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07-19-2022 Council Minutes - RegularCIT 4:3�k Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* *remote attendance option available via zoom July 19, 2022 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:35 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. Mayor Ferrell noted he and the Council were excited to welcome the Federal Way National Little League Softball Juniors State Championship team. Mayor Ferrell read and presented each player and coach with a certificate of recognition, wishing them luck as they travel to Arizona to compete in the Little League Softball Juniors West Regional. Mayor Ferrell recognized and welcomed Milton Mayor Shanna Styron-Sherrell in the audience. 3. MAYOR'S KEY TO THE CITY — CHERYL HURST Mayor Ferrell was pleased to honor longtime community volunteer and advocate of children and families, Cheryl Hurst. He read and presented the Mayor's Key to the City to Ms. Hurst, thanking her for all she has done in support of the community. Ms. Hurst was honored and humbled to accept this recognition, acknowledging her many friends and volunteers who have always been there to pitch in and help out. She thanked the Mayor and Council for this honor. At 6:53 p.m. Mayor Ferrell noted the City Council would take a brief recess to honor and celebrate both Key to the City recipient Cheryl Hurst, and the Championship Junior Softball team. Mayor Ferrell reconvened the meeting at 7:05 p.m. 4. MAYOR'S EMERGING ISSUES AND REPORT • Kiwanis 66th Annual Salmon Bake Federal Way City Council Regular Minutes Page 1 of 9 July 19, 2022 Mayor encouraged attendance at the upcoming annual Salmon Bake at Steel Lake Park on July 22; the event sponsored by the Kiwanis benefits community programs. • Movies at Town Square Park The Mayor noted Movies in the Park is back at Town Square Park with Disney's "Encanto" showing on July 23 and "Jungle Cruise" on August 13. The event is a free event for families and is a wonderful community event. Movies begin around dusk at approximately 9:30 p.m.; early attendance was encouraged for the best viewing location. • Upcoming Events Mayor Ferrell noted the City Council meeting calendar for August is always modified by Council Rules to allow participation in National Night Out on the first Tuesday of August. He is looking forward to the annual event and visiting community neighborhoods on August 2. The second meeting in August is canceled to allow the Council and staff a summer break. He noted the Rhythm and Brews Festival will be held at Town Square Park on July 30. 5. PUBLIC COMMENT Deanna Riddle shared her desire for council to consider investing more into parks and room for children to play rather than eliminating park space for development. AnnMichelle G. Hart shared Public Markets often include resources such as food banks and senior centers; they are more than just retail. Ms. Hart advocated the importance of small businesses. Stan Ray spoke in opposition of Steel Lake Park as the location for the Joint Use Maintenance Facility. Susan Strong spoke to the importance of the skate park and suggested that if it is removed, a new one be built in Federal Way. Margaret Reyhner spoke in opposition of Steel Lake Park as the location for the Joint Use Maintenance Facility. Geoffrey Tancredi noted the importance of the ball fields and suggested alternative locations to develop the Joint Use Maintenance Facility. Trenise Rogers spoke in concern with a reported social media post made by a Federal Way police officer; as a mother of five youth, she was disappointed. Laura Anderson teaches at Truman campus near the Steel Lake and urged the council not to take away open park lands with the proposed maintenance facility. Gerald Knutson representing the Historical Society, stated their opposition to the proposal of building a new maintenance facility at Steel Lake. Kevin Harris addressed the misconception that skate parks are a breeding ground for crime. Kellv Soran shared how skate parks enhance our communities; she discouraged Council from building over our current skate park site. Karen Brugato, who serves on the Parks Commission, supports the need for a maintenance facility Federal Way City Council Regular Minutes Page 2 of 8 July 19, 2022 and noted the proposal includes a new skate park be built across the street from the current location. Anna Patrick, resident and alternate Planning Commissioner, feels that it would be a disservice to give -up park space stating that thriving cities have thriving parks. Ken Blevens 50-year resident shared the city is growing and we are not going to get more park space; he does not want to see park space and ball fields taken away. Cynthia_ Ricks-Maccotan, resident and Human Services Commissioner, provided feedback regarding the ARPA funding discussion; and suggested the Council engage the Human Services Commission to review funding requests through a competitive process. William Stewart visits the Steel Lake Skate Park regularly and is heartbroken over the idea of demolishing the skate park. diver