Council MIN 10-21-2014 RegularCITY OF
Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
October 21, 2014 — 7:00 p.m.
www.cityoffederalway.com
CALL MEETING TO ORDER
Mayor Ferrell called the regular meeting to order at 7:07 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob
Celski, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Bob Kellogg led the flag salute.
3. PRESENTATIONS
a. Recognition of Youth Artists /Town Square Park Murals
Mayor Ferrell read and presented the Certificate of Recognition to Terry Hickel and the
Advancing Leadership Youth 2.0 Students and Student Artists who were in attendance at the
meeting. The Mayor had tasked the group of students to add art to the park on the back wall
which was currently white. The Students thanked the Mayor and Council for entrusting them
with this project and noted they are proud of what they have created in the park for the
community.
b. Arts Alive Presentation /Arts Commission
Recreation Coordinator Cody Geddes introduced Arts Commissioner Lori Welsh who
announced the winners of the Juried Art Show for the Commissioners Choice and the Juror's
Choice. She encouraged everyone to view the artwork on display at City Hall and vote for your
favorite before October 31 sc
c. Certificate of Appointment — Diversity Commission
Although unable to attend Councilmember Honda was pleased to read the Certificate of
Appointment to Christina Lombard who was recently appointed to the Diversity Commission.
d. Proclamation: Breast Cancer Awareness Month — October
Councilmember Duclos read and presented the Breast Cancer Awareness Month
Proclamation to Federal Way Police Officer Stacy Eckert. She thanked the Mayor and
Councilmember for this honor. She stated a postcard saved her life at the age of 40 in 2011.
Federal Way City Council Regular Minutes Page I of 7
October 21, 2014
She noted early detection is the key.
f. Mayor's Emerging Issues and Report
Mayor Ferrell asked Emergency Manager Ray Gross to give a presentation on the Ebola Virus
and its ramifications in King County. Mr. Gross gave brief presentation to Council noting King
County Public Health would take the lead if there are any noted cases that come forward in
this area. He reviewed the current identified cases and the incubation period.
Councilmembers thanked Mr. Gross for the information and asked various questions
regarding the Center for Disease Control involvement and the important collaboration between
local agencies including King County Public Health, South King Fire and Rescue and the City.
Mayor Ferrell reminded citizens of the next Mayor's Neighborhood Connection meeting at
Wildwood Elementary on October 23rd. He stated there will be presentations by many city
departments and is an effort to bring City Hall to the neighborhoods.
He also thanked Bob Kellogg who brought forward the idea of the Veterans Flag pole in the
downtown. He feels this will make a bold statement and he will be joined with Mr. Kellogg and
King County Councilmember Pete von Reichbauer when they raise the flag on 320th Street on
Veterans Day. There will be a full program honoring veteran's including a high school band,
and Federal Way Police Color Guard. Mayor Ferrell also encouraged citizens to attend the
Veterans Day Program later in the day at Todd Beamer High School.
He reviewed the remaining Public Meetings to be held on the 2015 -2016 Biennial Budget; the
first reading of the Budget Ordinance will be after the two Public Hearings on November 4th
and 18th. Enactment is currently scheduled for December 2 "a
4. CITIZEN COMMENT
Tim Burns spoke in opposition of a proposed ban on recreational and medical Marjuana sales in
Federal Way. He believes Council should listen to the voters who approved 1 -502.
Bob Kellow, thanked the Mayor and Councilmembers for the improvements in the Downtown area
which honor Veterans. He looks forward to the event on November 11th
Karen Russell, Area Manager for King County Public Health in Federal Way and Auburn, thanked the
Mayor and City Council for their action in preventing the closing of the Federal Way Clinic. A few of
her staff members distributed Thank You cards to the Council.
Battery Bob (Robert Miller) distributed information regarding President Obama's "My Brother's
Keeper" Program and Community Challenge.
John Tsakonas, distributed literature regarding 1 -502 and stated he supports medical and recreational
use of marijuana products in Federal Way. He stated the industry is highly regulated and have to
follow strict guidelines.
Sheryl Nevers spoke of opposition to allowing medical or recreational marijuana establishments in
Federal Way. She stated it is not what is good for Federal Way.
Federal Way City Council Regular Minutes Page 2 of 7
October 21, 2014
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 7, 2014 Regular and Special Meetings
b. Nautilus '14 NTS — S 304th Place (1st Ave S to 4th Ave S)
c. Demolition of Structure at 28866 Pacific Hwy S — Project Acceptance
d. 2015 Pedestrian Safety Program — Authorization to Bid
e. S. 320th Street — Provision of Honorary Name of "Veterans Way"
f. Purchase Two (2) New Honda Police Motorcycles
g. Washington Traffic Safety Commission (WTSC) Grant for Impaired Driving, Seat Belt
and Distracted Driving Enforcement
h. Interlocal Agreement with King County, for use of Electronic Fingerprint Equipment
Provided by the Regional AFIS Program
T- Mobile Site Lease Renewal — Lakota Park
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A -I AS
PRESENTED; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously 7 -0 as
follows:
Deputy Mayor Burbidge
yes Councilmember Celski yes
Councilmember Assefa- Dawson
yes Councilmember Moore yes
Councilmember Maloney
yes Councilmember Duclos yes
Councilmember Honda
yes
6. COUNCIL BUSINESS
a. Lodging Tax Advisory Committee Re- Appointments
Councilmember Maloney stepped out of Council Chambers for a brief minute.
