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Council MIN 01-03-2017 Regular401kik CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall January 3, 2017 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:06 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Acting City Attorney Mark Orthmann and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell asked Bob Darrigan to lead the flag salute. Bob Darrigan, read a brief memorial to Dick Mayer, a friend and advocate of this community who passed away in late December. He was remembered as a longtime member and supporter of many services groups in the community, who has left a legacy of giving with a happy heart and living a life of integrity. Mr. Mayer will be missed by many. 3. PRESENTATION a. Swearing In Ceremony for New Police Officers Police Chief Andy Hwang welcomed and introduced the following new officers: Officer Tyler Turpin and Officer Zachary Rockseth, both lateral hires from the University of Washington; and entry -level Police Officer James McCrary. Mayor Ferrell administered the Oath of Office to the officers and congratulated them. b. Proclamation: National Mentoring Month — January 2017 Deputy Mayor Burbidge read and presented the National Mentoring Month Proclamation to Communities in Schools Executive Director Tracy Oster and Program Manager Jennifer Youngblood. Ms. Oster thanked the Council for recognizing this Mentoring Proclamation and highlighted the need of mentors in schools. c. Mayor's Emerging Issues and Report Mayor Ferrell commented on the Seattle Seahawks 12th Man Flag hanging outside City Hall. He anticipates another playoff rally in the future. Federal Way City Council Regular Minutes Page 1 of 8 January 3, 2017 • New Markets Tax Credit Update Tim Johnson Economic Development Director gave an update on New Markets Tax Credits as they relate to the Performing Arts and Event Center. He noted the U.S. Treasury's Community Development Financial Fund combined Calendar Year 2015 and 2016 rounds of the New Markets Tax Credit Program for its award in 2016. The combined rounds provided $7 million in Tax Credits. The Treasury announced the selection of 120 awardees ($7 billion allocated) out of 238 that applied ($17.6 billion requested). Mr. Johnson noted the city is working with California -based Clearinghouse Community Development Financial Institution which received a $65 million award in New Market Tax Credits. Clearinghouse CDFI has allocated $7 million dollars toward the Performing Arts and Event Center project. The city will continue to work with the Clearinghouse as the city's prime tax credit provider while also attempting to receive additional allocations from other CDE /CDFI's for a total of $15 to $20 million for the project. Councilmembers thanked Mr. Johnson for his hard work on this project and asked various clarifying questions on the process and the tax credits. • Update on Council Position No. 2 Vacancy Mayor Ferrell noted the Council will be holding interviews for the nine (9) applicants who applied to fill the Council Position #2 vacancy. These interviews will be held in Council Chambers on Thursday, January 5th beginning at 5:00 p.m. He listed the applicants and encouraged everyone to attend and watch the interviews. • IRG Update Acting City Attorney Mark Orthmann briefed update on the status of the IRG property. He stated the city responded to a request for code interpretation, which decision has now been appealed to the Hearing Examiner. In response to Councilmember Honda's question, Mr. Orthmann stated the Hearing Examiner's decision is appealable to the Superior Court. Councilmembers thanked Mr. Orthmann for his update. • University Initiative Report Mayor Ferrell reported on progress made with the University Initiative. City Officials have been working closely with Highline College, Federal Way Public Schools and University of Washington — Tacoma on a Memorandum of Understanding to bring a campus to Downtown Federal Way. Mayor Ferrell is very positive on this initiative moving forward. • Update on Multi - Family Moratorium Brian Davis, Community Development Director reported at the last meeting the Council passed a 6- month extension on the Multi - Family Housing Moratorium. He reviewed a lengthy timeline for the process which estimates a First Reading in early May with Second Reading and Enactment in late May. The moratorium expires June 6. In response to Council questions, Mr. Davis stated background and research work has been done in the last six months, however none of these timelines have started. Federal Way City Council Regular Minutes Page 2 of 8 January 3, 2017 4. CITIZEN COMMENT Bob Darrigan had Lions Club