Belland, Des Moines resident and FW High School graduate, shared how Steel Lake Skate Park helps his mental and physical health. Suzanne Vargo expressed several concerns related to the proposed joint maintenance facility at Steel Lake including environmental concerns, increase in traffic, and noise pollution. Mary Ehlis believes the community should be better engaged on the Joint Maintenance Facility before a decision is made. Betty Taylor would like to pull the community together in light of recent shootings and shared participating in an awareness of gun violence walk at the Des Moines Waterland Festival. Logan Wilhelm noted other cities in our area have multiple skate parks and Federal Way only has this one location. Joshua Collins began skating Steel Lake park around age five and shared how meaningful the park is. He also added that lights would be a great improvement. City Clerk noted written comments were received from: Dalia Contreras, Scott Chase, Donna Kinder, Melissa Hamilton, Heather Prasad, Tina Garber, Dayla Braunschweig, Neva Welch, Laura Anderson, Susan Strong, Robert Strong, Stephanie Christine Magat, Amy Percy, David Waite, Diana Noble-Gulliford, Dylan Chase, Joleen Bedwell, Lesa Chase, Paula Baerenwald, Susan Overton, Suzanne Vargo, and Terry Felts. All written comments are forwarded to the Mayor and City Council and uploaded to the meeting materials found on the city website. Libby Ray, following review of the proposal, asked which two ball fields would be improved and if restrooms are located at this improved site. Parks Director John Hutton provided clarification at the request of the Mayor, with details of how the park impacts would be mitigated. He clarified there are funds to build a new skate park across the street from the current park and add lighting and irrigation at the Lakota fields; the soccer field would not be impacted. He thanked the skate community who attended and spoke earlier; he agreed that lighting at the new skate park is a great idea and confirmed bathrooms are located at the fields. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Federal Way City Council Regular Minutes Page 3 of 8 July 19, 2022 Walsh noted the last meeting the Council had an extensive discussion on shopping carts, he looks forward to implementing changes that will have significant results. There will be no August meeting; the next meeting will be in September. Land Use/Transportation Committee (LUTC) Councilmember Dovey reported the next meeting will be August 1 at 5:00 p.m. and reported on the items approved at Committee that have moved on for final Council approval. He noted school impact and development fees are being discussed and more information will be presented at the next meeting. Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Tran reported the next meeting is Tuesday July 26 in Council Chambers at 5:00 p.m. Lodging Tax Advisory Committee (LTAC) Councilmember Assefa-Dawson reported on the meeting last Wednesday and noted the next meeting is scheduled for August 8 at 10:00 a.m. Deputy Mayor & Regional Committees Report Deputy Mayor Honda noted the upcoming AWC budget workshop in Leavenworth and stated she will be attending the Senior Advisory Commission tomorrow. She provided an update on talks with the school district for a joint meeting and further reported on changes and the restructuring happening on the King County Board of Health. Council President Report Council President Kochmar also reported on discussion with the school district for a joint meeting of their Board and the City Council. Shared areas of concern include school safety and homeless youth. She will be attending the Good Eggs Breakfast at Emerald Downs with the Pierce County Executive Bruce Dammeier. Mayor Ferrell noted emergency personal are actively participating in table top exercises to prepare for an active shooter scenario. 7. CONSENT AGENDEA a. Minutes: July 5, 2022 Regular and Special Meeting Minutes b. 2022 Citywide ADA Retrofits, 85% Design Report and Authorization to Bid c. 2022 Pavement Repair Project Bid Award d. Adaptive Traffic Signal Control — City Center — Phase 2 Bid Award e. Citywide Pedestrian Safety Improvements 30% Design Report f. 21 st Ave S and S 320th Signalization and Pedestrian Improvements 30% Design Report — pulled and approved separately g. S 288th Street Road Diet — 30% Design Status Report h. USIC Locating Services, LLC - Amendment 2 Underground Utility Locating i. Authorization to Apply for Transportation Grants Sound Transit Laurelwood Park Easement Agreement Councilmember Walsh pulled item f and asked for a presentation for the full Council. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH E AND G THROUGH J ON THE CONSENT AGENDA; 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 Federal Way City Council Regular Minutes Page 4 of 8 July 19, 2022 CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes Consent Item f: 21st Ave S and S 320th Signalization and Pedestrian Improvements 30% Design Report Public Works Director EJ Walsh provided a condensed presentation of what was presented at Committee noting this item is funded by Sound Transit with the goal of getting people in and out of downtown stations. This action authorizes the design which is widely used in Europe and includes a pedestrian crossing S 320th Street at 21 st Ave S. The design which includes raised concrete is ADA compliant and provides a pedestrian barrier from traffic. Mr. Walsh noted the next steps include the project to 85% design with utility coordination. A grant was awarded by Sound Transit in the amount of $730,000 and restricted LIFT funds. He noted the Mayor and Land Use Committee have both recommended approval of this item. Mr. Walsh answered more clarifying questions from the Council regarding alternatives, funding, and the timeline for project for completion. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEM F THE CONSENT AGENDA; 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 Councilmemberpovey yes Councilmember Norton yes 8. COUNCIL BUSINESS a. Joint Use Operation and Maintenance Facility Site Selection (continued from June 21, 2022 and July 5, 2022 Regular Meetings) Deputy Public Works Director Desiree Winkler provided a report to the City Council referencing the previous presentations at the June 21 and July 5 meetings. She noted a joint maintenance facility was identified as a need as far back as the late 90's, and provided a history of the request process. Staff are challenged with an over -crowded, inefficient, and failing existing facility that also has mold and life -safety concerns. In addition to the facility being severely inefficient it is not adequately secure resulting in the loss of expensive equipment from theft, vandalism, and exposure to weather conditions. There have been 17 incidents of theft and vandalism in the last 3-years with additional break-ins since the last presentation on this item. This resulted in over $250,00 in loss of equipment or damages, and an estimated 600 crew hours lost with the inability to complete work until replacement equipment is purchased or the damages are corrected. Deputy Director Winkler overviewed the search parameter criteria used by staff and the consultant to identify an appropriate property: a 10-11-acre property in a centralized location on the west side of 1-5 to enable faster and equitable responses across the city. Ms. Winkler identified the pros and cons for each of the three sites that are closest to meeting the needs (specifically outlined in previous meeting), along with providing feedback on properties the Council proposed. New properties reviewed include: • Property on the east side of 1-5 that is bank appraised at $29M; • Eastwind Area with parcels already development in a combination which is expected to have a combined value of $73M (to acquire enough property), Federal Way City Council Regular Minutes Page 5 of 8 July 19, 2022 s A 3361h parcel combination with bank appraisal of $28.7M, • Current 320th Fire Department property on the east side of 1-5 with a bank value of $40M. • Brook Lake Property • Blueberry Farm Any of the non -city owned alternative sites proposed by Council for consideration would escalate the total project cost from $60.7 million to $106 million. The city -owned properties of Brook Lake and the Blueberry Farm are less desirable as they are located in the south end of the city or are also encumbered with wetlands, leaving the useable area smaller than the current location. Per Council's request Ms. Winkler also provided new program costs for services which are currently outsourced including fueling and fleet maintenance shop and equipment. She reported staff has concluded the Site #2 option results in the least cost by using city owned property with no property acquisition or displacements and the removed park elements will be mitigated. Parks Director John Hutton feels strongly about the importance of park and open space; however, life and safety of staff and crews is also important. He reviewed the proposed mitigation plan which includes the following: added parking at Steel Lake Park, skate park replacement (upgraded to current safety and design standards), • added perimeter walking path to Steel Lake Park, and • add lighting and irrigation at the Lakota fields which expands the use. He noted the new skate park would be designed with the input of the skate community and upgraded to current safety and design standards, and could include lighting which the current location is lacking. Public Works Director EJ Walsh highlighted some the misinformation that has been circling social media and the community in recent days and provided accurate details of the project and mitigation plan. He also explained the need for the centralized location on the west side of 1-5 is especially important to ensure 100,000 residents are not without access to emergency equipment. Council debated and discussed the options and the cost of each option. Mayor Ferrell asked for clarification as to the added cost of selecting any proposed site other than Site #2 and how the sale of the current site satisfies the 1/3 share the Parks Department brings to