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2018-03-20 Council MIN - Regular..4.44CITY OF 1&„,..- Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall March 20, 2018 — 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 Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. DEPUTY MAYOR HONDA MOVED TO AMEND TONIGHT'S AGENDA TO MOVE ITEMS 7A AND 7B TO FOLLOW ITEM 4- CITIZEN COMMENT; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 3. PRESENTATIONS a. Introduction of the Mayor's Task Force on Homelessness Mayor Ferrell was pleased to announce and introduce the new task force which will focus on homelessness in the city. He thanked those who were a part of the Homeless Mothers and Children Initiative (HMCI) and feels this expanded task force will be addressing some difficult issues. He asked members to come forward to be recognized. • Sharry Edwards, Task Force Chair; • Chantel Arnone, Emergency Department Clinical Manager CHI Franciscan Health; • Jeff Bellinghausen, Captain and Community Affairs Officer, South King Fire & Rescue; • Elric Bey, Federal Way resident; Federal Way City Council Regular Minutes Page 1 of 1I March 20, 2018 • Sarah Bridgeford, CDBG/HS Coordinator, City of Federal Way; • Jeanne Burbidge, former Federal Way Mayor, Deputy Mayor, and City Councilmember; • Angela Coe, Regional Operations Director, Valley Cities Behavioral Health; • Robin Corak, Executive Director, Multi -Service Center; • Dan Dizon, Executive Director of Human Resources and Community Relations, Federal Way PublicSchools; • Jack Dovey, US Carrier Relations and Business Development Director, GPS Lockbox; • Willa Gaines, Advisory Board Member, Reach Out; • Lawrence Garrett, Executive Director, Advancing Leadership; • Kabal Gill, Owner, East India Grill; • Marty Hartman, Executive Director, Mary's Place; • Byron Hiller, Property Management Division President, Coldwell Banker Commercial Danforth; • Peggy LaPorte, Executive Director, FUSION; • David Larson, Judge, Federal Way Municipal Court; • Kimberly McGlynn, Operations Manager, King County Library System; • Tom Medhurst, Member, City of Federal Way Planning Commission and President and CEO of L & Nursery Supply, Inc.; • Rick Miller, Pastor, New Hope Christian Fellowship; • Jackie Muth, Partner, Mahrt & Associates CPA, Federal Way; • Stephan Neal, Deputy Chief, City of Federal Way Police Department; • Lynn Ormsby, Advisory Board Member, Sound Alliance/Federal Way Day Center; • Shelley Pauls, liaison for Federal Way faith community; • Shelly Pricco, Executive Director, Nexus Youth and Families; • Stacie Scarpaci, Probation Officer, City of Federal Way Municipal Court; • Rebecca Stephens, Acting Associate Director, United States Department of Veterans Affairs PugetSound Health Care System; • Ken Stark, Vice -Chair, City of Federal Way Human Services Commission; • Jeff Watson, Community Services Manager, City of Federal Way; • Yarden Weidenfeld, Senior Policy Advisor, City of Federal Way's Mayor's Office; Dan Wise, Director of Homeless Services, Catholic Community Services in King County. b. Proclamation: Celebrating Women in Public Office Day Deputy Mayor Honda, CouncilmemberAssefa-Dawson and Councilmember Duclos jointly read and presented the proclamation to State Representative Kristine Reeves, Federal Way School Board Member Carol Gregory and School Board President Claire Wilson. Representative Reeves thanked Council for this incredible honor. She is extremely proud to accept this proclamation recognizing the benefits women bring to public office. She is able to lead the way on issues for family values and fighting to better the city, county and state life. She feels this proclamation recognizes the work -life balance. Deputy Mayor Honda also recognized women in the audience who have formerly served in public office including Linda Kochmar and Jeanne Burbidge. Federal Way City Council Regular Minutes Page 2 of 11 March 20, 2018 c. Certificates of Appointment: Lodging Tax Advisory Committee Councilmember Moore read and presented the certificates of re -appointment for Jessica Christensen, Mike Dunwiddie, and Ryan Miller. d. Certificates of Appointment: Human Services Commission Councilmember Johnson read and presented certificates of appointment to the Human Services Commissioner Brian Bentley, Jamila Taylor, Jack Walsh, Anthony Pagliocco, and Betty Taylor. e. Mayor's Emerging Issues and Report • Legislative Update Mayor Ferrell asked Senior Policy Advisor Yarden Weidenfeld to highlight key legislative accomplishments. Mr. Weidenfeld