applications for interested individuals. Richard Pierson shared that the Save Weyerhaeuser Campus Committee is in support of the city acquisition of approximately 40 acres of property for recreation and open space. He indicated that this conversation began two years ago with both the Mayor and the Trust for Public Lands. Jeffrey Oliphant, owner of Federal Way Marketplace, has had problems with loitering, pan - handling, drug use, and homeless individuals in front of the businesses and property. He reported that there are daily incidents and asked for a balanced approach to resolve these concerns and ensure the property is safe. H. David Kaplan spoke in opposition of the Public Art proposed for the Performing Arts and Event Center (PAEC). Gregory Baruso, on behalf of the Diversity Commission, extended an invitation for everyone to attend the Martin Luther King Junior event at Todd Beamer High School on January 16. He indicated that a new award will be presented that evening; the Roger Freeman Memorial Award. TaShawna Nash, a board member of the Save Weyerhaeuser Campus Committee, shared her support of the idea for the city to acquire a portion of the former Weyerhaeuser property to create a conservation preserve. Lori Sechrist remarked that while she is pleased the original proposal has withdrawn, there are ongoing on environmental and traffic impact concerns in regards to future development. Michael Brown explained that it is the citizens who live here, pay the taxes, and decide what the city should become while Industrial Realty Group (IRG) is an out -of -state for - profit company that wants to money on this property. Mayor Ferrell indicated that Yarden Weidenfeld, Senior Policy Advisor, has been directed to serve as a liaison in an attempt to facilitate locating funds and helping the Save Weyerhaeuser Campus Committee find a way to move forward. Gary Gillespie spoke as a member of the selection committee for choosing the new art for the PAEC and encouraged the Council to approve the committee's choice. He reviewed the process undertaken which included the review of over a hundred artists' proposals. Keith Livingston; resident, artist and advocate for the PAEC; looks forward to the grand opening and thanked the Mayor, Council, city staff, and dedicated citizens for getting this project built. He voiced his support for the proposed art installation and believes it will be regionally recognized. Suzanne Vargo asked questions in relation to the former Weyerhaeuser property. Sarah Carbaru introduced herself and wants to share her economic vision and plan for the city which is not yet completed. Julie Cleary shared concerns regarding the Sound Transit Light Rail and whether the station and potential maintenance facility would be located on the former Weyerhaeuser property. She requested a moratorium to study with Sound Transit to save the East Hylebos waterways. Federal Way City Council Regular Minutes Page 3 of 8 January 3, 2017 5. CONSENT AGENDA a. Minutes: December 6, 2016 Regular and Special Meetings; December 14, Special Meeting, and December 15, 2016 Legislative Breakfast Summary b. Steel Lake Park to Downtown Trail Project — 85% Design Review and Authorization to Bid c. S 356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project — Letter of Understand with Comcast d. RESOLUTION: Grant Funding for Transportation Improvement Projects — Authorization to Accept Grant Funding Approved Resolution #17 -712 e. MOU with the Historical Society of Federal Way f. Arts Commission 2017 Contract for Services g. Interlocal Agreement with Federal Way Public School District #210 Deputy Mayor pulled item (f) /Arts Commission 2017 Contract for Services for a potential conflict of interest, she will be recusing herself. MOTION MADE BY DEPUTY MAYOR BURBIDGE TO APPROVE THE CONSENT AGENDA ITEMS A -E, G AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes COUNCILMEMBER HONDA MOVED APPROVAL OF ITEM (F) /ARTS COMMISSION 2017 CONTRACT FOR SERVICES AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed 5 -0 as follows; Burbidge recused. Deputy Mayor Burbidge recused Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes 6. COUNCIL BUSINESS a. Teamsters Collective Bargaining Agreement Human Resources Manager Jean Stanley stated the proposed agreement, which was approved by the Teamsters Bargaining Unit, is included in the Council packet and is within the parameters Council previously allowed. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE 2017 -2019 COLLECTIVE BARGAINING AGREEMENT WITH TEAMSTERS LOCAL UNION NO. 763 AND TO AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; COUNCILMEMBER MOORE SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes Federal Way City Council Regular Minutes Page 4 of 8 January 3, 2017 b. Extension of Interim City Attorney Appointment Human Resources Manager Jean Stanley reported the city contracted with the recruiting firm Prothman for the City Attorney position. Due to multiple factors, it has been a difficult recruitment. The city looked at the current market and the profile and adjusted the salary range. The adjusted recruitment profile is now re- opened with additional outreach and increased advertising since the holiday season. In the interim, the Mayor can appoint an Acting City Attorney for up to six months. Ryan Call and Mark Orthmann were appointed as Acting City Attorneys on July 7. The Mayor's recommendation is to continue their short term appointments until a City Attorney is hired on June 30th or before. MOTION MADE BY DEPUTY MAYOR BURBIDGE TO APPROVE THE EXTENSION OF THE SHORT TERM APPOINTMENT OF ASSISTANT CITY ATTORNEY'S RYAN CALL AND MARK ORTHMANN AS THE CITY'S INTERIM CITY ATTORNEYS THROUGH JUNE 30, 2017, OR UPON THE DATE A NEW CITY ATTORNEY BEGINS WORK, WHICHEVER COMES FIRST; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes c. Grant Acceptance — Port of Seattle for Economic Development Economic Development Director Tim Johnson briefly reported on the Port of Seattle Grant. This grant is matching funds for up to $65K. The grant is available to every King County city for Economic Development activities with a 50% match. The matched funds are reflected through his salary. MOTION MADE BY COUNCILMEMBER DUCLOS TO ACCEPT THE PORT OF SEATTLE GRANT FOR ECONOMIC DEVELOPMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE GRANT AGREEMENT AND ANY OTHER REQUIRED DOCUMENTS; COUNCILMEMBER MOORE SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes d. 2% for Art Program for Performing Arts and Event Center Executive Director Theresa Yvonne briefed Council on the 2% for Arts project for the Performing Arts and Event Center. She thanked the Public Art Advisory Committee for working on this project spending many hours in thoughtful deliberation and consideration of proposed projects and guidelines. 176 artists submitted works in response to the Request for Qualifications; proposals were narrowed and four (4) finalists visited Federal Way. In the end, two projects were very close with a split vote 5 -4 to select "Hylebos Harmonics" from the Public Art Advisory Committee with the alternate selected "Hylebos ". Ms. Yvonne noted the alternate proposal did not fall within the budget of the project; and she contacted the artist multiple times to inquire about a revised proposal which would be within budget. "Hylebos Harmonics" is a visual representation of the Hylebos with colors representing a spectrogram of the songs of native birds. The proposal includes graduating columns, native grass, and basalt stones which will catch and reflect water. This project meets the requirements of the RFQ, including the project budget. Councilmembers thanked Ms. Yvonne for her presentation and asked clarifying questions regarding the timeline for moving this project forward, and the details of the alternate proposal. Council also thanked the Public Art Advisory Committee and the Arts Commission for their review; it was noted all proposals had the same guidelines and budget to follow in order to be the successful project. Federal Way City Council Regular Minutes Page 5 of 8 January 3, 2017 In response to additional questions regarding the revised alternate proposal and the desire for a "water feature "; Ms. Yvonne noted while the "water feature" may be desired, the requirement of the proposal was to "feature water ". She did not receive any feedback showing favor to the alternate project ( "Hylebos ") as revised, over the selected project ( "Hylebos Harmonics ") from the Advisory Committee. MOTION MADE BY COUNCILMEMBER KOPPANG TO AUTHORIZE A BID AWARD FOR "HYLEBOS HARMONICS" FOR THE PERFORMING ARTS AND EVENT CENTER IN THE AMOUNT OF $350,000 TO DAVID DAHLQUIST AND MATT NEIBUHR AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT AND ANY OTHER REQUIRED DOCUMENTS; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes 7. ORDINANCES First Reading a. Council Bill #718 /Adoption of State Mandated Building and Construction Codes AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of the Washington State Building Code and related matters; amending Title 13 FWRC. (Amending Ordinance Nos. 01 -389, 04 -465, 07 -563, 09 -595, 10 -665, 13 -743, and 15 -793) Building Official Scott Sproul provided a brief introduction of this Ordinance. He noted this is a housekeeping Ordinance which is adopted every three years and references the