Council MIN 12-01-2015 RegularCITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
December 1, 2015 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the Regular Meeting to order at the hour of 7:04 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, and Councilmember Martin Moore.
City staff in attendance: City Attorney Amy Jo Pearsall and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Presentation of the Colors and Pledge of Allegiance was led by Boy Scout Troop #342.
3. PRESENTATIONS
Mayor Ferrell spoke to express gratitude and appreciation to outgoing Councilmember Bob Celski.
Throughout his term on the Council; which spans 2012 -2015, the Mayor noted he has always been a
calm voice of reason and has always been counted on for thoughtful discussion. As a friend and
colleague, Mayor Ferrell stated he would miss Councilmember Celski and wishes him the best.
Councilmember Duclos concurred with Mayor Ferrell and thanked Councilmember Celski for his "eye
for detail" in reviewing financial reporting. She wished him the best in his future and to his family.
Deputy Mayor Burbidge stated while somewhat in denial about losing Councilmember Celski on the
Council; she has always appreciated working with him and took the time to review and make
thoughtful decisions. Councilmember Honda reminded Councilmember Celski of the night four short
years ago, they were both elected; she thanked him for his friendship and service and wished him
well
Councilmember Maloney thanked Councilmember Celski from whom she has learned a lot and
always appreciated the value in his wisdom. She feels this is a loss to the community; but is happy for
him and wishes him and his family all the best in the future. Councilmember Assefa- Dawson thanked
Councilmember Celski for being an amazing friend and colleague; he will be missed on the Council.
Councilmember Moore reflected on the opportunity to work alongside a longtime friend and mentor
such as Councilmember Celski. He thanked him for challenging him and will always remember to look
Federal Way City Council Regular Minutes Page 1 of 9
December 1, 2015
at the "cost benefit analysis "; he wished him the best in the future.
Mayor Ferrell presented Councilmember Bob Celski with a glass plaque memorializing his time in
office.
Councilmember Celski graciously thanked Mayor Ferrell and Council for the recognition. He spoke
highly of his colleagues and of the amazing city staff and Directors. He recognized his supportive
family, who were in the audience tonight. He noted is has been an honor to serve the community and
will continue to give back. Personally he is looking forward to the birth of his first grandson; and will
enjoy spending time with family.
Councilmember Celski congratulated Councilmember Elect Mark Koppang who is a leader in the
community and feels will be a great asset to the city.
RECEPTION FOR OUTGOING COUNCILMEMBER BOB CELSKI
a. Mayor's Emerging Issues and Report
• Mayor's Veterans Advisory Committee
Mayor Ferrell was pleased to announce the formation of the Mayor's Veterans Advisory Committee
which will be chaired by Councilmember Bob Celski. One of the key elements of the new Town
Square Park, which is slated to open next summer, will feature a Veterans Memorial.
Councilmember Celski thanked Mayor Ferrell for asking him to lead this project. He further thanked
the Council and Directors for planning space for this Memorial, which will become a "marquee" in the
city honoring those who have served, and those who continue to serve our country.
• Annual Holiday Tree Lighting Event at Wild Waves Theme Park —
December 4th at 7:00 p.m.
Parks Director John Hutton reported the Annual Holiday Tree Lighting Celebration will be held this
Friday (December 4th) at 7:00 p.m. This year as the park is under construction, the city is partnering
with Wild Waves Theme Park. The event will feature multiple school choirs; the Thomas Jefferson
Drum Line and an appearance by Santa! He suggested everyone come at 7:00 p.m; the lighting will
be promptly at 7:30 p.m. Wild Waves is granting free entry to families within the Federal Way School
District boundaries.
• Report on Open House — SeaTac Airport/FAA Meeting
Mayor Ferrell reported on the SeaTac Airport Noise /FAA Open House on November 19th. He was
pleased to report the Open House was well attended, and was video recorded for FWTV Channel 21.
