Council MIN 10-15-2013 RegularCITY OF
Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
October 15, 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 Susan
Honda, Councilmember Kelly Maloney, 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.
Motion: Deputy Mayor Ferrell
moved to amend the agenda to add the proposed
settlement of the Mayba claim
under Council Business as item "d." 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.
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.
3. PRESENTATIONS
a. Auburn Youth Resources
Community Services Manager Jay Bennett introduced Jim Blanchard, Director of Auburn
Youth Resources. Mr. Blanchard provided a brief presentation on the programs offered by
Auburn Youth Resources and thanked the Council for funding allocated to the chemical
dependency program in Federal Way.
City Council Minutes — October 15, 2013 Regular Meeting Page 1 of 10
b. Certificate of Achievement: Tara Uson-
Councilmember Honda stated the Council is recognizing Tara Uson -Fee, a Senior at Todd
Beamer High School for her community involvement. Tara is captain of her High School
Cheer Squad and also cheers for Extreme Energy All- Stars. She has been competing in
pageants for three years, and this November, she will compete for the National American
Miss Teen title. Tara has volunteered for the Federal Way Farmers Market Apple Fun Run
and the Chili Cook -Off to raise funds for Community in Schools. She also volunteers with
a number of service organizations, including the South Sound Dream Center, Food
Lifeline, Bread from Heaven, the Lighthouse Store House and the Susan G. Komen
Foundation. Councilmember Honda presented Tara with a Certificate of Achievement
signed by the Mayor and Council. Tara thanked the Council for the recognition.
c. Proclamation: Decatur High School DECA Week
Councilmember Maloney stated DECA is student business association at Decatur High
School. Their mission is to prepare emerging leaders and entrepreneurs in marketing,
financing, hospitality, and management. The students at Decatur High School will
participate in leadership activities and business competitions throughout the year. She
read the Proclamation into the record and presented it to Decatur High School students
Madison MaGruder and Camille Sessoms. Madison reviewed the activities occurring
during DECA week and thanked the Council for the Proclamation.
d. Certificate of Appointment: Planninq Commission
At their October 1, 2013 meeting the Council re- appointed Lawson Bronson to a 4 -year
term on the Planning Commission. Councilmember Celski read the Certificate of
Appointment into the record.
e. Arts Alive Juried Arts Exhibition Winners
Earlier this evening the Council attended a reception in the Hylebos Room for the artists
competing in the Arts Alive Juried Art Show. Arts Commission Chair Cat Mason reported
21 artists submitted more than 40 pieces of art for the exhibition which are on display in
the City Hall gallery. Ms. Mason announced the winner of the Jurors Choice Award and
presented it to artist Marian Harter for her painting entitled "End of the Road ".
The Arts Commissioners Choice Award was presented to Susan Pierson for her painting
entitled "Venetian Shadows."
Voting for The People's Choice Award is open through December 20, 2013.
f. Informational Briefing on Status of the Maior Comprehensive Plan Update
Mayor Priest stated the Major Comprehensive Plan Update is a significant project for the
City and is required under the Growth Management Act (GMA). Principal Planner
Margaret Clark, provided a brief presentation, similar to the one at the October 7, 2013
Land Use, Transportation Council Committee meeting. Ms. Clark reviewed the
requirements of the GMA and related timelines between now and the end of June 2015.
g. Mayor's Emerging Issues
King County's Transfer Plan Review Draft: Councilmember Duclos stated she has worked
on the important regional issue of solid waste for many years. One issue Council
addressed at their last meeting was the location of a transfer station in South King County.
Councilmember Duclos noted she was pleased to report the County has listened. On
October 9t" a Draft Transfer Station Plan was issued and presented to the Regional
Committee as well as the Sound Cities Association. While there is limited time to review
the Plan — comments are due October 23`d — it does recommend proceeding with the base
alternate and construction of a South County Transfer Station. A South County Transfer
City Council Minutes — October 15, 2013 Regular Meeting Page 2 of 10
Station will help keep operating costs down for our residents and provide regional equity.
She further remarked upon her understanding that staff provided a copy of the City's
response to the Plan to Council and copies are on the table by the door. Councilmember
Duclos stated her support for staff sending the proposed letter regarding the Draft
Transfer Station Plan.
4. CITIZEN COMMENT
Norma Blanchard commented on the process of retrieving portable signs from the City's sign
jail. She requested the statement provided by the City Attorney concerning campaign activities
be voided based on the Mayor's comments at the October 1, 2013 Council meeting which she
feels was a campaign speech.
