2018-03-20 Council MIN - Regular..4.44CITY OF
1&„,..- Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
March 20, 2018 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:04 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember
Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran,
Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini
Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
DEPUTY MAYOR HONDA MOVED TO AMEND TONIGHT'S AGENDA TO MOVE ITEMS 7A AND
7B TO FOLLOW ITEM 4- CITIZEN COMMENT; COUNCILMEMBER ASSEFA-DAWSON SECOND.
The motion passed unanimously as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
Councilmember Assefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
3. PRESENTATIONS
a. Introduction of the Mayor's Task Force on Homelessness
Mayor Ferrell was pleased to announce and introduce the new task force which will focus
on homelessness in the city. He thanked those who were a part of the Homeless Mothers
and Children Initiative (HMCI) and feels this expanded task force will be addressing some
difficult issues. He asked members to come forward to be recognized.
• Sharry Edwards, Task Force Chair;
• Chantel Arnone, Emergency Department Clinical Manager CHI Franciscan
Health;
• Jeff Bellinghausen, Captain and Community Affairs Officer, South King
Fire & Rescue;
• Elric Bey, Federal Way resident;
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• Sarah Bridgeford, CDBG/HS Coordinator, City of Federal Way;
• Jeanne Burbidge, former Federal Way Mayor, Deputy Mayor, and City
Councilmember;
• Angela Coe, Regional Operations Director, Valley Cities Behavioral Health;
• Robin Corak, Executive Director, Multi -Service Center;
• Dan Dizon, Executive Director of Human Resources and Community
Relations, Federal Way PublicSchools;
• Jack Dovey, US Carrier Relations and Business Development Director,
GPS Lockbox;
• Willa Gaines, Advisory Board Member, Reach Out;
• Lawrence Garrett, Executive Director, Advancing Leadership;
• Kabal Gill, Owner, East India Grill;
• Marty Hartman, Executive Director, Mary's Place;
• Byron Hiller, Property Management Division President, Coldwell Banker
Commercial Danforth;
• Peggy LaPorte, Executive Director, FUSION;
• David Larson, Judge, Federal Way Municipal Court;
• Kimberly McGlynn, Operations Manager, King County Library System;
• Tom Medhurst, Member, City of Federal Way Planning Commission and
President and CEO of L & Nursery Supply, Inc.;
• Rick Miller, Pastor, New Hope Christian Fellowship;
• Jackie Muth, Partner, Mahrt & Associates CPA, Federal Way;
• Stephan Neal, Deputy Chief, City of Federal Way Police Department;
• Lynn Ormsby, Advisory Board Member, Sound Alliance/Federal Way Day
Center;
• Shelley Pauls, liaison for Federal Way faith community;
• Shelly Pricco, Executive Director, Nexus Youth and Families;
• Stacie Scarpaci, Probation Officer, City of Federal Way Municipal Court;
• Rebecca Stephens, Acting Associate Director, United States Department
of Veterans Affairs PugetSound Health Care System;
• Ken Stark, Vice -Chair, City of Federal Way Human Services Commission;
• Jeff Watson, Community Services Manager, City of Federal Way;
• Yarden Weidenfeld, Senior Policy Advisor, City of Federal Way's Mayor's
Office;
Dan Wise, Director of Homeless Services, Catholic Community Services in
King County.
b. Proclamation: Celebrating Women in Public Office Day
Deputy Mayor Honda, CouncilmemberAssefa-Dawson and Councilmember Duclos jointly
read and presented the proclamation to State Representative Kristine Reeves, Federal
Way School Board Member Carol Gregory and School Board President Claire Wilson.
Representative Reeves thanked Council for this incredible honor. She is extremely proud
to accept this proclamation recognizing the benefits women bring to public office. She is
able to lead the way on issues for family values and fighting to better the city, county and
state life. She feels this proclamation recognizes the work -life balance.
Deputy Mayor Honda also recognized women in the audience who have formerly served in
public office including Linda Kochmar and Jeanne Burbidge.