reported on a very successful session for the city. He thanked the legislators for their hard work and diligence in securing funding for a very high percentage of the city requests. Programs receiving funding include: ✓ Safe City cameras; ✓ Performing Arts and Event Center; ✓ University Initiative; ✓ North Lake conservation efforts (Forterra); and ✓ Emergency Shelter for families. • Regional Meetings and Community Events Mayor Ferrell updated Council on his attendance at various regional meeting including the Gateway Project Meeting Assessment Review on March 8; the Federal Way Public Schools Scholar Advisory Meeting on March 9; Regional Gang & Gun Violence Coordination Meeting on March 7; and the Korean Community Quarterly Meeting on March 15. He anticipates attending the South King County Elected Officials Affordable Housing Meeting on March 27 and the Town Hall Meeting with Congressman Adam Smith at City Hall on March 28. • Budget Presentation Recap Accounting Supervisor Chase Donnelly outlined the structural imbalance the city faces in the current budget cycle and the foreseeable future. He asked various directors to present brief backgrounds on their respective departments. Parks Director John Hutton, Public Works Director Marwan Salloum, Community Development Director Brian Davis and Police Chief Andy Hwang all spoke addressing staffing shortages, disparaging pay for current and long term non -represented staff, and increased demand on job duties. 4. CITIZEN COMMENT Rebecca Martin, CEO of the Chamber of Commerce, relayed their Board of Directors voted to urge City Council to delay the voting on both the utility tax and admissions tax. They request Federal Way City Council Regular Minutes Page 3 of 11 March 20, 2018 more time to work together to solve this community challenge. Peter Sanchez, Lakehaven Commissioner, spoke on behalf of the utility district and in opposition of the excise tax on water and sewer. He read a letter outlining their plan of action as this moves forward. Dale Griffin, United States Army veteran, requested Council ban the sale of AR -15 in Federal Way stating that modern weaponry is not what the founding fathers intended. Julie Sharlock spoke in opposition of the proposed utility tax. Jack Sharlock spoke in opposition of the proposed utility tax. Jeanne Burbidge, longtime resident, shared the history of taxes within the City of Federal Way since incorporation which she believes has contributed to the current situation. She spoke in favor of the proposed tax as a necessary ongoing revenue source. Julie Vance, 65 year resident, spoke in opposition of the proposed utility tax highlighting the struggle of those on fixed incomes and those raising families. Debbie Harvey spoke against the utility tax and asked the Mayor and City Council to consider giving breaks to seniors. Dick Whipple, 40 year resident, spoke in opposition of the proposed utility tax and all tax increases. Don Casell, resident since 1961, spoke in opposition of the proposed utility tax labeling himself and other residents as a victims of taxation. Matt Everett, General Manager of Highline Water District, spoke against the proposed utility tax and asked City Council to work with the utility districts to come up with a win-win situation. Norma Blanchard shared a complaint regarding a council member's behavior at the January 2 City Council Meeting. She has submitted a Code of Ethics complaint. TaShawna Nash invited Federal Way citizens to participate in the Save Weyerhaeuser Campus Earth Day Walk on Sunday April 22 at 2:00 p.m. Len Englund, Lakehaven Utility Commissioner, spoke against the proposed utility tax. He emphasized the difference between water and sewer utilities versus phone and cable companies. Carol Frayley spoke in opposition of the proposed utility tax and questioned why the budget information was not shared at the Mayor's State of the City Address. Lawson Bronson, 40 year resident, spoke in opposition of the proposed utility tax. He questioned efficacy of the strong mayor form of government. Homer Anders spoke in opposition of the proposed utility tax. Rick Johnson spoke in opposition of the proposed utility tax. Federal Way City Council Regular Minutes Page 4 of 11 March 20, 2018 Nate Barton, 30 year resident and member of Army Reserves, spoke in opposition of over- regulation and taxation. David Seatz, 27 year resident, expressed his opposition to the Council's right to taxation. Jerry L. Graham suggested contracting out some of the city services and to see if costs can be