Council MIN 09-18-2012 RegularCITY OF
� Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETtNG
Council Chambers - City Hail
September 18, 2012
7:00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:03 pm.
Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda
Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember
Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos.
City staff presen#: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Councilmember Honda ied the Pledge of Aflegiance.
3. PRESf�NTATlON�
Councilmember Duclos asked for a moment of silence to honor the two Federal Way
residents who reoently lost their lives while hiking near North Bend.
a. Praclarnation: Mesothelioma Awareness Dav — September 26tn
Councilmember Burbidge announced that Congress has designated September 26t'' as
National Mesothetioma Awareness Day in an effortto raise awareness of the dangers of
asbestos exposure. Approximately 30,000 people in the US are diagnosed with
mesotheiioma each year. Councilmember Burbidge read the proclamation into the record
declaring September 26, 2012 as Mesothelioma Awareness Day in the City of Federal
Way. Diana Stewart and Patricia Dyhrman were in attendance to accept the proclamation.
Ms. Stewart thanked the Council for the proclamation and accepted it on behalf of all of
who have lost their lives to mesothelioma. She noted that on July 4, 2012 a Miles for Meso
run/watk was held in Federal Way and they raised 15K for mesothelioma research.
b. Proclamation: Mavor's Dav of Concern for the Hunqnr — September 22"a
Mayor Priest stated this event is an opportunity for community members to help those who
are less fortunate through food donations. On September 22, 2012 there will be
volunteers collecting food donations from 10:00 am to 2:00 pm at the following locations:
Fred Meyer's at Twin Lakes, Albertson's, Safeway on S. 320�h and Twin Lakes, TOP
Foods and both Wal-Mart locations. Mayor Priest read the proclamation into the record
Ciry Council Minutes — September 18, 2012 Regular Meeting Page 1 of 8
declaring September 22, 2012 Mayor's Day of Concern for the Hungry. Terri Turner from
the MultiService Center was in attendance to accept the proclamation. Ms. Turner
expressed her appreciation for the City's efforts with the Mayor's Day of Concern and
noted Waste Management is also collecting food for this event as part of their weekly
pickup schedule.
c. Proclamation: Wild Waves 35t" Anniversary
Deputy Mayor Ferrell stated he was delighted to recognize the 35th Anniversary of an
exceptional local business, Wild Waves Theme Park. The Enchanted Village Theme Park
opened in 1977 and seven years later Wild Waves Water Park was added to the site. The
park has grown to more than 40 rides and attractions and has become the Northwest's
largest water park. Wild Waves is also an outstanding community partner, supporting
many different charitable causes and working to grow the local economy. Deputy Mayor
Ferrell read the proclamation into the record and presented it to Todd Suchan and Jeff
Stock from Wild Waves. Both men thanked the Council for the recognition and spoke to
the importance of partnering with community organizations such as the City Council,
School District and Police Department.
d. Port of Seattle — Centurv Aqenda
Port of Seattle Commissioner John Creighton provided information on the Port's Century
Agenda — a 25 Year Strategic Plan. Last year they conducted nine community panels on
various aspects of the ports operations. The common theme was the Port's role in job
creation and the proposed Century Agenda will add over 100K jobs over the next 25
years. Tourism is also a large part of their future. One of their goals is to work with
partners across the region for education opportunities. Comments on the draft agenda can
be submitted via the Port's webpage.
e. Certificates of Appointment: CDBG Loan Advisorv Review Committee
At fiheir September 4, 2012 meeting, the Oouncil appointed members to the GDBG Loan
Advisory Review Committee. Councilmember Honda read the Certificates of Appointment
into the record and presented them to the individuals who were present.
f. Certificates of Appointment: Human Services Commission
At their September 4, 2012 meeting, the Council appointed members to the Human
Services Commission. Councilmember Honda read the Certificates of Appointment into
the record and presented them to the commissioners who were present.
g. Police Emplovee Recoqnition Awards
Police Chief Brian Wilson presented the following recognition awards:
Citizen Hardeep Singh (who was not able to attend the meeting) will be presented with a
Police Chief's Commendation for following a suspect and relaying information to the
Police which led to the suspecYs arrest.
