05-16-2023 Council Minutes - RegularCIT
Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
City Hall — Council Chambers
May 16, 2023 — 6:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:35 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: City Administrator Brian Davis, City Attorney Ryan Call and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. MAYOR'S EMERGING ISSUES AND REPORT
Mayor Ferrell reported on recent community events including the I'm Hooked Outdoor Experience
at Steel Lake on May 6; the first Senior Health and Resource Fair at the Performing Arts & Event
Center on May 11; and, the opening day for the Federal Way Farmer's Market on May 13.
He noted upcoming events include the annual Touch -A -Truck Event at its new location Wild Waves
on Saturday, May 20; the long-standing Marine Hills Swim & Tennis Club Parade on Saturday, May
20; Multi -Service Center Spring Into Action Dinner & Auction on Saturday, May 20 at the Hyatt
Regency Lake Washington; South King County Athlete Fund Breakfast, Saturday, June 3 at
Emerald Downs; and Federal Way Arts Explosion Gallery on Saturday, June 3 at the Performing
Arts & Event Center.
4. PUBLIC COMMENT
AnneMichelle Hart provided an update on the Public Market including that they have hired a grant
writer. She advised public to contact any of the board members to give input on what the community
seeks in a public market.
Karen Brugato, with the Arts Commission, shared about the Arts Explosion event coming up on
June 3 and 4 at the PAEC. The event will consist of a juried art show, food trucks, music and other
entertainment.
Susan Strong urged council to pass Council Bill 847: Ordinance Relating to Misdemeanor
Possession of Controlled Substances.
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Jan Barber preformed a musical tune to advertise the Make Music Federal Way event taking place
June 21.
Ann Blevens voiced concerns with 304th Street. She stated that there are issues with traffic and
signals in relation to where it intersects Military Road.
Debbie Harvey shared about the recent, first ever, Senior Health and Resources Fair. The Senior
Advisory Commission has received positive feedback, and is happy with the outcome.
Craig Patrick shared about a litter pick up event taking place at 10:00 a.m. May 20 around the
Federal Way Farmers Market and provided information on two upcoming events.
Ken Blevens referenced summer events in nearby smaller communities; he would like to see more
community events such as cruise nights, parades and neighborhood fireworks legalized.
Dara Mandeville thanked the Federal Way police who recently helped with her mother's stolen car,
and dog. She would like accurate information on police activity posted to correct misinformation on
social media.
Geoffrey Tancredi is encouraged by the new legislation passed making it a gross misdemeanor for
hard drug possession. He is concerned by the area near the former Home and Home store, he
would like to see fencing to protect businesses still operating in that area.
Anna Patrick feels that government should use a data driven decision making process. She also
would like to see NIBERS training become mandatory for all Federal Way police staff.
Sania "Sonny" Leuelu wants to help expand the Warriors Rugby program to impact youth in the
community. He noted an increase in youth participants in the Island Bowl from the first year; he
thanked the Mayor and Council for their support.
Sally McClean represented the Federal Way School District, and explained what School Impact
Fees are, how they are calculated, and how they are used. The school district desires to see the
Impact Fees increased to help with the demand on schools from multi -family projects.
Tony Armstrong addressed Canadian geese population management. He supports the use of more
humane control methods around the Twin Lakes area.
5. PRESENTATIONS
a. Proclamation: Affordable Housing Week - May 7-13
Councilmember Dovey read and presented the proclamation to Maju Qureshi, on behalf of
the Multi -Service Center and the South King Housing and Homelessness Partners
(SKHHP). As a resident of Federal Way, she thanked the Council for this acknowledgement
and noted 67% of the school district students are on free or reduced lunch. Claire Goodwin,
Executive Manager with SKHHP was also thrilled to accept the proclamation and thanked
the city for being an integral partner.