DEPUTY MAYOR BURBIDGE MOVED TO RE- APPOINT JENNY VASQUEZ, JOANN PIQUETTE,
AND ROSE EHL TO THE LODGING TAX ADVISORY COMMITTEE FOR TWO -YEAR TERMS
EXPIRING OCTOBER 31, 2016; COUNCILMEMBER CELSKI SECOND. The motion passed
unanimously 6 -0 as follows:
Deputy Mayor Burbidge
yes Councilmember Celski yes
Councilmember Assefa- Dawson
yes Councilmember Moore yes
Councilmember Maloney
absent Councilmember Duclos yes
Councilmember Honda
yes
Councilmember Maloney returned to Chambers.
7. ORDINANCES
First Reading /Enactment
An Ordipapr--e of the City of Federal Way-, washington, f;q�ating to prohibNng all
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October 21, 2014
Associate Planner Stacey Welsh gave a brief presentation on the history of this item including
previous Council Action and Commission and Committee recommendations.
Councilmembers discussed their stance on allowing marijuana businesses in Federal Way.
Councilmember Celski stated he agrees with Sheriffs and Police Chiefs and is concerned with
the message it sends to young people and would like to see Federal Way known for its positive
energy, great parks and its vision. Councilmember Honda stated she appreciates the work of
the Planning Commission however would like to hear more public input.
COUNCILMEMBER HONDA MOVED TO EXTEND THE MORATORIUM ON MARIJUANA
COLLECTIVE GARDENS AND OTHER RELATED ACTIVITEIS INVOLVED IN THE SALE,
MANFACTURING, OR DISTRIBUTION OF MARIJUANA FOR SIX MONTHS.
COUNCILMEMBER DUCLOS SECOND.
Councilmember Duclos feels she would like a little more time to make an informed decision as
53% of Federal Way residents voted for this initiative. Councilmember Maloney stated although
it was approved by voters, they need to decide if it is right for our community. She is also
concerned with the tax revenue going directly to the state and not cities.
Deputy Mayor Burbidge thanked her colleagues for their thoughtful comments and also feels
Council has not had the opportunity to study and hear from the public as this is a major change
for our city and in the country.
Councilmember Celski noted the current moratorium has been in place for almost a year, and
the public has had the opportunity to speak at Public Hearings at the Planning Commission,
Land Use/Transportation Committee and before the Council. He does not support another
moratorium.
Councilmember Assefa- Dawson stated she has read up on the City of Denver, and would also
like to receive more information before making a decision. Councilmember Maloney noted the
tax implications, lifestyle and the quality of life in our community are the reasons she will not
supporting the motion.
Councilmember Duclos restated she feels a six month moratorium is important to lobby the
state for the tax benefits and study this issue and hear from the citizens while keeping the
status quo. Councilmember Moore agrees with Councilmember Duclos noting the margin of
this vote and the support from constituents, therefore he will support this moratorium one last
time and would like to hear from the public.
City Attorney Amy Jo Pearsall distributed an alternative version (which is currently being
discussed) of the Moratorium Ordinance for which encompasses both recreational use and
medical use into a six month moratorium.
Main Motion passed 5 -2 as follows:
Deputy Mayor Burbidge
yes Councilmember Celski no
Councilmember Assefa- Dawson
yes Councilmember Moore yes
Councilmember Maloney
no Councilmember Duclos yes
Councilmember Honda
yes
Federal Way City Council Regular Minutes Page 4 of 7
October 21, 2014
City Attorney Pearsall noted the previous motion was a show of intention regarding a
moratorium. She stated in order to enact a moratorium without a gap in time, they would need
to suspend Council Rules and have the ordinance title read into the record by the City Clerk.
She also stated if the moratorium in not enacted with a unanimous vote it will not go into effect
for 30 days past publication date which will leave a lapse in coverage of the existing
moratorium and the new effective date of this moratorium should it pass.
She stated the current moratorium expires November 5th; without unanimity this ordinance will
become effective 30 days after passage and publication.
COUNCILEMBER MALONEY MOVED TO SUSPEND COUNCIL RULE 2.2(8) TO ALLOW
FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING;
COUNCILMEMBER MOORE SECOND. Motion passed unanimously as follows:
Deputy Mayor Burbidge
yes
Councilmember Assefa- Dawson
yes
Councilmember Maloney
yes
Councilmember Honda
yes
Councilmember Celski yes
Councilmember Moore yes
Councilmember Duclos yes
City Clerk Stephanie Courtney read the Ordinance title into the record.
b. CB #658 Ordinance — Extend Moratorium on Medical Marijuana
REVISED CB #658 Ordinance — Extend Moratorium on Medical and
Recreational Use of Mariivana for six months ORDINANCE #14 -776
An Ordinance of the City of Federal Way, Washington, renewing the moratorium imposed
by Ordinance 13 -749 on marijuana collective gardens and other related activities involved
in the sale, manufacturing, or distribution of marijuana for six months.