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c. Certificates of Appointment: Lodging Tax Advisory Committee
Councilmember Moore read and presented the certificates of re -appointment for Jessica
Christensen, Mike Dunwiddie, and Ryan Miller.
d. Certificates of Appointment: Human Services Commission
Councilmember Johnson read and presented certificates of appointment to the Human
Services Commissioner Brian Bentley, Jamila Taylor, Jack Walsh, Anthony Pagliocco, and
Betty Taylor.
e. Mayor's Emerging Issues and Report
• Legislative Update
Mayor Ferrell asked Senior Policy Advisor Yarden Weidenfeld to highlight key
legislative accomplishments. Mr. Weidenfeld reported on a very successful session for
the city. He thanked the legislators for their hard work and diligence in securing
funding for a very high percentage of the city requests. Programs receiving funding
include:
✓ Safe City cameras;
✓ Performing Arts and Event Center;
✓ University Initiative;
✓ North Lake conservation efforts (Forterra); and
✓ Emergency Shelter for families.
• Regional Meetings and Community Events
Mayor Ferrell updated Council on his attendance at various regional meeting including
the Gateway Project Meeting Assessment Review on March 8; the Federal Way Public
Schools Scholar Advisory Meeting on March 9; Regional Gang & Gun Violence
Coordination Meeting on March 7; and the Korean Community Quarterly Meeting on
March 15. He anticipates attending the South King County Elected Officials Affordable
Housing Meeting on March 27 and the Town Hall Meeting with Congressman Adam
Smith at City Hall on March 28.
• Budget Presentation Recap
Accounting Supervisor Chase Donnelly outlined the structural imbalance the city faces
in the current budget cycle and the foreseeable future. He asked various directors to
present brief backgrounds on their respective departments. Parks Director John
Hutton, Public Works Director Marwan Salloum, Community Development Director
Brian Davis and Police Chief Andy Hwang all spoke addressing staffing shortages,
disparaging pay for current and long term non -represented staff, and increased
demand on job duties.
4. CITIZEN COMMENT
Rebecca Martin, CEO of the Chamber of Commerce, relayed their Board of Directors voted to
urge City Council to delay the voting on both the utility tax and admissions tax. They request
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more time to work together to solve this community challenge.
Peter Sanchez, Lakehaven Commissioner, spoke on behalf of the utility district and in
opposition of the excise tax on water and sewer. He read a letter outlining their plan of action
as this moves forward.
Dale Griffin, United States Army veteran, requested Council ban the sale of AR -15 in Federal
Way stating that modern weaponry is not what the founding fathers intended.
Julie Sharlock spoke in opposition of the proposed utility tax.
Jack Sharlock spoke in opposition of the proposed utility tax.
Jeanne Burbidge, longtime resident, shared the history of taxes within the City of Federal Way
since incorporation which she believes has contributed to the current situation. She spoke in
favor of the proposed tax as a necessary ongoing revenue source.
Julie Vance, 65 year resident, spoke in opposition of the proposed utility tax highlighting the
struggle of those on fixed incomes and those raising families.
Debbie Harvey spoke against the utility tax and asked the Mayor and City Council to consider
giving breaks to seniors.
Dick Whipple, 40 year resident, spoke in opposition of the proposed utility tax and all tax
increases.
Don Casell, resident since 1961, spoke in opposition of the proposed utility tax labeling himself
and other residents as a victims of taxation.
Matt Everett, General Manager of Highline Water District, spoke against the proposed utility tax
and asked City Council to work with the utility districts to come up with a win-win situation.
Norma Blanchard shared a complaint regarding a council member's behavior at the January 2
City Council Meeting. She has submitted a Code of Ethics complaint.
TaShawna Nash invited Federal Way citizens to participate in the Save Weyerhaeuser
Campus Earth Day Walk on Sunday April 22 at 2:00 p.m.
Len Englund, Lakehaven Utility Commissioner, spoke against the proposed utility tax. He
emphasized the difference between water and sewer utilities versus phone and cable
companies.
Carol Frayley spoke in opposition of the proposed utility tax and questioned why the budget
information was not shared at the Mayor's State of the City Address.
Lawson Bronson, 40 year resident, spoke in opposition of the proposed utility tax. He
questioned efficacy of the strong mayor form of government.
Homer Anders spoke in opposition of the proposed utility tax.
Rick Johnson spoke in opposition of the proposed utility tax.
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Nate Barton, 30 year resident and member of Army Reserves, spoke in opposition of over-
regulation and taxation.
David Seatz, 27 year resident, expressed his opposition to the Council's right to taxation.
Jerry L. Graham suggested contracting out some of the city services and to see if costs can be
lowered.
