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HomeMy WebLinkAbout10-05-2021 Council Minutes - RegularCIT VZ�A:�L Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting October 5, 2021 — 6:30 p.m. 1. 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 Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Proclamation: Domestic Violence Awareness Month — October 2021 Council President Honda read and presented the proclamation to Janet Chance, Federal Way Domestic Violence Task Force. Ms. Chance thanked the Mayor and Council for highlighting domestic violence as a serious crime which is affecting the community. The task force is partnering with the school district to better inform students on healthy dating relationships and offer resources for those who might be in potentially dangerous situations. b. Mayor's Emerging Issues and Report COVID-19 Report Ray Gross, Emergency Manager, provided a report on recent COVID-19 statistics noting there have been twenty-two positive cases along with one death this week. The vaccination rate of those 12 years and older is 68.8% while the King County vaccination rate is 81.8%. Currently King County is meeting four out of the five key indicators, however still in a high rate of transmission. Recent Community Events Mayor Ferrell reported on the Taste of Federal Way event at Farmers Market on September 25 which was well attended and had great music and amazing food. Federal Way City Council Regular Minutes Page 1 of 9 October 5, 2021 He also reported Mayor's Day of Concern Drive-Thru Food Drive held on October 2 at the Fred Meyers where 755.5 pounds of food was collected and donations of $438 was received. In addition to the in -person collection, the city partnered with Waste Management who collected 9,334.5 pounds of food and $8,673 in donations from curbside pick-up. He thanked Waste Management staff, city staff, volunteers and Councilmembers who helped collect for the Multi -Service Center Food Bank. Mayor also noted he recently visited with Mayor of Rivne, Ukraine on September 22 and discussed the potential of a future Sister City relationship. Upcoming Events Mayor Ferrell reminded everyone of the MSC Helps Luncheon on Thursday, October 21 at Performing Arts and Event Center; information regarding the even or tickets can be found on the Multi -Service Center website. c. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar reported the next meeting would be Tuesday, October 12 at 5:00 p.m. with discussion on multiple items including the South King Housing and Homelessness Partners (SKHHP) 2022 Work Plan/Budget and Police Department proposal to add additional personnel and resources. Land Use/Transportation Committee (LUTC): Chair Baruso noted the Committee met last night via Zoom and forwarded four items to the next City Council meeting for approval. The next meeting of LUTC will be Monday, November 1 at 5:00 p.m. via Zoom. Finance, Economic Development, Regional Affairs Committee (FEDRAC): Chair Tran reported the committee met October 26 and complimented Finance Director Groom for his presentation of the financial documents. He was also pleased to hear the new investment strategy and is looking forward for his presentation at full Council regarding investing the city's money. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson reported the next meeting is October 13 at 10:00 a.m. via zoom. She reported the committee will be following up on a report from Washington State University regarding hospitality and tourism. Regional Committees Report (PIC): Councilmember Moore reported the next PIC meeting would be October 13 at 7:00 p.m. and will be held remotely. Council President Report: Council President Honda noted Council appreciates citizens who volunteer to serve on advisory boards and commissions. She noted the following commissions are seeking applicants: Arts, Civil Service, Diversity, Independent Salary, Parks and Recreation, Planning, Senior Advisory, Youth, and the King County Historic Landmark Commissions. Applications are available on the city website with the next review of applications scheduled for October 22. 4. PUBLIC COMMENT City Clerk Stephanie Courtney read the public comment rules into the record. Federal Way City Council Regular Minutes Page 2 of 9 October 5, 2021 Ken Blevens reflected on the previous Council meeting and voiced concerns about Council action being taken at such a late hour. Jacquelyn Copley expressed concern with increased crime in Federal Way and the lack of support she feels from the elected officials to address crime. Bob Drake noted the increase of crime in the City and is concerned the elected officials are not helping the citizens. J Murphy expressed concerns about permanent supportive housing and transitional housing and stated that she would like to see the Extended Stay hotel used for housing families and children. Or. Timmie Foster, a consultant for Federal Way Black Collective, expressed a desire for healthy, feasible, pathways to childcare in Federal Way. Email from Dara Mandeville read by the City Clerk concerning crime and drug use in