Jack Dovey recapped his recent interactions with Police Officers and complimented the Police
Department for their professionalism and efforts in addressing crime within the City.
Kelly Annissipour read two letters into the records stating support for a zoning amendment to
allow pygmy goats within residential areas in the City.
Jim Mast spoke regarding school zone along 21St Avenue Southwest adjacent to Fred Meyer.
He disagrees with statements claiming the school zone is legal as it is currently established.
Ishbel Dickens Director of National Manufactured Home Association spoke in support of
mobile home zoning within the City.
Stephen Alexander, a Camelot Square resident, spoke in support of the City adopting zoning
for mobile home parks.
Pete Gonzales provided a report on the activities and achievements of the Communities in
Schools (CIS) program. He asked the community for support in their programs.
Lonnie Wall asked the Council to preserve mobile home parks for City residents by adopting
specific zoning for them.
Kristin Wilcox shared her experience with pygmy goats and urged the Council to amend
current zoning to allow pygmy goats within residential areas.
Molly Speidel, a Parkwood Lane resident, stated state law only requires property owners to
give mobile home park residents one year notice to vacate. She asked the Council to consider
an ordinance prohibiting mobile home property sales for uses other than mobile home parks.
Kenneth Squier, Vice President of Association of Mobile Home Owners in WA State, asked
the Council to adopt mobile home zoning that excludes parks that do not want to be a part of
the zoning. He asked this item be added to the 2014 Planning Commission Work Program.
Giselle Blanton lives in the Brittany Lane neighborhood. She spoke in opposition of any
change to the Code which would allow pygmy goats in residential areas.
Pamela Maas lives next door to the Annissipour family and stated she does not feel pygmy
goats should be allowed in residential neighborhoods. She asked that Council maintain
current zoning regulations.
City Council Minutes — October 15, 2013 Regular Meeting Page 3 of 10
Taylor Nester shared her experience with pygmy goats and spoke in support of amending the
zoning regulations to allow pygmy goats in residential areas.
Ava Annissipour shared a Power Point presentation in which she provided comments on the
presentation that was provided by City Staff at the last LUTC meeting. She supports
amending the current zoning to allow pygmy goats in residential neighborhoods.
Donna Williams shared her concerns with proposed sex offender housing.
Betty Taylor believes individuals should be allowed to speak on any topic during the public
comment period. She thanked everyone who turned out for the recent event at Waterbury
Apartments.
Kayla Brown shared her experience with pygmy goats and spoke in support of amending the
zoning regulations to allow pygmy goats.
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 1, 2013 Special and Regular Meetings
b. 2013 -2015 Dept. of Ecology Capacity Grant Surface Water Project
c. 2014 Asphalt Overlay Program Preliminary Project List and Authorization to Bid
d. 2013 Asphalt Overlay Project — Final Acceptance
e. S 320th Street Preservation Project— 85% Design Status Report and Authorization to Bid
f. First Amendment to the JGM Technical Services "On Call" Electrical Agreement
g. Program Year 2014 CDBG Annual Action Plan
h. Planning Commission Work Program Amendment - Siting of Group Homes Type III
(Registered Sex Offenders)
Motion: Deputy Mayor Ferrell
moved approval of Consent Agenda items 5.a.
through 5.h. Councilmember Duclos second.
Vote:
Deputy Mayor Ferrell
Yes
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Cblski
Yes
Councilmember Noble- Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 7 -0.
6. PUBLIC HEARINGS
Mayor Priest reviewed the format and procedures for the following Public Hearings:
a. Group Homes Type III (Registered Sex Offenders)
Mayor Priest opened the Public Hearing on Group Homes Type III at 8:28 p.m.
On September 3, 2013 the Council approved and enacted a six -month moratorium on
City Council Minutes — October 15, 2013 Regular Meeting Page 4 of 10
Group Homes Type III. RCW 65A.63.220 and RCW 36.70A.390 require a Public Hearing
be conducted on the moratorium within sixty days of passage of the moratorium.
Assistant City Attorney Peter Beckwith provided background information which was
addressed after staff identified an issue with Group Home Type II within the City. The
approval of ESB 5105 increased the City's ability to regulate sex offender housing.
Mayor Priest called for public comment. No comments were provided.
Motion: Councilmember Celski moved to close the Public Hearing as required by
the moratorium regarding Group Type III Homes. 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.
