03-07-2023 Council Minutes - Regular,� CITY OF
Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
City Hall — Council Chambers*
March 7, 2023 — 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.
Councilmember Erica Norton attended remotely via Zoom.
City staff in attendance: City Administrator Brian Davis, Assistant City Attorney Kent van Alstyne,
and Deputy City Clerk Jennifer Marshall.
2. PLEDGE OF ALLEGIANCE
Boy Scouts Troup 307 presented the colors and led the flag salute.
3. MAYOR'S EMERGING ISSUES AND REPORT
National League of Cities (NLC) Conference, Washington D.C. — March 26-29
Mayor Ferrell shared information regarding the upcoming trip to Washington D.C. where he and
council members will attend the National League of Cities Conference and spend time with the
federal delegation.
Legislative Updates: State and Federal
Mayor Ferrell provided an update on the specific House and Senate Bills the city is monitoring:
House Bill (HB) 1363 regarding the pursuit bill and the need for probable cause, Senate Bill (SB)
5536 regarding the Blake Decision, and House Bill (HB) 1110 regarding Middle Housing and the
removal of single-family zoning.
March of Diapers — Diaper Drive at City Hall
Mayor Ferrell introduced Cheryl Hurst who overviewed the past successes of the "Do the Right
Thing March of Diapers Drive" and announced the Twin Lakes Fred Meyer would be collecting
diapers on March 18 between 10:00 a.m. and 2:00 p.m. She also listed the organizations that
would benefit from the donations.
St. Patrick's Day Flag Raising at City Hall — March 17
Federal Way City Council Regular Minutes Page 1 of 9
March 7, 2023
Mayor Ferrell announced the upcoming Irish Flag Raising and asked Craig Patrick to outline
the planned festivities. Mr. Craig shared festivities will begin at 9:00 a.m. on March 17 with
musicians, dancers, and face painting.
2021 State Auditor Exit Conference
Finance Director Steve Groom delivered a report on the Audit Exit Conference indicating
there were no findings after auditors spent several months with staff.
4. PUBLIC COMMENT
Andrea Evans spoke in opposition of using the vacant property on S 320th Street for the city's Joint
Operations and Maintenance Facility sharing wildlife photos and submitting a petition signed by
neighbors.
Walter Kostecka spoke in opposition of using the vacant property on S 320th Street for the city's
Joint Operations and Maintenance Facility expressing concerns about traffic and noise.
Robert Tetu, city resident since 2005, spoke in opposition of using the vacant property on S 320th
Street for the city's Joint Operations and Maintenance Facility expressing a desire to see the facility
located away from residential areas.
Leah Losne and spoke in opposition of using the vacant property on S 320th Street for the city's
Joint Operations and Maintenance Facility noting it would show a lack of courtesy to residents.
Dave Harrelson, city resident for 35 years, spoke on behalf of the Federal Way Public Market
expressing a need for a permanent facility. He asked council to reconsider allocating funds to help
to the public market with this goal.
Juan Juarez Ramos shared about his recent accomplishments and expressed concern at the lack
of government response after the death of two classmates.
Chief Hwang provided clarified the shooting did not occur within Federal Way boundaries.
It was also noted school resource officers work at Thomas Jefferson High School and will
respond to any incidents.
Deputy Mayor Honda offered her condolences and Council President Kochmar requested
resources to help Juan in the aftermath of his house fire.
Jimmy Brown with Build to Lead, a non-profit that works inside Federal Way Public Schools and
Why Not You Academy, explained their approach to teach kids how to engage with local
government.
Trinity Buchanan, a sophomore student at Why Not You Academy, spoke regarding the high cost
of ambulance services in the area requesting solutions to make this service more affordable to
those in need.
Evan eline Ta aleoo, a sophomore at Why Not You Academy, spoke regarding the criminal justice
system and the threat of police brutality questioning what council can do to improve the criminal
justice system.
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March 7, 2023
Rochelle Jeffries, a student at Why Not You Academy, addressed the increased number of fatal
shootings assuring in Federal Way urging police to end lives as a last resort.
James Christianson shared his experience and advocated for the rights of fathers in the area of
custody arrangements.
Susan Strong overviewed the approach being used by Coronado, California to address their
homelessness problem.
Geoffrey Tancredi read from an email he wrote to State Representatives Kristine Reeves and
Jamila Taylor to pass bills to support the expansion of charters schools. He believes this will assist
all students in Federal Way and Washington State students receive a better education.
