11-01-2022 Council Minutes - RegularCITY OF
Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
City Hall — Council Chambers
November 1, 2022 — 6:30 p.m.
CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:40 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 Councilmembers Norton and Walsh were attending remotely.
3. MAYOR'S EMERGING ISSUES AND REPORT
Mayor Ferrell provided information on recent events in the community including the Multi
Service Center (MSC) Helps Luncheon on October 20; and the Federal Way Community
Caregiving Network's Souper Supper on October 21. He thanked Director Hutton and the Parks
Staff for the Tricks & Treats event at the Federal Way Community Center on October 29.
Director Hutton noted there were 280 pre -registered kids and over 1,000 in attendance at the
event.
The Mayor was pleased to remind everyone of the Dick's Drive -In Groundbreaking ceremony
on November 2; the location is adjacent to Pacific Highway where the Farmer's Market was
previously located. He also encouraged the community to attend the Broadband/Internet Town
Hall Meeting in Council Chambers and via Zoom on November 9 at 6:00 p.m.; there is also a
broadband survey available on the city webpage and at City Hall.
4. PUBLIC COMMENT
Suzanne Vargo spoke in opposition of a maintenance facility located at the Steel Lake Annex
feeling it would be detrimental to the area and referenced the original deed for Steel Lake park.
Verita Johnson shared about a nuisance property in her neighborhood. She previously brought
her concerns to Code Compliance but the issues have not been corrected.
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November 1, 2022
Alex Milsten requested more assistance for those experiencing a mental health crisis, noting it
can contribute to substance abuse.
Felicia Wilson & Stacey O'Shea, with the King County Library System, shared about the many
programs that the library system offers including citizenship classes, children's entertainment,
story times, teen advisory group, senior programs and other events.
Bob Riddle understands the need for a new maintenance facility, however, he is not in support
of the Steel Lake Annex as the location and referenced the Special Warranty Deed on the
property.
Marie Sciacgua opposes using Steel Lake Annex as the location for a new OMF facility stating
that Town Square Park is not equal to Steel Lake Annex and does not make up for the loss of
that park.
Karen Bru ato, Arts Commissioner and 30-year resident, requested a budget increase of an
additional $150,000 for the Arts Commission and explained how the commission uses the
funds.
Brandon Moak, President of the Federal Way Symphony Board and business owner, shared
the Symphony is struggling to afford the PAEC due to the Arts Commission inability to provide
meaningful grant amounts. He has a desire to see a vibrant art community in Federal Way.
Mark Piennett spoke on the importance of art in communities as he believes a vibrant arts scene
is part of a vibrant community.
Matthew Safley shared concerns about the educational system, grading techniques, and
teaching staff within Federal Way schools.
Craig Patrick shared how Stand Up Federal Way made an impact in the last year through
community engagement, political engagement, and school engagement. He reported on the
community clean-up efforts and requested funding to support ongoing efforts.
Ann Elevens requested pot holes along S 304th be corrected and expressed concerns about
the area around the Light Rail construction looking messy.
Trenise Rogers was disappointed to hear the school district announced a joint meeting with the
City Council had been canceled. She also followed up on the naming request John Conna.
Carolyn Hoover spoke in favor of passing the shopping cart ordinance and relies on the police
to protect and uphold laws.
Toni Ball shared about a resent experience she had where she was assaulted by a local
business owner and the negative interaction she had with police in response to that incident.
She would like to use her experience as an opportunity for communication with the City to learn.
Mayor Ferrell directed various staff to address and follow-up regarding issues raised during
public comment. Deputy Mayor Honda provided an update on the discussions with the
school board to host a joint meeting.
5. PRESENTATIONS
a. Proclamation: Native American Heritage Month — November 2022
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November 1, 2022
Deputy Mayor Honda read and presented to Katherine Festa, Chair of the King County
Native American Leadership Council. Ms. Festa thanked the Mayor and Council for the
proclamation, and acknowledged the land of the Puyallup, Duwamish and Muckleshoot
Tribes. Ms. Festa spoke of her history and the importance of remembering and honoring
the many native cultures dating back to original inhabitants of the land.
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember
Walsh reported the next committee meeting is November 8 at 5:00 p.m. in Chambers. He will
be attending remotely; he thanked Councilmember Assefa-Dawson for chairing the meeting.
Land Use/Transportation Committee (LUTC): Councilmember Dovey noted the next
committee meeting is Monday, November 7. Downtown development will be discussed and he
encouraged residents attend to provide input.
Finance, Economic Development, Regional Affairs Committee (FEDRAC):
Councilmember Tran reported on the October 25 committee meeting; items b-g on the Consent
agenda were forwarded by the Committee for Council review and approval. He highlighted the
employee retention incentive payment processing item which is recommended for full Council
approval.
Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson reported the
next meeting is scheduled for Wednesday, November 9 at 10:00 a.m. She noted a Committee
vacancy. was just filled which allows them to meet quorum.
