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01-17-2023 Council Minutes - RegularCIT Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* January 17, 2023 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:32 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 Dovey, and Councilmember Jack Walsh. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. CEREMONIAL SWEARING -IN • Promotional Swearing -In of Lt. Jeffrey Mundell Chief Hwang introduced Lt. Mundell and his family, and shared his background with the department and prior military service. Chief Hwang noted the department is lucky to have him and he was please to make this promotion. Mayor Ferrell administered the Oath of Office and congratulated Lt. Mundell. 4. MAYOR'S EMERGING ISSUES AND REPORT Update on Stevenson Motel City Administrator Brian Davis noted in response to House Bill 1220, the city enacted licensing regulations for permanent supportive housing and emergency shelters which follows a Land Use Process III. The city recently received an application from Catholic Community Services for temporary use of the Stevenson Motel for emergency shelter with 22 rooms. He overviewed the list of limitations and requirements for licensing Council asked clarifying questions regarding the exclusion of private schools and daycares from the required 1000-foot buffer from a shelter location. Administrator Davis stated the city is unable to include so many limitations that it becomes a de facto ban. Council also requested updated information on the Red Lion Shelter project. Mayor Ferrell Federal Way City Council Regular Minutes Page 1 of 10 January 17, 2023 noted the King County Red Lion shelter has stalled; Administrator Davis confirmed the city has not yet received an application for a permit. Update on Shopping Cart Ordinance City Administrator Brian Davis provided an update on the preliminary procedures set up for processing shopping cart violations with the Police Department and Code Compliance Officers. He outlined the process which documents the specific items to be stored at an offsite facility. Individuals are notified the city will not store items of value including cash, medication, jewelry or electronic devices. A Notice of Infraction (NOI) will be issued which is then used to claim the belongings within 60-days. He outlined safety measures enacted to protect staff and acknowledged this is an ongoing conversation are expected to evolve and expand as the program moves forward; he also provided a list of supplies which have been ordered. Council thanked Administrator Davis for the report and asked questions relating to staffing levels, the storage facility location, and if direct notification has been sent to retailers regarding these new regulations. State of the City Address Mayor Ferrell noted his annual State of the City Address will be held at the Performing Arts & Event Center on Thursday, February 16; doors open at 5:30 p.m. He is pleased this event is returning to in -person for the first time since 2020. City Council Annual Retreat Mayor Ferrell stated the Council will be holding their annual retreat at Dumas Bay Centre on Saturday, January 21; doors open at 8:00 a.m. The topic of the meeting will largely be centered on downtown redevelopment. Citizens are encouraged to attend. Recent Events in the Community Mayor Ferrell reported on his recent address to the Chamber of Commerce on January 4; and the successful MLK Jr. Community Event and Food Drive held at the Performing Arts and Event Center on January 14. Mayor Ferrell invited Diversity Commission Chair Trenise Rogers and Diversity Commissioners to provide a report on the event; he believes this was the most well - attended Martin Luther King Jr. event to date. Diversity Commission Chair Rogers publicly thanked DEI Coordinator Kia McGlone for all her work with the commission and specifically for her tremendous work on bringing this event to life. Ms. McGlone was proud and thankful for the event; Councilmembers also thanked Ms. McGlone for her work on this impactful event. Recognition of FUSION Cold Weather Shelter Mayor Ferrell acknowledged FUSION for their activation of the cold weather shelter which served many unhoused individuals. Community Services Manager Sarah Bridgeford introduced FUSION Program Manager and Housing and Employment Case Manager who were pleased to serve the community and are thankful for the partnership with the city. Ms. Federal Way City Council Regular Minutes Page 2 of 10 January 17, 2023 Bridgeford also thanked FUSION CEO David Harrison and city staff Patti Spaulding-Klewin for their work and coordination. 