Top level representatives from the FAA and the Airport were in attendance and in the end it was a
very productive meeting. Chief of Staff Brian Wilson is in follow up communications with the airport.
Mayor Ferrell acknowledged residents feel home values and quality of life need to be preserved. State
Representative Linda Kochmar has also offered assistance.
• City Council Regular Meeting Cancellation on December 15th
Mayor Ferrell reminded everyone this is the last Regular Council meeting of the year. Canceling
the last meeting of the year is an annual tradition which allows staff and Councilmembers a break
for holiday travel.
Federal Way City Council Regular Minutes Page 2 of 9
December 1, 2015
• Year End Wrap Up
Mayor Ferrell took a few moments to memorialize the accomplishments of the year. He is proud of
work the Council and staff have completed in 2015. These accomplishments include: Work at Town
Square Park, a re- negotiated Centerstage contract; Sound Transit Preferred Alignment vote;
Economic Development in the Downtown; work on bringing a Branch Campus to our city; and the
Performing Arts and Event Center Groundbreaking. He thanked the Council for being policy partners
and for their hard work this year.
4. CITIZEN COMMENT
Catherine North, spoke on allowing marijuana related businesses in the city. She does not believe
prohibition of any kind works. She feels citizens will go spend their money in neighboring cities and
feels it should be accessible to residents.
Jim Stiles, reported on the election results of the advisory vote. He noted as a part of the Council
selected "Con" Committee; he would like to see Council take action to ban marijuana related
businesses as 60% of the voters do not want "pot shops" in the city. He is further concerned over the
new "cooperatives ".
Joann Piquette, gave a brief update from FW Coalition of the Federal Way performing arts. She
reported the seat campaign has kicked off and there will be an event at City Hall on December 10th in
the lobby. Coalition is also preparing grant applications and contacting businesses for sponsorship.
Current to date is $753,534.00 and have additional money they will be collecting in the beginning of
the year.
Terry Thomas, noted he was appointed by Council to represent the "Con" side of the Advisory Vote
regarding Marijuana Related Businesses. He stated he and the fellow committee members took their
roles seriously and worked hard. He expects the Council to act and honor the vote of the people and
ban marijuana related businesses within the city.
Debbie Sabin, spoke to the results of the advisory votes (61% vote against the shops in the city). She
is pleased our city will join 65 other cities in Washington which desire to preserve family friendly
integrity of the city. She encouraged the Council to act the vote of the people and ban marijuana
related businesses in Federal Way.
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: November 17th, 2015 Regular and Special Meeting
b. Monthly Financial Report — October 2015
c. Vouchers — October 2015
d. Authorizing Finance Director to Certify the Levy to the County Legislators
e. RESOLUTION: 2016 Fee Schedule — PULLED /APPROVED SEPARATELY
f. January — June TEG Grant Awards Recommendations — PULLED /APPROVED
SEPARATELY
g. Community Center Pool Chemical Vendor Contract
Federal Way City Council Regular Minutes Page 3 of 9
December 1, 2015
h. Court Security Contract
Mayor Ferrell pulled Consent Item e/Resolution: 2016 Fee Schedule and asked for a presentation.
Deputy Mayor Burbidge pulled Item f /January-June TEG Grant Awards Recommendation for a
potential conflict of interest.
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF CONSENT AGENDA ITEMS A -D; AND G -H
AS PRESENTED; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously 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
COUNCILMEMBER HONDA MOVED APPROVAL OF CONSENT ITEM (f) /JANUARY -JUNE TEG
GRANT AWARDS RECOMMENDATIONS; SECOND BY COUNCILMEMBER MOORE. The motion
passed 6 -0 as follows (Burbidge recused):
Deputy Mayor Burbidge recuse Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Consent Agenda Item (e)/ Resolution: 2016 Fee Schedule
Federal Way Public Schools Assistant Superintendent Sally McLean gave a brief PowerPoint
presentation regarding the 2016 School Impact Fees as reflected in the 2016 City Fee Schedule. Ms.
