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Home My WebLink About08-09-2022 Council Minutes - RegularCIT V:�A�L Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* *remote attendance option available via zoom August 9, 2022 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:34 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. MAYOR'S EMERGING ISSUES AND REPORT Recent Community Events Mayor Ferrell reported on recent events in the community including the Kiwanis 66th Annual Salmon Bake held at Steel Lake Park on July 22; Movies at Town Square Park on July 23 which showed Disney's Encanto; National Night Out in neighborhoods across the city on August 2; and the African American/Black Community meeting held on August 4. Upcoming Events Mayor Ferrell reported Amazon Fresh will have a Ribbon Cutting on August 11 at 6:45 a.m. at the Commons Mall. The next movie at Town Square Park will be "Jungle Cruise" on August 13 at dusk, estimated at 8:45 p.m. The Performing Arts and Event Center will be celebrating the 5th Anniversary with an event on August 19 and the Lion's Club will be hosting their annual Car Show at the Commons Mall on August 27. Mayor Ferrell referenced the upcoming 2023/2024 Biennial Budget Meetings which will be held in Council Chambers and televised on FWTV Channel 21 and FW YouTube channel. 4. PUBLIC COMMENT Federal Way City Council Regular Minutes Page 1 of 8 August 9, 2022 Gillian Milstein shared concerns about homelessness and drug use aboard the light rail system that is soon coming to Federal Way. She shared stories of some of the negative experiences she has had while using the light rail recently. Roger Flygare expressed his desire to see a Public Market in Federal Way and shared the steps taken to date. Mary Ehlis celebrated the future of Camp Kilworth through the purchase of the property by Forterra. There will be a Public Hearing on August 25 with the King County Historical Landmarks Commission to consider of Camp Kilworth as a potential historical landmark. Ann Michelle Hart shared public markets have impact beyond money; along with goods and services they provide a source of community pride. Cynthia Ricks-Maccotan reported Virginia Mason recently secured a $2 million grant to expand their youth violence prevention program to have greater impact in South King County. As a Human Services Commissioner she offered the Commissions assistance with evaluating ARPA grant requests. Suzanne Vargo shared her belief public concerns were not adequately addressed regarding the Joint Maintenance Facility at Steel Lake. She expressed a desire to have Council discussion prior to Public Comment on the agenda. Anna Patrick shared concern with the amount of subsidized housing in Federal Way; she is concerned the burden it places on the tax -payers. She also questioned the increase in the homeless community and the referrals that come into the city from other jurisdictions. Susan Strong gave a first-hand account of the August 8 shooting on South 320th Street. Ms. Strong shared how crime has changed over her time as a resident. Lamont Styles shared his vision to see more investment in the people of Federal Way. He would like to explore non -police -oriented solutions to community concerns regarding non-violent and behavioral health. Juan Luis Juarez Ramos shared how he has fought hard to avoid the same struggles his family members have faced with substance abuse; he encouraged Council to provide more opportunities for the youth. Dara Mandeville referenced a newspaper article regarding the tragic death of a 23-year old woman in Seattle and she expressed concerns about the King County Health through Housing (Extended Stay) and asked for an update on licensing requirements. Mayor Ferrell requested a staff presentation at the next council meeting regarding the result of Council Bill 820, which Ms. Mandeville referenced. Ian Morrison, representing Merlone Geier Management who owns the Commons Mall, applauded the city and school district for removing the school impact fees for the remainder of 2022 and 2023. He requested the Council consider taking action to provide predictability for these fees over the life of the project for major transformative projects, such as a mall redevelopment. Josh Kim expressed concerns regarding crime rates in Federal Way; specifically addressed crime and illegal activity along Pacific Highway. City Clerk Stephanie Courtney referenced (6) written comments* received prior to the meeting in Federal Way City Council Regular Minutes Page 2 of 8 August 9, 2022 opposition to siting the Joint Maintenance Facility at Steel Lake Park Annex from: Susan Overton; Holly Rose; Rachel Routt-Utrera; Alex Anthony; Victoria Zeitler; and Kathleen Zabel. *All written comments are forwarded to the Mayor and City Council and uploaded to the meeting materials found on the city website. 5. PRESENTATIONS a. Proclamation: National Farmer's Market Week — Federal Way Farmer's Market Deputy Mayor Honda read and presented the proclamation to Market Volunteer and sponsor Vickie Chynoweth. Ms. Chynoweth thanked the Mayor and Council on behalf of the Farmers Market, the local farmers and craftsmen who participate in the weekend market. b. Recognition of Outstanding Effort in Support of the Inclusion Program Parks Deputy Director Jason Gerwen presented a Certificate of Recognition to Shelly Cain for her outstanding support and volunteer efforts to raise funds for the Inclusion Program's Friendship Theatre. Ms. Cain expressed gratitude for the program and the staff who worked through COVID to keep the participants in the inclusion program connected. She shared the many activities her son and others participated with via Zoom and socially distanced when they were able. She was pleased to be able to support the program and thanked the Mayor and Council for their support of the inclusion program. