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04-18-2023 Council Minutes - RegularCIT V::4�L Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers April 18, 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. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Boy Scouts Troup 307 presented the colors and led the flag salute 3. MAYOR'S EMERGING ISSUES AND REPORT Police Chief Andy Hwang provided details on the Washington crime data and national trends; the 2022 Federal Way crime statistics; and a follow-up report regarding a recent third -party independent investigation on the department's National Incident -Based Reporting System (NIBRS) reporting data following a citizen complaint alleging misreporting by police officers and department staff. Chief Hwang opined that 80% of crime has a nexus to drugs and the increases in criminal activity in the community is a direct result of changes to the state drug laws. He stated the third -party investigation focused on the FBI voluntary reporting system (NIBRS) which is a very complex system. The result of the independent investigation determined there was no fraud found and the department was not intentionally manipulating reporting numbers. Council thanked Chief Hwang for his presentation and asked clarifying questions regarding crime rates in neighboring jurisdictions, increase in auto theft, and the report of increased response times following additional officers added to the department. Mayor Ferrell and Councilmembers stated continued concern with the state legislature's difficulty in approving a fix to the Blake decision which expires in July. The Mayor stated the next Council agenda will address a local fix, should the legislature fail to act by the end of the regular session. Federal Way City Council Regular Minutes Page 1 of 6 April 18, 2023 Mayor Ferrell provided details of the upcoming Sister Cities Trip to Donghae, South Korea and Hachinohe, Japan on April 21 through 29. This is the first time in over a decade the city is sending a delegation representing the city. The Mayor further reported on attending various regional meetings and events including the Seattle Chamber Economic Forecast meeting on April 11; the US Conference of Mayors Seattle meeting on April 11; and the grand opening of La Michoacana, a new ice cream store next to Billy McHale's Restaurant on April 8. He also noted the following upcoming community events: grand re -opening and ribbon cutting for Hampton Inn & Suites on April 19; ribbon cutting for the new Grocery Outlet Bargain Market on Thursday, April 20 at 11:00 a.m.; Earth Day Community Litter Clean -Up Event on Saturday, April 22 at 10:00 a.m. at Panther Lake Elementary School; opening day for the Farmer's Market on Saturday, May 13 at The Commons; and the Touch -A -Truck Event on Saturday, May 20 at the new location of Wild Waves. 4. PUBLIC COMMENT Anna Patrick expressed a desire for the City Council to do more to address the drug crisis, crime data reporting accuracy, and impact fees on housing. Jan Barber promoted a Lion's Club breakfast fundraiser being held on April 22 at Jimmy Mac's Roadhouse. She also noted there will be Make Music Federal Way events held on June 21 and 24. Susan Strong highlighted the success of the Shopping Cart Ordinance so far expressing the need for addiction rehabilitation and mental health facilities in Federal Way. Nancy Justice reported that Standup Federal Way picked up 24 shopping carts and returned them to businesses. She will be volunteering at the Parks Appreciation event and asked about a three strikes ordinance. David Detzler talked about the importance of scouting the learning opportunities that it provides. He shared about a Field Day taking place on Saturday, May 13 from 11:00 a.m. to 2:00 p.m. behind St. Luke's Church. Robert Drake discussed a complaint given to members of Council prepared by citizens concerned about the accuracy of NIBRS reporting to the FBI. 5. PRESENTATIONS a. Ceremonial Swearing -In of New Federal Way Police Officers Police Chief Hwang introduced and provided background information on new members of the Federal Way Police Department. Mayor Ferrell administered the Oath of Office to Officers David Pollock, Adnan Ihsan, and David Agapov and offered his congratulations. b. Port of Seattle South King County Community Impact Fund Environment and Sustainability Grants for 2023 Port of Seattle Environmental Grants Program Coordinator Ilays Aden provided a presentation outlining local projects the Port grant program supports. She noted the Federal Way City Council Regular Minutes Page 2 of 6 April 18, 2023 Impact Fund, launched by the Port of Seattle in 2019, funds one-year projects for up to $20,000 and multi -year projects up to $60,000. Currently funded programs include the Federal Way Korean Association; the African Young Dreamers Empowerment Program; and the Tilth Alliance. Council thanked Ms. Aden for the presentation and the program support in the community. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh provided a reminder of Parks Appreciation Day on Saturday, April 22 beginning at 9:00 a.m. at the Blueberry Park or Town Square Park. He reported on the previous Committee meeting and noted the next meeting will be May 9. He congratulated Federal Way student lam Tongi for his continued success on American Idol. Land Use/Transportation Committee (LUTC) Councilmember Dovey reported the next LUTC meeting will be May 1. He noted the 60th Annual Marine Hill Parade will be held on May 20. Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Tran reported the next FEDRAC meeting will be April 25 at 5:00 p.m.; he thanked Councilmember Dovey for chairing the meeting on his behalf. Lodging Tax Advisory Committee (LTAC) Councilmember Assefa-Dawson reported on a robust LTAC meeting last week, and announced the Hampton Inn ribbon -cutting ceremony Wednesday, April 19. The next meeting will be May 10 at 10:00 a.m. Deputy Mayor & Regional Committees Report Deputy Mayor Honda noted the AWC Annual Conference is June 20-23; early registration guarantees the preferred hotel. She reported on her attendance at various regional meetings including South County Area Transportation Board Meeting where the new CEO of Sound Transit and General Manager of Metro were introduced. She relayed updates on the FW Link Extension, Sound Transit OMF project, and the issue of safety on buses and trains. She provided additional reports from the PIC meeting, Regional Transit Committee, and Board of Health. She thanked Emergency Manager Kevin Pelley and Mayor Ferrell for their close attention and action in regards to the Tide Flats fire. Council President Report Council President Kochmar noted she will be meeting with school board members along with Deputy Mayor Honda on April 19 where they will discuss school impact fees. She will be attending multiple events on Saturday, April 22 including the Make Music fundraising breakfast, the National Little League opening day, and the Parks Appreciation event. She will also be attending a Master Builders Association meeting on April 26. She offered to discuss the question of NIBRS reporting with anyone who is interested as she believes this is an honest disagreement on numbers. 