McLean noted the fees are calculated annually based on a prescribed formula which contains more
than a dozen variables. She noted it has come to the district's attention the calculations were incorrect
and the School Board will need to pass a Resolution in the beginning of 2016 to correct the error. Ms.
McLean requested the city approve the Resolution as presented and further consider an amendment
to the fee schedule once the Multi - Family Fee has been corrected by the School Board.
Councilmembers thanked Ms. McLean for the presentation and asked clarifying questions including
the district's planning and vision for future larger multi - family developments currently in construction, .
including mitigation in currently over - crowed schools.
Ms. McLean noted the district is re- evaluating based on the most recent large multi - family project
impacts. They are working on facilitating space with portables and she noted Federal Way High
School is being built to accommodate a higher number of students.
In response to the question, Finance Director Ade Ariwoola stated the City Council cannot amend the
school district's figure without a resolution from their board. He confirmed Ms. McLean's statement
that as soon as their board makes a modification and submits a resolution to the city; the city can
amend the adopted Fee Schedule. The city does not have the authority to adopt anything higher,
although jurisdictions can adopt the submitted proposal or something lower.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE RESOLUTION ADOPTING THE 2016
FEE SCHEDULE; COUNCILMEMBER CELSKI SECOND. The motion passed unanimously 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
Federal Way City Council Regular Minutes Page 4 of 9
December 1, 2015
6. COUNCIL BUSINESS
a. Authorization to Purchase Spray Park Equipment for Town Square Park
Parks Director John Hutton gave a brief presentation on the Spray Park Equipment for Town Square
Park. He displayed a brief overview of the park design and noted this purchase is a fiscally wise
decision and keeps the project on time and on budget. Mr. Hutton also introduced Deputy Director
Steve Ikerd, who designed the park. All water features are computer controlled and will have multiple
types of nozzles and features which kids love. Computer Controls will also monitor chemical and
water quality verifying safety for users.
He also discussed the plan for the large basalt columns as the centerpiece of the spray park. These
columns will have high shooting nozzles (bored into the centers) which will create height of the water.
feature. He noted the Mayor's recommendation is to move forward with the purchase which is within
previously approved project budget.
Councilmembers asked various questions of Mr. Hutton and Mr. Ikerd including safety of the columns,
and projected life of the columns and /or repair and maintenance concerns. Questions were also
raised about staffing levels for the park, security issues, and the water park ground surface.
Mr. Hutton will check with the supplier regarding maintenance and warranty of the stones. The valves
and controllers are at the site, which are computer controlled. Staff will be checking and confirming
the chemicals levels. Currently the staff levels are based on estimates and will be handled in -house
until further assessment has been made.
Parks Director Hutton noted the park will have security cameras and the Police Substation is very
near. It is a high visibility area with parents who are always a helpful deterrent of unwanted activity. He
noted there will also be security lighting at night and when the spray park is not in use it can be lit as a
fountain. He noted the surface will be an industry standard, brushed concrete finish, which gives grip
and is not harmful to feet.
COUNCILMEMBER HONDA MOVED TO APPROVE THE PURCHASE OF THE SPRAY PARK
MECHANICAL EQUIPMENT IN AN AMOUNT NOT TO EXCEED $179,496.00; COUNCILMEMBER
DUCLOS SECOND. The motion passed unanimously 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
b. Collective Bargaining Agreement with Teamsters
City Attorney Amy Jo Pearsall gave a brief overview of the proposed agreement for one of the four
bargaining units. The current contract expired the end of last year; the proposed agreement would last
through the end of next year.
