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Council MIN 01-17-2017 RegularAhhh. CITY OF 0,4■4____, Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall January 17, 2017 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 7:04 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Acting City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Ceremonial Swearing -In of Council Position No. 2 - Councilmember Bob Celski Mayor Ferrell swore in newly appointed Councilmember Bob Celski and congratulated him. Councilmember Celski thanked his wife, Sue; Mayor Ferrell; and the Council for their faith in him and his abilities. He thanked Councilmember Kelly Maloney for her years of service and noted he is excited and ready to hit the ground running to work towards making Federal Way a safer and more livable place. He looks forward to bringing tourism and new businesses to this area of King County and will be working to serve all of the citizens of the city. BRIEF RECEPTION HONORING COUNCILMEMBER BOB CELSKI At 7:07 p.m. Mayor Ferrell announced Council would take a brief fifteen minute recess fora reception to honor Councilmember Celski. Mayor Ferrell reconvened the meeting at 7:22 p.m. b. Proclamation — Human Trafficking Awareness Month — January 2017 Councilmember Honda read and presented the Proclamation to Brenda Oliver and the Federal Way Coalition against Human Trafficking (FWCAT). Ms. Oliver thanked the Mayor and Council for the proclamation and the outpouring of support from both the Council and the Police Department over the years. She introduced her team of volunteers from the Coalition. Federal Way City Council Regular Minutes Page 1 of 9 January 17, 2017 . c. Performing Arts & Event Center Fundraising Report Executive Director Theresa Yvonne introduced Joanne Piquette, President of the Federal Way Coalition of the Performing Arts who gave a fundraising update on the efforts made for the Performing Arts and Event Center. Ms. Piquette gave a brief history of the group of individuals working towards a performing arts center dating back to 1988. d. Mayor's Emerging Issues and Report • Homeless Mothers and Children Initiative Mayor Ferrell spoke regarding the formation of the Homeless Mothers and Children Initiative and asked Councilmember Honda to share her vision regarding this initiative. She introduced Sharry Edwards who will be working with her on this initiative. Councilmember Honda shared that there are two main goals: finding a location to use during cold nights this winter and bringing all service groups together to eliminate duplicative services and ensure the services can be provided efficiently and in the most cost - effective manner. • State of the City Address Mayor Ferrell encouraged everyone to attend the Federal Way Chambers State of the City event on Wednesday, February 1 at Twin Lakes Golf and Country Club. He recently had the pleasure of attending the State of the Schools with Superintendent Dr. Tammy Campbell. • City Council Retreat Mayor Ferrell noted the Annual Council Retreat will be held Saturday, February 4 at Dumas Bay Centre at 9:00 a.m. Doors will open at 8:30 a.m. with a continental breakfast provided. The meeting will be recorded and later condensed for time to be replayed on FWTV. He noted this is an important time to work and talk about the vision of the city. • Report on MLK Jr. Food Drive (ADDED) Diversity Commission Chair Greg Baruso gave a report on the weekend Food Drive during which volunteers collected 7,725 pounds of food and $796.31 in cash donations. He thanked the following stores for their participation: Fred Meyers, Grocery Outlet, Safeway and Wal -Mart. He also shared that Todd Beamer High School hosted the keynote event on Monday and launched the Representative Roger Freeman Memorial Award Scholarship. Mayor Ferrell thanked Mr. Baruso and his team of volunteers. • GFOA Certificate of Achievement for the CAFR Mayor Ferrell was pleased to announce Finance Director Ade Ariwoola had received an awarded for excellence in financial reporting by the Government Finance Officers Association (GFOA). Mayor Ferrell read the letter aloud and thanked Mr. Ariwoola and his team for all their hard work and dedication. Mr. Ariwoola thanked Mayor Ferrell for recognizing this important award and introduced his team who worked on the Comprehensive Annual Financial Report (CAFR). 