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Walsh noted the August meeting is canceled and the next meeting would be September 13. The Committee continues to work on issues such as shopping cart theft. Land Use/Transportation Committee (LUTC): Chair Dovey noted the next meeting will be September 12, due to Labor Day. He highlighted the items on the Council agenda that passed through Committee including the recommendation regarding school impact fees. Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair Tran reported on the July 26 committee meeting and the items forwarded to Council for final approval. He recognized and thanked the Finance Department staff led by Director Steve Groom noting the city recently passed another financial audit. He noted the August meeting has been canceled and the next meeting would be in September. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson reported the LTAC meeting for tomorrow has been canceled; the next meeting will be September 14. Deputy Mayor & Regional Committees Report: Deputy Mayor Honda reported the Senior Advisory Commission will be meeting next Wednesday at City Hall; the third printing of the Senior Brochure is currently being printed. She noted members of the Council will be attending the AWC Budget Conference in Leavenworth. She reported on her visits to neighborhoods for National Night Out and noted this is the only Council meeting in August. Council President Report: Council President Kochmar acknowledged the wonderful community and hard-working staff. She was pleased with the updates on Camp Kilworth, National Night Out, and Friendship Theatre through the Inclusion Program. She encouraged continued conversations about preparing for Light Rail in the downtown and the potential increase in crime. Federal Way City Council Regular Minutes Page 3 of 8 August 9, 2022 7. CONSENT AGENDA a. Minutes: July 19, 2022 Regular and Special Meeting Minutes b. Monthly Financial Report — June 2022 c. AP Vouchers 06/16/2022-07/15/2022 & Payroll Vouchers 06/01 /2022-06/30/2022 d. Tourism Enhancement Grant Recommendation 2022 e. Purchase Five (5) Copiers Using Replacement Reserves f. 2022 Storm Pipe Repair Project Bid Award g. 27th Ave SW at SW 344th St. Compact Roundabout 30% Design Report h. Redondo Creek Culvert Replacement 30% Design Report 2022 Neighborhood Traffic Safety Program Revision Global Kitchen LLC DBA Kay Catering Contract Amendment 1 COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH J ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 8. PUBLIC HEARING a. 2021 Comprehensive Plan Amendment and Development Agreement for the former Bally's Property At 7:42 p.m. Mayor Ferrell opened the Public Hearing and read into the record the procedures to be followed. Mayor Ferrell noted this process has the Council acting in a Quasi -Judicial capacity. He posed the following questions to the Councilmembers: 4 Do any of the Councilmembers have an interest in the property or application, or own property within 300 feet of the property subject to the application? Do any of the Councilmembers gain or lose any financial benefit as a result of the outcome of this hearing? • Are there any Councilmembers who cannot hear and consider this matter in a fair and objective manner? • Has any member of the Council engaged in communication outside this hearing with opponents or proponents on the issue to be heard? In response to each question, Councilmembers answered no. Council President Kochmar, Deputy Mayor Honda, and Councilmember Walsh each disclosed they had been asked general questions such as the status of the process by community members, however noting of significance was discussed. City Attorney Call confirmed all public comments made at public meetings previously have been included in the record. Federal Way City Council Regular Minutes Page 4 of 8 August 9, 2022 Mayor Ferrell asked the audience if there were objections to this hearing; hearing no objections, he asked Associate Planner Natalie Kamieniecki to begin the staff presentation. Ms. Kamieniecki provided the background and history on the property and this project. The request is to rezone from Office Park (OP) to Multi -Family (MF). She provided an overview of the public comments received noting concerns with traffic, safety and increased crime. She stated the Planning Commission recommendation following a public hearing was to include a development agreement pursuant to FWRC 19.85 to cover homeownership opportunities and other items deemed appropriate by the City Council. Issues negotiated between city planning staff and the developer and incorporated into the Development Agreement include market -rate townhomes, which allows for each home to be sold individually; dedicated garage parking for each townhome; access to open space; and an "amenities" building. Development Agreements run with the land and will be in effect for 10-years from the effective date, even if the property ownership changes. Development Agreements also require a public hearing before the City Council. Ms. Kamieniecki stated based on the analysis, findings and conclusions, staff is recommending approval of the proposed Comprehensive Plan Amendment, Rezone and Development Agreement. Mayor Ferrell thanked Ms. Kamieniecki and asked the applicant to present information. Eric Labrie, ESM Consulting Engineers, spoke on behalf of the property owner. He spoke to the rezone request, which is consistent with adjacent zoning and improves a long-term blighted area once held by Bally's Athletic Club. He provided information on the plan for the property and answered questions. Liz Soldano spoke on behalf of Intracorp providing information on a possible design for this project, which includes 2,3, and 4-bedroom townhomes over a garage. She noted by developing the property into townhomes that can be sold, the project