Council MIN 09-03-2013 RegularCITY OF
ti Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
September 3, 2013
7:00 p.m.
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Priest called the meeting to order at 7:00 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
Dick Mayer led the Pledge of Allegiance.
As public facilities cannot be used for campaign purposes, City Attorney Richardson reviewed
the guidelines regarding campaigns and ballot propositions as provided by the Public
Disclosure Commission.
Motion: Councilmember Celski moved to amend the agenda to add two ordinances:
1. An ordinance imposing business regulations on significant impact businesses
and adding a new chapter to Federal Way Revised Code Title 12 businesses.
2. An ordinance imposing a six -month moratorium on Group Hones Type III and
other activities in the City's review and permitting sex offender housing and
setting a date for a public hearing.
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.
Motion: Councilmember Duclos moved to amend the agenda to add the Belmor Park
Rezone Request under Council Business as item 6.e. Councilmember Burbidge
second.
City Council Minutes — September 3, 2013 Regular. Meeting Page I of 10
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.
3. PRESENTATIONS
a. Volunteer Spotlight: Blast Off Soccer Tournament
Mayor Priest announced the Federal way Blast Off Soccer Tournament celebrated its 25th
Anniversay this year. Perry and Sharon Woodford have been the tournament directors for
the past 15 years, and have contributed countless volunteer hours to the event. The
tournament brings athletes and their families to the City for recreation, dining, shopping as
well as lodging. Mayor Priest presented the Woodfords with a Certificate of Achievement
signed by the Mayor and Council in recognition of their tremendous volunteer efforts.
b. Proclamation: National Recovery Month
Councilmember Celski read the proclamation declaring September as National Recovery
Month into the record and presented it to Pat Godfrey, Chairman of the King County
Alcohol and Substance Abuse Administrative Board.
c. Proclamation: Constitution Week
Deputy Mayor Ferrell read the proclamation declaring September 17th — 23`d as
Constitution Week into the record and presented it to National Society Daughters of the
American Revolution, Lakota Chapter, Past Regent Margaret Eisaman.
d. Certificate of Appointment: North Lake Management District
At their August 6, 2013 meeting the Council appointed Brian Cleary to serve on the North
Lake Management District. Councilmember Celski read the Certificate of Appointment into
the record.
e. Certificate of Appointment: Board of Ethics
At their August 6, 2013 meeting the Council re- appointed Byron Hiller, appointed Joe
Donaldson as a regular member, and appointed James Englund the Board of Ethics.
Deputy Mayor Ferrell read the Certificates of Appointment into the record.
f. Mayor's Emerging Issues
1. 2nd Quarter Crime Statistics
Police Chief Brian Wilson reviewed the 2nd Quarter crime statistics (April — June) as
well as a six -month comparison (January — June) as well as current law enforcement
efforts that include the Safe City Program, commercial burglary/metal theft prevention
efforts, and crime analysis /crime prevention. For the past two years the City has been
using the National Incident Based Reporting System (NIBRS), this is a substantial
change in the way crime data is reported as the system identifies more crimes than
the previously used Unified Crime Reporting System (UCR). Overall the 2nd quarter
crime is down 3% from last year. Aggravated assault is up 4 %, residential burglary is
down 41 %. There has been an increase in commercial burglary (up 32 %), one factor
impacting this is an increase in metal theft. Robbery statistics did not change, with 28
incidents in both 2012 and 2013. Larceny/Theft is up 9% in part due to retail alcohol
thefts.
City Council Minutes — September 3, 2013 Regular Meeting Page 2 of 10
Simple assault is down 4% and vehicle theft is up 1 %. In the six -month comparison
overall crime did not increase, aggravated assault is down 13 %, residential burglary is
down 32 %, commercial burglary is up 31 %, robbery is down 7 %, larceny /theft is up
10% and vehicle theft and simple assault remained the same.
2. School Zone Safety and Laws
City Traffic Engineer Rick Perez stated on May 21, 2012 the Council approved a
proposal for school zone safety enhancements to enhance the visibility and clarity of
signs in school zones, Sign sizes will be increased (from 8 sf to 18 so, advance school
speed warning signs and variable speed limit signs will also be installed. The school
zones identified for improvements in 2013 are Saghalie Middle School; Spring Valley
Montessori; Twin Lakes Elementary; Brooklake; Panther Lake Elementary and
Sacajawea Middle School. Some retrofits that have occurred include upgrading
pedestrian crossing from regular flashing beacons on multi -lane crossings serving
Saghalie Middle School on 21StAve. SW and SW Campus Drive, and the installation
of school zone flashers at Sacajawea Middle School. As of today, all of the signs have
been installed, the rectangle rapid flashing beacons have been installed for Saghalie,
the school zone flashers have been installed for Sacajawea and the only thing left is
installation of the variable readout speed limit signs which is scheduled to occur in
mid - September.
