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HomeMy WebLinkAbout09-20-2022 Council Minutes - Regular1% CITY OF z�: Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* remote attendance option available via zoom September 20, 2022 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. Councilmember Lydia Assefa-Dawson attended remotely. 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 Mayor Ferrell reported on recent events in the community including the South King Fire 9/11 Memorial on September 11, the King County Regional Library's Science & Technology Maker Space opening on September 17, and he provided information about the upcoming Mayor's Day of Concern Annual Food Drive. Parks Director John Hutton provided follow-up information regarding a theft of city -owned and local business -owned property. 4. PUBLIC COMMENT Alex Milsten shared his thoughts on supporting small businesses and how worker cooperatives could have positive economic implications for the City. Ann Michelle Hart with the Federal Way Public Market shared information she obtained during a recent visit to a market in Oregon. She sees value in developing the TC3 parcel as one and not in pieces. Stuart Austin represented Veterans of Foreign War (VFW) Post 286. He shared about a program the VFW has to celebrate police, fire, EMTs and other accomplished first responders. Federal Way City Council Regular Minutes Page 1 of 8 September 20, 2022 Anna Patrick shared stories of crime and disturbances occurring in local businesses and the impact it has on those working there. She asked Council to consider using ARPA funding to support these businesses. Nancy Justice addressed her disappointment regarding stolen shopping carts in the city and asked for an ordinance that addresses.this theft and that it be enforced. Geoffrey Tancredi shared his concern with those walking around town with stolen shopping carts. He vowed to knock on as many doors as possible and do what he can to try and change the current state legislature. Susan Strong would like to see penalties for individuals taking shopping carts. Karen Bru ato. Arts Commissioner announced the Arts Alive exhibit is hosted at the Performing Arts and Events Center (PAEC). Ken Blevens shared his disappointment in the current governing body of Federal Way specifically relating to the issues of stolen shopping carts, homelessness and drug addiction. Betty Tayior raised awareness for gun violence and mental health, she shared the impact it has on families. Scott Shaffer expressed concerns about a homeless shelter coming to Federal Way. He is concerned with what, if any, services will be offered and what rules will be in place for residents. Carmella Jackson shared about a non-profit she is building that will be able to help 300 people. The shelter will include a tank for detox, medical attention and multi -care services. Trenise Rogers addressed a social media video posted by a Federal Way Police Officer. She is disappointed by the lack of disciplinary action taken. 5. PRESENTATIONS a. Proclamation: National Hispanic Heritage Month — September 2022 Council President Kochmar read and presented the proclamation to Miguel Maestas, Housing & Economic Development Director, El Centro de la Raza. Mr. Maestas thanked the Mayor and Council and shared information regarding the exciting opportunities El Centro de la Raza is working on in the community, including the purchase of the local skating rink. b. Proclamation: National IT Professionals Day — September 20 Deputy Mayor Honda read and presented the proclamation to IT Director Thomas Fichtner thanking him and his team for their support of the Council and staff. Mr. Fichtner thanked the Mayor and Council for this recognition of the hard-working staff. Federal Way City Council Regular Minutes Page 2 of 8 September 20, 2022 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh reported on continued discussions regarding a shopping cart ordinance; the next meeting will be October 11. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported the next meeting will be October 3. Finance, Economic Development, Regional Affairs Committee: Councilmember Tran reported the committee did not meet in August; the next meeting will be September 27 at 5:00 p.m. in Council Chambers. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson had no report and stated the next meeting is scheduled for Wednesday, October 12. Deputy Mayor & Regional Committees Report: Deputy Mayor Honda reported on her attendance at multiple community events and regional meetings including the Catapult Grand Opening; the PIC meeting on September 14; the Board of Health meeting held last week; the SCATBrd meeting held at City Hall and Domestic Violence Awareness next month. She would like the Council to begin looking at a Legislative Agenda for 2023 and also provide input on the list of possible sites for a second major airport in the region. Council President Report: Council President Kochmar also commented on the siting of a second regional airport, noting her preference would be Payne Field in Everett. She would like to see a Fentanyl Kills Campaign in the schools or targeted at youth. She is looking forward to the Taste of Federal Way at the Market; and will be attending the Federal Way Community Caregiving Network Super Supper at the Christian Faith Center in October. Deputy Mayor Honda noted the Council will be holding a work session on Friday in Council Chambers beginning at 1:00 p.m. to discuss ARPA (American Rescue Plan Act). 