5. PUBLIC COMMENT Ken Blevens advocated for more drug addiction facilities, stating that this would help to remedy the homelessness issue. Chel'yi Hurst addressed the joint operations facility for parks and public works, stating that they deserve a new facility but questioned if there is anywhere else besides the Steel Lake Annex. She also noted that homelessness and drug addiction is a regional problem urged the city to work with surrounding cities to create a program to help these issues. Lana Bostic thanked the Mayor and Police Chief Hwang for the February 4 Gun Buy -Back Event. She also provided an update on the Senior Commission's essential item drive that supported Avalon Care Center this past year, and was very thankful for and complementary of the MLK Jr. Day Event. Geoffrey Tancredi has been using the SeeClickFix app to report encampments, graffiti and other issues to the City sharing his desire for a clean city. Anna Patrick shared about some of the struggles that businesses are facing within the City and asked for increased direction for businesses on when to call 911. Craig Patrick promoted the upcoming St. Patrick's Day holiday and the St. Vincent's Fish Fry. He also addressed homelessness and asked if there is a limit to the number of shelters allowed in Federal Way. Roxy Sleeper raised awareness of an international organization that partners with US government in the areas of global land use, population and climate. Susan Strang thanked the Council for the shopping cart ordinance and expressed concern about the increasing number of carts at the Day Center. Betty_ Ta r� for shared about the recent Open Public Meetings Act (OPMA) training that she attended as a part of the Human Services Commission. She critiqued the way the information was presented. Tirzah Idahosa expressed a desire to see money allocated to prevention programs instead of used to punish people who are homeless and drug addicted. She said people are going to jail for crimes of poverty but crime is different than being poor. Suzanne Vargo shared that according to a grant that was provided to help develop Steel Lake, the City is prevented from changing the Steel Lake Annex to an operations facility. She shared additional details laid out in the grant agreement. City Administrator, Brian Davis, provided an update on the status of the Operations and Maintenance Facility. The council approved a due diligence phase of studying the property, this includes looking at all deed restrictions to determine if the location is feasible. The analysis should be completed late spring or early summer. Federal Way City Council Regular Minutes Page 3 of 10 January 17, 2023 6. PRESENTATIONS a. Legislative Update City Administrator Brian Davis provided a brief update on State and Federal Legislative Priorities which include public safety, transportation, and housing. He reported the city meets regularly with the federal lobbyist and provided more specific information regarding Senate and House hearings. Council thanked Administrator Davis for the update, and requested information on opportunities to provide testimony at state hearings. 7. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh noted the Committee met January 10 and forwarded items to this Council Meeting for final approval; the next meeting will be February 14. Land Use/Transportation Committee (LUTC) — Councilmember Dovey noted the upcoming LUTC meeting will be February 6 where topics of interest will include signs and park impact fees. Finance, Economic Development Regional Affairs Committee (FEDRAC) — Councilmember Tran noted the Committee did not meet in December and the next meeting would be January 24 at 5:00 p.m. in Council Chambers. Lodging Tax Advisory Committee (LTAC) — Councilmember Assefa-Dawson reported on a successful meeting with the new Economic Development Director. The next meeting will be February 8 at 10:00 a.m. She further provided a regional update on the Highline Forum which will be hosted at City Hall on January 25. Deputy Mayor & Regional Committees Report — Deputy Mayor Honda provided an update on various regional meetings she participated in including the PIC meeting where King County Regional Homelessness Authority 5-year plan was discussed. She reported on attending the South County Area Transportation Board meeting and noted AWC Action dates are approaching in February. Council President Report- Council President Kochmar asked for a report from the Day Center on their activities and programs. She reported on a community request to create more programs and activities for teens in the city. She reported on ongoing positive conversations with the School Board. 8. CONSENT AGENDA a. Minutes: January 3, 2023 Regular and Special Meeting Minutes b. Acceptance of Transportation Grants c. Valley Narcotics Enforcement Team (VNET)/ U.S. Department of Justice, Drug Enforcement Administration (DEA) High -Intensity Drug Trafficking Area (HIDTA) Task Force Agreements d. Lease Agreement between Bali Road, LLC and the City of Federal Way for the Downtown Police Substation e. Global Kitchen DBA Kay Catering — New Contract Catering Services Federal Way City Council Regular Minutes Page 4 of 10 January 17, 2023 f. RESOLUTION: Authorizing the Allocation of Funds in Accordance with the 2022 South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund/APPROVED RESOLUTION NO. 23-836 separately9- puffed and approved h. Diversity Commission 2023 Annual Work Plan — pulled and addressed separately Deputy Mayor Honda pulled item g/Parks & Recreation Commission 2023 Annual Work Plan. Councilmember Walsh pulled item h/Diversity Commission 2023 Annual Work Plan. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A THROUGH F; 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 (Pulled item) g/Parks & Recreation Commission 2023 Annual Work Plan: Deputy Mayor Honda was pleased to see Master Plans included for both Brooklake and Steel Lake properties; her desire is to bring attention to and actively save historical properties. Parks Director Hutton will keep Council updated on progress. DEPUTY MAYOR HONDA MOVED APPROVAL OF PARKS AND RECREATION COMMISSION 2023 ANNUAL WORK PLAN; COUNCIL PRESIDENT KOCHMAR SECOND. 