lowered. Wanda Vargas, 30 year resident, shared her concern with the libraries and the danger in the libraries. She asked for a police officer to be stationed at the libraries to mitigate the situation. Christina Alvarez shared the fear she feels having received notice that a sex offender had moved into her neighborhood. After contacting both King County and Federal Way Police she is upset that there is no law against this and is asking for help. Betty Taylor announced the closure of TBN Studios; the last Christian television station in Federal Way. An event is being hosted March 23 at 7:00 p.m. at Pastor Dan Larson's Church; all are welcome. Earnest Commodore requested property taxes be reduced. He shared issues he has had with Lakehaven Utility District's billing. Bene Dagan updated the Mayor and City Council on the condition of the old Albertson's parking lot and requested it be remedied. Tom Sunick, 1959 Federal Way High School graduate, spoke in opposition of the proposed utility tax. Suzanne Vargo spoke in opposition of the proposed utility tax and provided potential revenue ideas. Peter Townsend spoke in opposition of the proposed utility tax and is concerned that businesses will be leaving because of the taxes DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES EXTEND THE MEETING PAST 10:00 PM; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Councilmember Moore left the meeting briefly at 9:59 p.m. and returned at 10:04 p.m. Councilmember Duclos left the meeting briefly at 9:59 p.m. and returned at 10:03 p.m. Letter read into the record by City Clerk from Gerald & Doris Andre expressed opposition of the proposed utility tax. Letter read into the record by City Clerk from Derek Purton questioned utility tax transfers from the Final 2017 Monthly Financial Report. CLERK'S NOTE: The following five individuals submitted citizen comment sheets but were not Federal Way City Council Regular Minutes Page 5 of 11 March 20, 2018 in attendance when their names were called: Ed Pinkham, Susan Pinkham, Jennie Bigley, Doug Peffer, and Lynn Bennett. 5. ORDINANCES Second Reading/Enactment a. Council Bill #736/Imposing an Excise Tax on Public and Private Water and Sewer Utilities AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE IMPOSITION OF AN EXCISE TAX ON BUSINESS ACTIVITIES OF PUBLIC AND PRIVATE WATER AND SEWER UTILITIES WITHIN FEDERAL WAY; AND AMENDING FWRC 3.10.040. City Clerk Stephanie Courtney read the Ordinance Title COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER ASSEFA-DAWSON SECOND. Councilmember Johnson is very proud of the staff we have, however he would like to see every option exhausted prior to increasing taxes. He appreciated meeting with Lakehaven representatives along with Deputy Mayor Honda and Councilmember Tran. Deputy Mayor Honda also agreed she would like to see this process slow down. She is concerned over the time and cost this will bring including litigation costs for both sides. Councilmember Duclos agreed communication should occur with Lakehaven and also noted the lack of revenue options has been noted for some time including in the last budget cycle. Councilmember Tran stated this is the most difficult decision he has had to make and appreciated this important discussion. He wants to support the investment in the downtown to increase revenue and also decrease expenditures. Councilmember Assefa-Dawson appreciates all the comments and information presented tonight; however they need to address this issue of the current shortfall with a viable and sustainable revenue source. Councilmember Koppang agrees the city has to be fiscally responsible and he feels the city has been. He noted this has been discussed previously and he understands citizens oppose tax increases, and there are competing interests between upkeep of parks, roads and public safety and being an affordable community and growing the economy. He feels this is a reasonable way to implement a small tax on a broad scale. Councilmembers discussed the utility tax rebate program which is currently available to low income seniors and disabled citizens. The rebate program, which began in 2003, is open through April 30 of each year. Councilmembers continued to discuss maintaining city services, paying employees a fair market rate, and maintaining a safe community. The current franchise agreement with Lakehaven was also discussed; the city is losing money as it is currently written. Deputy Mayor Honda thanked citizens for attending tonight's meeting and voicing concerns. She would like to see