The hearing was closed at 8:31 p.m.
b. 2013 -14 Biennial Budget/Property Tax Rate
Mayor Priest declared the Public Hearing open at 8:31 p.m. Per RCW 35A.34.110 and
35A.34.120, a Public Hearing must be conducted to consider the proposed 2013 -2014
biennial budget adjustment and proposed property tax rate. Mayor Priest reviewed
upcoming open public meetings to be held related to this topic.
Tho Kraus stated full copies of the biennial budget document were available to the public
as well as posted on the City's website. Ms. Kraus reviewed the purpose and details of the
proposed budget adjustment. After all adjustments, the estimated ending fund balance for
2015 is 4.8M and $2.2M in 2016.
Ms. Kraus reviewed the upcoming budget calendar schedule and noted the Resolution for
the 2014 Fee Schedule has been moved to the December 3rd Council Meeting. She
requested that Council submit any specific comments in 'advance so that answers and
information can be prepared accordingly.
Mayor Priest called for public comment. No comments were provided.
Motion: Councilmember Duclos moved to continue the Public Hearing on the
2013 /2014 Biennial Budget Adjustment and Property Tax rate to the October 29,
2013 City Council Special Meeting. 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.
City Council Minutes — October 15, 2013 Regular Meeting Page 5 of 10
7. COUNCIL BUSINESS
a. Resolution: Establishina the Steel Lake Manaaement District Advisory Committee
Surface Water Manager Will Appleton stated the proposed Resolution would renew the
Steel Lake Management District. He reviewed the purpose of lake management districts
pursuant to RCW 36.61.020, as well as the next steps in the process.
Motion: Councilmember Celski moved to adopt the Resolution establishing the
Steel Lake Management District Advisory Committee. 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. Resolution 13 -649
b. Consider amendina the 2013 Plannina Commission Work Program to add an item related
to the keeping of miniature goats
Planning Manager Isaac Conlen stated this item was initiated via a citizen request and the
Mayor directed staff to research the topic and report back to Council. Mr. Conlen detailed
the methods used to obtain information and to develop a recommendation on this issue.
Mr. Conlen reviewed the City resources associated with allowing goats within residential
neighborhoods as well as staffing resources associated with a zoning change.
Mayor Priest noted if this item is added to the Planning Commission's Work Plan there
would need to be a realistic expectation as to the when it would be addressed given the
many items staff is currently addressing in the Plan.
Councilmembers asked clarifying questions of Mr. Conlen.
Motion: Councilmember Celski moved that the zoning amendment request
regarding miniature goats in residential areas not go forward to the Planning
Commission's Work Plan. Councilmember Duclos second.
Deputy Mayor Ferrell spoke in opposition of the motion.
Councilmembers Celski, Honda, Maloney, Burbidge, Duclos and Noble - Gulliford shared
their reasons for voting in favor of the motion.
Vote:
Deputy Mayor Ferrell
No
Councilmember Maloney
Yes
Councilmember Honda
Yes
Councilmember Burbidge
Yes
Councilmember Celski
Yes
Councilmember Noble - Gulliford
Yes
Councilmember Duclos
Yes
Motion carried 6 -1.
City Council Minutes — October 15, 2013 Regular Meeting Page 6 of 10
c. Letter to Washington State Housing Finance Commission
City Attorney Pat Richardson provided an overview of the draft letter which has been
provided to Council for their approval addressing this topic and the Public Hearings and
public outreach to keep citizens informed.
Ms. Richardson announced the public hearing for the Park 16 Project which is scheduled
for October 24th at 1:00 p.m. in Seattle. Citizens who do not wish to attend were provided
with contact information for submitting written comments.
Council asked clarifying questions; Ms. Richardson and Mr. Conlen provided responses.
Mayor Priest committed to providing follow -up information /details as requested.
Motion: Councilmember Celski moved to approve and send the proposed letter to
the WA State Housing finance Commission. 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.
d. Proposed Settlement A greement Regarding the Mayba Claim for Damages —Added Item
City Attorney Pat Richardson provided a brief background about this claim. She stated that
during mediation the parties agreed to settle this matter for $50,000. The proposed
agreement does not admit any liability on behalf of the City or the Police Officer involved.
Motion: Deputy Mayor Ferrell moved approval of the proposed settlement
agreement on the Mayba claim. 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.