the facility cost along with funding from Streets and Surface Water Maintenance funds. Director Walsh responded to Council questions regarding environmental and contamination concerns, answered clarifying questions regarding the replacement of the skate park, and spoke to the competing needs of the city. Councilmembers discussed the current loss of staff time, damaged or stolen equipment, and the ongoing inflation of construction costs and acknowledged this facility is needed to safeguard staff and equipment. Council continued to debate the recommendation of site #2 for the preferred location. In an effort to continue discussion Mayor Ferrell asked for a motion to continue the meeting past 10:00 P.M. COUNCIL PRESIDENT KOCHMAR TO SUSPEND COUNCIL RULES TO ALLOW THE MEETING TO CONTINUE PAST 10:00 P.M.; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-1 with Councilmember Norton dissenting: Federal Way City Council Regular Minutes Page 6 of 8 July 19, 2022 Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton no In response to questions, Park Director Hutton reiterated the skate park would be built to the same quality or better acknowledging the goal is to build something the skate community will use and love. Mr. Walsh addressed the timing of removing and replacement of the park as well as the timeline of next steps after selecting a preferred site. Councilmembers individually shared their strong support of parks and for the safety of staff, acknowledging there is no ideal selection option. Council thanked the community for their input and comments both in -person and from emails and phone calls. Council President Kochmar does not support Site #2 and feels the downtown will need more park space as the area becomes more populated; she believes there are better options to be found. Deputy Mayor Honda does not support any loss of parks in the city and this is not the vision for downtown that she wants to see. COUNCILMEMBER DOVEY MOVED TO SELECT "SITE 2" (SW CORNER OF S 312TH ST AND 28TH AVE S) AS THE SITE OF THE NEW JOINT USE OPERATIONS AND MAINTENANCE FACILITY AND AUTHORIZE $250,000 IN EXPENDITURES FROM UNALLOCATED CAPITAL IMPROVEMENT FUNDS TO ADVANCE PRELIMINARY DESIGN; SECOND BY COUNCILMEMBER TRAN. Mayor noted there is a motion on the floor and asked for any further discussion. Councilmember Norton acknowledged this is a difficult vote; she agrees Site #2 is the preferred option, she will vote according to the public feedback. The main motion passed 4-3 as follows: Council President Kochmar no Councilmember Tran yes Deputy Mayor Honda no Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton no b. Discussion on City Council ARPA Priorities • Staff Report: Brian Davis, Interim City Administrator & Steve Groom, Finance Director Deputy Mayor Honda suggested no additional discussion on this topic as it was discussed previously at the Special City Council Meeting. Council concurred no additional discussion was needed at this time and specific questions or needs would be forwarded to the Interim City Administrator to be considered at the next council meeting. 9. ORDINANCE First Reading & Enactment a. Council Business #827/Ordinance: Protection Orders State Statute Updates APPROVED ORDINANCE NO. 22-937 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PROTECTION ORDERS AND OTHER ASSOCIATED RECENT STATE LAW CHANGES; AMENDING FWRC 6.35.040, 6.35.050, 6.35.060, 6,35.070, 6.35.080, AND 6.35.090. Federal Way City Council Regular Minutes Page 7 of 8 July 19, 2022 (AMENDING ORDINANCE NOS. 09-601, 06-526, 03-445, 00-374, 97-297, 97-299, AND 91- 89). City Attorney Ryan Call overviewed the housekeeping ordinance which would adopt- recent changes to protection orders and corrects references made in the Federal Way Revised Code. He noted the ordinance explicitly states the city's intent to assume jurisdiction over crimes prospectively. Mr. Call requested the Council pass this ordinance as an emergency measure which allows for first reading and enactment at the same meeting. No citizen comments were received. COUNCIL PRESIDENT KOCHMAR MOVED TO SUSPEND COUNCIL RULE 2.2(H) TO ALLOW FIRST READING AND ENACTMENT OF THE ORDINANCE IN ONE MEETING; 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 City Clerk Stephanie Courtney read the ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL AND ADDOPTION OF THE PROPOSED ORDINANCE; 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 10. COUNCIL REPORTS Councilmember Dovey, Walsh, Tran, Norton and Assefa-Dawson provided no report due to the lateness of the hour. Deputy Mayor Honda congratulated Cheryl Hurst on her Key to the City and gave a reminder of the Salmon Bake scheduled for Friday, July 27 noting tickets are still available. Council President Kochmar thanked Councilmember Walsh for his work on the shopping cart issue and requested an update on the company to do the homeless camp cleanup. 11. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:26 p.m. Attest: ph nie Courtney City Clerk Approved by Council: QQj�-2V2,-L Federal Way City Council Regular Minutes Page 8 of 8 July 19, 2022