Mr. Perez provided the following information in response to a recent media article
regarding school zone laws and the 21St Ave. SW photo enforced zone. This zone was
installed pursuant to RCW 46.64.440(1) (not RCW 46.61.440(2) which was quoted in
the media). The City works in conjunction with the School District when installing
school zones. Mr. Perez stated the school zones on 21St Ave SW are in compliance
with all applicable RCW's as well as the Federal Manual on Uniform traffic Control
Devices.
With tomorrow being the first day of school for students Mr. Perez reviewed the
measures in place to ensure safety in coordination with the street projects and current
conditions.
3. Certificate of Municipal Leadership
Mayor Priest announced Councilmember Honda had recently received her Certificate
of Municipal Leadership from the Association of Washington Cities. This program is
designed to enhance the ability of elected municipal officials by providing knowledge
and skills to effectively operate within the law, secure and manage funds and foster
community and staff relationships. Councilmember Honda completed over 30 hours of
training to complete the program and earn this accomplishment.
4. September 5, 2013 City Council Special Meeting
The Council will be conducting a Special Meeting on September 5, 2013 at 6:00 p.m.
in Council Chambers to receive a presentation from Lorax, the contractor for the Civic
Center /Performing Arts Conference Center. The presentation will cover the schematic
design of the project. Citizens are encouraged to attend and provide public input on
the project.
5. Zoning — Pygmy Goats
Mayor Priest provided a summary of a request that was received at the last City
Council meeting from Ava Anissipour asking the City look at amending its current
zoning regulations to allow pygmy goats as pets in residential areas. The City's Animal
Services division responded to a complaint about two goats at the Annispour home.
Under current zoning regulations, goats are not allowed in residential neighborhoods.
City Council Minutes — September 3, 2013 Regular Meeting Page 3 of 10
Community and Economic Development staff has begun looking into this request and
will provide a report to the Land Use, Transportation Council Committee on October 7.
If Committee and Council move forward with this request, it will be placed on the
Planning Commission's Work Plan.
6. August 6th National Night Out Reception
Mayor Priest reported the City Council held a reception at 6:00 p.m. to thank those
who participated in the City's National Night Out event on August 6, 2013.
4. CITIZEN COMMENT
Steven Metzenberg thanked the Council and City for the code enforcement actions that
occurred at a local registered sex offender housing establishment.
Mike Nugent is a homeowner as well as president of the Belmor Park Mobile Park submitted
a letter into the record on behalf of the Belmor Park HOA
Leah Boehm Bradt/ spoke in opposition of developing an apartment complex at the former
School District Bus Barn location.
Mike Craymer spoke in support of allowing pygmy goats in residential areas.
Ishbel Dickens spoke on behalf of representatives of Crestwood, Starwood, Parkwood Lane
and Camelot Mobile Home Parks. She supports mobile home park zoning within the city and
encouraged the Council to move forward with the original recommendation to the Planning
Commission.
Amir Anissipour asked the City to take a look at the purpose of the City Code. Mr. Anissipour
was concerned an animal control officer video - tapedhis daughter with the goat without
parental permission.
Ava Anissipour invited members of the Council as well as city staff to visit her home to see
what life with pygmy goats is like.
Nicole Boises is a pygmy goat breeder and spoke in support or zoning that allows pygmy
goats in residential areas.
Taylor Nester spoke in support of changing the law to allow pygmy goats in residential areas
Mary Ann Sharp lives in the Lakota Beach neighborhood, she would like to see speed bumps
installed in her neighborhood to address speeding vehicles, and a sign stating "no beach
access."
Betty Taylor, a Waterbury Apartment complex resident would like to see a Block Watch
program established at her complex.
Norma Blanchard read a letter she received from City Attorney Richardson into the record.
She feels the City and Mayor have turned the recent investigation into a political issue.
Nancy Combs has lived in Federal Way for many years, she feels the paving the City
performed in her neighborhood has ruined her neighborhood and the city.
Neal Cook a resident of Belmor Park, does not support down- zoning of mobile home parks.
City Council Minutes — September 3, 2013 Regular Meeting Page 4 of 10
David Dillon a Belmor Park resident, spoke in opposition of re- zoning mobile home parks.
Jim Minion a resident of Belmor Park, spoke in opposition of rezoning Belmor Park.
Ronald S. Baer a resident of Belmor Park, who spoke is opposition of down - zoning Belmor
Park.
