Council MIN 07-19-2011 RegularCITY OF
,�. Federaf Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
July 19, 2011
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:15 p.m.
Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember
Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember
Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman.
Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
A member of the audience led the Pledge of Allegiance.
MOTION: Councilmember Kochmar moved to amend the agenda to add item under
number 7 after the first reading of Council Bill 577; an ordinance, Council Bill #578 for
First Reading and Enactment, Imposing a six-month Moratorium on Cannabis related
Collective Gardens and Setting the Public Hearing. Councilmember povey second.
VOTE: Motion carried 7-0.
MOTION: Deputy Mayor Duclos moved to amend the agenda to add under Council -
Business as item b. to discuss the Mayors recommendation for exclusive arrangement
with ARCADD, Inc. on the AMC Theatre site. Councilmember Kochmar second. VOTE:
Motion carried 7-0.
3. PRESENTATION
a. Certificates of Appointment — Diversity Commission
Deputy Mayor Duclos presented Certificates of Appointment to individuals that the Council
appointed to the Diversity Commission at their July 5 meeting.
b. Charter Presentation for the Aktion Club of Federal Wav
Mayor Priest stated the Federal Way Aktion Club is supported by the Kiwanis and their
mission is to help include disabled adults in society. Federal Way did not have an Aktion
Club until Judge Larson spoke with the Federal Way Community Center staff and
determined that the club could augment the City's Inclusion program. Municipal Court
City Council Minutes — July 19, 2011 Regular Meeting Page 1 of 6
Judge David Larson introduced International Kiwanis President Sylvester Neal. Mr. Neal
presented the Aktion Club President with their Charter and Judge Larson presented pins
to the Aktion Club members.
c. Fourth of July After-Action Report
Police Chief Brian Wilson provided an after action report on the Fourth of July Police
activities. He reported the emphasis areas were safety; crowd and traffic management;
and enforcement. On July 4, the total number of 911 calls received was 236. Fifty nine of
those calls were fireworks/noise calls.
There were two significant issues over the holiday. On July 3 two fireworks IED's (sparkler
bombs) were identified and disposed of by the bomb disposal unit. Additionally, on July 4,
2011, there were two reported shooting incidents and two arrests were made.
d. Mavor's Emerqinq Issues
Mayor priest stated there were two emerging issues.
• Sound Transit Strateqy
City Attorney Richardson stated in response to the announcement that link light
rail would not reach Federal Way until 2040 or beyond the City is proceeding on
three fronts. The City has submitted two public records request to Sound Transit to
gather documents. The City has also hired the law firm of Talmadge & Fitzpatrick
to review the City's options. Ms. Richards stated the staff is also looking at Federal
and State lobbying efforts.
• Employee Health Care Plan
Mayor Priest reviewed the budget shortfalls for 2013-2014 and summarized the
steps needed for sustainability. In 2010 a Healthcare Task Force was created to
examine the health benefit options. The City is also working with a consultant on
this issue. Mayor Priest provided some background information on the City's
current health care plan and associated costs. The City's total medical costs have
increased 14.5% between 2000 and 2010. A feasibility study revealed three
primary options to be considered, 1) Stay with AWC 2) Self-funding via a third
party administrator 3) Change coverage to Group Health Co-op (this option
provides coverage for non-Group Health providers). AWC premiums are projected
to increase approximately 10% per year. Self-funding requires historical
information to determine risk and 2-year plan to implement self-funding with 100%
participation. The Group Health plan would require an employee contribution of
approximately 10%. Mayor Priest reviewed the cost comparison between AWC
and Group Health; there would be an $847K cost savings with the Group Health
Plan. He stated the current recommendation was to switch to the Group Health
Plan.
4. CITIZEN COMMENT
Robert Seminqsen spoke about electrical vehicle charging stations. He recently installed
charging stations for the City of Seattle. He recommended the Council look into installing
some electrical vehicle charging stations at the Community Center or library.
Norma Blanchard thanked the Council for scheduling a special meeting to discuss term limits.