Deputy Mayor & Regional Committees Report: Deputy Mayor Honda reported on upcoming
regional committees and learnin,g opportunities with AWC and SCA; she encouraged
Councilmembers to submit applications for next year's regional committee appointments. She
recently attended the Senior Advisory Commission, Master Builders Association breakfast and
reported on the ongoing Broadband/Internet survey which is seeking feedback on community
and business needs.
Council President Report: Council President Kochmar noted she will be attending the
Chamber of Commerce lunch tomorrow and is also looking forward to the groundbreaking
ceremony of the new Dick's Drive -In.
7. CONSENT AGENDA
a. Minutes: October 18, 2022 Regular and Special Meetings
b. AP Vouchers 09/16/2022 — 10/15/2022 & Payroll Vouchers 09/01 /2022 - 09/30/2022
c. Monthly Financial Report — September 2022
d. 2023 Highline College Small Business Development Center (SBDC) Interagency
Agreement
e. Employee Retention Incentive Payment Processing Plan
f. Town Square Park & Downtown Staircase Electrical Upgrades
g. Purchase of Police Vehicle Laptops
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH G ON THE
CONSENT AGENDA; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as
follows
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November 1, 2022
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
Councilmember Assefa-Dawson yes Councilmemberpovey yes
Councilmember Norton yes
8. PUBLIC HEARING
a. Final 2023-2024 Biennial Budget Hearing (as required by RCW 35A.34.090— continued from
October 18, 2022)
Finance Director Steve Groom overviewed the timeline of the , presentations and
discussions with the full Council regarding the 2023-2024. biennial budget including
workshops and the initial public hearing. Staff have collected input which has been
addressed or incorporated into the 320-page final budget.
Director Groom provided information regarding the fund balances and the reserve
requirements along with the prioritized services and infrastructure. He noted the public
hearings are required to accept public comment- prior to the first reading of the budget
ordinance later in the agenda.
m Public Comment — 3 minutes each
Karen Burgato. spoke representing the Arts Commission requesting an increase in
allocation of an additional $150,000 from the current funding level of $50,000. She
is concerned Federal Way ranks low in comparison of neighboring cities and
reflected on the grants the Commission has provided in the community.
Craig Patrick. requested a small budget allocation for Stand -Up Federal Way a non-
profit organization who continues to work in the community with donated time and
supplies. He asked the Council show appreciation and support for the organization.
Council President Kochmar suggested Mr. Patrick look into applying for an ARPA
grant; the process will be discussed at the next City Council meeting.
Council Discussion
Council thanked Mr. Groom and the public for the comments; clarifying questions
were asked regarding the ARPA funds and if they are included in the current 2021
budget and the proposed biennial budget. Additional questions were asked
regarding the timeline for a budget adjustment to capture any unutilized funds;
Director Groom noted the adjustment will be prepared once they have the actuals
for 2022.
Deputy Mayor Honda asked for clarification regarding approval of items in the
budget versus appropriation of funds. City Attorney Call stated the budget is for
Council to appropriate the funds; items over $20,000, excluding some professional
services contracts, come back to Council for review and approval.
Deputy Mayor Honda asked to pull the Maintenance Facility funding from the
proposed budget until more details are known regarding the true costs and how it
will be funded.
COUNCIL PRESIDENT KOCHMAR MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY
COUNCILMEMBER DOVEY. The motion passed unanimously as follows
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November 1, 2022
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmember Dovey yes
Councilmember Norton yes
9. COUNCIL BUSINESS
a. Planning Commission Appointments
COUNCILMEMBER DOVEY MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE
PLANNING COMMISSION: TOM MEDHURST TO A VOTING POSITION EXPIRING ON
SEPTEMBER 30, 2026; ANNA PATRICK TO A VOTING POSITION EXPIRING ON SEPTEMBER
30, 2026; VICKIE CHENOWYTH TO A VOTING POSITION EXPIRING ON SEPTEMBER 30, 2026;
AND HOPE ELDER TO AN ALTERNATE APPOINTMENT; 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. Youth Commission Appointments
COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE
YOUTH COMMISSION: SIENNA MAYO TO A VOTING POSITION EXPIRING ON AUGUST 31,
2024; AND JUAN JUAREZ-RAMOS TO A VOTING POSITION EXPIRING ON AUGUST 31, 2024;
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
c. Lodging Tax Advisory Commission Appointment
COUNCILMEMBER ASSEFA-DAWSON MOVED TO MAKE THE FOLLOWING APPOINTMENT TO
THE LODGING TAX ADVISORY COMMISSION: JULIANA MARROQUIN TO A VOTING POSITION
EXPIRING ON OCTOBER 31, 2024; SECOND BY COUNCIL PRESIDENT KOCHMAR. 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. ORDINANCES
First Reading
a. Council Bill #831/Ordinance: 2023-2024 Biennial Budget
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BUDGETS AND FINANCE, ADOPTING THE 2023-2024 BIENNIAL BUDGET
Mayor Ferrell noted the staff report was presented previously during the public
hearing tonight and on October 18, 2022 by Finance Director Groom.