the City. Email from Christine Majerus read by the City Clerk expressing concerns about homelessness along S 320th Street. Email from Yvette Downs read by the City Clerk addressing how crime and House Bill (HB) 1220 are affecting Federal Way. Email from Jeff Coop read by the City Clerk stating the establishment of hotels and housing for drug addicts will endanger local business and public safety. Email from Carolyn Hoover read by the City Clerk expressing concerns about crime in Federal Way and the proposed supportive housing mandated through HB 1220. Cynthia Ricks-Maccotan noted the city currently has 23% capacity for child-care services due to COVID-19. She advocated for using ARPA funds to add additional childcare services in the city by encouraging the expansion of current facilities and provide for new opportunities. Mayor Ferrell asked Council for a potential motion to reorder the agenda to move Council Bill #811/First Reading Ordinance to follow the Consent Agenda due to the number of individuals signed up to comment on the proposed ordinance. COUNCIL PRESIDENT HONDA MOVED TO AMEND THE AGENDA TO TAKE ITEM 7 AFTER THE CONSENT AGENDA; SECOND BY MOORE. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Additional public comment: Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Carol Fraley feels public meetings should be held in -person and expressed disappointment with the impact that County level decisions have on the City. 5. CONSENT AGENDA Minutes: September 21, 2021 Special and Regular Meeting Minutes; September 28, 2021 Special Meeting Minutes Federal Way City Council Regular Minutes Page 3 of 9 October 5, 2021 b. Accounts Payable Vouchers — July 2021 c. Accounts Payable Vouchers — August 2021 d. Monthly Financial Report — July 2021 e. Monthly Financial Report — August 2021 f. King County Youth and Amateur Sports Grant g. Federal Way Community Center Slide Removal - Bid Acceptance h. King County Parks Levy Aquatic Facilities Grant i. Steel Lake Shop Video Security Enhancements - Proposal Acceptance COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH I ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes Clerk's Note: Re -ordered by Council action: 7. ORDINANCES First Reading a. Council Bill #81110rdinance: Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.05.040, 19.05.050, 19.05.190, 19.205.080, 19.215.070, AND 19.220.100; REPEALING FWRC 19.105.060 AND 19.230.080; AND ADDING NEW SECTIONS 19.195.015, 19.200.045, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, AND 19.240.095. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97- 297, 99-333, 01-385, 02-423, 06-515, 07-559, 08-585, 09-593, 09-605, 09-610, 12- 713, 13-754, 14-778, 15-797, 17-834, 18-850, 18-884, AND 20-898.) Brian Davis, Director of the Community Development Department presented background on Council Bill #811 and shared the proposed ordinance is an opportunity for the city to take some control of the State mandates regarding siting permanent support housing and emergency housing and shelter facilities in the city. House Bill (HB) 1220 which was approved by the State Legislature mandates this use be allowed. Consequently, there are two courses of action before the Council. First, no action which would mean the city would accommodate any number of units in the future based. The second option is to limit housing for the homeless by establishing reasonable limits by code amendments. He provided answers to questions raised at the previous City Council meeting including requiring facilities to have a business license, increasing distance requirements from schools and churches, and the option to regulate through a Conditional Use Permit as other local municipalities have chosen to do. Mr. Davis reported the city's proposal suggests these applications go through a Land Use Process III which requires notice to neighboring property owners and is similar to other cities use of a Conditional Use Permit. He noted the Council could recommend the process be Federal Way City Council Regular Minutes Page 4 of 9 October 5, 2021 changed to a Process IV which would then require a public hearing and the decision made by a third -party Hearing Examiner. Mr. Davis noted the approval for Process III would be made by the Director, however either process would use the same criteria for making the decision. Planning Manager Keith Niven responded to the suggestion of temporary (or interim) zoning. City Attorney Call suggested rather than establishing interim zoning the City Council revisit this in a set amount of time. Director Davis also clarified the City Council does not currently approve housing developments or land use applications; that is an administrative duty made by the department director or in the case of a Process IV, the Hearing Examiner. Mr. Call noted the decision in either Process III or Process IV would be the same result when applying the Code objectively. Councilmembers noted concern over the State calculating a target number for Federal Way and would like independent data to set factual estimates and not inflated targets. Mr. Davis suggested