Ciry Council Minutes — July 19, 2011 Regular Meeting Page 2 of 6
She also spoke about amending the initiatives and referendum signature gathering periods
from ninety-days to six-months.
Clara McArthur spoke in support of increasing the three-minute public comment period to five
minutes. She stated she would also like to see a park on the former AMC Theatre Site.
Betty Tavlor spoke about the upcoming National Night out event and requested the Council
add a proclamation for the event to the August 2, 2011 Council meeting agenda.
Keith Tvler asked for clarification on the state law that prohibits the public from talking about
certain topics during public comment. Mr. Tyler spoke about the aggressive begging
ordinance that is scheduled for first reading tonight. He wants to make sure the City Council is
respecting the rights of everyone.
5. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members
and brought before fu/l Council for approval. AI! items are enacted by one motion. Individual items may be
removed 6y a Councilmember for separate discussion and subsequent motion.
a. Minutes: July 5, 2011 Special and Regular Meetings Approved
b. Siteline Park & Playground Products Retainage Release Approved
c. Allplay Systems Retainage Release Approved
d. First Amendment to the MacDonald-Miller Energy Performance Agreement Approved
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MOTION: Deputy Mayor Duclos moved approval of items 5a through 5e.
Councilmember Freeman second. VOTE: Motion carried 7-0.
Councilmember Burbidge pulled item 5e.
VOTE: Items 5a through 5d were approved 7-0.
5e. Amendment of the City's 2011 CDBG Annual Plan
MOTION: Councilmember Burbidge moved that the amendment of the City's CDBG
Annual Plan be placed on the August 2, 2011 City Council meeting in order for the
Council's decision to be part of the public hearing that has been advertised. Deputy
Mayor Duclos second. VOTE: Motion carried 7-0.
6. COUNCIL BUSINESS
a. Cancellation of Auqust 16, 2011 City Council Meetinq
MOTION: Deputy Mayor Duclos moved to suspend the City Council Rules of
Procedure and cancel the August 16, 2011 City Council meeting. Councilmember
Kochmar second. VOTE: Motion carried 7-0.
b. Re-development of the AMC Theatre site (ADDED /TEM)
Community and Economic Development Director Patrick Doherty stated the City Council
conducted a Special Meeting at 5:30 p.m. to discuss the re-development of the City
Center and the responses received from the RFQ for the former AMC Theatre sites. The
City received responses to the RFQ from Williams & Dame, ARCADD, Inc., and Twin
City Council Minutes — July 19, 2011 Regular Meeting Page 3 of 6
Development. The Council conducted a special meeting on July 19, 2011 to review the
responses and discuss revitalization options for the city center area.
MOTION: Deputy Mayor Duclos moved to direct staff to begin discussions for
exclusive arrangement with ARCADD, Inc. on the former AMC Theatre site.
Councilmember Kochmar second.
AMENDMENT: Deputy Mayor Duclos moved to amend the motion to say "and return
to the City Council on or before October 18, 2011." Councilmember Park second
VOTE ON AMENDMENT: Motion carried 7-0.
VOTE ON MAIN MOTION AS AMENDED: Motion carried 7-0.
7. ORDINANCES
First Reading:
a. CB #576 Amendinq Federal Way Revised Code Chapter 2.05 Article II,
Reqardinq Public Defense Standards
An Ordinance of fhe City of Federal Way, Washington relating to public defense; amending
sections of Chapter 2.05 of the FWRC.
Administrative Services Director Bryant Enge stated the Federal Way Revised
Code (FWRC) does not establish caseload limits for Public Defense Standards.
The Code provides public defenders not to accept more cases than can be
reasonably managed and provides caseload limits be based on the number and
types of cases anticipated. Staff is proposing an amendment to the FWRC that
provides guidance on the number and types of cases determining caseload limits.
For determining caseload limits, public defenders will consider the number and
types of cased being accepted for charging by the City Prosecutor.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Burbidge moved to forward approval of the
ordinance to the August 2, 2011 City Council meeting for adoption.