Steve Barbosa spoke in opposition of using the vacant property on S 320th Street for the city's
Joint Operations and Maintenance Facility due to the incongruence with the surrounding
neighborhood.
Chery Hurst shared about the upcoming Coffee with a Cop event to be held on March 15 at Rain
City Coffee Company beginning at 9:30 a.m.
5. PRESENTATIONS
a. Proclamation: Women History Month — March 2023
Council President Kochmar, Deputy Mayor Honda, Councilmember Assefa-Dawson, and
Councilmember Norton read and presented the proclamation to the following individuals
who were each given time to share about their experiences as women in the world and the
organizations they represent.
• Rebecca Martin, CEO of the Federal Way Chamber of Commerce
Katherine Festa , President of Soroptimist International President
Amanda Miller, Executive Director and Owner of South King Tool Library
• Mary Ehlis, President of Historical Society
• Diane Lyons, Rotary Club President
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
Councilmember Walsh announced the next meeting will be held March 14 at 5:00 p.m.
Land Use/Transportation Committee (LUTC)
Councilmember Dovey highlighted the items passed at the March 6 LUTC meeting that were moved
to the March 21 City Council Meeting. He is excited about the 25 year Overlay Program to overlay
every street in the city.
Finance, Economic Development Regional Affairs Committee (FEDRAC)
Councilmember Tran noted Consent agenda items a through j are from their most recent meeting.
He announced their next meeting will take place March 28 at 5:00 p.m.
Lodging Tax Advisory Committee (LTAC)
Councilmember Assefa-Dawson indicated the next meeting has been cancelled and they are
looking forward to future meetings.
Federal Way City Council Regular Minutes Page 3 of 9
March 7, 2023
Deputy Mayor & Regional Committees Report
Deputy Mayor Honda will be attending the PIC meeting remotely where it is anticipated they will
discuss a regional water quality governance program, King County homelessness plan as well as
potential future levies and ballot items. She also congratulated Deputy Chief Neal on his retirement
and thanked him for his years of service.
Council President Report
Council President Kochmar reiterated they will be going to Washington D.C. as delegation to lobby
for Federal Way as well as the NLC Conference. She referenced HB 1110 indicating that increased
density may sound like a good thing, but it is threatening the existence of single-family residences
and will not reduce costs.
7. CONSENT AGENDA
a. Minutes: February 21; 2023 Regular and Special Meeting Minutes
b. Monthly Financial Report — November 2022
c. Monthly Financial Report — December 2022
d. AP Vouchers 11/17/2022 — 12/16/2022 & Payroll Vouchers 11/01/2022 — 11/30/2022
e. AP Vouchers 12/17/2022 — 01 /15/2023 & Payroll Vouchers 12/01 /2022 - 12/31 /2022
f. AP Vouchers 01/16/2023 — 02/15/23 & Payroll Vouchers 01/01/2023 — 01/31/2023
g. Resolution: City of Federal Way Investment Policy/APPROVED RESO #23-837
h. Tourism Enhancement Grant Recommendation 2023 Swimming Speedo Sectionals
i. Backup & Disaster Recover Service Agreement
j. 2023 Community Development Department Personnel Adjustments
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA
ITEMS A THROUGH J; SECOND BY COUNCILMEMBER WALSH. 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
With Council consensus Mayor Ferrell moved items 9a/Council Bill 843 and 9b/Council Bill 844 to
this portion of the meeting.
9. ORDINANCES
First Reading
NOTE: These two ordinances are incompatible; the City Council will take action on either
Council Bill #843 or #844.
a. Council Bill #843/Desianatina the Preferred Operations and Maintenance
Facilitv Site and Authorizina Property Acauisition/Option 1 — Expansion of
existing facility, east of 28t' Ave S
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
PROVIDING FOR THE SELECTION AND ACQUISITION OF CERTAIN
PROPERTIES FOR THE PURPOSE OF CONSTRUCTING A JOINT USE
OPERATIONS AND MAINTENANCE FACILITY AND DIRECTING STAFF
Federal Way City Council Regular Minutes Page 4 of 9
March 7, 2023
or
TO EXHAUST REASONABLE NEGOTIATION EFFORTS TO PURCHASE
SAID PROPERTIES.
b. Council Bill #844/Designating the Preferred Operations and Maintenance
Facility Site and Authorizing Property Acquisition — Oration 2 — Northeast of
intersection of S 320th St and 9-It Ave South
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING
FOR THE SELECTION AND ACQUISITION OF CERTAIN PROPERTY FOR THE
PURPOSE OF CONSTRUCTING A JOINT USE OPERATIONS AND MAINTENANCE
FACILITY AND DIRECTING STAFF TO EXHAUST REASONABLE NEGOTIATION
EFFORTS TO PURCHASE SAID PROPERTY.