4. CITIZEN COMMENT Betty Taylor reported on the personal hygiene leis she has made for the homeless population. She is grateful for the donations she has received from supporters amounting to $250 as well as donated Federal Way City Council Regular Minutes Page 2 of 9 January 17, 2017 goods. She hopes to continue this service and is requesting additional donations and /or help with production. Suzanne Vargo spoke regarding the preservation of the East Branch Hylebos, specifically in regards to stormwater, water quality, and developmental impacts. She requests the city treat this property as a whole when reviewing the stormwater and other environmental impacts of proposed development. At 8:03 p.m. Mayor Ferrell announced the Council would be taking a brief recess. Council reconvened at 8:06 p.m. Julie Cleary proposed working towards and creating a bio- diversity area designation. She outlined the steps that would need to be taken, shared examples of areas which have already completed the process, and requested interested individuals contact the Save Weyerhaeuser Group. Tom Messmer, with Industrial Realty Group (IRG), agreed that it would be a shame to over - develop the area and clarified the current plan is to develop only 105 acres. He shared what has been learned over the past nine months from meetings with the city as well as citizen feedback. Richard Pierson expressed excitement regarding Mr. Weidenfeld's outreach on behalf of the Mayor and city. He reminded the city of the need to act quickly to ensure that public access is not cut off to the lake and many trails. Mark Greene is an apartment resident who feels that the Mayor, Council, and Planning Commission are attempting to implement Big Brother Rules. Robin Cook thanked the city, King County Councilmember Pete von Reichbauer, and State Representative Mike Pelliocciotti for giving support to acquire the North Shore portion of the lake as well as IRG for their continued conversations with her. She emphasized all the good that is planned for the property and asked that we work together to find the best solution. TaShawna Nash is a 14 year resident of Federal Way and serves on the board of Save Weyerhaeuser Campus as the chair of fundraising. She hopes to integrate both the Pacific Bonsai and Rhododendron Garden into the conservation campaign of the western shore. Debra Hanson spoke regarding the intent of the concomitant agreement between the city and Weyerhaeuser. She read a letter from Weyerhaeuser Former - President and CEO Jack Creighton addressed to Mayor Ferrell and City Council. Cindy Flanagan represented the Rainier Audubon Society and requested Council pass a resolution that supports working together with the Save Weyerhaeuser Campus Group in regards to the conservation of the area. 5. CONSENT AGENDA a. Minutes: January 3, 2017 Regular and Special Meetings; and January 5, 2017 Special Meeting b. Term Amendment for Historical Society Lease c. Copper Wire Theft Protection System Installation d. Panther Lake Trail Improvement - 30% Design e. 2017 Parks & Recreation Commission Work Plan f. Olympic View '16 NTS - SW 330th St (21st Ave SW to 26th Ave SW) Federal Way City Council Regular Minutes Page 3 of 9 January 17, 2017 g. 2016 Asphalt Overlay Project - Final Acceptance h. Groundwater Interceptor Trench in SW 330th at 49th Ave SW - Project Acceptance i. RESOLUTION: Approving Eagle Manor Final Plat APPROVED RESO #17 -713 RESOLUTION: Acceptance of Grant Funding for Transportation Improvement Projects - Authorization to Accept Grant Funding APPROVED RESO #17 -714 k. RESOLUTION: Setting Public Hearing to Amend the 2017 -2022 Transportation Improvement Plan APPROVED RESO #17 -715 I. Interagency Agreement with Washington State Department of Enterprise Services and Authorization to Apply for a Grant Related to the LED Street Light Conversion Project m. Asphalt Overlay - Joint Construction Agreement with Puget Sound Energy for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S) PULLED AND APPROVED SEPARATELY Councilmember Honda pulled item (m)/ Asphalt Overlay - Joint Construction Agreement with Puget Sound Energy for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave S). DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A -L; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes Item M. Asphalt Overlay - Joint Construction Agreement with Puget Sound Energy for the SW 330th Street Gas Main Replacement (6th Ave SW to 1st Ave 5) Councilmember Honda asked clarifying questions regarding this item. Deputy Public Works Director Desiree Winkler spoke to the project, the requirements and restorations. COUNCILMEMBER HONDA MOVED APPROVAL OF ITEM (M) AS PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 6. PUBLIC HEARING a. Establish a Transportation Benefit District (TBD) as required by RCW 36.73.050(1) Mayor opened the Public Hearing at 8:39 p.m. • Staff Report Ms. Winkler gave an overview of the process to establish a Transportation Benefit District (TBD). Ms. Winkler noted a TBD is a quasi - municipal corporation and independent taxing district that can raise revenue for specific transportation projects, usually through vehicle license fees or sales taxes. Federal Way City Council Regular Minutes Page 4 of 9 January 17, 2017 • Citizen Comment Linda Kochmar provided brief background information from her years on the City Council in regards to fees including Sound Transit 3 