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 (Pulled item) h/Diversity Commission 2023 Annual Work Plan Councilmember Walsh thanked the Diversity Commission for the work plan and requested timelines be added to the plan similar to other Commission plans. He suggested it go back to the Commission to add those specifics. Councilmembers referenced a similar conversation at the Committee meeting and the desire to be consistent and standardize the Commissions. COUNCILMEMBER WALSH MOVED TO SEND THE DIVERSITY COMMISSION WORK PLAN BACK TO THE COMMISSOIN TO PROVIDE A TIMELINE; COUNCILMEMBER DOVEY SECOND. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes January 17, 2023 Page 5 of 10 9. COUNCIL BUSINESS a. Discussion on AWC Housing Solutions Workgroup Recommendations Community Development Director Keith Niven provided information on the stated goals of the AWC Housing Solutions Workgroup (HSW). He provided further detail into four of the recommendations that he believes could impact the city the greatest. These include: • No maximum density allowed within a half mile walking distance of rapid transit, if 20% of units are affordable at 80% of area median income (AMI) or below for fifty years; • 75% of residential lots must allow at least three units per lot; • Individual lots can be excluded with a documented finding of an infrastructure deficiency; and • Support of changes to the state building code to facilitate middle housing. Councilmembers shared concern for regulations which would strip cities of the ability to retain or create any unique characteristics or ability to contra) their own development standards. Councilmember Assefa-Dawson shared her concern that setting the threshold at 80% AMI is serving those that could possibly afford homeownership and not 30% or 60% AMI. Councilmembers continued to discuss and ask questions of Director Niven and shared concern regarding possible further state action of local mandates. Mayor Ferrell agreed and will contact the city lobbyist to connect with the state delegation. Councilmembers noted many neighboring jurisdictions are equally concerned and requested a representative from the -HSW attend an upcoming LUTC meeting to provide further information. Councilmembers supported preparing a letter of concern to AWC and reemphasize support for local control. City Attorney Ryan Call cautioned against serial decision -making where each Councilmember individually reviews and provides input to a collective letter. Mayor Ferrell offered to send a letter on the Council's behalf and outline the- concerns stated at this meeting. COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE THE MAYOR SEND A LETTER ON BEHALF OF THE COUNCIL TO AWC IN ACCORDANCE WITH THE CONCERNS STATED AT THIS MEETING; COUNCILMEMBER WALSH SECOND. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes b. Confirmation of City Council Executive Assistant DEPUTY MAYOR HONDA MOVED TO CONFIRM AMY GLANDON AS CITY COUNCIL EXECUTIVE ASSISTANT; SECOND BY COUNCILMEMBER NORTON. 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 Federal Way City Council Regular Minutes Page 6 of 10 January 17, 2023 10. ORDINANCES First Reading a. Council Bill #840/2022 Various Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO VARIOUS AMENDMENTS TO TITLES 18 (SUBDIVISIONS) AND 19 (ZONING AND DEVELOPMENT; AMENDING FWRC 18.10.030, 19.05.010, 19.70.060, 19.70.150, 19.75.060, 19.80.140, 19.110.010, 19.115.050, 19.115.090, 19.125.160, 19.130.020, 19.145.410, 19.145.440, 19.195.015, 19.200.020, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.150, 19.220.050, 19,220.080, 19.220.100, 19.220.105, 19.225.055, 19.225.070, 19.225.075, 19.230.055, 19.230.060, 19.230.065, 19.240.085, 19.240.095. (Amending Ordinance Nos. 90-40, 90-41, 90-43, 90-631, 92-133, 93-170, 95-245, 96-270, 96-271, 97-291, 99-333, 99-337, 00-375, 01-381, 01-382, 02-424, 02-426, 03-443, 04468, 05-506, 06-515, 07-545, 07- 554, 07-559, 07-573, 08-585, 09-593, 09-604, 09-605, 09-594, 09-610, 09-631, 10- 651,10-669, 10-678, 11-681, 11-700, 12-713, 13-754, 14-760, 14-778, 15-797, 15-804, 17-834, 18-850, 18-852, 18-844, 20-898, 21-921 and 22-932.) Associate Planner Natalie Kamieniecki provided a presentation outlining various code amendments. Planning Commission held a public hearing on November 22, 2022 and all items were forwarded to the Land Use Transportation Committee on January 9, 2023. She noted the comment and appeal period have passed; no appeals were filed. The following issues are addressed in this update: application submittal requirements for boundary line adjustments; hearing notice requirements; Process VI council rezone criteria; affordable housing definitions; Community Design Guidelines; structures and improvements; off-street parking minimums; wetland review; and correction to multi -family zone chart heading. Council thanked Ms. Kamieniecki for the report. No public comment was provided. City Clerk Stephanie Courtney read ordinance title into the record. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE FEBRUARY 7, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; 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 b. Council Bill #841/Creation of a City Clerk Department AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CREATION OF A CITY CLERK DEPARTMENT; REMOVING FWRC 2.11.030; AND ADDING NEW SECTION 2.19 TO TITLE 2. (Amending Ordinance Nos. 14-766 and 10-666). City Administrator Brian Davis stated at the direction of the Mayor and Council, staff brought forward an ordinance to create a City Clerk Department. The City Clerk's Office serves as the primary point of contact for the public and staff regarding the city's legislative action and official information. In addition, they provide the link between the community and elected .officials in effort to enhance public Federal Way City Council Regular Minutes Page 7 of 10 January 17, 2023 participation in the municipal process, provide transparency and access to essential public records, and ensure continuity for the city of Federal Way by recording and retaining historical and contemporary legislative action. No public comment was provided. City Clerk Stephanie Courtney read ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE FEBRUARY 7, 2023 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 Councilmemberpovey yes Councilmember Norton yes Second Reading/Enactment a. Council Bill 9835/Ordinance: Establishing a Procurement Standard related to Comoost Products used in Government -Funded Proiects and Maintenance (per HBI799 Organics Management-Law)/APPROVED ORDINANCE NO. 23-945 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO PROCUREMENT OF COMPOST PRODUCTS. City Clerk Stephanie Courtney read ordinance title into the record. COUNCILMEMBER DOVEY 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 yes b. Council Bill #836/Ordinance: Chanter 8.43 Establishina Weight and Load Regulations within the City1APPROVED ORDINANCE NO. 23-946 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO WEIGHT AND LOAD REGULATIONS; AMENDING FWRC 8.40.030 DESIGNATED VEHICLE ROUTES; AND ADDING A NEW CHAPTER 8.43 FWRC, WEIGHT AND LOAD REGULATIONS, INCLUDING SECTIONS 8.43.010,8.43.020, AND 8.43.030. (Amending Ordinance Nos. 00-365,91-103, and Resolution No. 09-539). City Clerk Stephanie Courtney read ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; 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 c. Council Bill #837/Ordinance: Plannina Commission Code Amendments/APPROVED ORDINANCE NO. 23-947 Federal Way City Council Regular Minutes Page 8 of 10 January 17, 2023 AN ORDINANCE OF TIIE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CITY PLANNING COMMISSION; AMENDING FWRC 2.90.020 AND REPEALING FWRC 2.90.030. (Amending Ordinance Nos. 90-43 and 96-272.) City Clerk Stephanie Courtney read ordinance title into the record. COUNCILMEMBER DOVEY 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 Councilmember Dovey yes Councilmember Norton yes d. Council Bill #839/Ordinance: Creation of a Human Resources Department/APPROVED ORDINANCE NO. 23-948 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CREATION OF A HUMAN RESOURCES DEPARTMENT; AMENDING FWRC 2.11.040; AND ADDING NEW SECTION 2.18 TO TITLE 2. (Amending Ordinance Nos. 14-766 and 10-666). City Clerk Stephanie Courtney read ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSFA-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 11. COUNCIL REPORTS Councilmember Dovey promoted the Marine Hills Swim Club 60th Anniversary Celebration planned for May noting a specific date has not yet been set. He also referenced a portion of the ordinance approved related to the Planning Commission which allows alternate commissioners voting opportunities in the absence of a quorum. He looks forward to this being implemented in other commissions as well. Councilmember Walsh shared that while he has some disagreements with the Federal Way Public Schools, he is excited to support their Incubator Program. This program has been developed to help students interested in becoming entrepreneurs gain experience and knowledge. Councilmember Tran provided no report and wished everyone a happy Lunar New Year. He indicated this celebration will take place on January 22 and is the most important celebration of the year to his Vietnamese culture and others as well. Councilmember Norton provided no report Councilmember Assefa-Dawson provided no report thanking staff and the Diversity Commission for the Martin Luther King Junior celebration. She acknowledged the great talent shared at the event and shared her hope for more opportunities for these talents to be shared. Federal Way City Council Regular Minutes Page 9 of 10 January 17, 2023 Deputy Mayor Honda also thanked the Diversity Commission for their program on Saturday and acknowledged the amount of work behind the scenes to make it a success. The Soroptimists are hosting a food drive for the Senior Center. It is scheduled for February 4 through 27 and is the second year as a drive-thru donation at the South King County Tool Library. Council President Kochmar reminded all in attendance about the City Council Retreat on Saturday, January 21 to begin at 8:00 a.m. She noted they will be discussing the future of Federal Way and encouraged attendance. 12. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:33 p.m. Attest: *9A 5 h nie Courtney City Clerk Approved by Council: 0a107120a'3 Federal Way City Council Regular Minutes Page 10 of 10 January 17, 2023