Public Works Director EJ Walsh provided a brief history of the project and the unrecorded
property restrictions discovered during the due diligence review of the previously designated
property. He noted these Federal and County restrictions added to the scope of the work
and remediation ultimately making the designated property no longer viable. He explained
upon the previously selected site being removed as an option, all parcels previously studied
were reexamined along with new parcels that had come to market and those previously
suggested by Council. There were no new options identified during this process.
Director Walsh indicated three sites remain as feasible, but due to additional costs and
timing, only two are being proposed as options: Options 1 and 3. He overviewed the pros
and cons of developing either property including
Public Comment
Anna Patrick spoke in favor of the first option, expanding the existing facility.
Deputy Mayor Honda asked questions regarding the existing zoning of the property on
South 320th Street. Community Development Director Keith Niven stated it is currently
zoned Professional Office but can be developed as a maintenance facility due to the fact
said facility is a government facility.
Council President Kochmar expressed concerned about the residents and the affect the
required eminent domain process would have on them. It was noted these properties are
also near the Sound Transit Light Rail and perhaps they were not at the meeting due to
the fact it may help them.
Councilmember Dovey noted this was a difficult decision for him as the expansion is not
his first choice. He acknowledged the requested preservation of wildlife and wanted to
highlight is highly unlikely this property will not be developed in the years to come.
Councilmember Tran agreed with Councilmember Dovey noting his concern with the
unlevel property and need to acquire additional parcels with Option 1 as it will increase the
overall cost. Director Walsh noted the costs shared include the estimated fees for the
eminent domain.
Deputy Mayor Honda acknowledged citizens who fought to have this project built in a
location other than the Steel Lake Annex. She inquired regarding next steps. Director Walsh
shared the property owners to be affected by whichever option is chosen, would be notified
via mail after this meeting and advised of the date for second reading. If the ordinance
passes through second reading/approval then the property acquisition company will begin
work. He noted they plan to meet the existing timeline and begin construction in Spring of
2024.
Federal Way City Council Regular Minutes Page 5 of 9
March 7, 2023
Councilmember Walsh thanked staff for their hard work. He noted the original decision was
a split vote and he recognized the final decision was based on being financially responsible.
He thanked those in attendance for their comments and highlighted Boy Scout Troop 307
was still in attendance.
Council President Kochmar asked if there would be screening between the facility and the
remaining single-family home to which Mr. Walsh confirmed a buffer to include screening is
a requirement to this type of facility next to a residential area.
COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE
DESIGNATION OPTION 1 TO THE MARCH 21, 2023 COUNCIL MEETING FOR SECOND
READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON.
Deputy City Clerk Jennifer Marshall read the ordinance title into the record.
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
At 8:34 p.m. Mayor Ferrell announced the Council take a five-minute recess. The Mayor reconvened
the meeting at 8:42 p.m.
8. COUNCIL BUSINESS
a. 2022 National Opioid Settlement Participation
Assistant City Attorney Kent van Alstyne provided an overview of the settlement
agreement with a total national monetary settlement at approximately $19 billion
(including Teva, Allergan, CVS, Walgreens, and Walmart). He noted states and
subdivisions, including cities, must "opt in" by April 18, 2023 to participate in the
settlement and the final settlement proceeds paid will depend on the level of subdivision
participation.
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF CITY PARTICIPATION IN THE
2022 NATIONAL OPIOID SETTLEMENT AGREEMENTS, AND AUTHORIZE EXECUTION
OF ALL REQUIRED DOCUMENTS; SECOND BY COUNCILMEMBER TRAN.
Councilmembers asked for clarification as to why the suits were bought against these
companies and if the changes the suit requires will result in higher fees for the
consumers. Mr. van Alstyne indicated the issue was related to the handling of opioids
and the payouts have been set and the city's participation will not change the settlement
amounts.
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
Federal Way City Council Regular Minutes Page 6 of 9
March 7, 2023
b. Funding Proposal for Sister Cities Trip
City Administrator Brian Davis overviewed the funding proposal of $39,323 for airfare,
hotel, train, food, and bus for the eleven people the city will be sponsoring on this trip.