b. Proclamation: Public Works Week - May 21-27
Deputy Mayor Honda read and presented the Public Works Week proclamation to Public
Works Director EJ Walsh; she expressed thanks to the crews during the snow and ice
events that make our community safer. Mr. Walsh noted it is meaningful to the workers and
staff that work 7-days a week on behalf of the community from the litter crews, to new
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sidewalks to the large capital projects.
c. Proclamation: Mental Health Month — May 2023
Councilmember Walsh read and presented the Mental Health Month proclamation to
Marcos Sauri, Vice -Chair of the King County Recovery Coalition Advisory Board, Loni
Storrs, and Sarah Nicole Danhi. Mr. Sauri thanked the Council and expressed how mental
health effects all stages of life and the huge responsibility to normalize mental health and
mental disorders. Loni Storrs shared her personal story of mental health struggle and
homelessness; she is happy to have a home and on a good path.
d. Hanwoori Garden and Korean Pavilion Update
Mayor Ferrell introduced Ray Robinson, who provided an update on the Hanwoori Garden
and Korean Pavilion located on SW Campus Drive adjacent to the Panther Lake Trail. He
provided site renderings an overall timeline for the project, which has been a work in
progress since 2015.
Council thanked Mr. Robinson and the Federal Way Korean American Association for their
work on this project; clarifying questions regarding possible uses at the park, security, and
maintenance responsibility were discussed.
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
Councilmember Walsh reported items a and f on the consent agenda were forwarded from
Committee for Council approval. He wished lam Tongi, Decatur High School student, good luck as
he continues to compete on American Idol.
Land Use/Transportation Committee (LUTC)
Councilmember Dovey reported the next meeting is June 5. He agreed to a statement made earlier
regarding community events and reported he would be attending the Marine Hills Parade.
Councilmember Norton left the meeting at 8:09 p.m.
Finance, Economic Development Regional Affairs Committee (FEDRAC)
Councilmember Tran reported the next meeting will be Tuesday at 5:00 p.m. He thanked
Councilmember Dovey for facilitating the meeting, as he will be attending remotely.
Lodging Tax Advisory Committee (LTAC)
Councilmember Assefa-Dawson reported the Committee reviewed four applications for Tourism
Enhancement Grants; the next meeting will be June 14 at 10:00 a.m. She also reported on the
WRIA-9 (Water Resource Inventory Areas) meeting where the Kent Watershed and salmon
recovery was discussed.
Deputy Mayor & Regional Committees Report
Deputy Mayor Honda thanked the Senior Advisory Commission for the successful Senior Resource
Fair; she thanked the Commissioners, staff and vendors who made it a success. She reported on
various regional meetings including the South County Area Transportation Board (SCATBrd)
meeting, King County Transportation Board and Board of Health. She encouraged the community
to support lam Tongi, as the next American Idol.
Councilmember Norton returned to the meeting at 8:12 p.m.
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Council President Report
Council President Kochmar promoted the 67' Annual Kiwanis Salmon Bake at Steel Lake Park on
July 28. She noted her concern with the increase in stolen cars and the state locating sexual
predators in communities. Council President asked for an update on the NIBRS reporting.
Mayor Ferrell asked Chief Hwang to respond to NIBRS reporting concerns. Chief Hwang
acknowledged citizen concerns regarding NIBRS reporting which the city hired an outside
investigator to review. The report found no evidence of fraud or intentionally misreporting crimes.
He stated the number one goal is public safety and officers on the streets; the department will
continue to voluntarily report to the NIBRS system to the best of their ability.
7. CONSENT AGENDA
a. Minutes: May 2, 2023 Regular and Special Meeting Minutes
b. Limited License Agreement with the City of Kent
c. Resolution: Setting a Public Hearing Date for the 2024-29 Transportation
Improvement Program for June 20, 2023
d. Pacific Highway S Non -Motorized Corridor Phase 1 —Authorization to Bid
e. Washington Auto Theft Prevention Authority 2023-2025 Auto Theft Program Grant on
behalf of Puget Sound Auto Theft Task Force
f. MacDonald Miller HVAC Maintenance Agreement Amendment No. 2
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
8. PUBLIC HEARING
a. Amendments to the City Comprehensive Plan and Parks, Recreation Open Space
Plan (PROS Plan)
Mayor Ferrell opened the public hearing at 8:25 p.m.