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE PROPOSED COLLECTIVE
BARGAINING AGREEMENT WITH TEAMSTERS 763; COUNCILMEMBER MOORE SECOND. The
motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
Federal Way City Council Regular Minutes Page 5 of 9
December 1, 2015
c. Steel Lake Advisory Commission Re- Appointments
COUNCILMEMBER CELSKI MOVED THE FOLLOWING APPOINTMENTS OF JOHN PEARSON;
MARK SABOL; TOM DEZUTTER; AND MARGARET REYHNER TO THE STEEL LAKE
MANAGEMENT DISTRICT ADVISORY COMMITTEE WITH TERMS EXPIRING DECEMBER 31,
2017; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously 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
7. ORDINANCES
First Reading /Enactment:
a. Council Bill #697 /Ordinance Prohibiting Marijuana- Related Businesses
APPROVED ORDINANCE #15 -806
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
PROHIBITING ALL MARIJUANA - RELATED BUSINESSES INCLUDING RETAIL,
PRODUCTION, AND PROCESSING AND ENDING A MORATORIUM ON RECREATION
MARIJUANA- RELATED BUSINESSES AND OTHER ACTIVITIES INVOLVED IN
RETAIL, PRODUCTION, AND PROCESSING OF RECREATIONAL MARIJUANA,
(REPEALING ORDINANCE NO. 15 -788)
Senior Planner Stacey Welsh briefed the Council on the Advisory Vote regarding Marijuana related
businesses and other recent changes in State Law. She noted the Council authorized an Advisory
Vote for the November General Election which is non - binding. A "Yes" vote meant the voter was in
favor of marijuana- related businesses locating within the City of Federal Way; and "No" vote meant
the voter was opposed. The Advisory Proposition No. 1 did not pass, with 61 % voting "No ".
She reported on Senate Bill 5052 (Cannabis Patient Protection Act and House Bill 2136
Comprehensive Marijuana Market Reform). Ms. Welsh noted the proposed Ordinance on tonight's
agenda will prohibit marijuana - related businesses and includes both recreational and medical
businesses because these will be merged. She informed the Council on the Medical Marijuana
Cooperatives, which are not considered a business will not be affected by the prohibition.
This ordinance will repeal the recreational marijuana moratorium (Ordinance #15 -788). The
moratorium on medical marijuana and collective gardens will remain in place until its expiration in May
2016.
Councilmember thanked Ms. Welsh for her presentation and asked clarifying questions of her
regarding the cooperatives and marijuana taxes.
COUNCILMEMBER CELSKI MOVED TO SUSPEND CITY COUNCIL RULE 2.2(8) TO ALLOW
FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING; COUNCILMEMBER
MALONEY SECOND. The motion passed unanimously 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
City Clerk Stephanie Courtney read the Ordinance Title into the record.
Federal Way City Council Regular Minutes
December 1, 2015
Page 6 of 9
COUNCILMEMBER CELSKI MOVED TO APPROVE THE PROPOSED ORDINANCE;
COUNCILMEMBER MALONEY SECOND. The motion passed unanimously 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
Second Reading /Enactment:
b. Council Bill #693 /Speed Limit Ordinance — S 352nd Street Extension
APPROVED ORDINANCE #15 -807
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
SPEED LIMITS; AMENDING FWRC 8.30.040 (AMENDING ORDINANCE NOS. 13 -740,
10 -675, 10 -669, 10 -668, 03 -449, 00 -364, 96 -259, 93 -177, AND 90 -29).
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER CELSKI MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously 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
c. Council Bill #694/ Update to Federal Way Revised Code (FWRC) Regarding
Fireworks APPROVED ORDINANCE #15 -808
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, REPEALING
CHAPTER 12.55 RELATING TO FIREWORKS AND ADOPTING NEW CHAPTER 6.63
RELATING TO FIREWORKS.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER HONDA MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously 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
d. Council BiII #695/ 2015 -2016 Mid - Biennium Budget Adiustment APPROVED
ORDINANCE #15 -809
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BUDGETS AND FINANCE, ADOPTING THE AMENDMENT TO 2015 -2016 BIENNIAL
BUDGET.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER MALONEY SECOND. The motion passed unanimously as follows:
Federal Way City Council Regular Minutes Page 7 of 9
December 1, 2015
Deputy Mayor Burbidge yes Councilmember Celski yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
e. Council Bill #696/ 2016 Property Tax Rate APPROVED ORDINANCE #15 -810
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2016.