8. ORDINANCES
First Reading
a. CB# 631 Amendments to Federal Wav Revised Code (FWRC) Chapter 19.115.020,
"Community Design Guidelines, Administration"
An Ordinance of the City of Federal Way, Washington, relating to an amendment ito 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)
Contract Planner Jim Harris reviewed the proposed amendments to the design
City Council Minutes — October 15, 2013 Regular Meeting Page 7 of 10
guidelines and their intent. He described the review and approval process.
City Clerk McNeilly read the Ordinance title into the record.
Motion: Councilmember Celski moved to approve the Ordinance and forward it
to the November 5, 2013 Council meeting for second 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 Noble- Gulliford
Deputy Mayor Ferrell moved to suspend the Council Rules to permit the meeting
to continue past 10:00 p.m. 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. CB# 632 Steel Lake — Lake Manaaement 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.
Surface Water Manager Will Appleton reviewed the rate structure, payment due date,
and interest and late penalty fees outlined in the proposed Ordinance.
Council asked clarifying questions relating to the payment structure. Mr. Appleton
provided responses and committed to provide follow -up information as requested.
City Clerk McNeilly read the Ordinance title into the record.
Motion: Councilmember Celski moved to approve the Ordinance and forward it,
to the November 5, 2013 Council
meeting for second 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
City Council Minutes — October 15, 2013 Regular Meeting Page 8 of 10
9.
Councilmember Duclos Yes
Motion carried 7 -0.
Second Reading
c. CB# 630 Diversity Commission Residency
An Ordinance of the City of Federal Way, Washington, relating to the residency requirement for
Diversity Commissioners; amending FWRC 2.65.030. (Amending Ordinance Nos. 92 -141, 93-
203, 96 -283, and 06 -531)
On October 1, 2013 the Council received a presentation on this draft Ordinance. The
Council forwarded the Ordinance to this meeting for second reading and enactment.
City Clerk McNeilly read the Ordinance title into the record.
Motion: Councilmember Honda
Councilmember Burbidge second.
Vote:
Deputy Mayor Ferrell
Councilmember Maloney
Councilmember Honda
moved adoption
Yes
Yes
Yes
Councilmember Burbidge Yes
Councilmember Celski Yes
Councilmember Noble - Gulliford Yes
Councilmember Duclos Yes
Motion carried 7 -0. Ordinance 13 -748
COUNCIL REPORTS
of the Ordinance.
Deputy Mayor Ferrell complimented police staff for their efforts with the Block Watch meeting
at Waterbury Park Apartments.
Councilmember Duclos left the meeting (at 10:04 p.m.) prior to Council Reports.
Councilmember Honda encouraged citizens to take advantage of an opportunity to obtain an
ORCA Card preloaded with $10. She encouraged citizens to contact her or the City to find out
how to get a card and noted the deadline for this is October 31, 2013.
Councilmember Maloney reported she has attended many Advancing Leadership Events
recently, including a government panel for Advancing Leadership Youth. She encouraged
participation in the programs at either the youth or adult level.
Councilmember Burbidge reported the next LTAC meeting is October 16th. Tomorrow she will
attend the Regional Transit Committee meeting. She stated the ORCA card and other transit
information is available at the first floor lobby at City Hall. The Community Caregiving's Souper
Supper fundraiser is scheduled for Oct. 24t * The Federal Way Symphony will be performing
on October 20th at the Twin Lake Golf and Country Club. She extended her appreciation to the
Arts Commission on their reception earlier this evening.
Councilmember Celski reported he participated in the Advancing Leadership Youth
government panel last week. DaVita is hosting their grand opening on Friday from 10:30 a.m.
to noon. Earth Corps is organizing a fall planting on November 2nd in the Panther Lake area
near the Aquatic Center. The next LUTC meeting is November 4th
City Council Minutes — October 15, 2013 Regular Meeting Page 9 of 10
Councilmember Noble - Gulliford announced the Crazy Quitlers of Federal Way will be hosting
a quilt show at the Aquatic Center October 25 — 27 from 10:00 a.m. to 5:00 p.m. A Veteran's
Day event will be held November 11th at Todd Beamer High School. The theme of this year's
event is "Honor our Own" with a community dance event featuring big band music and
ballroom -style dancing.
10. MAYOR'S 'REPORT
Mayor Priest did not provide a report.
11. EXECUTIVE SESSION
The Council did not adjourn to Executive Session.
12. ADJOURNMENT
Mayor Priest adjourned the meeting at 10:12 p.m.
Attest:
Ixg men � ow
Carol McNeilly, CMC, City erk
Approved by Council: November 5, 2013
City Council Minutes — October 15, 2013 Regular Meeting Page 10 of 10