susan
Honda, Councilmember Bob Celski, CouncilmemberAssefa - Dawson, Councilmember Martin Moore
and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, Assistant City Attorney Ryan CaII, and City Clerk
Stephanie Courtney.
Mayor Ferrell excused Councilmember Kelly Maloney's absence.
2. PLEDGE OF ALLEGIANCE
Matthew Jarvis led the flag salute.
3. PRESENTATION
a. Sound Transit Link Light Rail Update by Sound Transit Board Members- King County
Councilmember Pete von Reichbauer & King County Councilmember Dave Upthegrove
Mayor Ferrell introduced King County Councilmembers and Sound Transit Board Members Pete von
Reichbauer and Dave Upthegrove who spoke to update Council and citizens on Sound Transit related
issues, including the recent vote by the Sound Transit Board to recommend a preferred alignment
along 1 -5.
b. Proclamation: Domestic Violence Awareness Month — FW Domestic Violence Task
Force
Councilmember Honda read and presented the Domestic Violence Awareness Month Proclamation to
Doug Baxter and the Federal Way Domestic Violence Task Force. Mr. Baxter thanked the Mayor and
Council for the ongoing support and noted City Hall will again feature silhouettes in the lobbies as
awareness tools.
c. Certificate of Appointments — Lodging Tax Advisory Committee
Deputy Mayor Burbidge was pleased to read the Certificate of Appointments to Mike Dunwiddie,
Richard Song, and Ryan Miller as voting members of the Lodging Tax Advisory Committee.
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Unfortunately they were unable to attend tonight's meetings; their certificates will be mailed.
d. Mayor's Emerging Issues and Report
• Mayor's Day of Concern for the Hungry
Community Development Director Michael Morales reported on the recent successful Mayor's Day of
Concern for the Hungry. He reported six separate grocery stores throughout the city participated and
collected a total of 4,110 Ibs of food (compared to 1,465 Ibs in 2014). Waste Management curbside
pick -up added an additional 4,412 Ibs for a grand total of 8,522 Ibs for the local food bank. He was
also pleased to report an increase in the cash donations. The event raised $670.71 (compared to
$260.58 in 2014). He thanked all the staff and volunteers, including Jeri -Lynn Clark and Lani Englund
who pulled the event details together.
Mayor Ferrell also recognized Laura Moser of Waste Management who also spoke to their
partnership and collection efforts and curbside pickup. The Mayor and Council thanked all involved in
a wonderful event.
• Neighborhood Connection Meeting — October 15 — Sacajawea Middle School
Mayor Ferrell noted the next (and last of 2015) Neighborhood Connection Meeting will be held
October 15th at 6pm at Sacajawea Middle School. He noted these are great opportunities for
citizens to ask questions and get updates on projects within the city.
• Federal Way Farmer's Market Chili Cook -Off
Mayor Ferrell reported on the recent Farmer's Market Chili Cook Off which rasied funds for many
of our communities Non - Profit Organizations.
• City's New Website
Community Outreach Coordinator Steve McNey updated Council on the new city website with
improved optics and usability. He noted the effort to create a more user - friendly website for both the
citizen or new business, and the staff members who updates the system. The new website will go live
later this year.
4. CITIZEN COMMENT
Gary Robertson, spoke in regards Sound Transit Light Rail and also to traffic concerns and
backups in the triangle intersection.
Norma Blanchard, would like to see the Council more engaged in a discussion on term limits.
Orville Mellott, shared a short story and asked that Bonneyville Power Administration put in
tunnels.
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: September 15, 2015 — Regular and Special Meeting Minutes
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b. Monthly Financial Report — August 2015
c. Vouchers — August 2015
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF ITEMS A THROUGH C ON THE CONSENT
AGENDA; SECOND BY COUNCILMEMBER DUCLOS. The motion passed 6 -0 as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Maloney excused Councilmember Duclos yes
Councilmember Honda yes
6. COUNCIL BUSINESS
a. Federal Way Performing Arts and Event Center (PAEC) Authorization to Award
• Staff Report: Ade Ariwoola, Finance Director — Financial Update
Finance Director Ade Ariwoola gave a brief overview of the project funding. He noted the Council
authorized the planning and construction of the PAEC for up to $32.75 million on June 3, 2014. He
further highlighted the previous information given to Council regarding the Interfund Loan and
potential for bonding. Total committed project funding includes $16.5 million; pending project funding
is $10 million which includes: 4Culture Grant $2M; CDBG Section 108 Loan $3M; Sale of Hotel Pad
$1.5M; Naming Rights $3.5M. Other funding sources may include: Grants; Additional Fundraising;
New Markets Tax Credits; or Bonding.
Council asked clarifying questions regarding financing and timelines. He concluded the city has
approximately 4 years from groundbreaking to obtain any other identified funding sources. Based
on cash on hand, funds committed and those in process the City's potential bond amount is less
than originally estimated.