state mandated codes. This Ordinance was presented at the December 5 Land Use /Transportation Committee and the Mayor's recommendation is to forward this ordinance to second reading /enactment. City Clerk Stephanie Courtney read the Ordinance title into the record. MOTION MADE BY COUNCILMEMBER ASSEFA - DAWSON TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 17, 2017 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes b. Council Bill #719 /Admissions Tax AN ORDINANCE of the City of Federal Way, Washington, relating to the imposition of an admission tax. Finance Director Ade Ariwoola gave a brief report on this proposed ordinance. He noted as discussed during the 2017 -2018 Biennial Budget process, this will levy 5% with a $0.60 cap per ticket. Anticipated revenue is $400K. Notice will go to businesses once the ordinance becomes effective. In response to Council questions, Mr. Ariwoola noted this tax will not require additional staff. City Clerk Stephanie Courtney read the Ordinance title into the record. Federal Way City Council Regular Minutes Page 6 of 8 January 3, 2017 MOTION MADE BY COUNCILMEMBER DUCLOS TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 17, 2017 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes Second Reading c. Council Bill #716 /Proposed Washington State Parks and Recreation (Dash Point State Park) Sewer Line and Park Utilities Franchise /Approved Ordinance #17 -829 AN ORDINANCE of the City of Federal Way, Washington, granting Washington State Parks and Recreation, a nonexclusive franchise to occupy rights -of -way of the City of Federal Way, Washington, within the specified franchise area for the purposes of constructing, maintaining, repairing, operating, and removing gravity sewer lines, and other utilities, with all connections and appurtenances thereto, for State Park purposes within and through the City of Federal Way. City Clerk Stephanie Courtney read the Ordinance title into the record. MOTION MADE BY COUNCILMEMBER ASSEFA - DAWSON TO APPROVE THE PROPOSED ORDINANCE; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously 6 -0 as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Honda yes Councilmember Duclos yes 8. COUNCIL REPORTS Councilmember Duclos noted she has met with Acting City Attorney and the Finance Director regarding adding additional Special Meetings for the Finance Council Committee to work on identifying sustainable and ongoing revenue sources for future budget cycles. Councilmember Moore was pleased to see the Executive Director of Communities in Schools attend the meeting for the proclamation; mentoring youth is very important to their ultimate success. He thanked Economic Development Director Tim Johnson for all his hard work on bring New Markets Tax Credits to the Performing Arts and Event Center project. Councilmember Koppang attended Mr. Dick Mayer's memorial service and is impressed with his level of dedication to the community, and the many citizens Federal Way who give their time and efforts to help people in need. He is thankful for the volunteer spirit in the community and the leadership of Mr. Mayer who is leaving a vision of commitment to serving other in his community. Councilmember Honda reported on the "Federal Way Cares for Kids" event in December; she thanked the Police Department, Fire Department, Macintosh family and the faith community who worked together on this event which helped many families. She attended the opening of the William J Woods veterans housing; she thanked Councilmember Duclos who was instrumental in that project. She also thanked the Legislators and Senator Miloscia for their time in attending the Legislative Breakfast in December. She remembered Dick Mayer and his service to the community and would like to see the city have a Relay for Life team in his honor. Federal Way City Council Regular Minutes Page 7 of 8 January 3, 2017 Councilmember Assefa- Dawson had a great holiday and noted the Ethiopian Christmas is this coming Saturday. She thanked Sharry Edwards and the volunteers who help at the Laundromat with cleaning clothes for those in need. She is impressed with the leadership and service to our community by these caring volunteers. Deputy Mayor Burbidge also thanked the Council for highlighting our giving and caring community by groups and individuals. Lodging Tax Advisory Committee will be tomorrow at 8:00 a.m. She wished everyone a Happy New Year. 9. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.110(1)(b) not needed 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:52 p.m. Attest: S Ci a ie Courtney Ierk Approved by Council: 01-11- 17 Federal Way City Council Regular Minutes Page 8 of 8 January 3, 2017