Senior Planner Evan Lewis provided a report on proposed amendments to the City
Comprehensive Plan and Parks, Recreation Open Space Plan (PROS Plan). He noted the
changes include the existence of park impact fees (PIF), updating the capital project list,
and identification of PIF eligibility by project.
Consultants with FCS Group provided further analysis on what an impact fee is, and how
they are collected, by determining factors of expected population growth, future employee
growth, residential -equivalent employees, and residential equivalents.
The FCS Group discussed the funding plan, balancing resources and requirements, and
provided a comparison chart for neighboring jurisdictions; Federal Way was the lowest.
Council thanked Mr. Lewis and the consultants for the information and asked clarifying
questions regarding setting the fees and if these fees would have an impact on future
development.
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No public comments were received.
COUNCILMEMBER DOVEY MOVED TO CLOSE PUBLIC HEARING; SECOND BY
COUNCILMEMBER ASSEFA-DAWSON The motion passed unanimously as follows:
Council President Kochmar yes
Deputy Mayor Honda yes
CouncilmemberAssefa-Dawson yes
Councilmember Norton yes
b. Park Impact Fee Zoning Code Amendment
Councilmember Tran yes
Councilmember Walsh yes
Councilmember Dovey yes
Mayor Ferrell opened the public hearing at 8:48 p.m.
Senior Planner Evan Lewis and Deputy Parks Director Jason Gerwen presented a code
amendment that would implement a park impact fee. Mr. Lewis and Mr. Gerwen
provided the adoption process and timeline and provided answers to questions raised
at the Land Use Council Committee regarding commercial park impact fees, and
vesting.
FCS Consultants highlighted similar information presented earlier in the evening
regarding calculation of fees and the technical analysis. It was clarified that although
many aspects of the two presentations are similar, each item requires a separate public
hearing.
Councilmembers thanked Mr. Lewis, Mr. Gerwen and the consultants for the
presentation.
No public comments were received.
COUNCILMEMBER DOVEY MOVED TO CLOSE PUBLIC HEARING; 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
At 9:20 p.m. Mayor Ferrell announced the City Council would take a brief recess; he reconvened the
meeting at 9:27 p.m.
c. Housing Action Plan Implementation Code Amendments
Mayor Ferrell opened the public hearing at 9:27 p.m.
Community Development Director Keith Niven presented proposed code amendments
that are responsive to the study conducted by Heartland, LLC as part of the
implementation of the Housing Action Plan. He confirmed these code amendments have
been discussed at two Land Use and Transportation Committees and staff has received
feedback from the school district and the community.
Director Niven overviewed the nine (9) Heartland recommendations and the resulting
staff recommendations for each. The items in this code amendment include reducing
the amount of ground floor non-residential space that is required; provide predictability
for school impact fees; remove the City's inclusionary requirement, and remove the
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restrictions on building form. In order to meet grant requirements, the HAP needs to be
adopted by June.
Councilmember Norton returned to the meeting at 9:34 p.m.
Mr. Niven answered Council questions regarding the school district concerns with the
school impact fee calculations, and provided a timeline for school impact fees and
escalating factors.
Council also continued to discuss and debate the inclusionary requirement; staff is
recommending removing the parking requirement for the inclusionary units to lessen the
cost to the developer, while leaving the requirement to allow for a mix of incomes to
remain. In response to the question, Mr. Niven noted no other south area cities have an
inclusionary requirement; they are largely found on the eastside of King County.