He overviewed the group of eleven elected officials, staff, and individuals and noted
$5,000 of this amount is a donation to the city from Donghae Korea for lodging and
food:
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE MAYOR'S FUNDING
PROPOSAL FOR THE APRIL 2023 SISTER CITIES TRIP IN AN AMOUNT NOT TO
EXCEED $39,323.00; 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
Councilmember Assefa-Dawson
yes Councilmemberpovey yes
Councilmember Norton
yes
c. Federal Legislative Priorities
Economic Development Director Tanja Carter introduced Jenna Peth with VanNess
Feldman and reviewed the Federal Legislative Priorities for 2023 developed after
conversations with council. These include a Congressionally Directed Spending
Requests, Technology Incubator, South King County Workforce Development Efforts,
and Funding for Celebration Park Turf Funds. It is anticipated these spending requests
will be talking points to be used when in Washington D.C. for the National League of
Cities Training and meetings with Senator Cantwell, Senator Murray, and Congressman
Smith.
Council thanked Ms. Carter and Peth for the presentation, asked questions regarding
the meeting schedule with representatives, and for direction regarding compliance with
the Open Public Meetings Act (OPMA) while
Assistant City Attorney Kent van Alstyne noted that not only must the majority of
councilmembers ,refrain from making decisions on city matters, but must also avoid
discussing city business in a quorum.
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED FEDERAL
LEGISLATIVE PRIORTIES FOR 2023; 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
9. ORDINANCES
Items 9a/Council Bill 843 and 9b/Council Bill 844 were addressed prior to Council Business.
i-rst Reacting
Federal Way City Council Regular Minutes Page 7 of 9
March 7, 2023
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Second Reading/Enactment
c. Council Bill #842/Mobile Food or Retail Vendors Code Amendments
APPROVED ORD #23-951
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
VARIOUS AMENDMENTS TO TITLE 19 (ZONING AND DEVELOPMENT);
AMENDING FWRC 19.05.130 DEFINITIONS; REPEALING FWRC 19.275.070; AND
ADDING NEW SECTIONS 19.210.080, 19.215.160, 19.220.150, 19.225.150,
19.230.170, 19.235.130, AND 19.240.190; AND ADDING A NEW CHAPTER 19.290
FWRC INCLUDING SECTIONS 19.290.010, 19.290.020, 19.290.030, 19.290.040,
19.290.050, 19.290.060, 19.290.070, 19.290.080. (AMENDING ORDINANCE NOS. 94-
209, 97-291, 09-593, 09-610, 12-716, 15-797, 18-844, 18-850, 22-932).
Deputy City Clerk Jennifer Marshall read the 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
d. Council Bill #838/lconic Signs Code Amendment APPROVED ORD #23-952
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
ICONIC SIGNS; AMENDING FWRC 19.05.190, AND ADDING A NEW SECTION
FWRC 19.140.135. (AMENDING ORDINANCE NOS. 08-585, 09-593, 09-605, 09-610,
12-713, 14-778, 15-797, 20-898, 21-921, 22-932)
Deputy City Clerk Jennifer Marshall read the ordinance title into the record.
COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE;
SECOND BY COUNCILMEMBER TRAN. The motion passed 5 to 2 as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda no Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmemberpovey yes
Federal Way City Council Regular Minutes Page 8 of 9
March 7, 2023
Councilmember Norton no
10. COUNCIL REPORTS
Councilmember Assefa-Dawson did not provide a report.
Councilmember Norton did not provide a report.
Councilmember Tran did not provide a report.
Councilmember Walsh noted he testified against HB 1110 as well and noted we have reason
for concern.
Councilmember Dovey echoed the concerns expressed regarding HB 1110.
Deputy Mayor Honda attended a dinner with Heroes for Nature; an organization focusing on
exposing kids to nature and runs in conjunction with the Renton and Highline schools. She
noted she would like to see them partner with Federal Way schools as well. She referenced the
most recent Chamber of Commerce speaker, Mr. Dan Esienman with Equalus, who spoke
about critical thinking tools. She indicated it was a great session and would like a more in-depth
time with him for the full council. Deputy Mayor also announced a Federal Way resident had
been awarded a Golden Ticket on American Idol and wanted to invite him for the next Council
Meeting to receive a proclamation.
Council President Kochmar did not provide a report.
11. EXECUTIVE SESSION
• Property ❑nrc.i_iic4+iI -`tiny 42.30. 1 9 r%'�(1)(b) _ not needed
i ❑ate Rtial L i+iga#en p Fs inn+ to oG►iil 42 ` 0 '410(1)rn_ not needed
12. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 9:18 p.m.
Attest:
elifer M rshall
ep ty ity Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 9 of 9
March 7, 2023