and the gas taxes. She cautioned Council to remember the impact this will have on citizens. Cheryl Hurst (no comment sheet filled out) explained that taxes are required to pay for things. She understands the concern for low- income people but she indicated that there are tax breaks granted for both low- income and seniors. She additionally clarified that if no new money is collected, money will have to be taken from elsewhere in the budget. Julie Cleary expressed doubts regarding the process of developing the TBD and fees that will be passed on to the citizens. She is in favor of funding for police, but this district is for transportation projects. Mathew Jarvis expressed respect for the service provided by the Mayor and Council. He shared his opinions regarding the finances associated with the Performing Arts and Event Center as well as parks and the former - Target property which have depleted the budget. Suzanne Vargo questioned why additional fees are needed, that these needs should have been addressed during the budget process. Dana Hollaway, a retired Federal Way resident, voted against ST3 because she could not afford it and she also cannot afford additional taxes as a result of the TBD. • Council Discussion Councilmembers thanked Ms. Winkler for her presentation and asked her various clarification questions regarding why the city needs to form a TBD; what the funds collected can be used for; and if the TBD can be dissolved after the identified projects are complete or at a date certain. Ms. Winkler addressed each question and gave further detailed information. Councilmembers were concerned with the increase in fees through the passage of ST3 (Sound Transit) and inquired if there are exemptions or lower rates for seniors on fixed incomes or low income families. Ms. Winkler clarified setting fees would come at a much later point in time; this first step is to establish the benefit district. Councilmembers each noted it is not their desire to raise taxes; however increased services are needed for a city with the population of nearly 95,000 and will continue to increase in the coming years. These funds would be used for projects currently funded by the general fund, thereby freeing up funds for public safety and additional police officer positions. Deputy Mayor noted the discrepancy in property taxes collected by Federal Way as compared to similar cities in the region. She noted Auburn brings in approximately $6 million more than Federal Way annually. The Council would like more information on this process and the parameters prior to setting any fees, including impacts and possible exemptions for low income and seniors. COUNCILMEMBER CELSKI MOVED TO CLOSE THE PUBLIC HEARING ON THE ESTABLISHMENT OF A TRANSPORTATION BENEFIT DISTRICT AS REQUIRED BY RCW 36.73.050; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Federal Way City Council Regular Minutes Page 5 of 9 January 17, 2017 Councilmember Celski Councilmember Honda 7. COUNCIL BUSINESS yes Councilmember Duclos yes yes a. Collective Bargaining Agreement with the Police Support Services Association (PSSA) 2016 -2018 Acting City Attorney Ryan Call reported the PSSA which represents everyone in the Police Department not in uniform, has ratified the agreement authorized by Council. The contract will be in place for three years. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE 2016 -2018 COLLECTIVE BARGAINING AGREEMENT WITH THE POLICE SUPPORT SERVICES ASSOCIATION AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes b. RESOLUTION: Delegating to the Mayor or his Designee the Authority to Legally Bind the City of Federal Way for the Sole Purpose of Requesting Federal Transportation Grant Reimbursement APPROVED RESO #17 -716 Deputy Public Works Director Desiree Winkler noted this is simply a formality of receiving federal transportation dollars. COUNCILMEMBER CELSKI MOVED APPROVAL OF THE RESOLUTION DELEGATING AUTHORITY TO THE MAYOR OR HIS DESIGNEE TO LEGALLY BIND THE CITY OF FEDERAL WAY FOR THE PURPOSES OF REQUESTING FEDERAL TRANSPORTATION GRANT REIMBURSEMENT; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes c. Ratification of Land Use /Transportation Committee Member and Chair Appointment DEPUTY MAYOR BURBIDGE MOVED TO RATIFY THE APPOINTMENT OF COUNCILMEMBER BOB CELSKI AS A MEMBER AND CHAIR OF THE LAND USE /TRANSPORTATION COMMITTEE THROUGH THE END OF 2017; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes Federal Way City Council Regular Minutes Page 6 of 9 January 17, 2017 d. Lodging Tax Advisory Committee Appointments DEPUTY MAYOR BURBIDGE MOVED TO REAPPOINT THE FOLLOWING INDIVIDUALS TO THE LODGING TAX ADVISORY COMMITTEE WITH APPOINTMENTS EXPIRING OCTOBER 31, 2018: JENNY VASQUEZ, JOANN PIQUETTE, ROSE EHL; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes e. Youth Commission Appointments COUNCILMEMBER KOPPANG MOVED TO APPOINT THE FOLLOWING INDIVIDUALS