• Staff Report: Will Appleton, Project Manager — Bid Award
Project Manager Will Appleton gave a brief presentation on the Performing Arts and Events Center
Project Award. He noted there were a total of (8) eight bids received with the lowest responsive,
responsible bidder being Garco Construction from Spokane. He noted the Bid format included the
Base Bid; Alternative #1 — Orchestra Pit Lift; Alternative #2 — Metal Cladding System; Alternative #3 —
Off Site Work; Alternative #4 — Shorten Project Duration; and Alternative #5 — Hearing Induction
Loops. The low bidder was established based on the sum of the base bid and alternatives 1,3, and 5.
Mr. Appleton reviewed the project's overall expenditures including Project Design /Development;
Construction; Construction Management- Inspections; Contingency /FF &E (7.4 %); and 2% for the Arts
for a total of $32,749,999.00. He discussed the use of contingency funds for FF &E (Furniture,
Fixtures and Equipment).
He further highlighted additional features which have been added to the project including utility stub
outs for future expandability; full kitchen; 2% for the Arts; Additional Parking; Enhanced Audio Visual;
Hearing Loop System; Orchestra Pit Lift; and 16 Additional Seats. He also noted 10% apprenticeship
requirement by the contractor and the facility will be able to accommodate solar panels in the future.
Mr. Appleton reported staff has done due diligence with the low bidder and have confirmed this is a
multi- faceted construction firm with annual volume of $200 million. Additionally, reports show their
past projects support ability to perform successfully with an above average client satisfaction.
Although based out of Spokane, they have a satellite office in Tacoma, have shown a solid
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performance in managing subcontractors and has previously worked with LMN Architects.
He noted if Council approves the bid award, Notice of Award will happen on October 7th and Notice to
Proceed on October 20th. Groundbreaking is set currently for October 21St and project completion in
the Summer of 2017.
Councilmembers thanked Mr. Appleton for his presentation and asked various clarifying questions
regarding elements of the project, timeline and project budget.
• Citizen Comment
Joann Piquette, speaking on behalf of the Federal Way Coalition of the Performing Arts, stated this
facility has been discussed for 26 years. She is excited for this project to move forward.
Gary Robertson, noted he was initially opposed to the project however sees the value in have a facility
with multiple uses. He also shares concerns with Mr. Hiller and Mr. Jarvis on financing.
Shari Song, thanked the Mayor and Council for having vision and foresight and moving a project
forward which will have such a deep impact on our community. She is excited this project will be
investing in Federal Way's future.
Paul Levy spoke in support of the facility, noting his Opera Group would love to book the venue,
instead of spending money on facilities in Seattle.
Paul Wamba is very happy this project is moving forward, he feels delays will only increase costs.
Dana Turcott, stated this facility will be used for entertainment, arts, lectures, and dance
performances. She would like to see Federal Way become more than just safe roads with enhancing
our community through our schools, library, and parks.
Matthew Jarvis, spoke against the financing of the project. He feels the proposal is filled with broken
promises including lack of New Markets Tax Credits, and other funding sources. He would like to see
the city have the money on hand to build the facility before moving forward.
Susan Pisek, supports moving forward with this facility and feels it will give the downtown much
needed anchor in the core. She believes the facility, once completed will host large meetings,
receptions, trade and cultural events.
Donna Berger, Vice President of the Federal Way Symphony Board urged Council move the project
forward and not delay any further.
Pam Smith, Director of the Auburn Performing Arts Center, spoke in support of the project. She has
multiple events each year she has to turn away due to size and restraints of her facility. She would like
to be able to refer clients to the Federal Way Performing Arts and Events Center as an alternative.
Torger Helgeland, asked Council to clarify where the 2% for the Arts is coming from and why is it
included in the budget figures.
Keith Livingston, spoke in support of the Council awarding the bid and moving the project forward as
visionary leaders. He reminded everyone the actual vote to build the Performing Arts and Events
Center was taken previously.
Michele Mayberry (comments read into the record by City Clerk) spoke in support of the project. She
noted as a promoter for the Northern Classic Bodybuilding show, she is looking for venues of this size
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in the area to book. She encouraged Council to move forward.
H. David Kaplan stated this project has been talked about and debated for over 25 years, he is
excited to have this project move forward with the bid award.
• Council Discussion /Action
City Clerk Courtney read a letter prepared by Councilmember Maloney who was unable to attend
tonight's meeting. She believes it is in the best interest of the city to explore making the PAEC a
public- private partnership development project. She asked Council to add a caveat to any proposed
motion to include such direction.
Councilmember Celski thanked all the individuals who spoke and the presentations and hard work
from the staff. He stated he feels this project will be critical to our city as are the Community Center
and Celebration Park.
CouncilmemberAssefa - Dawson thanked the individuals for speaking and for their passion. She was
recently at the site and envisioned how it will truly transform the area.
Councilmember Duclos noted a Performing Arts Center has been discussed for years. She has
spoken with Downtown Business owners and the downtown community is supportive. She is pleased
with the results of the bid and the amount of bids received and will continue to monitor the budget and
the process as the project moves forward.
Councilmember Honda reflected on her previous service on the Arts Commission and discussing a
Performing Arts Center at that time. She feels a project of this size and impact is very complicated and
she agrees there is a need; however she is concerned with how to finance, operate and maintain the
facility.