7. CONSENT AGENDA a. Minutes: April 4, 2023 Regular and Special Meeting Minutes b. Resolution: Intent to Renew the Steel Lake Management District (SLMD) Number 1 and Setting of a Public Hearing Date of June 6, 2023/APPROVED RESO NO. 23-838 Federal Way City Council Regular Minutes Page 3 of 6 April 18, 2023 c. Pollution Prevention Assistance Partnership- Authorization to Apply for Interagency Agreement d. 21st Ave S and S 320th Street Signalization and Pedestrian Improvements - Authorization to Bid e. Authorization to Accept Conservation Futures Tax Levy (CFT) Grant f. Dish Wireless LLC Site Lease Agreement — Lakota Park g. 2023 Diversity Commission Work Plan h. Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant Program — Grant Award Acceptance Memorandum of Understanding (MOU) COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A THROUGH H; 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 Councilmemberpovey yes Councilmember Norton yes 8. COUNCIL BUSINESS a. TC-3 Letter of Intent to Award and Initiation of Development Agreement Community Development Director Keith Niven presented background information on the city -owned TC-3 property which includes the former Target property. In response to a Request for Proposal (RFP); the city received six (6) proposals which were evaluated and vetted, including an interview process. Director Niven reported many of the proposals were similar in nature and contained quality element. The proposal from OneTrent stood out by including owner properties in the residential mix. Staff is seeking City Council authorization for the Mayor to execute the Letter of Intent to Award with OneTrent and authorize the initiation of a development agreement. In discussing the rendering of the possible uses, Mayor Ferrell was pleased to also note Congressman Adam Smith has included $2.5 million dollars in funding for public gathering space on his list of fifteen requests. Mr. Niven clarified the next step is to negotiate with the developer on the specifics wants of the project. Council thanked Director Niven for his presentation and thanked him and staff for the many hours they have put to this transformational project. Various questions and requests were noted including the types of materials used for the structures, the size of the public meeting space, and the possibility of engaging with the Youth Commission. COUNCIL PRESIDENT KOCHMAR MOVED TO THE MAYOR TO EXECUTE THE LETTER OF INTENT TO AWARD AND ASSOCIATED AGREEMENT WITH ONETRENT, AND AUTHORIZE INITIATION OF DEVELOPMENT AGREEMENT NEGOTIATIONS; 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 Federal Way City Council Regular Minutes Page 4 of 6 April 18, 2023 b. Repair of Opticom Pre-Emption System Public Works Director EJ Walsh provided information on the request to repair the Opticom Pre-Emption System which is used by emergency vehicles to clear intersections. He noted the system was originally installed in the late 1990's and currently has signs of significant failures in key intersections. A non-functioning Opticom will negatively impact response times and increase the likelihood of emergency vehicle collisions. Director Walsh noted the repair cost is $85,000; Finance Director Steve Groom spoke to the budget amendment and the four criteria which this item meets. COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE STAFF TO HAVE REPAIRS TO THE OPTICOM PRE-EMPTION SYSTEM COMPLETED; 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 Councilmember Dovey yes Councilmember Norton yes c. Youth Commission Appointment COUNCILMEMBER WALSH MOVED TO APPOINT WINSTON NGUYEN TO THE YOUTH COMMISSION AS A VOTING MEMBER FOR A TERM TO EXPIRE AUGUST 31, 2025; 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 9. COUNCIL REPORTS Councilmember Dovey noted concern that it appeared as if a group of people were using power outlets on the light poles. He also referenced local individuals who offer financial management and financial literacy programs in the city, and he would like to find a way to address stolen vehicles. Councilmember Walsh encouraged attendance at Parks Appreciation Day on Saturday from 9:00 a.m. to noon at both the Blueberry Farm and Town Square Park. Councilmember Tran and Councilmember Norton had no reports. Councilmember Assefa-Dawson will be traveling to the sister cities; she appreciates the many trips they have made to Federal Way and is looking forward to visiting their communities and learning. Deputy Mayor Honda addressed comments made earlier in the meeting which felt personal; she recalled the timeline of events regarding when the NIBRS complaint was filed and who it was forwarded to. She clarified the third -party investigator, hired by the city, did not involve the Council in their investigation. She thanked the non -profits in the city for all their work and will be attending the Make Music Federal Way breakfast fundraiser on Saturday at Jimmy Mac's. She also highlighted the Christian Faith Center Academy fundraiser on Friday, April 28 which supports the school. She would like to see a community calendar published which would include city and community events; she congratulated student lam Tongi on American Idol and urged the community to vote for him. Federal Way City Council Regular Minutes Page 5 of 6 April 18, 2023 Council President Kochmar provided information on the NIBRS reporting system and stated often times the crime that is reported in an initial 911 call, can be somewhat different than what the crime actually turns out to be. She wishes those who are traveling good luck as they head to Korea and Japan; be safe and come home safe. 10. EXECUTIVE SESSION a Property ❑Gquicit�iaf;--�rsuant to C1GW 47 39 110(1_)(b) not needed • anndinglCJrttentin.IJ_el g ation Pursuant to or►nl 42.30_110(.1_)(i) not needed 11. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:38 p.m. Attest: St ha ie Courtney City Clerk Approved by Council: 015-02,-M3 Federal Way City Council Regular Minutes Page 6 of 6 April 18, 2023