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Home My WebLink About02-21-2023 Council Minutes - RegularCITY OF V:tl�k Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers February 21, 2023 — 6:30 p.m. 1. CALL MEETING TO -ORDER Mayor Ferrell called the meeting to order at 6:37 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Hoang Tran, and Councilmember Jack Walsh. Councilmember Erica Norton attended remotely via Zoom; Councilmember Dovey was excused. City staff in attendance: 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 State of the City Address Mayor Ferrell reported on the annual State of the City Address which was well attended at the Performing Arts and Event Center on February 16. He was pleased to update the community and thanked staff and community partners who provided information tables. National League of Cities (NLC) Conference The Mayor noted he would be attending the NLC Conference in Washington D.C. along with several Councilmembers. The conference will be held March 26-29, and will be a good opportunity to meet and discuss the city's priorities with federal legislators. Sister City Trip — Spring 2023 Mayor Ferrell provided an update on the planning of the Sister Cities trip to Donghae, Korea and Hachinohe, Japan. He noted this is the first time in over 20-years the city has sent a delegation. Upcoming Events Federal Way City Council Regular Minutes Page 1 of 8 February 21, 2023 The Mayor reported on upcoming St. Patrick's Day Events on March 17, beginning with a flag raising at City Hall at 9:00 a.m. He encouraged participation in the Annual March of Diapers, diaper drive which benefits families in the community and the region. Collections will be accepted at City Hall throughout the month, and the Twin Lakes Fred Myer on March 18. He thanked coordinator Cheryl Hurst and noted last year's diaper drive yielded over 10,000 diapers and 6,000 wipes. Mayor Ferrell provided an update on multiple state bills the city is monitoring and have the potential to impact the community regarding neighborhood zoning control and police pursuits. He also provided an update on the Joint Maintenance and Operations facility for Parks and Public Works; noting that after continued due diligence the Steel Lake Annex site is no longer a viable option for placement of the facility. Council will continue to debate the remaining options of expanding the current facility or locating near the intersection of South 320th Street and 1It Avenue South at the next Council meeting. 4. PUBLIC COMMENT Katrina Dohn proposed a modified firework ban in Federal Way that would allow for fountain style and ground fireworks, but continue to ban aerial and loud fireworks. She noted many non- profit groups sell fireworks as a fundraiser and a total ban prevents selling in the city. Councilmember Assefa-Dawson requested this suggestion be discussed at the next Parks Committee Meeting. Geoffrey Tancredi talked about Project Blue, a relationship building model that unites vulnerable youth and police. He referenced the program success in Los Angeles, California. Mary Ehlis, the new Historical Society President, shared the Society is working to bring the Heritage Center located at Steel Lake into compliance with the land deed. She noted the Historical Society will be meeting March 9. Susan Strong addressed the unhoused persons situation in Federal Way; in particular she talked about the Red Lion Hotel and vehicles parked there questioning the city's regulations related to parked vehicles. Chief Hwang shared that the Police Department is looking into the matter. That particular area is a private road and they are working to obtain a trespass letter from the owner. Ken Blevens was pleased to hear the Steel Lake Annex was no longer the preferred location; he does not support placing this facility on South 320th Street and 1It Avenue South in the middle of town, and he referenced property available as a potential new location of the Joint Maintenance Facility. He also expressed his support of a modified fireworks ban. Jeremy Winzer advocated for better access to the Federal Way Community Center for youth. He shared that a community center he visited in Arizona costs $5 a year or $1 a day. Additional public comment that was accepted later in the meeting. Trenise Rogers shared concern with the underrepresentation of black -owned businesses in the city. She thanked outgoing DEI Analyst Kia McGlone for her important work at the city and with the Diversity Commission and requested an update on the process of filling this position. Federal Way City Council Regular Minutes Page 2 of 8 February 21, 2023 Mayor Ferrell acknowledged Ms. McGlone's last day and thanked her for her phenomenal job; he noted the job description is being reviewed and will be posted for a similar process which will include staff, Council and community members. 5. PRESENTATIONS a. State Legislative Update Mayor Ferrell provided a legislative update earlier in the meeting. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh noted items on the Consent Agenda were passed through at the February 14 Committee meeting; the next meeting will be March 14. Land Use/Transportation Committee (LUTC) No report was provided. Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Tran noted he will be meeting with Council President Kochmar and Finance Director Steve Groom for the State Auditor exit conference; he thanked the staff for their continued excellence in financial reporting. The next meeting will be Tuesday, February 28 at 5:00 p.m. Lodging Tax Advisory Committee (LTAC) Councilmember Assefa-Dawson was pleased to report the Council recently interviewed LTAC applicants and is looking forward to a full Committee. She also provided an update on the WRIA-9 regional meeting. Deputy Mayor & Regional Committees Report Deputy Mayor Honda provided an update on her attendance at various regional meetings including the Domestic Violence Task Force, Regional Transit Committee, and the Seattle -King County Board of Health. She noted concern for the King County Regional Homelessness Authority 5-year plan and would like to see more information provided. She also requested information on a change in annexation compensation at the state level; Mayor Ferrell will have staff look into this request and report back. Council President Report Council President Kochmar noted continued concern with state legislation regarding drug possession. She asked for Council to be notified of upcoming state hearings where they would be able to participate and testify. 7. CONSENT AGENDA a. Minutes: February 7, 2023 Regular and Special Meetings b. Redondo Creek Culvert Replacement — 85% Status Report and Authorization to Bid c. Fiber Optic Loop Project 85% Design and Authorization to Bid d. Interlocal Agreement with WA Commerce — Climate e. Interlocal Agreement with WA Commerce — Periodic Comprehensive Plan Update f. Interlocal Agreement with WA Commerce — Housing Action Plan Implementation g. Washington State Reference Network Agreement Federal Way City Council Regular Minutes Page 3 of 8 February 21, 2023 h. Security Solutions Northwest, Inc. Retainage Release (AG #21-177) Police Gate Replacement Retainage Release (AG #22-012) Commercial Fence Corporation Retainage Release (AG #22-031) k. Arts Commission 2023 Work Plan I. Arts Commission 2023 Contract for Services m. King County Youth and Amateur Sports Grant Acceptance n. Community Fireworks Display for Red, White, and Blues Festival —pulled and approved separately o. Interlocal Agreement with DSHS, Respite in Community Settings pulled and approved separately Councilmember Walsh pulled item n/Community Fireworks Display for Red, White and Blues Festival. Councilmember Tran pulled item o/Interlocal Agreement with DSHS, Respite in Community Settings in order to recuse himself from the vote. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A THROUGH M; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Consent Item n: Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused Councilmember Walsh noted there are some minor contract details which need to be worked out on the contract language that does not affect the approval of this bid. COUNCILMEMBER WALSH MOVED TO ACCEPT THE BID FROM WESTERN DISPLAY FIREWORKS, LTD FOR A COMMUNITY FIREWORK DISPLAY AS PRESENTED IN THE AMOUNT OF $25,000 AND AUTHORIZE STAFF TO NEGOTIATE A CONTRACT FOR THE SERVICES DETAILED IN THE BID; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Consent Item o' Councilmember Tran recused himself from this item. Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF INTERLOCAL AGREEMENT; SECOND BY COUNCILMEMBER WALSH. The motion passed 5-0 as follows: Council President Kochmar yes Councilmember Tran recused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey excused Councilmember Norton yes Federal Way City Council Regular Minutes Page 4 of 8 February 21, 2023 Council President Kochmar was excused and left the meeting at 7:24 p.m. 8. COUNCIL BUSINESS a. Former Target Building Demolition Bid Award Public Works Director EJ Walsh provided information regarding the bid to demolish the former Target building which was originally built in the 1970's and has long since been in a deteriorating condition since the building was left unoccupied. The property continues to be a nuisance with it being heavily vandalized and illegally occupied, over the years. The bid results came in lower than anticipated and will be funded by ARPA funds. He also highlighted the contingency for this project was increased to 15% to cover any unexpected or additional State or Federal requirements. Director Walsh noted the Mayor and the Land Use Transportation Committee both recommend bid acceptance. COUNCILMEMBER TRAN MOVED TO AWARD THE FORMER TARGET BUILDING DEMOLITION TO SWOFFORD EXCAVATING, LLC, THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, IN THE AMOUNT OF $373,789.50 TOGETHER WITH A 15% CONTINGENCY OF $56,068.43, FOR A TOTAL AMOUNT OF $429,857.93, AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; COUNCILMEMBER WALSH SECOND. The motion passed 5-0. Council President Kochmar excused Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey excused Councilmember Norton yes b. King County COVID-19 Pandemic Funding for PAEC Contract Administrator Autumn Gressett presented the proposal for the King County grant for one-time Covid funding related to unmet needs. She provided information on the Arts4Youth program which brings live theater to students in K-12 in Federal Way public schools. The Arts4Youth program also supports the educational outreach requirement of New Market Tax Credits. Councilmembers thanked Ms. Gressett for the presentation and noted their support for the Youth programming that serves underprivileged students in the school district and for the Resident Art Groups. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED ALLOCATION OF THE $50,000 FUNDING FROM KING COUNTY FOR COVID-19 PANDEMIC RELIEF FOR THE ARTS 4 YOUTH PROGRAM AT THE PERFORMING ARTS AND EVENT CENTER; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously 5-0 as follows: Council President Kochmar excused Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused Federal Way City Council Regular Minutes February 21, 2023 Page 5 of 8 c. Confirmation of Human Resources Director City Administrator Brian Davis noted the City Council approved the creation of a Human Resources Department and this is the request to confirm the current Human Resources Manager Vanessa Audett as director. DEPUTY MAYOR HONDA MOVED TO CONFIRM THE MAYOR'S APPOINTMENT OF VANESSA AUDETT AS HUMAN RESOURCES DIRECTOR; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously 5-0 as follows: Council President Kochmar excused Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey excused Councilmember Norton yes d. Lodging Tax Advisory Committee Appointments COUNCILMEMBER ASSEFA-DAWSON MOVED THE FOLLOWING APPOINTMENTS TO THE LODGING TAX ADVISORY COMMITTEE: KRISTIN WELLS TO A VOTING POSITION #3 WITH A TERM TO EXPIRE OCTOBER 31, 2023; ROSE EHL TO VOTING POSITION #4 WITH A TERM TO EXPIRE OCTOBER 31, 2024; AND, KYLE CARPER TO A VOTING POSITION #5 WITH A TERM TO EXPIRE OCTOBER 31, 2024; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously 5-0 as follows: Council President Kochmar excused Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes 9. ORDINANCES First Reading Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused a. Council Bill #842/Mobile Food or Retail Vendors Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO VARIOUS AMENDMENTS TO TITLE 19 (ZONING AND DEVELOPMENT); AMENDING FWRC 19.05.130 DEFINITIONS; REPEALING FWRC 19.275.070; AND ADDING NEW SECTIONS 19.210.080, 19.215.160, 19.220.150, 19.225.150, 190.230.170, 19.235.130, AND 19.240.190; AND ADDING A NEW CHAPTER 19.290 FWRC INCLUDING SECTIONS 19.290.010, 19.290.020, 19.290.030, 19.290.040, 19.290.050, 19.290.060, 19.290.070, 19.290.080. (AMENDING ORDINANCE NOS. 94- 209, 97-291, 09-593, 09-610, 12-716, 15-797, 18-844, 18-850, 22-932) Associate Planner Evan Lewis provided a brief presentation for the code amendment to address mobile food and retail vendors in the city and will clarify standards. The code amendment included definitions, review processes and site requirements. He noted following a public hearing at the Planning Commission, the proposed ordinance was forwarded from Land Use Transportation Committee to Council for final approval. No public comment was received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVEDTO FORWARD THE PROPOSED ORDINANCE TO THE MARCH 7, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND Federal Way City Council Regular Minutes Page 6 of 8 February 21, 2023 BY COUNCILMEMBER WALSH. The motion passed unanimously 5-0 as follows: Council President Kochmar excused Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey excused Councilmember Norton yes b. Council Bill #83811conic Signs Code Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ICONIC SIGNS; AMENDING FWRC 19.05.190, AND ADDING A NEW SECTION FWRC 19.140.135. (AMENDING ORDINANCE NOS. 08-585, 09-593, 09-605, 09-610, 12-713, 14-778, 15-797, 20-898, 21-921, 22-932). Community Development Director Keith Niven provided a recap of the previous presentations made for this proposed sign code amendment to create an Iconic Sign section and guideline. The process included a public hearing at the Planning Commission and review by the Land Use and Transportation Committee (LUTC) with a recommendation for approval. The Mayor also recommends approval. Council thanked Director Niven for the presentation and asked clarifying questions regarding other businesses located in the same complex and the approval process. Director Niven clarified this section is additive to the current sign code for businesses who meet the approved criteria, not replacing the current sign code requirements. No public comment was received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE MARCH 7, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT. SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 3-2 as follows: Council President Kochmar excused Councilmember Tran yes Deputy Mayor Honda no Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey excused Councilmember Norton no 10. COUNCIL REPORTS Councilmember Walsh thanked the citizens for coming out and providing feedback. Councilmember Tran and Councilmember Norton had no report. Councilmember Assefa-Dawson noted her excitement for appointing new Lodging Tax Advisory Commissioner, and looks forward to working with the Committee and Economic Development Director Carter. Deputy Mayor Honda enjoyed the State of the City Address and thanked the community groups for providing informational booths for the public. She provided information on upcoming events in the community reported on the approaching Senior Health and Wellness Fair on May 11 at the PAEC sponsored by the Senior Advisory Commission. She encouraged food and monetary donations be made to the Federal Way Senior Center. She noted the progress on the Sister Cities trip this coming Spring; she would like to see a non-profit group form to manage the task of fundraising and planning these trips in the future. Federal Way City Council Regular Minutes Page 7 of 8 February 21, 2023 Councilmember Norton extended congratulations to Councilmember Assefa-Dawson for her recent appointment. 11. EXECUTIVE SESSION The Council did not adjourn to executive session. 12. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 7:58 p.m. Attest: p anie Courtney City Clerk Approved by Council: 03-07-oV>5 Federal Way City Council Regular Minutes Page 8 of 8 February 21, 2023