7. CONSENT AGENDA a. Minutes: September 6, 2022 Regular Meeting b. Amendment 2 Underground Utility Locating Correction c. Department of Commerce Grant Authorization Request d. King County Registered Sex Offender Cost Reimbursement Agreement e. Puget Sound Auto Theft Task Force (PSATT) - 2022 Mini Grant Award f. Agreement between the Washington Traffic Safety Commission (WTSC) and the Federal Way Police Department to Provide Grant Funding for Traffic Enforcement g. Criminal Justice Training Commission (CJTC) Basic Law Enforcement Academy (BLEA) TAC-Officer Agreement h. Contracted Electrical Services Request for Quotes COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A — H ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 3 of 8 September 20, 2022 Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes 8. PUBLIC HEARING a. 2021 Comp Plan Amendment and Development Agreement for the former Bally's Property (continued from August 9, 2022) Associate Planner Natalie Kamieniecki discussed the re -zone request and the negotiated development agreement as presented at the first public hearing on August 9, 2022. She provided an update on the process to -date and additional information following the August 9, 2022 meeting. City Traffic Engineer Rick Perez spoke to traffic concerns raised at the August 9 meeting. Mr. Perez provided analysis on the anticipated traffic impacts such a development would make, and provided information on the various reviews and processes involved in a project review. Staff clarified the development agreement, if approved, runs with the property for 10-years and will provide market -rate townhomes with garages that will be able to be sold individually sell. Ms. Kamieniecki also clarified this is a non -plan re -zone and the design presented is a rendering of what the project could look like. Public Comment: Ben Taylor spoke on behalf of the Master Builders Association in support of this rezone. The proposed project would increase the supply of "middle housing" and meet the goals identified in the city's Housing Needs Assessment. Alex Milsten supports the property be rezoned to mix -use zoning with business and residential uses. Eileen Peterson spoke in support of townhomes and stable housing, she encouraged development that brings new home ownership for middle income individuals and families. Mike Peterson spoke in supportive of townhomes over low-income apartments. He is concerned the accident rate would increase with non -protected left-hand turns on 1 st Avenue South. Shik "Tony" Kim asked the Council to retain the current zoning as there are many options for development within that zone that would benefit the neighborhood. Eric LaBrie, spoke representing the applicant. He acknowledged Greg Survana, who representing the land owner, and Liz Soldono, representing IntraCorp. He believes this proposal is a great opportunity to develop this under-utilized property with complimentary zoning to the surrounding properties and support additional middle housing options for the city. Greg Cerbana spoke on behalf of the property owner, noting they would like to move forward with this development which will provide increased middle housing and create a pipeline of housing for individuals and families who might not otherwise be Federal Way City Council Regular Minutes Page 4 of 8 September 20, 2022 able to purchase a home. He urged confirmation of the development agreement. Lisabeth Soldano, with Intracorp, addressed multiple questions raised at the previous meeting noting Intracorp is committed to a quality condominium project. Mo Mahoutchi, a local dentist, spoke in support of the rezone. Colleen Sembar spoke in concern of increased traffic to her neighborhood and she asked for a traffic study. Rachel Porter spoke on behalf of the Greater Federal Way Chamber of Commerce CEO Rebecca Martin supports the creation of market rate and income qualified housing and she agrees that pathways for home ownership and new opportunities for home ownership that address the missing middle is important. Nancy Justice lives in the property behind the Bally's property and noted the density proposed is much higher than her neighborhood and would like to see a comprehensive traffic study done which addresses the proposed number of townhomes. Councilmembers thanked staff for the presentations and the public for the comments. Council debated the proposal and asked for clarification regarding estimated valuation of the property, and the 10-year development agreement. Additional questions were asked regarding previous re -zone requests and of Traffic Engineer Rick Perez and Planning Manager Keith Niven. Ian Morrison, McCullough Hill Leary Land Use Attorney, provided comments. He clarified the Development Agreement is an enforceable contract between the city and the property owner/developer. He stated additional delays for re -negotiation could make it difficult for the project to make financial sense. The City Clerk noted one email had been received in opposition to the re -zone; four (4) emails were received in support of the rezone proposal. All written comments were forwarded to the Mayor and Council for review, and made available on the city webpage. Mayor Ferrell called for any additional public comment; no further public comment was provided. COUNCILMEMBER DOVEY MOVED TO TAKE THE FINAL VOTE AT THE OCTOBER 4 MEETING; COUNCILMEMBER NORTON SECOND. Point of order by City Attorney Call who noted the Council is currently in a public hearing and if no additional testimony is sought, the public meeting should be closed. Action on the proposed ordinance and development agreement are scheduled later on the agenda. Councilmember Dovey rescinded his motion; Councilmember Norton rescinded her second. COUNCILMEMBER DOVEY MOVED TO CLOSE THE PUBLIC HEARING; DEPUTY MAYOR HONDA SECOND. Motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Federal Way City Council Regular Minutes Page 5 of 8 September 20, 2022 CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes At 9:04 p.m. Mayor Ferrell announced the Council would take a brief recess for approximately ten (10) minutes. The meeting was reconvened at 9:13 p.m. Mayor Ferrell asked for any