Office Ray Bunk (who was not able to attend the meeting) will be presented with a Life
Savings Award. Officer Bunk was the first responder on a call to an unconscious woman.
He administered CPR on the woman and is credited with saving her life.
City Council Minutes — September 18, 2012 Regular Meeting Page 2 of 8
Citizens James Morris (who was not able to attend the meeting) and Cody Marchbanks
were presented with a Police Chief's Citation. Both individuals work in loss prevention at
the Commons Mall and are credited with identifying and assisting Police in a traffic stop
and arrest of a suspected child molester.
Citizen Colin O'Brien was presented with a Police Chief's Citation. He is a member of the
Twin Lakes Security Detail who assisted the Police with identifying a vehicle theft suspect
which led to the arrest of that individual.
Lieutenant Sandy Tudor, Lieutenant Casey Jones and Officer Ray Unsworth were
presented with Life Savings Awards for their actions after responding to a call of an
unconscious woman who was not breathing. The Officers administered CFR and are
credited with saving the woman's life.
Officer Andy Hensing was presented with a Medal of Distinguished Service for his actions
whiie assisting the Secret Service in responding to a threat against the President. O�cer
Hensing took action to disarm the suspect while investigating the threat, likely saving the
Secret Service Agents life and playing a crucial role in the apprehension of an armed
suspect.
h. Mavor's Emerqinq Issues
■ Red Liqht Photo Proqram
Police Chief Brian Wilson reported the City has 23 school zones throughout the City.
Red-light enforcement equipment has been installed at three of those locations — Twin
Lakes, Saghalie and Panther Lake. The three locations were chosen due to high
volumes of traffic and high number of school zone speeding violations. The goal of the
program is to provide safety for children in school zones. The City implemented the
Red Light Photo program in 2009. Since the implementation of the program there
have been system upgrades and other improvements to increase the accuracy and
accountability of the program. The Panther Lake cameras are hard-wired to the
warning iights and cannot operate independently of those lights. This summer, the City
installed six add'itional flashing lights and school signage at the Panther Lake zone to
increase driver awareness of the school zone and the cameras. With the upgrades to
each location all three camera installations capture the flashing lights which provides
additional verification that the lights are operational when a violation occurs. Overall,
staff is confident with how the system is operating and is committed to continuing to
make improvements when needed. There is additional information regarding red-light
enforcement upgrades on the Police Departments webpage.
4. CITIZEN COMMENT
Norma Blanchard read an article written by Andy Hobbs regarding initiative powers. She
would Iike to see the 90-day timeline for collecting signatures extended.
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 approyal. All items are enacted by one motion. Individual items
may be removed by a Councilmember for separate discussion and subsequent motion.
a. Minutes: September 4, 2012 Special and Regular Meetings
Ciry Council Minutes — September 18, 2012 Regular Meeting Page 3 of 8
b. Emergency Management Grant
c. Amendment for Roofing Services — Dumas Bay
Motion: Deputy Mayor Ferrell moved approval of items 5a through 5c. Councilmember
Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
6. COUNCIL BUSINESS
a. Resolution: Establishinq a Case Weiqhtinq Svstem for Public Defense Standards
Mayor Priest reported the Washington State Supreme Court issued an Order in June
specifying certain criteria to establish the number of cases public defenders can take to
ensure defendants receive proper representation. The timeline to implement the Public
Defense Standards is unclear. The City believes the Standards must be adopted by
October 1, 2012. Staff has spent hundreds of hours developing Standards based on the
cases handled in 2011. Input was solicited from the city's public defender firm and
Federal Way Municipal Court Judges. In addition staff inet with the Office of Public
Defense and Suburban Cites Association. The City will aiso be meeting with Chief
Justice Madsen on September 24, 2012 to seek guidance on interpretation of the Order.