Edgar Constanza is a medical marijuana patient, who spoke in support of providing citizens
with safe access to medical marijuana within the City.
Richard Stokes asked the Council to continue consideration of the re- zoning of mobile home
parks.
Kristin Wilcox spoke in support of allowing goats in residential areas.
Lorna Murphy Duran a representative with UP With People — shared information about the
organization and noted a Rroup of young individuals will be visiting the area and conducting a
performance on Sept. 20t and 21St in Auburn.
Margaret Hopkins is a Glenwood Estates Mobile Home Park Resident, she asked the Council
to move forward with mobile home re- zoning.
Christy Sigman lives in the neighborhood where the proposed sex offender house may be
placed. she spoke in opposition of allowing this type of housing in her neighborhood.
Caroline Miller shared her concerns with the High Point Apartment Complex development
project.
Peq Altman submitted written comments for the City Clerk to read into the record. Ms. Altman
thanked the Council for being responsive to the Belmor Mobile Home Park residents in
response to their rezone request.
Ericka Delgato spoke in opposition to allowing sex offender housing in her neighborhood.
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: August 6, 2013 Special and Regular Meetings
b. Monthly Financial Report: July 2012
c. Vouchers
d. 1St Amendment for CDBG Emergency Housing Repair Program Contract — Connelly
Roofing, LLC
e. 2nd Amendment for CDBG Emergency Housing Repair Program Contract — TPJ Inc.,
DBA the Plumbing Joint, LLC
f. 2013 -2015 Solid Waste & Recycling Grant Resolution Funding Update — Resolution 13-
644
g. Enterprise 2013 Neighborhood Traffic Safety Project
h. Silver Lake 2013 Neighborhood Traffic Safety Project
City Council Minutes — September 3, 2013 Regular Meeting Page 5 of 10
Transportation Demand Management Implementation Agreement with WSDOT
Lakota Middle School - 13th Avenue SW Sidewalk Connection Grant Acceptance -
Resolution 13 -645
k. South King Fire & Rescue - Interlocal Agreement for Federal Way Police Department Use
of a Portion of Fire Station #63
I. King County Registered Sex Offender Cost Reimbursement Agreement
m. Monument Sign Bid
n. Outdoor Sports Court Resurfacing
Motion: Deputy Mayor Ferrell moved approval of Consent agenda items 5.a.
through 5.n. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Councilmember Maloney
Councilmember Honda
Councilmember Burbidge
Councilmember Celski
Councilmember Noble - Gulliford
Councilmember Duclos
Motion carried
6. COUNCIL BUSINESS
a. Board of Ethics Appointment
At a 5:15 p.m. Special Meeting, the Council interviewed one applicant for appointment to
the Board of Ethics.
Motion: Deputy Mayor Ferrell moved to appoint Fred Neal to the Board of Ethics
as a regular member, and clarify that James Englund's appointment (from
8/6/2013) is as an alternate member. Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
Councilmember Honda Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble - Gulliford Recused
Councilmember Duclos Yes
Motion carried 6 -0.
b. Confirmation of Mayor's Appointments to the Independent Salary Commission
Motion: Deputy Mayor Ferrell moved to confirm the Mayor's appointments to the
Independent Salary Commission.
Councilmember Noble - Gulliford 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
City Council Minutes — September 3, 2013 Regular Meeting Page 6 of 10
Motion carried 7 -0.
c. Resolution: Amending Ethics Code Section 4.3
Motion: Councilmember Duclos moved to amend Section 4.5 of the Code of
Ethics. Councilmember Honda second.
Councilmember Duclos stated she would like to see consistency among all
commissioners, board members and Council when it comes to voting if someone has a
remote interest. As the Code reads now, only Councilmembers with a remote interest
should recuse themselves from voting on an issue involving the other entity.
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. Resolution 13 -644
d. 2013 -14 Mid - Biennium Budget Adjustment Calendar
Finance Director Tho Kraus reviewed the proposed 2013 -14 Mid - Biennium Budget
Adjustment Calendar which was presented to the Finance, Economic Development,
Regional Affairs Council Committee on August 27, 2013.
Motion: Councilmember Duclos moved approval of the 2013 -14 Mid - Biennium
Budget Adjust Calendar as presented. Councilmember Celski 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.
e. Belmor Park Rezone Request — Added Item
Council discussed the history of this request as Belmor Park residents originally requested
this rezone and are now asking to remove the request. Council also discussed the danger
of "spot zoning" and stated they would like to see staff research the concerns of other park
residents in general and how changes in zoning affect their properties.
Motion: Councilmember Duclos moved to amend the Planning Commission's Work
Plan and remove the Belmor Park rezone item. Councilmember Burbidge second.