Councilmember Moore spoke to moving the project forward for the future of Federal Way and his
vision for what Federal Way will become. He is pleased to see various environmental elements which
may be added in the future.
DEPUTY MAYOR BURBIDGE MOVED TO AWARD THE PERFORMING ARTS AND EVENT
CENTER CONSTRUCTION PROJECT TO GARCO CONSTRUCTION, INC., THE LOWEST
RESPONSIVE, RESPONSIBLE BIDDER, IN THE AMOUNT OF $24,158,160, INCLUDING STATE
SALES TAX, APPROVE A 7.4% CONTINGENCY OF $1,780,370 AND AUTHORIZE THE MAYOR TO
EXECUTE ALL NECESSARY DOCUMENTS; SECOND BY COUNCILMEMBER DUCLOS.
Deputy Mayor Burbidge thanked the citizens who attended tonight's meeting and gave testimony and
to the staff for all their hard work on this project and their presentations. She feels this center provides
a building for the people who can participate in the arts and enjoy the many uses and feels it may
become the heart of downtown and catalyst for downtown.
Councilmember Moore spoke to moving the project forward for the future of Federal Way and his
vision for what Federal Way will become. He reflected on the history of this project and looks for
continued transparency in the future of the project. He recognized former Mayor Mary Gates who was
in attendance.
The motion passed 5 -1 as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
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Councilmember Maloney
Councilmember Honda
excused Councilmember Duclos yes
no
At 9:47 pm the Mayor called a brief recess. Mayor Ferrell resumed the meeting at 9:55 pm.
DEPUTY MAYOR BURBIDGE MOVED TO EXTEND THE MEETING PAST 10:00 pm; SECOND
BY COUNCILMEMBER CELSKI. The motion passed 6 -0 as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney excused Councilmember Duclos yes
Councilmember Honda yes
7. ORDINANCES
First Reading
a. Council Bill #690 /Ordinance - T- Mobile Franchise Agreement
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING T-
MOBILE WEST CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -
OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED
FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION,
MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND
RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENT IN A PORTION
OF THE RIGHT -OF -WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY.
Street Systems Manager John Mulkey gave a brief background on this item.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER DUCLOS MOVED THE PROPOSED ORDINANCE TO THE OCTOBER 20TH
COUNCIL MEETING FOR ENACTMENT; SECOND BY COUNCILMEMBER CELSKI. The motion
passed 6 -0 as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney excused Councilmember Duclos yes
Councilmember Honda yes
Second Reading /Enactment
b. Council Bill #689 /Amendment to FWRC 6.35.030 Relating to Pedestrian
Interference
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
INTERFERENCE WITH PEDESTRIAN AND VEHICULAR TRAFFIC; AMENDING FWRC
6.35.030 (AMENDING ORDINANCE NOS. 15 -784, 11 -697, 08 -576, 05 -509, 94 -214, AND 91-
89)
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER HONDA MOVED APPROVAL OF THE PROPOSED ORDINANCE;
SECOND BY COUNCILMEMBER DUCLOS. The motion passed 6 -0 as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney excused Councilmember Duclos yes
Councilmember Honda yes
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8. COUNCIL REPORTS
Councilmember Duclos reported on attending the Advancing Leaderships Event "Evening with the
Stars" She had a wonderful night, and even waited a few tables. She will also be attending the Multi -
Service Center "Helps" Luncheon in October.
Councilmember Moore thanked citizens for their input tonight and specifically thanked Mr. Jarvis who
had the courage to speak his mind on this issue which he feels passionate about.
Councilmember Celski was very pleased with the Mayor's Day of Concern Event which he and his
wife participated; he is proud of this community and how everyone steps up to help out and give
willingly and generously. He attended the Reach Out Breakfast which was a great event for the Reach
Out Homeless Shelter.
Councilmember Honda thanked the Federal Way Domestic Violence Task Force for attending
tonight's meeting and for all the work they do on behalf of Domestic Violence victims. She highlighted
an event in Auburn where Denise Brown, sister of Nicole Brown (Simpson) will be speaking. She
encouraged everyone to attend the Oktoberfest Event on October 9th at the Community Center which
benefits the Inclusion Program.
Councilmember Assefa- Dawson reported on recent training she has attended. She reminded
everyone students will be participating in "We Scare Hunger" event on October 31St. Youth will be
collecting food donations door to door.
Deputy Mayor Burbidge reflected on the active participation of the Councilmembers both locally and
regionally. The next meeting of the Lodging Tax Advisory Committee will be held on October 14th at
8:00 am. She thanked everyone who participated in the Reach Out breakfast. She thanked everyone
who came and participated in tonight's meetings, she is excited for the groundbreaking event on the
21St
Councilmember Assefa - Dawson and Councilmember Moore also spoke to thank the community
members and churches who participated in the recent "We Love Our City" volunteer project. Over 600
people attended and participated in various projects throughout the city.
9. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 10:12 pm.
Attest:
41:: nie D. Courtney, CMC
Clerk
Approved by Council: 10/20/2015
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