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10-18-2022 Council Minutes - RegularCIT Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers October 18, 2022 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:31 p:m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, 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 excused Councilmember Erica Norton. 3. MAYOR'S EMERGING ISSUES AND REPORT Mayor Ferrell reported the Mayors Day of Concern Food Drive held on October 8 was a success with a high number of in -person grocery and cash donations. He thanked Waste Management (WM) for the curbside pickup of donations and asked Han Kirkland with WM to provide a report. Ms. Kirkland thanked the Mayor and Council for their partnership and noted they were pleased with another successful donation drive for the foodbank. She noted Waste Management would also be at the Tricks and Treats event on October 29 and provided information on a virtual webinar on recycling. MSC Food Bank Director Dan Lancaster thanked everyone for the donations this year, noting they are a direct reflection of those they serve. Mayor Ferrell noted the Federal Way Performing Arts Foundation Annual Gala Dinner and Broadway Show was held on October 15 which was a great event. He encouraged attendance at the MSC Helps Luncheon on Thursday, October 20 at 11:30 a.m. at the Performing Arts and Event Center; and the annual Tricks & Treats Event at the Federal Way Community Center on Saturday, October 29 beginning at 3:00 p.m. Federal Way City Council Regular Minutes Page 1 of 8 October 18, 2022 4. PUBLIC COMMENT Geoffrey Tancredi asked when a joint meeting between the City and School District will occur Deputy Mayor Honda provided an update that there have been discussions about meeting in early December or later. Steven Meier, an elder with Journey Church on 320th, shared about numerous incidents and crimes that have been committed against the church and thier property. The church has taken a significant financial hit as a result not only in replacement cost, but increased insurance rates. Ted Gentry shared frustrations the Journey Church is experiencing with the permitting process to build an unheated detached garage to secure the church vehicles that have been experiencing vandalization and theft. Ken Blevens raised awareness for how decisions made at a state legislative level affect the environment of Federal Way encouraging voter participation. Betty Ta for spoke as a representative of the Human Services Commission stating the $3M ARPA allocation is not enough. They need additional funding to assist agencies in the community. Josias Jean Pierre challenged Council to prioritize the use of ARPA fund for programs that assist residents as opposed to allocating them to assist businesses. Steve Hatch from Journey Church asked for the City's help to reduce the permitting fees in -order to best use church resources to build a detached garage. - Sanya Tushabe raised inquiries relating to the increase in storage unit facilities in the city. She believes there is not a return on investment for the use of land space in only creating a few jobs. She would like to see better development in the city. Yaasameen Wago raised concerns regarding equity of responses during public comment. De'Vonte Parson shared how he developed his passion to help at -risk youth; his vision is to see proven community -based organizations utilized to help the youth in our community and invest in them. Cynthia Ricks-Maccotan supports previous comments made calling for more ARPA funds be allocated to Human Service organizations. She is thankful for the changes made to the Youth Commission requirements and agrees with the previous speaker about the importance of investing in youth programs. Suzanne Vargo spoke against the operation and maintenance facility being built at the Steel Lake Annex. Trenise Rogers, Diversity Commission Chair, does not believe the process for applying for ARPA funds is well-known. She requested the information be shared and reach all communities in an effort to help small businesses, community members and individuals move forward from the pandemic. Federal Way City Council Regular Minutes Page 2 of 8 October 18, 2022 5. PRESENTATIONS a. Recognition of Arts Alive Winners — Arts Commission Arts Commission Chair Vickie Chynoweth and Vice -Chair Karen Brugato presented recognition to the artists who participated in the Arts Alive Program. Chair Chynoweth encouraged everyone to visit the Performing Arts and Event Center which has the artwork on display. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh reported on last week's committee meeting noting items that passed committee; he also noted a discussion on the modification of the shopping cart program which was added to this agenda for full Council discussion. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported the next meeting will be held on November 7. The Committee is set to discuss school and park impact fees and land use. Finance, Economic Development, Regional Affairs Committee: Councilmember Tran reported the next meeting is Tuesday, October 25 at 5:00 p.m. in Council Chambers and on Zoom. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson noted the Committee has been unable to meet due to lack of quorum. She is hopeful to have an applicant intexviewed_and_app-intment-made_in_thenear future_ _ Deputy Mayor & Regional Committees Report: Deputy Mayor Honda reminded Council to apply for appointment to various regional Committees and Boards as they are a great way to network and learn how other cities deal with similar issues. She noted AWC offers the Elected Officials Essentials Webinar which is paid for and open to any Councilmember interested. She will be attending the Senior Advisory Commission and the Board of Health meetings this week. Council President Report: Council President Kochmar invited the Senior Commission to a future Council meeting and provide an update on their workplan. She recently attended, along with Deputy Mayor Honda, the Master Builders Association meeting and will be attending the Super Supper at Christian Faith Center on October 21 and the last day of the Federal Way Farmers Market on October 29. Regional Committee Report: Councilmember Assefa-Dawson provided a report multiple topics discussed at the Suburban Cities Association Public Issues Committee (PIC) meeting last Wednesday. 7. CONSENT AGENDA a. Minutes: September 29, 2022 Special Meeting; October 4, 2022 Regular and Special Meetings b. Resolution: 2023-2025 Solid Waste and Recycling Grant Approvals/APPROVED RESOLUTION NO. 22-833 c. Award 2023 Right -of -Way Landscaping Services Contract Federal Way City Council Regular Minutes Page 3 of 8 October 18, 2022 d. Interlocal Agreement Amendment between City of Federal Way and Federal Way Public Schools for School Resources Officer e—,laiSefvie ^^trrGt King-GewRty4a- -pulled and approved separately f. jail Sera+GesCORtrac-t---1ssacHah Gity jail pulled and approved separately Councilmember Assefa-Dawson pulled items a and f for separate consideration. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH D ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER DOVEY. The motion passed 6-0 as follows Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton excused g. Jail Services Contract — King County Jail h. Jail Services Contract — Issaquah City Jail Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Councilmember Assefa-Dawson inquired if the department does not fully utilize the funds allocated for these jail contract could they be reallocated to services to support at -risk youth. Police Chief Hwang thanked Councilmember Assefa-Dawson for the question, and noted it is unlikely there will be remaining funds, referencing the anticipated annual jail cost based on the previous year. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF CONSENT ITEMS E & F; COUNCILMEMBER WALSH SECOND. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton excused 8. PUBLIC HEARING a. Revenue Public Hearing — 2023 Property Tax Rate (as required by RCW 84.55.120) At 7:43 p.m. Mayor Ferrell opened the Revenue Public Hearing for the 2023 Property Tax Rate. Finance Director Steve Groom presented information regarding the 2023 Property Tax Rate. He noted that while the city adopts a two-year budget, the tax rate must be authorized every year. The levy rate increase is capped at 1 % on existing property. The 2022 tax rate was 81 cents per thousand of assessed value; the proposed tax rate for 2023 is 68 cents per thousand of assessed value. Director Groom provided details on how the rate is calculated and how the assessed value affects property tax bills. He provided information on a Levy Lid Lift which would enable the city budget to catch up for the years where assessed value exceeded the 1 % cap. The city's budget foregoes $15.6M due to the levy lid which affects the services and infrastructure of the city. Federal Way City Council Regular Minutes Page 4 of 8 October 18, 2022 Council thanked Director Groom for the information and presentation. Public Comment — no comments were received. COUNCIL PRESIDENT KOCHMAR MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-0 as follows Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton excused b. Preliminary 2023-2024 Biennial Budget Hearing (as required by RCW 35A.34.090) At 7:53 p.m. Mayor Ferrell opened the Public Hearing for the Preliminary 2023-2024 Biennial Budget Hearing as required by RCW 35A.34.090. Finance Director Steve Groom reviewed the timeline to the budget adoption including several extensive workshops and study sessions. This is the first of two public hearings scheduled to receive public input. The Mayor's Proposed Budget has now incorporated Council requests and direction for total expenses of $155-187 million, and with 397 full-time equivalents. The Property Tax Rate is $0.69 which is less than half of the $1.60. He referenced Exhibit A which will be attached to the Budget Ordinance and includes the authorization to spend and the appropriation by the City Council. Director Groom highlighted the Council -mandated fund balance policy requirement with each fund, with the exception of Lodging Tax, will end up exactly at the policy floor. Council thanked Mr. Groom for the presentation and asked minor clarifying questions. Public Comment — no comments were received. COUNCIL PRESIDENT KOCHMAR MOVED TO CONTINUE THE 2023-24 BIENNIAL BUDGET HEARING TO NOVEMBER 1, 2022; SECOND BY COUNCILMEMBER TRAN. The motion passed 6- 0 as follows Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton excused 9. COUNCIL BUSINESS a. Approval of Corliss Litigation Settlement Assistant City Attorney Kent van Alstyne provided a report on the proposed Corliss Litigation Settlement. The city would agree to waive half of the fines incurred for unpermitted paving causing surface water violations as the violation has been brought into compliance; Corliss would also agree to drop the pending litigation. Federal Way City Council Regular Minutes Page 5 of 8 October 18, 2022 Mayor Ferrell thanked Mr. van Alstyne for the presentation. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CORLISS LITIGATION SETTLEMENT; SECOND BY COUNCILMEMBER TRAN. The motion passed 6-0 as follows Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton Excused b. Modifying the City's Regulation of Shopping Carts Assistant City Attorney Kent van Alstyne provided background and history on this item which was forwarded from the Committee as a discussion item for full Council. He provided the existing regulations and state requirements for retailers to label the shopping carts with identification signs. He spoke to issues such as shopping cart security measures, impound fees charged to cart owners, and criminal and civil regulations. Mr. van Alstyne noted a proposed code change includes making possession of a shopping cart a civil infraction and the cart subject to seizure. The mechanism to incentivize the retailer to make carts which have the proper identification notices on them would be exempt from impound fees. He noted the intent of this discussion is to gather feedback and bring back in the form of an ordinance. Council thanked Mr. van Alstyne for the work on this issue and presentations. Clarifying questions were asked regarding civil infraction penalties; if the retailers have a big enough stake in this issue and preventing cart theft; and if retailers should be required or incentivized to properly secure their carts after-hours when the businesses are not open. Additional questions were asked regarding the fiscal impact of this program and the cost of police and staff time, and storage facility to store seized items from the shopping carts. Councilmembers also expressed concern this could be targeting the most vulnerable in the community including mothers using the carts to transport young children and groceries, or elderly residents; and if this program would be staffed during the business work week or 24/7 by city staff and the police department. Councilmembers asked to have these questions answered along with the training plan to properly protect staff in these situations. Council continued to debate this issue. City Attorney Call clarified without a crime, the carts cannot be seized; the carts would have to have the required signage. He also noted if the individual has the ability to take their belongings, there would be no need to catalog and store items; however, if they do not have that ability, the items cannot be left in the right of way. Interim City Administrator Davis and Police Chief Hwang answered additional questions. COUNCILMEMBER WALSH TO FORWARD THE PROPOSED ORDINANCE WITH THE LANGUAGE OF REQUIRED SIGNAGE PLUS SECURITY MEASURES FOR THE FEE TO BE WAIVED, TO FIRST READING ON NOVEMBER 1, 2022; SECOND BY COUNCILMEMBER DOVEY. City Attorney Call and Assistant City Attorney van Alstyne clarified additional procedural questions regarding details of the ordinance. Federal Way City Council Regular Minutes Page 6 of 8 October 18, 2022 The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton excused 10. ORDINANCES Second Reading/Enactment a. Council Bill #829/ Amending Eligibility for Youth Commission/APPROVED ORD 22-939 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE YOUTH COMMISSION; AMENDING FEDERAL WAY REVISED CODE 2.6.040 (AMENDING ORDINANCE NOS. 92-139, 92-157, 96-282, AND 14-774). - The ordinance title was read into the record by the City Clerk. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER DOVEY. The motion passed 6-0 as follows Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton excused b. Council Bill #830/Establlshing_an Urban Forestry _Fund JAPPROVED ORD 22-940 -N-ORDINANCE- FTHE-CITY OF FEDERAL WAY, WASH1N=N—,RELATING TO THE- ESTABLISHMENT OF AN URBAN FORESTRY FUND; ADDING A NEW SECTION TO CHAPTER 3.50 FWRC. The ordinance title was read into the record by the City Clerk. COUNCILMEMBER TRAN MOVED APPROVAL 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 Councilmemberpovey yes Councilmember Norton excused 11. COUNCIL REPORTS Councilmember Dovey, Councilmember Walsh, Councilmember Tran, and Councilmember Assefa-Dawson had no report. Deputy Mayor Honda noted the last day of Farmers Market is Saturday, October 29 which will be a Halloween event. She will be attending the Federal Way High School Homecoming Game this Friday and staffing the concessions on behalf of the Kiwanis and Key Club Advisor. Council President Kochmar no report. Federal Way City Council Regular Minutes Page 7 of 8 October 18, 2022 12. EXECUTIVE SESSION o Collediye Ba �S'7 2fl 1ArllA ���4aMo D �,GIAl-��-�}M not needed • PeRdiRg Lit+gat+Qrr- urstiato RC; '�0.1�4 not needed 13. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:50 p.m. Attest: �Ww &im 5 e h nie Courtney City Clerk Approved by Council: I I Im I=z Federal Way City Council Regular Minutes Page 8 of 8 October 18, 2022