additional options for addressing concerns related to siting and allowable distance between facilities in residential zones. In response to further questions, he restated if the Council decides to not approve these proposed or any regulations regarding permanent supportive and emergency housing, the city will be vulnerable with only the State guidelines. Public Comment: Dara Mandeville beleives more information is needed in order for Council to make an informed decision for the citizens they represent. Ken Blevens expressed concern the City is making a rushed decision regarding housing the chronically homeless and drug addicted. Jacquelyn Copley does not feel citizens' voices have been adequately heard. She supports a Process IV which requires a public hearing to allow neighbors to weigh-in on these applications; she requested Council hold a public forum to further discuss HB 1220. Bob Drake expressed concern that not enough information is known regarding this issue and asked Council to push back against the State approved HB 1220. He would also like the city to hire an Outreach Specialist. Josh Kim questioned if drug and alcohol use will be prohibited in this type of housing as well as who is responsible for any potential damages done in the neighboring area by residents in these facilities. He also asked for information regarding Afghan refugees and suggested concerns related to HB 1220 be directed at the State Legislature. Jack Walsh encourages those listening, as well as Council, to reach out to the State Legislators and express their concerns regarding HB 1220. He would like to see interim zoning enacted until the laws are corrected. Email from Jeannie VanVleet read by the City Clerk questioning if the city is able to place limitations on Permanent Supportive Housing Email from Ronna Hazel read by the City Clerk reflecting on a situation in her neighborhood Federal Way City Council Regular Minutes Page 5 of 9 October 5, 2021 and how these types of instances may become more common as a result of HB 1220 and police reform. Email from Susan Strong read by the City Clerk opposing HB 1220. Email from Robin Corak CEO of Multi -Service Center, read by the City Clerk explaining supportive housing and the need for responsible housing in the community. Email from Robert Strong read by the City Clerk regarding crime in Federal Way and opposing HB 1220. Email from Kay Chung read by the City Clerk opposing HB 1220. Email from Jen Gallagher read by the City Clerk opposing HB 1220. Email from Sarah Nelson, read by the City Clerk opposing HB 1220 and included petitions collected by Stand-up Federal Way. Email from Heather Mathews read by the City Clerk proposing that any neighborhoods directly impacted by the hotel purchases be exempt from further supportive housing. Email from Jane Sidlo read by the City Clerk expressing disappointment with the elected officials of Federal Way. Email from Anna Patrick read by the City Clerk asking Council to consider creating an ordinance to address and set limitations on permanent supportive housing and HB 1220. Council thanked the public for their comments and letters and noted it seems a greater risk to the city to do nothing than to enact regulations. Council also inquired as to the proper procedure to propose multiple amendments; which City Attorney Call advised. City Clerk read ordinance title COUNCILMEMBER BARUSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE OCTOBER 19, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER LYDIA. COUNCILMEMBER CRAFT MOVED TO MODIFY THE MAIN MOTION TO REQUIRE A DISTANCE OF 1.3 MILES BETWEEN USES; SECOND BY COUNCILMEMBER MOORE. The amendment passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes COUNCILMEMBER CRAFT MOVED TO MODIFY THE MAIN MOTION TO REQUIRE THE CITY COUNCIL TO REVISIT THIS ORDINANCE IN 6-MONTHS (APRIL 2022); SECOND BY COUNCILMEMBER MOORE. The amendment passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Federal Way City Council Regular Minutes October 5, 2021 Page 6 of 9 COUNCIL PRESIDENT HONDA MOVED TO MODIFY THE MAIN MOTION TO DIRECT STAFF TO BRING AN ORDINANCE TO COUNCIL TO CREATE A LICENSING SCHEME; SECOND BY COUNCILMEMBER BARUSO. Councilmember Moore urged caution and his stated his concern with requiring occupant information. The amendment passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes At 9:58 p.m. COUNCIL PRESIDENT HONDA MOVED TO WAIVE COUNCIL RULES TO EXTEND THE MEETING PAST 10:00 P.M.; SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Council continued to ask clarifying questions of Director Davis and City Attorney Call. At the conclusion of discussion, City Attorney Call restated the main motion as amended. COUNCILMEMBER ASSEFA-DAWSON MOVED TO MODIFY THE MAIN MOTION TO AMEND THE PROCESS TO A PROCESS IV. The amendment died for a lack of a second. The main motion, as amended, passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes Councilmember Moore requested a brief recess. Mayor Ferrell agreed and asked if Council would like to strike item 6c from the remaining agenda as it is informational and no action is