Federal Way is the first City to establish standards and have #hem adopted.
City Attorney Pat Richardson provided an overview of the Public Defense Standards and
reviewed the policies that are outlined in the draft resolution.
Deputy Mayor Ferrell and Councilmember Freeman spoke in support of establishing
Public Defense Standards.
Motion: Gouncilmember Honda moved to approve the resolution establishing a
case weighing system for Public Defense Standards. Councilmember Duclos
second.
Vote:
Deputy Mayor ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember f reeman Yes
Councilmember Duclos Yes
Motion carried 7-0. Resolution 12-624
b. General Liabilitv Insurance
Mayor Priest reported that despite the City's efforts to manage claims and litigation, we
have been experiencing rising premiums with our current general liability insurance
City Council Minutes — September 18, 2012 Regular Meeting Page 4 of 8
carrier - Washington Cities Insurance Authority (WCIA), The City hired an insurance
broker to conduct a market analysis and the recommendation was for the City change
insurance carriers.
City Attorney Pat Richardson stated the City joined WCIA in September of 2008 for a
three-year term followed by one year increments. WCIA is proposing a$251 K increase in
premium costs. The city is obligated to notify WCIA in writing of their intent to terminate
the agreement 12 months in advance. That notification was submitted in 2011.
The recommendation before Council is to terminate the agreement with WCIA and
change to the following insurance carriers:
BRIT for primary general liability coverage - the premium would be $512,134, with
coverage to $10 Million. The policy would have a$250,000 Self Insurance Retention,
which means the City controls the claims and litigation up to $250,000.
Philadelphia for property insurance - the premium would be $47,802, with coverage to
$40.7 Million.
Travelers for public officials and crime fidelity insurance — the premium would be $3,500,
with coverage to $1 Million.
Councilmembers asked clarifying questions ofi Ms. Richardson as well Dan DeLarenzo
from Bannon Carlson and Kessel Inc. the City's insurance broker.
Motion: Councilmember Duclos moved to authorize the City Attorney to formally
notify WCIA that the City is withdrawing from the insurance pool and authorize the
Mayor to execute the necessary documents for the identified companies.
Councilmember Celski second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Gouncilmember Celski Yes
Councilmember Freeman Yes
Counciimember Duclos Yes
Motion carried 7-0.
7. ORDINANCES
First Reading:
a. C6 610: Amendinq FWRC 2.05.170 and 2.05.180 Public Defense Standards
An ordinance of the City of Federal Way, Washington, relating to Public Defense
Standards; amending FWRC 2.05.170 and 2.05. ?80
City Attorney Pat Richardson stated the proposed ordinance would amend
section 2.05.170 of the Federal Way Revised Code {fWRC) to reference the
public defense standards, and section 2.05.180 would reference the O�ce of
Public Defense.
City Clerk McNeilly read the ordinance titte into the record.
Motion: Councilmember Honda moved forward the ordinance to the
October 2, 2012 City Council meeting for second reading and enactment.
Councilmember Freeman second.
City Council Minutes — September 18, 2012 Regular Meeting Page S of 8
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0.
Second Reading:
b. CB 608: Amendment to FWRC Reqardinq Residential Open Space Standards
in the City Center and Citv Center Frame.
An ordinance of the City of Federal Way, Washington, relating to open space
standards for multi-housing in the City Center-Core and City Center-Frame zoning
districts; amending FWRC 19.05.150, 19.100.070, 19.195. 19.225.070 and 19.230.060
At the September 4, 2012 Council meeting, Senior Planner Janet Schull
provided the Council with information on this item. Council forwarded the
ordinance to this meeting for second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved to approve of the ordinance.
Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Kochmar Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Freeman Yes
Councilmember Duclos Yes
Motion carried 7-0. Ordinance 12-727
c. CB 609: Tacoma Public Utilities (TPU) Water Franchise Aqreement
An ordinance of th� City of Federal Way, Washington, granting City of Tacoma
Department of Public Utilities, Water Division, a Municipal Corporation and Public
Utility selling and distributing water within King County, a nonexclusive franchise to
occupy the rights-of-way of the City of Federal Way, Washington, through the
francMise area for the purpose of constructing, maintaining, repairing, renewing and
operating a transmission system and accessories within and through the City of
Federal Way and addressing hydrant costs within City boundaries.
At the September 4, 2012 Council meeting, Parks, Public Works and
Emergency Management Director Cary Roe presented Council with
information on this item. Council forwarded the ordinance to this meeting for
second reading and enactment.
City Clerk McNeilly read the ordinance title into the record.
City Council Minutes — September 18, 2012 Regular Meeting Page 6 of 8
�
9.
Motion: Councilmember Duclos moved to adopt and enact the Tacoma
Public Utilities Water Franchise Agreement. Councilmember Celski
second.
Vote:
Deputy Mayor Ferrell
Councilmember Kochmar
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Freeman
Yes
Yes
Yes
Yes
Yes
Yes
Councilmember Duclos Yes
Motion carried 7-0. Ordinance 12-728
COUNCIL REPORTS
Councilmember Kochmar thanked Councilmember Burbidge for attending the Public Issues
Committee in her place. The Police Department/Fire Department Chili Cook-Offwill be held at
the Farrners Market on September 29, 2012. She thanked the Mayor for participating in the
Mayor's Day of Concern and encouraged everyone to donate food during the event.
Councilmember Honda reported she attended the Federal Way Historical Society Annual
Meeting and barbeque. Applications for Arts Commission contract for services are available
on the City's website. Submissions will be accepted for the Arts Alive Juried Arts Show on
September 26th at City Hall. The Arts Commission is accepting apptications for 2012 Gallery
Program. City staff will be conducting a meeting on September 20, 2012 at 6:00 pm at City
Hall that will focus on sign code regulations.
Deputy Mayor Ferrell had no report.
Councilmember Burbidge reported she will be attending an upcoming meeting of the Regional
Transit Board meeting. On September 25th at 7:00 am there will be a breakfast fundraiser for
the Reach Out organization at the Christian Faith Center. The Federal Way Symphony will
have their first performance of the season on October 7, 2012 at Saint Luke's Church. The Jet
Cities Chorus wilt be performing at the Auburn Performing Arts Center on September 22,
2012.
Councilmember Celski reported the next LUTC meeting is scheduled for October 1, 2012. He
thanked Mike and Carol Stanley for their efforts with the community gardens. Last week he
attended a meeting at the Regional Library that focused on Port of Seattle flight patterns and
their efforts to try to minimize noise all over the region.
Councilmember Freeman encouraged citizens to visit and enjoy the local community gardens.
Councilmember Duclos stated she along with other members of the Siting Committee for the
new South County Transfer Station visited 5 possible sites for a new transfer station. There
will be a public meeting on this topic at the Auburn Senior Center on September 27, 2012.
She attended the Regional Policy Committee meeting last week and they received the final
report for the 2011 Veterans Human Services Levy. They also had a briefing on the Solid
Waste Interlocal Agreement at the meeting. September 25, 2012 is next FEDRAC meeting.
MAYOR'S REPORT
Mayor Priest had no report.
City Council Minutes — September 18, 2012 Regular Meeting Page 7 of 8
10. EXECUTIVE SESSION
Mayor Priest announced the Council would not be adjourning to executive session this
evening. . .
11. ADJOURNMENT
With no additional items on the agenda, Mayor Priest adjourned the meeting at 8:53 pm.
Attest:
Carol McNeilly, CMC City Gler
Approved by CounciJ: October 2, 2012
City Council Minutes — September 18, 2012 Regular Meeting Page 8 of 8