Wanda Vargas, 30 year resident, shared her concern with the libraries and the danger in the
libraries. She asked for a police officer to be stationed at the libraries to mitigate the situation.
Christina Alvarez shared the fear she feels having received notice that a sex offender had
moved into her neighborhood. After contacting both King County and Federal Way Police she
is upset that there is no law against this and is asking for help.
Betty Taylor announced the closure of TBN Studios; the last Christian television station in
Federal Way. An event is being hosted March 23 at 7:00 p.m. at Pastor Dan Larson's Church;
all are welcome.
Earnest Commodore requested property taxes be reduced. He shared issues he has had with
Lakehaven Utility District's billing.
Bene Dagan updated the Mayor and City Council on the condition of the old Albertson's
parking lot and requested it be remedied.
Tom Sunick, 1959 Federal Way High School graduate, spoke in opposition of the proposed
utility tax.
Suzanne Vargo spoke in opposition of the proposed utility tax and provided potential revenue
ideas.
Peter Townsend spoke in opposition of the proposed utility tax and is concerned that
businesses will be leaving because of the taxes
DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES EXTEND THE MEETING
PAST 10:00 PM; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as
follows:
Deputy Mayor Honda yes Councilmember Koppang yes
Councilmember Assefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
Councilmember Moore left the meeting briefly at 9:59 p.m. and returned at 10:04 p.m.
Councilmember Duclos left the meeting briefly at 9:59 p.m. and returned at 10:03 p.m.
Letter read into the record by City Clerk from Gerald & Doris Andre expressed opposition of
the proposed utility tax.
Letter read into the record by City Clerk from Derek Purton questioned utility tax transfers from
the Final 2017 Monthly Financial Report.
CLERK'S NOTE: The following five individuals submitted citizen comment sheets but were not
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in attendance when their names were called: Ed Pinkham, Susan Pinkham, Jennie Bigley,
Doug Peffer, and Lynn Bennett.
5. ORDINANCES
Second Reading/Enactment
a. Council Bill #736/Imposing an Excise Tax on Public and Private Water
and Sewer Utilities
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
RELATING TO THE IMPOSITION OF AN EXCISE TAX ON BUSINESS
ACTIVITIES OF PUBLIC AND PRIVATE WATER AND SEWER UTILITIES
WITHIN FEDERAL WAY; AND AMENDING FWRC 3.10.040.
City Clerk Stephanie Courtney read the Ordinance Title
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER ASSEFA-DAWSON SECOND.
Councilmember Johnson is very proud of the staff we have, however he would like to see
every option exhausted prior to increasing taxes. He appreciated meeting with Lakehaven
representatives along with Deputy Mayor Honda and Councilmember Tran.
Deputy Mayor Honda also agreed she would like to see this process slow down. She is
concerned over the time and cost this will bring including litigation costs for both sides.
Councilmember Duclos agreed communication should occur with Lakehaven and also noted
the lack of revenue options has been noted for some time including in the last budget cycle.
Councilmember Tran stated this is the most difficult decision he has had to make and
appreciated this important discussion. He wants to support the investment in the downtown to
increase revenue and also decrease expenditures. Councilmember Assefa-Dawson
appreciates all the comments and information presented tonight; however they need to
address this issue of the current shortfall with a viable and sustainable revenue source.
Councilmember Koppang agrees the city has to be fiscally responsible and he feels the city
has been. He noted this has been discussed previously and he understands citizens oppose
tax increases, and there are competing interests between upkeep of parks, roads and public
safety and being an affordable community and growing the economy. He feels this is a
reasonable way to implement a small tax on a broad scale.
Councilmembers discussed the utility tax rebate program which is currently available to low
income seniors and disabled citizens. The rebate program, which began in 2003, is open
through April 30 of each year.
Councilmembers continued to discuss maintaining city services, paying employees a fair
market rate, and maintaining a safe community. The current franchise agreement with
Lakehaven was also discussed; the city is losing money as it is currently written.
Deputy Mayor Honda thanked citizens for attending tonight's meeting and voicing concerns.
She would like to see low-income families added to the utility tax rebate program; Mayor
Ferrell agreed and noted that should be added to the next FEDRAC agenda.
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Councilmember Moore also stated this is a very difficult decision; however he feels the
Council needs to solve this problem. He would like to have budget town hall sessions to
discuss the next budget more directly with the public.