anticipated. This report can be added to the next City Council meeting agenda. COUNCILMEMBER MOORE MOVED TO STRIKE ITEM 6C FROM THE AGENDA [and added as a presentation at a future council meeting]; SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes At 10:04 p.m. Mayor Ferrell announced the Council would recess for approximately ten (10) minutes. He reconvened the meeting at 10:15 p.m. Federal Way City Council Regular Minutes October 5, 2021 Page 7 of 9 6. COUNCIL BUSINESS a. Proposed Collective Bargaining Agreement with Teamster Local Bargaining Unit #763 HR Manager Vanessa Audett provided a report detailing the proposed labor agreement with the labor union that represents the Public Works and Parks Maintenance for the term January 2020 to December 2022. She noted all cost estimates are conservative. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED 2021/2022 COLLECTIVE BARGAINING AGREEMENT WITH THE TEAMSTERS LOCAL UNION NO. 763, AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes b. Catering Services at Dumas Bay Centre Parks Director John Hutton provided information regarding the need for catering services at Dumas Bay Centre due to the resignation of the chef. Director Hutton noted that with the bookings at the retreat center though the end of the year, the salary savings will be used for contract food services. Staff will then request proposals to explore all options for food service at Dumas Bay Centre in the future. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED USE OF SALARY SAVINGS TO SUPPLEMENT FOOD SERVICE REVENUE TO HIRE CATERING SERVICES FOR THE DUMAS BAY CENTRE THROUGH DECEMBER 31, 202; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes G. Update ^�, � ^^� ^ investment Strategy — this item was pulled for a future agenda. 7. ORDINANCES First Reading a. Council Bill #811/Ordinance: Proposed Code _Amendments for Permanent Supportive Housing and Emergency Housing and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.05.040, 19.05.050, 19.05.190, 19.205.080, 19.215.070, AND 19.220.100; REPEALING FWRC 19.105.060 AND 19.230.080; AND ADDING NEW SECTIONS 19.195.015, 19.200.045, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, AND 19.240.095. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97- 297, 99-333, 01-385, 02-423, 06-515, 07-559, 08-585, 09-593, 09-605, 09-610, 12- 713, 13-754, 14-778, 15-797, 17-834, 18-850, 18-884, AND 20-898.) Clerk's Note: Per Council action, this item was presented earlier in the agenda following the Consent Agenda. Federal Way City Council Regular Minutes Page 8 of 9 October 5, 2021 8. COUNCIL REPORTS Councilmember Assefa-Dawson provided no report and thanked everyone for a good meeting with a lot of discussion. Councilmember Baruso thanked everyone who participated in public comment. He reported on his recent visit to the Sikh Learning Center in Federal Way and was pleased to see the amazing work they are doing there with children visiting from all over the state. Councilmember Tran thanked Councilmember Baruso for visiting the Sikh House of Worship and intends to visit soon. He reported the next meeting of the Finance, Economic Development, Regional Affairs Committee will be November 23 at 5:00 p.m. on Zoom. Councilmember Craft stated October is Filipino American History Month and is a great time to recognize and honor the contributions Filipino Americans have made to the United States. It is also Disability Awareness month and suggested looking at equitable positions in the workplace and positions for individuals with disabilities as it applies to equity and inclusion. She thanked everyone for their comments tonight. Councilmember Moore was excited to share that his son attended his first Chamber event and was excited to welcome a new business to Federal Way. He agreed with a speaker who noted the last fifteen months has been difficult but also acknowledged that he looks for the good and appreciates all of the citizens working to make Federal Way a better city. Councilmember Kochmar would like to discuss opening meetings back up to in -person and would also like to create a clearing house to connect seniors to organizations and business looking for part-time workers. She would like to see a no sit, no sleep, no lie policy for public sidewalks and encouraged pet owners to participate in St. Vincent's Animal Blessing on Saturday at noon. Council President Honda attended the Historical Society Annual Meeting held at the Rhododendron Gardens. She thanked everyone who came and supported the Food Drive this past weekend and is always happy to see the response of the community helping each other. The Senior Advisory Commission has updated their brochure of senior resources and will be distributing soon. She thanked everyone who has contacted Councilmembers, via email, phone or public comment to share their views and concerns; she truly appreciates hearing from the public. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:37 p.m Attest: t hanie Courtney City Clerk Approved by Council: 1 0IIa12a21 Federal Way City Council Regular Minutes Page 9 of 9 October 5, 2021