City Clerk Stephanie Courtney read the Ordinance Title into the record.
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER CELSKI SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Celski yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Maloney yes Councilmember Duclos yes
Councilmember Honda yes
8. COUNCIL REPORTS
Councilmember Assefa- Dawson wished Councilmember Celski all the best and wished everyone
a Happy 2016!
Councilmember Maloney congratulated her newly elected and re- elected colleagues. She reported on
recently attending a meeting at Todd Beamer High School and appreciated the participation of the
student leaders. She thanked the Pro and Con committees who worked on the Advisory Vote. She
wished everyone a Happy New Year, Merry Christmas and Happy Chanukah.
Councilmember Honda promoted the new Parks Brochure noting there are wonderful events and
activities for all ages; and reminded everyone there are scholarships available. She further reported
on another Habitat for Humanity House which was recently dedicated; she thanked Delta Airlines and
its employees for their role in the Habitat program. She attended the AT &T Championship held at the
Aquatics Center and also the 25th anniversary of the pool in our community. Group Health and the Boy
Scouts are collecting sleeping bags, tents, tarps and mats; these items will be taken to the Multi
Service Center and will be given to those in need. She thanked all those who have been working over
the years on a Veterans Memorial for the City; she would like to see more included in the planning
and more families of veterans included. She wished everyone Happy Holidays.
Councilmember Celski thanked everyone for the kind comments. Federal Way is a neat city and we
have great exciting things to offer our citizens. He feels the Town Center will be an amazing addition
for our citizens and he is leaving Council at an exciting time; however feels good with the leadership
and direction. He has one more meeting; the Land Use/Transportation Committee Meeting will be
December 7th at 5:30 pm. He restated serving as a Councilmember has been and honor and a
pleasure and thanked everyone for their support.
Councilmember Moore reported on attending the Airport Noise /FAA Meeting recently and is confident
representatives at the city, state and federal level will come together and advocate for the citizens. He
also reported on attending the King County Aquatics Center 25th Anniversary Event. He specifically
thanked Public Works Director Marwan Salloum for his help in working with constituent issues; Mr.
Sailoum's staff are quick to take care of issues. He recognized Boy Scout Troop #342 and its leaders
who participated in tonight's meeting. He attended the recent informational meeting regarding a
Federal Way City Council Regular Minutes Page 8 of 9
December 1, 2015
Telecare Mental Health Facility in the city; and thanked his colleagues for hearing his proposal
regarding enhancements to make the city budget more user friendly and enhance transparency. He
wished everyone Happy Holidays.
Councilmember Duclos thanked the voters for her successful re- election to the Council and noted she
will miss colleague Bob Celski. She was pleased to report she is headed to Hawaii for her 440th dive
and will be celebrating her birthday on December 15th. The next Finance /Economic Development/
Regional Affairs Committee will be in January.
Deputy Mayor Burbidge reported on attending the SeaTac Airport Noise /FAA Open House at City
Hall. She was impressed by the number of citizens in attendance and their passion for this issue. She
is proud to say the city takes these concerns seriously and it was Federal Way who brought this to the
airport officials to work together on a solution. She wished everyone a joyous holiday and extended
her appreciation to Councilmember Celski and his dedication to the city . She thanked city staff,
Management Team, Councilmembers, and the Mayor for leadership and management. She reminded
everyone of local performances over the holidays and wished everyone a happy holiday.
Mayor Ferrell wished everyone a happy and safe holiday season.
9. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at
9:43 p.m.
Attest:
h„,„ 6024-'
S epl�athie D. Courtney, CMC
Ci lerk
Approved by Council: 01/05/2016
Federal Way City Council Regular Minutes Page 9 of 9
December 1, 2015