is supporting the City's Housing Action plan to add "missing middle" housing. At 8:26 p.m. Mayor Ferrell announced the Council would take a brief recess. He also announced due to the late hour, the ARPA Discussion under Council Business on the agenda, would be rescheduled to the next regular meeting; it was not calendared for action at tonight's meeting. The Mayor reconvened the meeting at 8:38 p.m. Public Comment: Kenneth Pratt shared concerns about the proposed rezone, specifically around traffic and school bus safety. Mr. Pratt also expressed favor for owner occupied units opposed to rentals. Alexandre Milsten advocated for the former Bally's property to be zoned as mixed use. Carolyn Davis expressed concerns regarding parking and traffic congestion that were noted during the presentation. Jan Barber expressed worry about the amount of traffic that would be produced from the addition of potentially 145 residential units. Federal Way City Council Regular Minutes Page 5 of 8 August 9, 2022 James H. Kim collected petition signatures opposing the rezoning. He claims that many residents in the in the area are opposed to a zoning change. He proposed the zoning be changed to weekend farming or urban farming. No further public comments were received. Council thanked the presenters and the public for their testimony and asked clarifying questions of Ms. Kamieniecki, Mr. Labrie and Ms. Soldano regarding parking, traffic, the option of mixed -use, and the likelihood of the townhomes being sold or rented. Community Development Director Brian Davis clarified traffic impact is not a requirement of a zoning change rather the hearing is to determine zoning. A site plan for a specific project would be filed following a rezone approval which would be tied to a traffic study. Mr. Labrie stated the developers have agreed to build the project as individual townhomes which can be sold. He acknowledged, due to unknown market conditions at the time of completion; it is not feasible to predetermine when the units would be sold. Additional questions were asked and answered regarding affordable housing and ADA requirements. City Attorney Call noted the development agreement proposed is the result of negotiations between the developer and the city; any additional changes would need to be renegotiated; which may not be possible. COUNCILMEMBER DOVEY MOVED TO CONTINUE THE PUBLIC HEARING ON THE 2021 COMPREHENSIVE PLAN AMENDMENT AND DEVELOPMENT AGREEMENT FOR THE FORMER BALLY'S PROPERTY TO THE SEPTE BER 6,202-2 COUNCIL MEETING; SECOND BY COUNCILMEMBER NORTON. Councilmember Tran offered a friendly amendment to continue the public hearing to the September 20, 2022 meeting as he will not be in attendance on September 6, 2022 meeting. Councilmember Dovey accepted the modification. Clarified motion for the record: COUNCILMEMBER DOVEY MOVED TO CONTINUE THE PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT AND DEVELOPMENT AGREEMENT FOR BALLY'S PROPERTY TO THE SEPTEMBER 20, 2022 COUNCIL MEETING; COUNCILMEMBER NORTON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran Deputy Mayor Honda yes Councilmember Walsh CouncilmemberAssefa-Dawson yes Councilmemberpovey Councilmember Norton yes 9. COUNCIL BUSINESS ON THE 2021 THE FORMER SECOND BY yes yes yes a. 2022-2024 Collective Bargaining Agreement with the FW Support Services Assoc. Human Resources Manager Vanessa Audett presented a summary outlining the changes for the proposed 3-year contract through 2024. The contract conforms with previously provided Council direction and authority, and was ratified by the union. Federal Way City Council Regular Minutes Page 6 of 8 August 9, 2022 COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED 2022-2024 COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY SUPPORT SERVICES ASSOCIATION, AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes b. Approval of Interim City Administrator Appointment Mayor Ferrell stated interim appointments are for 6-months; he commended Interim City Administrator Brian Davis for all of his work and is requesting the appointment be extended an additional 6-months. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF MAYOR FERRELL'S APPOINTMENT OF BRIAN DAVIS AS INTERIM CITY ADMINISTRATOR; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes c. Resolution: School Impact Fees/APPROVED RESO. #22-831 Planning Manager Keith Niven provided background on school impact fees which are calculated and proposed by the school district. The city was notified by the school district that the updated school impact fees calculation has resulted in zero impact fees for the remainder of 2022 and for 2023. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes d. Resolution: City of Federal Way Interfund Loan/APPROVED RESO. #22-832 Finance Director Steve Groom provided a brief report on this item. He noted an interfund loan is the city borrowing from itself, which is preferable over using an outside lender. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes e. City Council Discussion on ARPA Priorities This item was rescheduled to the next regular Council meeting on September 6, 2022. Federal Way City Council Regular Minutes Page 7 of 8 August 9, 2022 10. COUNCIL REPORTS Councilmember Assefa-Dawson, Councilmember Tran, Councilmember Walsh, Councilmember Dovey and Council President Kochmar had no report. Councilmember Norton requested a town hall meeting to discuss concerns in the community regarding drug addicted homeless. Deputy Mayor Honda shared her concern with the increased gun violence statistics reported in the United States. She provided information regarding the Boys and Girls Club back to school event. 11. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:59 p.m. Attest: /� SteWfe Courtney City Clerk Approved by Council: 01 f VU 12022- Federal Way City Council Regular Minutes Page 8 of 8 August 9, 2022