Councilmember Freeman second. VOTE Motion carried 7-0
b. CB #577 Amendinq Federal Wav Revised Code 3.35.030 Reqardinq
Aqqressive Beqqinq
An Ordinance of the City of Federal Way, Washington relating to aggressive begging
amending FWRC 6.35.030.
Assistant City Attorney Amy-Jo Pearsall stated section 6.35.030 of the Federal
Way Revised Code (FWRC) sets forth the prohibition of aggressive begging. In
June 2011 a King County Superior Judge found portions of FWRC 6.35.030 to be
unconstitutionally vague as applied. Staff is proposing amendment to the FWRC
to clarify that prohibited behaviors are unwanted acts of intimidation and
interference with pedestrian and vehicular traffic, rather than the actual act of
begging which is constitutionally protected speech. This amendment is based on
Seattle's Pedestrian Interference ordinance, which has been challenged and
upheld as constitutional.
City Clerk McNeilly read the ordinance title into the record
MOTION: Councilmember Burbidge moved to forward approval of the
ordinance to the August 2, 2011 City Council meeting for adoption.
City Council Minutes — July 19, 2011 Regular Meeting Page 4 of 6
Councilmember Park second. VOTE: Motion carried 7-0.
First Reading and Enactment:
c. CB #578 A six-month moratorium on cannabis related collective qardens
(ADDED ITEM)
City Attorney Pat Richardson stated the past legislative session Legislature
passed Bill E2SSB 5073 (effective date July 22, 2011) authorizing cannabis
related businesses, but the Governor vetoed substantial portions of the bill. One
provision of the bill that remains allows for qualifying patients to grow cannabis
in collective gardens. This would allow 45 plants in one area. The City does not
regulate collective gardens and this moratorium would preserve the status quo
for six-months while the City reviews the issue. If the ordinance is approved, the
City will conduct a public hearing on September 6, 2011.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Kochmar moved approval of and adoption of
Council Bill #578; a six month moratorium regarding cannabis related
collective gardens, and setting a public hearing regarding the moratorium
at the September 6, 2011 City Council meeting. Councilmember Freeman
second. VOTE: Motion carried 7-0. Ordinance 11-695.
Second Reading:
d. CB #575 Citizens Initiative and Referendum Process
An Ordinance of fhe City of Federal Way, Washington, relating to Processing Citizen Initiatives
and Referendums; amending FWRC 1.30.070 repealing FWRC 1.30.080; 1.30.090; 1.30.100;
1.30.110; 1.30.120; 1.30.130; 1.30.140; 1.30.150 and 1.30.290.
City Clerk McNeilly read the ordinance title into the record.
MOTION: Councilmember Park moved approval of the ordinance. Deputy
Mayor Duclos second. VOTE: Motion carried 7-0. Ordinance 11-694
8. COUNCIL REPORTS
Councilmember Freeman thanked Betty Taylor for speaking about the National Night Out
Event during the public comment period.
Councilmember povey reported on the upcoming Sand Sculpture Event in Federal Way. He
also reported Cascade Med Tech has signed up a new business.
Councilmember Burbidge reported on a South County Area Transportation Board meeting she
attended. She reported on the FUSION event that will be held at Dumas Bay Center.
Councilmember Park announced the next FEDRAC meeting would be July 26.He also
reported on upcoming meetings he will be attending.
Councilmember Kochmar reported on a Suburban Cities Association Economic Development
District meeting she attended and noted the next LUTC meeting would be August 1, 2011.
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Councilmember Ferrell gave no report.
Deputy Mayor Duclos reported on a King County Solid Waste Committee meeting she
attended.
9. MAYOR'S REPORT
Mayor Priest reported the Council would be adjourning to executive session.
10. EXECUTIVE SESSION
The Council adjourned to executive session at 9:14 p.m. to discuss collective bargaining
pursuant to RCW 42.30.140(4)(b) for approximatelyforty-five minutes. The Council adjourned
from executive session at 9:43 p.m.
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 9:43 p.m.
Attest:
Carol McNeilly, CMC, ity Clerk
Approved by Council: August 2, 2011
City Council Minutes — July 19, 2011 Regular Meeting Page� 6 of 6