COUNCIL PRESIDENT KOCHMAR MOVED TO SUSPEND COUNCIL RULES TO EXTEND THE
MEETING PAST 10:00 P.M.; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion
passed 6:1 (Norton dissenting) as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmember Dovey yes
Councilmember Norton no
Public Comment: no additional comments were received; comments made on this
topic earlier in the meeting by FWSD representative Sally McLean were noted.
COUNCILMEMBER DOVEY MOVED TO CLOSE PUBLIC HEARING; 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. 2023/2024 Biennial Budget Amendment
Mayor Ferrell opened the public hearing at 9:54 p.m.
Finance Director Steve Groom stated the adopted budget included the highest priority
items. This budget amendment will carry forward budget items that were funded in 2022
into 2023 and to greenlight additional items that meet the four requirements of being
necessities (must have); urgent or imminent; existing obligations; and no possibility of
other funding sources.
Council thanked Director Groom for the information presented.
No public comments were received.
COUNCILMEMBER TRAN MOVED TO CLOSE PUBLIC HEARING; 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
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9. COUNCIL BUSINESS
a. Diversity Commission Appointments
COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE
DIVERSITY COMMISSION: TRACY MYERS AS VOTING MEMBER FOR A TERM TO EXPIRE
MAY 31, 2026; LISA WALLACE AS VOTING MEMBER FOR A TERM TO EXPIRE MAY 31, 2026;
RON WALKER AS VOTING MEMBER FOR A TERM TO EXPIRE MAY 315 2026; AND CHIKA
ONYEJIAKA AS AN ALTERNATE MEMBER FOR A TERM TO EXPIRE MAY 31, 2026; 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
b. Youth Commission Appointment
COUNCILMEMBER WALSH MOVED TO APPOINT SATINDER SINGH GREWEL TO THE YOUTH
COMMISSION AS A VOTING MEMBER FOR A TERM TO EXPIRE AUGUST 31, 2024; SECOND
BY COUNCILMEMBER TRAN 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. Arts Commission Appointment
COUNCILMEMBER WALSH MOVED TO APPOINT JOSEPH CLARK TO THE ARTS
COMMISSION AS A VOTING MEMBER FOR A TERM TO EXPIRE DECEMBER 31, 2026; 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 Councilmemberpovey yes
Councilmember Norton yes
10. ORDINANCES
First Reading
a. Council Bill #84810rdinance: Amendments to the Citv Comorehensive Plan and
Parks, Recreation Open Space Plan (PROS Plan]
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE
PARKS, RECREATION AND OPEN SPACE PLAN AND THE FEDERAL WAY
COMPREHENSIVE PLAN CHAPTER 6, CAPITAL FACILITIES, TO INCORPORATE TWO
NEW FUTURE PARKS AND TO FACILITATE ESTABLISHMENT OF A PARK IMPACT
FEE. (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372,01-405, 03-442,
04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736,
13-745, 15-796, 15-798, 18-843, 19-866, 21-907, 22-938, AND 23-954)
Mayor Ferrell noted the staff report was presented early in the meeting during the
public hearing; no additional questions were raised by Council.
No public comments were received.
City Clerk Stephanie Courtney read the ordinance title into the record.
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COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
JUNE 6, 2023 COUNCIL MEETING FOR THE 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
b. Council Bill #8491Ordinance: Park Impact Fee Zoning Code Amendment
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE
ESTABLISHMENT OF A PARK IMPACT FEE; ADDING A NEW CHAPTER 19.92 TO TITLE
19 OF THE FEDERAL WAY REVISED CODE, INCLUDING SECTIONS 19.92.010,
19.92.020, 19.92.030, 19.92.040, 19.92.050, 19.92.060, 19.92.070, 19.92.080, 19.92.090,
19.92.100, 19.92.110, 19.92.120, 19.92.130, 19.92.140, 19.92.150, AND 19.92.160.
Mayor Ferrell noted the staff report was presented early in the meeting during the
public hearing; no additional questions were raised by Council.
