Council MIN 11-05-2013 RegularCITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
November 5, 2013
6 :00 p.m.
www. cityoffederalway. com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 6:05 p.m.
City officials present: Mayor Skip 'Priest, Deputy Mayor Jim Ferrell, Councilmember Kelly
Maloney, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember
Bob Celski, Councilmember Diana Noble - Gulliford and Councilmember Dini Duclos.
City staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly.
2. PLEDGE OF ALLEGIANCE
Two members of Boy Scout Troop #725 led the Pledge of Allegiance.
Motion: Councilmember Celski moved to amend the agenda to add a one -year
moratorium on marijuana collective gardens and other activities involved in the sale,
manufacturing, or distribution of marijuana; setting a date for a Public Hearing; and
amending the Planning Commission Work Plan. Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble - Gulliford Yes
Councilmember Duclos Yes
Motion carried 7 -0.
Mayor Priest noted this item will be the first item under section 7. Ordinances.
As public facilities cannot be used for campaign purposes, CityAttorney Richardson reviewed
the guidelines regarding campaigns and ballot propositions as provided by the Public
Disclosure Commission.
City Council Minutes — November 5, 2013 Regular Meeting Page I of 8
3. PRESENTATIONS
a. Proclamation: National American Indian Heritage Month
Councilmember Noble - Gulliford stated the Puget Sound Region's history is profoundly
influenced byAmerican Indian tribes. Our vocabulary is sprinkled with words like Chinook
and potlatch, and our landscape is teeming with place names like Puyallup, Tumwater and
Nisqually. Prior to the 1900s, people from the Muckleshoot Tribe regularly visited the
Federal Way area to hunt, fish, and gather clams. Recognizing the roleAmerican Indians
have played in the region, and in Federal Way, is an important step in understanding our
history. Councilmember Noble - Gulliford read the proclamation into the record and
presented it to Val Ciampi, an officer of the Lakota Chapter of the Daughters of the
American Revolution. Ms. Ciampi thanked the Council.
b. Proclamation: Pancreatic Cancer Awareness Month
Councilmember Burbidge stated pancreatic cancer strikes thousands of Americans every
year, often with devastating consequences. Yet, it is a disease that doesn't receive much
public attention. As we've learned from the battles against other forms of cancer,
increased awareness and attention is a key to improving detection, treatment, and
ultimately survival. Councilmember Burbidge read the proclamation into the record and
presented it to Federal Way residents Tom and Ann Hagensen. Ms. Hagensen thanked
the Council and spoke to the importance of both the proclamation and the recognition of
the seriousness of this disease. Mayor Priest committed to provide a copy of the
proclamation to Congressman Adam Smith.
c. Certificate of Recognition: Lamar Neagle
Councilmember Maloney announced the Mayor and Council are pleased to recognize
Lamar Neagle, a Federal Way native and Seattle Sounder player. Most everyone in
Federal Way is familiar with Lamar's achievements on the soccer field, where he has
scored 8 goals in 30 appearances this year, helping lead the team to its 5th straight playoff
appearance. As a professional athlete, he is committed to using his status to help his
hometown and be a role model and helping hand for young people. Councilmember
Maloney noted when she worked with the Chamber of Commerce and the City to develop
the "Think Federal Way" campaign, Lamar agreed to help promote his hometown by
appearing in a commercial and ad campaign. He has also supported the boys and girls
soccer teams at his alma mater; Thomas Jefferson High School. Lamar established the
Neagle Foundation to support youth in athletics and academics throughout the Seattle
area. He helped raise $7,000 for America Scores Seattle, Boys & Girls Club of Bellevue
and King County, Special Olympics Washington, Washington Global Health Alliance and
Washington Youth Soccer. He also worked with America SCORES Seattle, donating
soccer clinics and helping to raise awareness for their 60 -60 -60 Campaign to promote
literacy and community involvement for youth from under - served communities. Last week,
in recognition of his tremendous commitment to the community, the Sounders named him
the team's Humanitarian of the Year. Councilmember Maloney presented Mr. Neagle with
a certificate of recognition for his community work. Mr. Neagle thanked the Council forthe
recognition and stated he feels it is important to give back to his community.
d. Mayor's Emerging Issues
There were no emerging issues.
4. CITIZEN COMMENT
Joann Piquette provided a report on the recent activities of the Federal Way Coalition of the
Performing Arts. The Coalition has been conducting fundraising events and the grant writing
committee recently completed three grant applications. The coalition is hosting a
City Council Minutes — November S, 2013 Regular Meeting Page 2 of 8
fundraiser /concert November 23rd and they are continuing to provide public presentations with
various community service groups.