DEPUTY MAYOR HONDA MOVED TO ADD LOW-INCOME FAMILIES TO THE UTILITY TAX
REBATE PROGRAM, AND TO DO THIS TONIGHT; COUNCILMEMBER JOHNSON SECOND.
Mayor Ferrell asked Deputy Mayor Honda to restate her proposed friendly amendment.
AMENDMENT AS CLARIFIED: DEPUTY MAYOR HONDA MOVED TO ADD LOW INCOME
FAMILIES TO THE UTILITY TAX REBATE PROGRAM AND TO DO THIS TONIGHT.
Councilmember Koppang added for this particular tax; Deputy Mayor Honda agreed and
added the term "Lakehaven". Mayor Ferrell asked for the amendment be clarified one final
time prior to voting.
AMENDMENT FURTHER CLARIFIED: DEPUTY MAYOR MOVED TO AMEND THE MOTION TO
ADD LOW INCOME FAMILIES TO THE LAKEHAVEN UTILITY TAX REBATE PROGRAM.
Councilmember Tran asked to define the term "low-income" including how it would be
structured and if there would include a cap. Mayor Ferrell deferred to City Attorney Call. Mr.
Call stated staff will research potential conditions or limits for Council review and approval.
The amendment passed unanimously as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
Councilmember Assefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
Mayor Ferrell stated the motion on the floor moved by Councilmember Duclos and seconded
by Councilmember Assefa-Dawson is for item 7a Council Bill #736. City Attorney Call asked
Mayor Ferrell to have the motion restated for clarity.
RESTATED MOTION: COUNCILMEMBER DUCLOS MOVED APPROVAL OF COUNCIL BILL 736
IMPOSING AN EXCISE TAX ON PUBLIC AND PRIVATE WATER AND SEWER UTILITIES.
Mayor Ferrell clarified the motion to also include the previously approved amendment of
adding low income families to the utility tax rebate program. Councilmember Duclos agreed.
CLARIFIED MOTION: APPROVAL OF COUNCIL BILL 736 IMPOSING AN EXCISE TAX ON
PUBLIC AND PRIVATE WATER AND SEWER UTILITIES AND ADDING LOW-INCOME FAMILIES
TO THE UTILITY TAX REBATE PROGRAM.
Main Motion as amended passed 5-2 with a roll call vote; Deputy Mayor Honda and
Councilmember Johnson dissenting as follows:
Deputy Mayor Honda no Councilmember Koppang yes
Councilmember Assefa-Dawson yes Councilmember Moore yes
Councilmember Johnson no Councilmember Duclos yes
Councilmember Tran yes
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b. Council Bill #737/Amendinq FWRC 3.60.010 relating to the Admissions
Tax Cap
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
THE ADMISSIONS TAX CAP; AMENDING FWRC 3.60.010. (AMENDING ORDINANCE
NO. 17-831)
City Clerk Stephanie Courtney read the Ordinance Title
COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
Councilmember Assefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
At 10:36 the Mayor announced the Council would take a brief recess; he reconvened the meeting
at 10:43 p.m.
Councilmember Koppang left the meeting at 10:36 p.m. for business obligations.
6. CONSENT AGENDA
a. Minutes: March 6, 2018 Regular and Special Meetings
b. Amendment to the Existing Subscriber Agreement with Public Safety Testing
c. Wildwood '17 NTS; 19th Ave S — 20th Way S (S 290th St to S 294th PI)
d. 2018 Asphalt Overlay Project - Bid Award
e. NPDES Annual Report and Stormwater Management Program Update
f. 2018 Storm Drain CCTV Inspection and Assessment — 85% Design Status Report and
Authorization to Bid
g. Submittal of Transportation Grant Application
h. Grant of $25,000 Offered to the City of Federal Way for the Completion of the Periodic
Review of the Shorelines Master Program
DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH H ON THE CONSENT
AGENDA; COUNCILMEMBER TRAN SECOND. The motion passed unanimously 6-0 as follows:
Deputy Mayor Honda yes Councilmember Koppang excused
Councilmember Assefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
7. PUBLIC HEARING
a. 2017 Program Year Consolidated Annual Performance & Evaluation Report (CAPER)
Mayor Ferrell opened the public hearing at 10:44 p.m.
Human Services CDBG Coordinator Sarah Bridgeford briefed the Council on the report
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and answered various questions regarding job creation for the Performing Arts and Event
Center and Habitat for Humanity projects. Human Services Manager Jeff Watson
addressed the question of timeline and life of funds unused.