objection to taking the first reading of Council Bill #828 next on the agenda. Hearing no objections, Item 10a/Council Bill #828/2021 Comp Plan Amendment and Development Agreement for the former Bally's Property was moved up the agenda. a. Council Bill #828/Ordinance:2021 Comp Plan Amendment and Development Agreement for the former Bally's Property AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP, CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF 6.00 ACRES LOCATED AT THE SOUTHEAST CORNER OF 1ST AVENUE SOUTH AND SOUTH 328TH STREET, PARCEL NUMBER 172104-9038, FROM OFFICE PARK (OP) TO MULTI FAMILY (RM 1800), AND ADOPTING AN ASSOCIATED DEVELOPMENT AGREEMENT. (AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330, 00-372,01- 405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11- 683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866 AND 21-907) No further staff report was provided in addition to the information presented at the public hearing. No public comment was received. The City Clerk read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE OCTOBER 4, 2022 REGULAR CITY COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER KOCHMAR. 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 9. COUNCIL BUSINESS a. Mayor presents 2023-2024 Proposed Biennial Budget Mayor Ferrell presented his proposed 2023-2024 Biennial Budget noting the city is emerging strongly from the effects of the pandemic and the proposed budget will show there are always more needs than there is money, so requests have been prioritized. He identified his priorities which include the safety and security of residents and businesses; a balanced budget; prioritized city services; strengthening the City's fiscal health and maintain infrastructure. Highlights of the budget include additional police officers, support staff, police vehicle funding and technology. Also added is a public records officer position and funds to improve the City's ability to respond to winter operations including additional staffing, trucks, and material. Parks Department will include funds to replace infrastructure in one playground a year and additional Parks Maintenance workers. Items also covered in this budget are increase in insurance premiums, cost of jail services and 911 communications and the staff cost of living adjustment. Federal Way City Council Regular Minutes Page 6 of 8 September 20, 2022 Mayor Ferrell referenced the scheduled budget meetings for the Council and the public to provide input; final Council adoption is scheduled for November. In response to a Council question, Mayor Ferrell noted the maintenance facility will be covered in the debt discussion. He also proposed adding funding for a Executive Director for the Federal Way Historical Society, which is not currently included in the proposed budget. b. Youth Commission Requirements Deputy Mayor Honda noted this was briefly discussed at the last meeting where Council directed the City Attorney draft a code amendment which broadens the eligibility of Youth Commission applicants to grade levels freshman through senior and to include students who live outside the incorporated city limits, yet are inside the Federal Way School District Boundary. Councilmembers concurred this was a good change and will allow more participation by students. DEPUTY MAYOR HONDA MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE TO AMEND CITY CODE TO ALTER YOUTH COMMISSION ELIGIBILITY REQUIREMENTS AS DISCUSSED TODAY; SECOND BY COUNCILMEMBER DOVEY. 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 10. ORDINANCES First Reading a. Council Bill #8281Ordinance:2021 Comp Plan Amendment and Development Agreement for the former Bally's Property AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP, CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF 6.00 ACRES LOCATED AT THE SOUTHEAST CORNER OF 1ST AVENUE SOUTH AND SOUTH 328TH STREET, PARCEL NUMBER 172104-9038, FROM OFFICE PARK (OP) TO MULTI FAMILY (RM 1800), AND ADOPTING AN ASSOCIATED DEVELOPMENT AGREEMENT. (AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330, 00-372,01- 405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11- 683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866 AND 21-907) This item was addressed earlier in the meeting, following the public hearing. 11. COUNCIL REPORTS Councilmember Dovey noted he is pleased to hear there will be an ordinance coming to Council regarding the shopping cart issue. Councilmember Walsh also looking forward to addressing the shopping cart issue with a new ordinance. Federal Way City Council Regular Minutes Page 7 of 8 September 20, 2022 Councilmember Tran thanked his colleagues for understanding his recent absence due to traveling. Councilmember Norton thanked Evan Cook who stepped up and took over a monthly community group that meets the first Thursday of every month at the masonic lodge. The meeting brings together a wide range of residents to work together. Councilmember Assefa-Dawson appreciates the community meetings Councilmember Norton referenced. She thanked the Council for the opportunity to attend and attend virtually as she is traveling for work. Deputy Mayor Honda reported on her attendance at the Regional Library opening of the Maker's Space, noting this program is only offered at the Federal Way and Bellevue libraries. She congratulated the Korean Quarterly Community Meetings on their 30tn anniversary, and encouraged everyone attend the Taste of Federal Way on Saturday at the Farmer's Market. Council President Kochmar provided no report. 12. EXECUTIVE SESSION + GelleGtiye Bargaining R Fs in t to l GVV 42 ` 0 140(4)(b) canceled canceled 13. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:45 p.m. Attest: Sthpj arfie Courtney City Clerk 0 Approved by Council: 1/1)4/2022- Federal Way City Council Regular Minutes Page 8 of 8 September 20, 2022