Norma Blanchard stated the Mayor previously remarked that the PACC would fail if it was put
to a vote of the citizens. Also, she believes comments provided at the beginning of the
meeting concerning the use of public facilities and campaigns should no longer be made as
she believes the Mayor did not previously abide by them.
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 approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.,
a. Minutes: October 15, 2013 Special and Regular Meetings, and October 29, 2013 Special
Meeting
b. Vouchers
c. Monthly Financial Report
Pulled from Consent Agenda
e. Community Center Splash Cafe Operations
f. Amend the NSP3 Grant for Acquisition and Repair of Greater West Way Homes
Motion: Deputy Mayor Ferrell moved approval of Consent Agenda items 5.a. through 5.f.
Councilmember Duclos second.
Councilmember Burbidge pulled item 5.d Fall 2013 Tourism Enhancement Grant Applications.
Vote: On items 5a, 5b, 5c, 5e and 5f.
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble- Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
5.d. Fall 2013 Tourism Enhancement Grant Applications
Councilmember Burbidge reported that she would recuse herself from voting on this item due
to a conflict of interest. Councilmember Honda stated she is able to vote on this item as she
no longer serves as a board member of the Federal Way Farmers Market. (The Agenda Bill
contained a scrivener's error regarding the Tourism Enhancement Grant award for the King
Aquatic Club, erroneously implying that the Lodging Tax Advisory Committee had
recommended a $5,000 award, while no ($0) award was recommended, as confirmed by
LTAC members and staff present at the 10116113 meeting and the corresponding draft
minutes. This error is additionally corroborated by the fact that the total of all TEG awards
shown at the bottom of the TEG award table is a figure that does not include the erroneous
$5,000 award.)
Motion: Councilmember Honda moved to award the Fall 2013 Tourism Enhancement
Grant Applications as recommended. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
City Council Minutes — November S, 2013 Regular Meeting Page 3 of 8
G.1
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Recused
Councilmember Celski
Yes
Councilmember Noble- Gulliford Yes
Councilmember Duclos Yes
Motion carried 6 -0. Councilmember Burbidge recused.
COUNCIL BUSINESS
a. Police Lieutenants' Collective Bargaining Agreement
City Attorney Pat Richardson reported the lieutenants have ratified the proposed Collective
Bargaining Agreement. The agreement includes comparable benefits to the Guild such as
increased holiday hours; a portion of sick leave to be paid into LEOFF II upon retirement;
a wage increase based upon a differential between lieutenant and police officer wages
and a change of their health care plan to Group Health. If approved, the agreement will
be effective until the end of 2014.
Motion: Deputy Mayor Ferrell moved approval of the Police Lieutenants' Collective
Bargaining Agreement. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble- Gulliford Yes
Councilmember Duclos Yes
Motion carried 7 -0.
b. Resolution: Establishing a Self- Insured Medical and Prescription Benefit Program
City Attorney Pat Richardson stated the primary concern with self - insuring is solvency. The
State requires a sufficient amount in reserves; plan funding and reserve liability
calculations to be performed annually by an actuary, and a claim audit every three years.
Based on the actuary report the recommendation is to pre -fund $315K in 2014. This
provides a buffer if first year claims exceed the projected amount. It also helps the plan
reach a target reserve goal and reduces projected increases for 2015 -16. The City would
purchase stop -loss insurance to reduce liability for large claims and overall claims that
exceed the expected amounts. The City has implemented a Wellness Program and
encourages participation from employees and their dependents. Group Health would
continue to provide healthcare services to employees and their dependents. Shifting to
self- insured status provides plan flexibility to avoid the 2018 Cadillac Tax associated with
the Affordable Care Act.
Motion: Deputy Mayor Ferrell moved approval of the Resolution establishing a self -
insured medical and prescription benefit program. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
City Council Minutes — November S, 2013 Regular Meeting Page 4 of 8
Councilmember Noble - Gulliford Yes
Councilmember Duclos Yes
Motion carried 7 -0. Resolution 13 -650
c. Cancelation of the December 17 2013 Regular City Council Meeting
Motion: Deputy Mayor Ferrell moved to suspend Council Rule 2.1 for the purpose of
cancelling the December 17, 2013 Regular City Council Meeting. Councilmember
Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble- Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
Councilmember Celski
7. ORDINANCES
First Reading and Enactment — Added Item
Motion: Councilmember Celski moved to suspend Council Rule 2.2(8) to allow
for first reading and enactment
of the proposed moratorium ordinance.
Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble- Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
CB# 633 A one -vear moratorium on mariivana collective gardens and other activities
involved in the sale manufacturing or distribution of marijuana: setting a date for a
public hearina: and amendina the Planning Commission Work Plan.