low-income families added to the utility tax rebate program; Mayor Ferrell agreed and noted that should be added to the next FEDRAC agenda. Federal Way City Council Regular Minutes Page 6 of I I March 20, 2018 Councilmember Moore also stated this is a very difficult decision; however he feels the Council needs to solve this problem. He would like to have budget town hall sessions to discuss the next budget more directly with the public. DEPUTY MAYOR HONDA MOVED TO ADD LOW-INCOME FAMILIES TO THE UTILITY TAX REBATE PROGRAM, AND TO DO THIS TONIGHT; COUNCILMEMBER JOHNSON SECOND. Mayor Ferrell asked Deputy Mayor Honda to restate her proposed friendly amendment. AMENDMENT AS CLARIFIED: DEPUTY MAYOR HONDA MOVED TO ADD LOW INCOME FAMILIES TO THE UTILITY TAX REBATE PROGRAM AND TO DO THIS TONIGHT. Councilmember Koppang added for this particular tax; Deputy Mayor Honda agreed and added the term "Lakehaven". Mayor Ferrell asked for the amendment be clarified one final time prior to voting. AMENDMENT FURTHER CLARIFIED: DEPUTY MAYOR MOVED TO AMEND THE MOTION TO ADD LOW INCOME FAMILIES TO THE LAKEHAVEN UTILITY TAX REBATE PROGRAM. Councilmember Tran asked to define the term "low-income" including how it would be structured and if there would include a cap. Mayor Ferrell deferred to City Attorney Call. Mr. Call stated staff will research potential conditions or limits for Council review and approval. The amendment passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Mayor Ferrell stated the motion on the floor moved by Councilmember Duclos and seconded by Councilmember Assefa-Dawson is for item 7a Council Bill #736. City Attorney Call asked Mayor Ferrell to have the motion restated for clarity. RESTATED MOTION: COUNCILMEMBER DUCLOS MOVED APPROVAL OF COUNCIL BILL 736 IMPOSING AN EXCISE TAX ON PUBLIC AND PRIVATE WATER AND SEWER UTILITIES. Mayor Ferrell clarified the motion to also include the previously approved amendment of adding low income families to the utility tax rebate program. Councilmember Duclos agreed. CLARIFIED MOTION: APPROVAL OF COUNCIL BILL 736 IMPOSING AN EXCISE TAX ON PUBLIC AND PRIVATE WATER AND SEWER UTILITIES AND ADDING LOW-INCOME FAMILIES TO THE UTILITY TAX REBATE PROGRAM. Main Motion as amended passed 5-2 with a roll call vote; Deputy Mayor Honda and Councilmember Johnson dissenting as follows: Deputy Mayor Honda no Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson no Councilmember Duclos yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 7 of 11 March 20, 2018 b. Council Bill #737/Amendinq FWRC 3.60.010 relating to the Admissions Tax Cap AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADMISSIONS TAX CAP; AMENDING FWRC 3.60.010. (AMENDING ORDINANCE NO. 17-831) City Clerk Stephanie Courtney read the Ordinance Title COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes At 10:36 the Mayor announced the Council would take a brief recess; he reconvened the meeting at 10:43 p.m. Councilmember Koppang left the meeting at 10:36 p.m. for business obligations. 6. CONSENT AGENDA a. Minutes: March 6, 2018 Regular and Special Meetings b. Amendment to the Existing Subscriber Agreement with Public Safety Testing c. Wildwood '17 NTS; 19th Ave S — 20th Way S (S 290th St to S 294th PI) d. 2018 Asphalt Overlay Project - Bid Award e. NPDES Annual Report and Stormwater Management Program Update f. 2018 Storm Drain CCTV Inspection and Assessment — 85% Design Status Report and Authorization to Bid g. Submittal of Transportation Grant Application h. Grant of $25,000 Offered to the City of Federal Way for the Completion of the Periodic Review of the Shorelines Master Program DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH H ON THE CONSENT AGENDA; COUNCILMEMBER TRAN SECOND. The motion passed unanimously 6-0 as follows: Deputy Mayor Honda yes Councilmember Koppang excused Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 7. PUBLIC HEARING a. 2017 Program Year Consolidated Annual Performance & Evaluation Report (CAPER) Mayor Ferrell opened the public hearing at 10:44 p.m. Human Services CDBG Coordinator Sarah Bridgeford briefed the Council on the report Federal Way City Council Regular Minutes Page 8 of 1I March 20, 2018 and answered various questions regarding job creation for the Performing Arts and Event Center and Habitat for Humanity projects. Human Services Manager Jeff Watson addressed the question of timeline and life of funds unused. No citizen comments were received. COUNCILMEMBER JOHNSON MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously 6-0 as follows: Deputy Mayor Honda yes Councilmember Koppang excused CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes COUNCILMEMBER JOHNSON MOVED APPROVAL OF THE 2017 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT AND TO AUTHORIZE THE MAYOR TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH THE REPORT FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously 6-0 as follows: Deputy Mayor Honda yes Councilmember Koppang excused Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. Public Hearing for the Street Vacation of a Portion of SW 300th Street Mayor Ferrell opened the public hearing at 10:56 p.m. Street Systems Engineer John Mulkey presented a brief staff report on the street vacation including the background, compliance, and property owners. Councilmembers-thanked Mr. Mulkey and asked clarifying questions regarding appraised value. Mr. Mulkey noted the property has not been appraised; he referred to the tax value. • Citizen Comment Carol O'Brien, one of the three property owners, asked clarification regarding the process and noted they are seeking the street vacation to maintain access to their current property which has been in her family since 1957. Spencer Eason, one of the three property owners for over 60 years, supports the street vacation for similar reasons. The vacation is needed to maintain property value and access to his property. He stated there are no utilities on that portion of the road and it will not be further developed. Deputy Mayor Honda asked Mr. Mulkey to explain the process when two of the three property owners financially support the request. Mr. Mulkey noted per State law, the property if vacated, has to be split equally on both sides of the road, even if only two parties financially support the vacation. DEPUTY MAYOR HONDA MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously 6-0 as follows: Federal Way City Council Regular Minutes Page 9 of 11 March 20, 2018 Deputy Mayor Honda yes Councilmember Koppang excused CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes DEPUTY MAYOR HONDA MOVED APPROVAL OF THE REQUEST FOR STREET VACATION AND TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE VACATING A PORTION OF THE RIGHT OF WAY WITHIN SW 300TH STREET AND PRESENT IT TO COUNCIL FOR FIRST READING UPON PAYMENT FOR THE LAND AND GRANTING OF REQUIRED UTILITY EASEMENTS; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously 6-0 as follows: Deputy Mayor Honda yes Councilmember Koppang excused CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 8. COUNCIL REPORTS Councilmember Duclos announced the upcoming Finance, Economic Development, and Regional Affairs Committee (FEDRAC) Meeting is scheduled for Tuesday, March 27 at 4:30 p.m. The meeting will be held in the Hylebos Conference Room. Councilmember Moore acknowledged that it was a difficult meeting and asked the Mayor to be innovative in the upcoming budget process. He reminded Council of the commitment made during the Council Retreat wherein they committed to finding additional revenue sources. Councilmember Tran thanked those who attended and those who sent emails prior to the meeting. While he was unable to reply to all, he did read them; he wants their input and feedback. Councilmember Johnson also acknowledged it was a difficult night. He shared he will be looking at every inequity in the budget and for additional revenue sources as Council works on the 2019/2020 Budget. He announced the Washington Voting Rights Acts passed resulting in individuals automatically being registered to vote at the age of eighteen. The Federal Way Youth Action Team became a 501 c3 and will be hosting community clean up in coming weeks. Councilmember Assefa-Dawson clarified the rebate program for the low-income and disabled is for the tax portion, not the entire bill. She questioned how this additional workload will be managed by staff. She thanked the Mayor for the Homelessness Task Force and is eager to hear their conclusions. Deputy Mayor Honda attended the Diversity Commission Meeting where fifth -grade students from Nautilus Elementary School presented their need for more diverse books in their library. The Diversity Commission was able to provide books in response to their request. She also announced the sponsorship availability for the Flavor of Federal Way happening in August. 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 11:33 p.m. Federal Way City Council Regular Minutes Page 10 of 11 March 20, 2018 Attest: p anie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 11 of 11 March 20, 2018