TO THE YOUTH COMMISSION: POSITION 8, EXPIRING AUGUST 31, 2018 - GAURAVA GOWDA; AND POSITION 9, EXPIRING AUGUST 31, 2018 - OLIVIA CHUNG; COUNCILMEMBER ASSEFA- DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes f. Diversity Commission Appointment COUNCILMEMBER KOPPANG MOVED TO APPOINT TIMOTHEE DETTWEILER TO THE DIVERSITY COMMISSION AS AN ALTERNATE WITH A TERM EXPIRING MAY 31, 2019; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes g. North Lake Management Advisory Board Appointment COUNCILMEMBER CELSKI MOVED TO APPOINT THE FOLLOWING INDIVIDUALS TO THE NORTH LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE WITH APPOINTMENTS EXPIRING MARCH 15, 2018: LOIS KUTSCHA AND LAURENCE ZIMNISKY; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 8. ORDINANCES First Reading: a. Council Bill #7201 Establishing a Transportation Benefit District (TBD) AN ORDINANCE of the City of Federal Way, Washington, relating to the establishment of a transportation benefit district and adding Chapter 3.26 to the Federal Way Revised Code. Federal Way City Council Regular Minutes Page 7 of 9 January 17, 2017 Public Works Deputy Director Desiree Winkler noted her presentation on this item was given during the Public Hearing; however she is available for any additional questions. City Clerk Stephanie Courtney read the ordinance title. COUNCILMEMBER CELSKI MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE FEBRUARY 7, 2017 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes Second Reading /Enactment: b. 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) City Clerk Stephanie Courtney read the ordinance title. COUNCILMEMBER CELSKI MOVED APPROVAL OF THE PROPOSED ORDINANCE AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes c. Council Bill #719 /Admissions Tax AN ORDINANCE of the City of Federal Way, Washington, relating to the imposition of an admission tax. City Clerk Stephanie Courtney read the ordinance title. Councilmember Celski asked a few clarifying questions regarding recreational activities and if the businesses affected have been notified or come forward with concerns. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE AS PRESENTED; COUNCILMEMBER ASSEFA - DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes 9. COUNCIL REPORTS Councilmember Assefa- Dawson reported on attending the Martin Luther King Jr. Celebration events over the weekend. She was impressed and thanked Executive Assistant to the Council Jeri -Lynn Clark and all the volunteers who made the events a success. Federal Way City Council Regular Minutes Page 8 of 9 January 17, 20/7 Councilmember Celski shared it is good to be back on the Council and to again participate in events like the MLK Jr. Food Drive on Saturday. He thanked everyone who was involved with the event at Todd Beamer High School and was impressed with all the hard work. Councilmember Honda reported that she attended the Chamber of Commerce that hosted an exceptional speaker and thanked the Diversity Commission for their work this weekend in regards to the MLK Jr. celebration. She will attend the King County Board of Health meeting this upcoming week as well as the official Day Center Grand Opening. She also provided information regarding participation in volunteer citizen commissions. Councilmember Koppang shared a quote from Martin Luther King Junior that "Injustice anywhere is injustice everywhere ". He keeps this in mind as he services on Council and believes mindsets should be challenged; we can change how we think about one another and treat each other. COUNCILMEMBER HONDA MOVED TO EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda yes Councilmember Moore enjoyed sharing his feelings regarding MLK Day at the event co- hosted by the Diversity Commission. He also thanked Dr. Tammy Campbell and the city for supporting the Representative Roger Freeman Memorial Award. He ended his remarks speaking about city transparency, connecting with the public via social media, saving Camp Kilworth, and the new homelessness initiative. Councilmember Duclos reported on recently viewing the new movie "Hidden Figures" and the important piece of history which has not been previously been discussed. She encouraged everyone to take the opportunity to go see the movie. Deputy Mayor Burbidge attended the South County Area Transportation Board and received an update from King County Metro regarding upcoming improvements to bus service. She also reminded councilmembers to submit suggested topics for the Council Retreat to be held February 4. She expressed appreciation for the work done for official Grand Opening of Day Center as well as the Reach Out Organizations Centers for men and women. 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 10:12 p.m. Attest: a► 111 St:: a ie Courtney City Clerk Approved by Council: 02 074011 Federal Way City Council Regular Minutes Page 9 of 9 January 17, 2017