Duclos restated the motion / Burbidge second.
Deputy Mayor Ferrell Yes
Councilmember Maloney Yes
City Council Minutes — September 3, 2013 Regular Meeting Page 7 of 10
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Gulliford
Yes
Councilmember Duclos
Yes
7 -0.
Yes
7. ORDINANCES
a. CB# 628 Significant Impact Business Regulations - Added Item
An ordinance of the City of Federal Way, Washington, imposing business regulations on
significant impact businesses; adding a new chapter to FWRC Title 12 Businesses.
City Attorney Richardson stated the current City code allows up to five unrelated
individuals in a residence, but is silent if those individuals are all sex offenders or
violent felons. The proposed ordinance would add a new chapter to the City code and
require businesses providing housing to two or more unrelated registered sex
offenders or violent felons within the same dwelling unit have a City business license
and be approved as a Group Home Type III.
Motion: Councilmember Celski moved to suspend Council Rule 2.2 subsection 8
for the process to be first reading and enactment. 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
Motion: Councilmember Celski
moved to approve the ordinance imposing
business regulations on significant impact businesses. 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 -746
b. CB# 629 Moratorium on Groua Homes Tvpe III and Other Activities Related to the
City's Review and Permitting of Sex Offender Housing_— Added Item
An ordinance of the City of Federal Way, Washington, imposing a six month moratorium on
group homes forsex offenders, and otheractivities involved in the City's review and permitting
of sex offender housing and setting a date for a public hearing.
City Council Minutes — September 3, 2013 Regular Meeting Page 8 of 10
Council asked clarification of staff regarding timeline of residents in the current house
and the Department of Corrections awareness and regulation of the location of this
residence. Chief Wilson responded he has 1 FTE equivalent which checks the sex
offenders within the city. Chief Wilson confirmed the Department of Correction has
been contacted with our concerns, and this specific address has been taken off the
approved residences to accept vouchers in response to the City's concerns.
Community Economic Development Department Director Patrick Doherty also noted
the city became aware of this issue through neighborhood complaints. Additional code
violations were found at the residence including number of unrelated residents living in
one household.
Motion: Celski moved to suspend Council Rule 2.2 subsection 8 for the process
to be first reading and enactment.
Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
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 -747
Motion: Councilmember Celski moved to approve the proposed ordinance that
would impose a six month moratorium on Group Home Type III and other
activities related to the City's review and permitting of sex offender houses and
set the public hearing on the moratorium for October 15, 2013. 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
Motion: Deputy Mayor Ferrell moved to suspend the Council Rules to
continue the meeting past 10:00 p.m. Councilmember Honda 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
8. COUNCIL REPORTS
City Council Minutes — September 3, 2013 Regular Meeting Page 9 of 10
Councilmember Maloney reported she was pleased to see so much public participation occur
at the Council Meeting this evening.
Councilmember Honda provided a report on the Apple Festival event and run — with over a
100 participants. Winner of the best Apple Pie in Federal Way was Great Harvest Bakery
receiving first place. Other winners included Marlene's Market and QFC. The next PRHSPS
Meeting is September 10, 2013.
Deputy Mayor Ferrell encouraged citizens to attend the Council Special Meeting on Thursday,
September 5th focusing on the Performing Arts and Conference Center. He also thanked the
citizens who attended and spoke out at tonight's meeting.
Councilmember Burbidge reported the next meeting of LTAC is September 18, 2013, where
they will have an update on the new proposed tourism website. She noted on September 12th
she will be attending Transportation Policy Board for the Puget Sound Regional Council- main
focusing on funding of Transportation projects
Councilmember Celski encouraged citizens to attend the Thursday meeting to hear
presentations from Lorax and review the pro forma and design of the Performing Arts and
Conference Center. He reported the next LUTC meeting is September 9, 2013.
Councilmember Noble - Gulliford thanked the citizens who came and testify on the issues that
are important to them. She highlighted the September 10 Land Use Committee agenda item
presentation on Historic Markers on US 99.
Councilmember Duclos further thanked citizens for speaking out. She stated the County is re-
examining the transfer station siting location. Two of the options under consideration do not
include a plan with a station in the south county area.
9. MAYORS REPORT
Mayor Priest had no report.
10. EXECUTIVE SESSION
0 Potential Litigation Pursuant to RGW 4 2.39.4 1 Q(1)(i)
11. ADJOURNMENT
Mayor Priest adjourned the meeting at 10:03 p.m.
Attest:
Carol McNeilly, C--MC, City erk
Approved by Council: September 17, 2013
City Council Minutes — September 3, 2013 Regular Meeting Page 10 of 10