An Ordinance of the City of Federal Way, Washington, imposing a one -year moratorium on
marijuana collective gardens and other activities involved in the sale, manufacturing, or
distribution of marijuana; setting a date for a public hearing; and amending the Planning
Commission Work Plan.
Assistant City Attorney Peter Beckwith stated a moratorium is authorized by state law.
The proposed one -year timeframe would provide an opportunity to thoughtfully
address the issues associated with collective gardens and other activities related to
marijuana without taking a stance for or against the issue at this time. Mr. Beckwith
anticipates medical marijuana laws may be amended in the 2014 Legislative Session.
Mr. Beckwith spoke about a lawsuit currently in the State Supreme Court involving the
City of Kent's ban of medical marijuana collective gardens.
City Council Minutes — November 5, 2013 Regular Meeting Page 5 of 8
The Liquor Board will begin accepting applications on November 18th and anticipates
issuing licenses in the spring of 2014. If the Council approves the moratorium, a public
hearing on this item will be held December 3`d
Councilmember Noble - Gulliford asked Mr. Beckwith about conflicting marijuana
laws /moratoriums between neighboring cities. Mr. Beckwith replied one of the benefits
of the one -year moratorium would be to better understand the ramifications of how the
issue is regulated in our neighboring cities.
City Clerk McNeilly read the ordinance title into the record.
Motion: Councilmember Celski moved approval and adoption of the one year
moratorium on marijuana collective gardens and other activities involved in the
sale, manufacturing, or distribution of marijuana; setting a date for a public
hearing; and amending the Planning Commission Work Plan. Councilmember
Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble- Gulliford
Yes
Councilmember Duclos Yes
Motion carried 7 -0. Ordinance 13 -749
Second Reading
a. CB# 631 Amendments to Federal Wav Revised C_ ode (FWRC) Chapter
19.115.020. "Community Desian Guidelines, Administration"
An ordinance of the City of Federal Way, Washington, relating to an amendment to the
Administration Section FWRC 19.115.020 of the Federal Way Zoning and Development.
(Amending Ordinances 09 -604, 07- 554, 06 -515, 03 -443, 01 -382, 99 -333, 97 -291 and 96-
271)
At their October 15th meeting the Council received a presentation on this item and
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 adoption and enactment of the
amendments to Federal Way Revised Code Chapter 19.115.020 "Community
Design Guidelines, Administration." Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0. Ordinance 13 -750
City Council Minutes — November S, 2013 Regular Meeting Page 6 of 8
b. CB# 632 Steel Lake — Lake Management District Time of Payment
An ordinance of the City of Federal Way, Washington, establishing the time of payment,
interest, and penalties to be imposed on delinquent Annual Special Assessments for the
Lake Management District No. 1 for Steel Lake, and amending Ordinance 13 -744 deleting
the automatic inflation increase.
At their October 15th meeting the Council received a presentation on this item and
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 adoption and enactment of the Steel
Lake Management District Time of Payment ordinance. Councilmember
Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0. Ordinance 13 -751
8. COUNCIL REPORTS
Councilmember Duclos did not provide a report.
Councilmember Noble - Gulliford expressed her appreciation for the Council recognizing Native
American History month and noted the Historical Society has a link on its website,
www.federalwayhistory.org.
Councilmember Celski attended DaVita's grand opening a few weeks ago. DaVita employs
350 people and he is pleased to have them in the community.
Councilmember Burbidge reported the next Lodging Tax Advisory Committee meeting is
scheduled for November 20th. Sound Transit is hosting a meeting at the Federal Way
Community Center on November 13th focusing on their Long -Range Plan. The Federal Way
Symphony will be performing The Messiah on Sunday, November 17th
Deputy Mayor Ferrell attended the Chamber of Commerce's Auction Gala. He provided a
summary of King County Prosecuting Attorney Dan Satterberg's presentation at the recent
Good Eggs Breakfast meeting hosted by Peter von Reichbauer.
Councilmember Honda stated the next Parks, Recreation, Human Services and Public Safety
Council Committee Meeting will be November 12th. She announced the upcoming Veterans
Day Event entitled ``Honoring Our Own," sponsored by the Historical Society and the Kiwanis
Club. The event will be held on November 11th at Todd Beamer High School staring at 6:00
pm.
Councilmember Maloney did not provide a report.
9. MAYOR'S REPORT
Mayor Priest provided no report.
City Council Minutes — November S, 2013 Regular Meeting Page 7 of 8
10. EXECUTIVE SESSION
The Council did not adjourn to Executive Session.
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 6:51 p.m.
Attest:
rol McNeilly, CMC, City
Approved by Council: November 19, 2013
City Council Minutes — November S, 2013 Regular Meeting Page 8 of 8