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November 1, 2022
No public comment was received.
The ordinance title was read into the record by the City Clerk
COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO
THE NOVEMBER 15, 2022 COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
SECOND BY COUNCILMEMBER DOVEY. The motion passed 5-2 as follows:
Council President Kochmar
yes Councilmember Tran yes
Deputy Mayor Honda
no Councilmember Walsh yes
CouncilmemberAssefa-Dawson
yes Councilmemberpovey yes
Councilmember Norton
no
b. Council Bill #832/Ordinance: 2023 Property Tax
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2023.
Finance Director Groom noted the public hearing for the property tax levy was
held on October 18. The proposed levy increases$154,000 or 1.32% with the
tax rate decreasing $0.12 per $1,000 of assessed value.
No public comment was received.
The ordinance title was read into the record by the City Clerk
COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO
THE NOVEMBER 15, 2022 COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
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
c. Council Bill #833/Ordinance: Modifvina the Citv's Reaulation of Shormina Carts
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO
THE REGULATION OF SHOPPING CARTS WITHIN THE CITY; AMENDING FWRC
7.03.020, 7.25.030, 7.25.040, AND 7.25.060; ADDING A NEW SECTION TO CHAPTER
6.30 INCLUDING SECTION 6.30.070; AND ADDING A NEW SECTION TO CHAPTER
7.25 INCLUDING SECTION 7.25.070. (AMENDING ORDINANCE NO. 18-858.)
Assistant City Attorney Kent van Alstyne provided information on the proposed
amendments to the city's current shopping cart regulations. Mr. van Alstyne
referenced previous presentations made on this subject and noted these
modifications create a mechanism for removing occupied shopping carts, which
does not currently exist in the code.
He overviewed the current regulations of shopping carts which relates to
abandoned carts in the city. Under the current code language, staff collects only
abandoned carts which are not currently occupied and taken back to a holding
area. The retailers are charged an impound fee, which is waived if certain
conditions are met. Possession of a shopping cart removed from the premises
with a legally compliant signage, is currently a criminal misdemeanor offense
(RCW 9A.56.270).
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November 1, 2022
Proposed modifications include making the possession of a shopping cart in a
city right-of-way (taken from the retail property), a Class III civil infraction and
subject to seizure. The additional modifications expand the impound program to
include abandoned and seized shopping cart. The new language also provides
for incentive for retailers to enact security measures when the retail
establishment is closed and requires the City develop procedures for treatment
and storage of personal property in seized carts.
Building Official Scott Sproul provided additional answers to procedural
questions asked at previous meetings including staff training, protective
equipment, days and hours of enforcement, and coordination with the Police
Department. Interim City Administrator Brian Davis clarified for staff safety, Code
Compliance staff will not respond to these calls without a police officer on site.
Council thanked Mr. van Alstyne and Mr. Sproul for the presentation. Additional
questions were raised regarding how the retailers currently handle cart security,
cart retrieval, and the average length of impound.
Councilmembers continued to debate and offered concern that while this is a
nuisance within the city, regulations should be designed and applied equally.
Councilmembers in support of this ordinance indicated this is one small step in
making the city more livable.
City Attorney Call clarified this ordinance defines the act of possessing a
shopping cart in the rights -of -way. Initially officers can give warnings and
educate individuals to the new regulations, and agreed laws apply to everyone
equally.
• Public Comment
Dara Mandeville stated as business and property owner, she is concerned at the
lack of accountability regarding stolen shopping carts. She encouraged the
Council approve the ordinance and send a message that the city will no longer
tolerate this.
The ordinance title was read into the record by the City Clerk
COUNCILMEMBER WALSH MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
NOVEMBER 15, 2022 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND
BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows:
Council President Kochmar
yes Councilmember Tran yes
Deputy Mayor Honda
yes Councilmember Walsh yes
Councilmember Assefa-Dawson
yes Councilmemberpovey yes
Councilmember Norton
yes
11. COUNCIL REPORTS
Councilmember Assefa-Dawson, Councilmember Norton, Councilmember Walsh, and
Councilmember Tran provided no report.
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November 1, 2022
Councilmember Dovey acknowledged the passing of a longtime resident and city advocate H.
David Kaplan at the age of 87.
Deputy Mayor Honda reported on the Board of Health meeting and concern for the rising cases
of Covid on the East Coast; she also noted the cost of immunizations will now be passed on to
the county health departments. She reported on the concerning increase in RSV patients at
Children's Hospital ICU and provided information on a pilot program offering a dual flu/Covid
immunization in Auburn. She inquired if the city's Sister Cities need assistance due to the
ongoing war in Ukraine and the Halloween disaster in Korea. She remains concerned with the
maintenance facility location and taking of parks land.
12. EXECUTIVE SESSION
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13. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 9:14 p.m.
Attest:
t h nie Courtney
City Clerk
Approved by Council:
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November 1, 2022