No citizen comments were received.
COUNCILMEMBER JOHNSON MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER
DUCLOS SECOND. The motion passed unanimously 6-0 as follows:
Deputy Mayor Honda yes Councilmember Koppang excused
CouncilmemberAssefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
COUNCILMEMBER JOHNSON MOVED APPROVAL OF THE 2017 CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT AND TO AUTHORIZE THE MAYOR TO EXECUTE ALL
DOCUMENTS ASSOCIATED WITH THE REPORT FOR SUBMISSION TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT; COUNCILMEMBER ASSEFA-DAWSON SECOND.
The motion passed unanimously 6-0 as follows:
Deputy Mayor Honda yes Councilmember Koppang excused
Councilmember Assefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
b. Public Hearing for the Street Vacation of a Portion of SW 300th Street
Mayor Ferrell opened the public hearing at 10:56 p.m.
Street Systems Engineer John Mulkey presented a brief staff report on the street vacation
including the background, compliance, and property owners. Councilmembers-thanked
Mr. Mulkey and asked clarifying questions regarding appraised value. Mr. Mulkey noted
the property has not been appraised; he referred to the tax value.
• Citizen Comment
Carol O'Brien, one of the three property owners, asked clarification regarding the process
and noted they are seeking the street vacation to maintain access to their current property
which has been in her family since 1957.
Spencer Eason, one of the three property owners for over 60 years, supports the street
vacation for similar reasons. The vacation is needed to maintain property value and
access to his property. He stated there are no utilities on that portion of the road and it will
not be further developed.
Deputy Mayor Honda asked Mr. Mulkey to explain the process when two of the three
property owners financially support the request. Mr. Mulkey noted per State law, the
property if vacated, has to be split equally on both sides of the road, even if only two
parties financially support the vacation.
DEPUTY MAYOR HONDA MOVED TO CLOSE THE PUBLIC HEARING; COUNCILMEMBER
ASSEFA-DAWSON SECOND. The motion passed unanimously 6-0 as follows:
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Deputy Mayor Honda yes Councilmember Koppang excused
CouncilmemberAssefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
DEPUTY MAYOR HONDA MOVED APPROVAL OF THE REQUEST FOR STREET VACATION
AND TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE VACATING A PORTION
OF THE RIGHT OF WAY WITHIN SW 300TH STREET AND PRESENT IT TO COUNCIL FOR FIRST
READING UPON PAYMENT FOR THE LAND AND GRANTING OF REQUIRED UTILITY
EASEMENTS; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously
6-0 as follows:
Deputy Mayor Honda yes Councilmember Koppang excused
CouncilmemberAssefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
8. COUNCIL REPORTS
Councilmember Duclos announced the upcoming Finance, Economic Development, and
Regional Affairs Committee (FEDRAC) Meeting is scheduled for Tuesday, March 27 at 4:30
p.m. The meeting will be held in the Hylebos Conference Room.
Councilmember Moore acknowledged that it was a difficult meeting and asked the Mayor to be
innovative in the upcoming budget process. He reminded Council of the commitment made
during the Council Retreat wherein they committed to finding additional revenue sources.
Councilmember Tran thanked those who attended and those who sent emails prior to the
meeting. While he was unable to reply to all, he did read them; he wants their input and
feedback.
Councilmember Johnson also acknowledged it was a difficult night. He shared he will be
looking at every inequity in the budget and for additional revenue sources as Council works on
the 2019/2020 Budget. He announced the Washington Voting Rights Acts passed resulting in
individuals automatically being registered to vote at the age of eighteen. The Federal Way
Youth Action Team became a 501 c3 and will be hosting community clean up in coming weeks.
Councilmember Assefa-Dawson clarified the rebate program for the low-income and disabled
is for the tax portion, not the entire bill. She questioned how this additional workload will be
managed by staff. She thanked the Mayor for the Homelessness Task Force and is eager to
hear their conclusions.
Deputy Mayor Honda attended the Diversity Commission Meeting where fifth -grade students
from Nautilus Elementary School presented their need for more diverse books in their library.
The Diversity Commission was able to provide books in response to their request. She also
announced the sponsorship availability for the Flavor of Federal Way happening in August.
9. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 11:33
p.m.
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Attest:
p anie Courtney
City Clerk
Approved by Council:
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