COUNCILMEMBER HONDA MOVED APPROVAL OF THE PROPOSED ORDIANCE;
COUNCILMEMBER DUCLOS SECOND.
Councilmember Celski stated he cannot support the motion. Ms. Pearsall stated the
emergency clause in the ordinance will not be valid without a unanimous vote; therefore the
ordinance will not be effective for 30 days. Councilmember Maloney stated she will vote for the
moratorium so that there is not a lapse in the moratorium. City Attorney Pearsall stated the city
has the ability to deny a business license application based on our city code requirement to be
in compliance with federal law.
Main Motion passed 6 -1 as follows:
Deputy Mayor Burbidge
yes Councilmember Celski no
Councilmember Assefa- Dawson
yes Councilmember Moore yes
Councilmember Maloney
yes Councilmember Duclos yes
Councilmember Honda
yes
In response to Council questions; City Attorney Pearsall clarified Council Bill #657 is still before
Council. The action taken was a revised Council Bill #658 to extend the moratorium including
all types of uses (recreational and medical). She stated there has been no action taken on the
Federal Way City Council Regular Minutes Page S of 7
October 21, 2014
proposed ban (Council Bill #657). Mayor Ferrell called for a motion regarding Council Bill #657;
hearing none, the item dies for lack of Council action.
8. COUNCIL REPORTS
Councilmember Assefa- Dawson talked about Federal Way Students 3rd Annual "We Scare Hunger"
on October 31St; their goal is 15,000 lbs. The event begins at 6pm at Town Square Park.
Councilmember Maloney attended the Historical Society Annual Meeting at the Brooklake property;
and thanked them for all they do for the city. She also attended the press conferences for the King
County Public Health Clinic; with King County Executive Dow Constantine and Councilmember Pete
von Reichbauer; she is pleased to see the facility stay open. She reported on the community
notebooks and is thankful for those responses; and thanked Judge David Larson for the "in Her
Shoes" presentation she attended which focused on Domestic Violence and its effects.
Councilmember Honda encouraged youth to apply for the Youth Commission vacancies; applications
are being accepted through October 31 at and are available on the website and city hall. She noted this
is the last Saturday of the outdoor Farmers Market and there will be a pet contest. November 15th the
market will move inside the Mall. She encouraged citizens to attend the Freaky 5K Run which is a lot
of fun each year. The Rhododendron Gardens are having a fall event; she encouraged everyone to
check out the fall colors.
Councilmember Celski thanked the hundreds of Multi Service Center supporters who were in
attendance at the MSC Helps luncheon at Emerald Downs. The event raised almost $43k. He is
pleased the Multi Service Center is developing a Veterans Apartment Facility. He attended the last
tour of Federal Way High School along with approximately 800 other alumni. He extended thanks to
his classmate; Bruce Honda for all he did to pull the event together. The next LUTC Meeting is
Monday November 3`d in Council Chambers.
Councilmember Moore attended the MSC Helps lunch where there were many incredible stories told.
He participated in the Diversity Commission Reading event. He attended the Historical Society's
Annual meeting at Brooklake; he was proud to meet new friends and support the work the Historical
Society is doing. He thanked his collogues for the discussion tonight.
Councilmember Duclos also supported the MSC Helps lunch, quietly from behind the scenes. She
discussed the slated closing of the Public Health clinics in Auburn, Northshore Center and Auburn
Satellite center on the Muckelshoot Reservation area. She feels the county has a duty to solve this
problem and thanked the Mayor and Council for supporting keeping this clinic open in our community.
She reported on the good news in the King County budget and the solid waste division is able to
maintain the rate; therefore no rate increases to our residents. The next meeting of the FEDRAC
Committee is October 28th at 4:30pm in the Hylebos Conference Room.
Deputy Mayor Burbidge announced the next meeting of the Lodging Tax Advisory Board will be
Thursday, November 13th at 8am. She attended a meeting of the South County Area Transportation
Board at SeaTac City Hall where a presentation and discussion with Senator Joe Fain with State
Representative Pat Sullivan and their perspective on the importance of transportation funding in the
future. He also reported on upcoming events in the arts and the community, including the event
"Shindig" on November 1 at which will benefit the PACC at the Twin Lakes Golf and County Club.
Federal Way City Council Regular Minutes Page 6 of 7
October 21, 2014
9. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the regular meeting at
9:08pm.
Attest:
S ep a ie D. Courtney, C C
CIVClerk
Approved by Council: 11 -4--A/
Federal Way City Council Regular Minutes Page 7 of 7
October 21, 2014