No public comments were received.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
JUNE 6, 2023 COUNCIL MEETING FOR THE 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 Councilmember Dovey yes
Councilmember Norton yes
Council Bill #850/Ordinance: Housing Action Plan Implementation Code
Amendments
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
INCORPORATING CODE AMENDMENTS TO THE COMMUNITY BUSINESS (BC), CITY
CENTER CORE (CC-C) AND CITY CENTER FRAME (CC-F) ZONES TO BOOST
HOUSING PRODUCTION; AMENDING FWRC 19.95.020, 19.95.030, 19.95.040,
19.95.050, 19.110.010, 19.220.050, 19.225.070, AND 19.230.060; ADDING NEW
SECTIONS FWRC 19.95.045, 19.95.047, AND 19.95.057; AND REPEALING FWRC
19.95.065. (Amending Ordinance Nos. 90-43, 93-170, 95-249, 96-270, 97-291, 97-293, 97-
306, 02-424, 06-515, 06-542, 07-554, 07-559, 08-585, 09-600, 10-678, 12-727, 12-735, 14-
757, 16-822, 17-834).
Mayor Ferrell noted the staff report was presented early in the meeting during the
public hearing; no additional questions were raised by Council.
No public comments were received.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
JUNE 6, 2023 COUNCIL MEETING FOR THE SECOND READING AND ENACTMENT; SECOND
BY COUNCILMEMBER WALSH.
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May 16, 2023
Council continued to discuss the inclusionary requirement. City Attorney Call noted this item will move
forward to second reading, if passed, staff will need direction is there is consensus for a change in the
proposed ordinance. Director Niven suggested staff return to Council with multiple options at the next
public meeting prior to enactment.
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
d. Council Bill #851/Ordinance: 2023/2024 Biennial Budget Adjustment
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO
AMENDING THE 2023-2024 BIENNIAL BUDGET. (Amending Ordinance No. 22-941)
Mayor Ferrell noted the staff report was presented early in the meeting during the
public hearing; no additional questions were raised by Council.
No public comments were received.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE
6, 2023 COUNCIL MEETING FOR THE SECOND READING AND ENACTMENT; SECOND BY
DEPUTY MAYOR HONDA. 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
Second Reading/Enactment
e. Council Bill: #847: Ordinance Relatina to Misdemeanor Possession of Controlled
Substances: Addino New Section 6.1.130 to Chapter 6.10 FWRC
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING
TO MISDEMEANOR POSSESSION OF CONTROLLED SUBSTANCES; ADDING
NEW SECTION 6.10.130 TO CHAPTER 6.10 FWRC.
City Attorney Ryan Call summarized recent action take by the state legislature that
pre-empts the city on this topic. He noted the new state law will make possession of
a controlled substance a gross misdemeanor and noted they are allocating money
to fund treatment and treatment facilities. City Attorney Call's recommendation is to
take no action, as this item is now essentially moot.
11. COUNCIL REPORTS
Councilmember Dovey, Councilmember Walsh, Councilmember Tran, and Council President
Kochmar had no report.
Councilmember Norton issued her resignation from the City Council, effective immediately, and left
the meeting.
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May 16, 2023
Councilmember Assefa-Dawson noted she will miss the many activities in the community this
weekend as she will be out of town.
Deputy Mayor Honda noted the Island Bowl will be May 27-28 at Saghalie Middle School; she
suggested they might look at applying for a LTAC grant, as it brings in teams from all over the
northwest. She recently attended the Community in Schools fundraiser which was well attended;
raised funds for that program, and she thanked Amanda Miller and the South King County Tool Library
for the service they provide to the community. She thanked Erica Norton for her service.
Mayor Ferrell stated the Council will be provided the information regarding the appointment process
for the Council vacancy; he thanked Councilmember Norton for her service.
12. EXECUTIVE SESSION
13. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 10:19 p.m.
Attest:
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St ha ie Courtney
City Clerk
Approved by Council: Olta f o& /20(�5
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May 16, 2023