08-09-2022 Council Minutes - RegularCIT
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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