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2019-07-02 Council MIN - Regular CITY OF T e d e ra CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall July 2, 2019 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:33 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. 3. PRESENTATIONS a. Police Department Swearing-in Ceremonies Chief of Police Andy Hwang introduced new Officer Lisle and announced the promotion of Corporal Hinckle. Mayor Ferrell administered the oaths of office and congratulated the officers. b. King County Public Health Recognizing Police Officers for Life-Saving Measures of Officer Brian Bassage and Officer Michael Sant Mayor Ferrell introduced Laura Miccile, CPR/PAD Program Manager for Public Health — Seattle and King County and patient Mr. Norman Stone. Ms. Miccile reported King County Public Health provides grant funding for purchasing AEDs (Automated External Defibrillator). AED's are installed in police cars due to increased survival rate when used along with early CPR. On April 10,officers responded to a 911 call received by ValleyCom and used the AED on Mr. Stone. Mr. Stone's life was saved as a result of the AED and the quick response by the officers. Mr. Stone sincerely thanked the officers for their assistance and shared his story of survival. Councilmembers asked how many cars are equipped with the AED. Lieutenant Raymond Bunk reported there are eighteen patrol cars currently equipped; five more in process. Federal Way City Council Regular Minutes Page 1 of 9 July 5, 2019 c. Police Department Fireworks Enforcement Briefing Deputy Chief Kyle Sumpter reminded the audience all fireworks are illegal in Federal Way due to noise; air and ground pollution; injuries; and fires. He indicated officers would rather see voluntary compliance, but will impose the $300 fine when needed. He encouraged Home Owners Associations and Multi-Family Properties to establish rules that ban fireworks and establish penalties when violated. Councilmembers thanked Deputy Sumpterfor his presentation and asked questions regarding increased patrols in areas that have been problematic during previous years. d. City's Obligations Update Finance Director Ade Ariwoola updated Council on the city's current financial obligations including the SCORE bond, Target 2017 Go Bond, 2013 Community Center Bond, and Section 108 Bond. He also highlighted other debts including the PAEC Construction Interfund Loan, PAEC Operations Interfund Loan, LED Street Light Interfund Loan, and CDBG Operations Interfund Loan. Council thanked Mr. Ariwoola for the presentation and asked questions regarding the possibility of potential recession. Mr. Ariwoola overviewed the potential impact if a recession were to occur. e. Certificates of Appointment Diversity Commission Councilmember Johnson acknowledged Certificates of Appointment to the Diversity Commission for Trenise Rogers and Nichelle Curtis-McQueen. f. Certificate of Appointment Ethics Board Deputy Mayor Honda acknowledged the Appointment of Kathryn Hancock to the Ethics Board. g. Mayor's Emerging Issues and Report • Red, White and Blues Festival Mayor Ferrell reported the Red, White and Blues 4th of July Festival at Celebration Park begins at 4:00 p.m. with the fireworks starting around 10:15 p.m. Parks Director John Hutton noted the various bands and live entertainment playing at this annual family friendly free event. This year they are including remote speakers in the parking lots outside the festival which will enable more people will be able to enjoy the music. • Recent Community Events Mayor Ferrell recently attended the South King County Scholar Athlete Breakfast at the Performing Arts and Event Center (PAEC) on June 29; and the Korean American National Sports Festival which was held June 21 through 23 held at Memorial Stadium. He noted a delegation of South Korean congressional leaders were present for this event. • Upcoming Events Mayor Ferrell noted upcoming events including Miles for Miso 5K on July 4 starting at 8:30 a.m. at the Federal Way Community Center; North Lake Improvement Center Annual Parade Federal Way Citv Council Regular Minutes Page 2 of 9 AN S, 2019 on July 4 beginning at 10:30 a.m.; 4th Annual Federal Way Veterans Center BBQ and Open House on July 12 at noon; and the Federal Way Kiwanis 63rd Annual Salmon Bake at Steel Lake Park on July 26 at 4:00 p.m. h. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) — Chair Duclos reported the last meeting was brief but approved the retainage release on the PAEC signage. The Financial Obligation report was provided at their meeting and she requested Mr.Ariwoola also present to the full Council tonight. Lodging Tax Advisory Committee (LTAC) — Chair Moore announced the committee will not meet in July as city staff is working on tourism grant deadlines. He overviewed events occurring with Federal Way Little League and the Annual Desna Cup in August at Saghalie Park. Land Use/Transportation Committee (LUTC) — Chair Koppang reported on a good meeting discussing roads and zoning. Discussion included seeking grant moneyfor Stormwater Drain artwork and planning for a city entrance sign on South 348th Street. He shared the committee accepted the contract awarded for Waste Management which will be before Council on July 16 for consideration. Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) — Chair Johnson noted next meeting is Tuesday, July 9. He indicated the August meeting is canceled due to National Night Out and the rescheduling and cancellation of Council Meetings. He indicated Chief Hwang will provide a report on crime reduction efforts and crime reports, and the prioritization of violence prevention recommendations will be discussed. Sound Cities Association—Public Issues Committee (PIC) Report—Councilmember Assefa- Dawson attended the Association of Washington Cities (AWC)Conference during which she attended a workshop titled Race, Equity and Leadership. She would like to implement elements of this workshop with Council. Deputy Mayor Report — Deputy Mayor Honda reported she attended along with Councilmembers Assefa-Dawson, Koppang, and Moore attended the AWC Conference in Spokane. She encouraged applications for citizen commissions;specifically stating the Senior Commission applications are due by July 26. 4. CITIZEN COMMENT Lea Realiza, spoke in support of cannabis in the city; she has used traditional medications to treat her health conditions however found that cannabis works best. Nolan Cho shared his story of growing up in a conservative household and how his view has changed regarding cannabis as a use to manage panic attacks. He would the revenue generated from marijuana stores used to help educate people on its uses. Krissy Grant shared regarding her medical issues and how marijuana has helped her to cut her prescription medications in half and has decreased her number of seizers to approximately 2 per month. Bernedine Lund expressed her pleasure regarding the clean air shelters that Seattle has planned for the summer months and suggested Federal Way initiate something similar. Federal Way Citi, Council Regular Minutes Page 3 of 9 Jule 5, 2019 Rodger Fowler Belmor Park resident, shared attributes of the park that make it unique and a jewel to the senior community who reside there. He requests that the city reject the request to rezone the Belmor area to high density. JudyJam�es shared from three different reports that address crime statistics in relation to cannabis dispensaries. Ken Blevens feels that marijuana is not the largest issue that Federal Way faces. He expressed that he would like to see more go towards law enforcement and the safety of the community. Lana Bostic urged Council to overturn the ban on marijuana retailers in Federal Way. She shared her belief that the city could benefit from the revenue generated from these businesses. Sarah Rogers shared her story of how she uses CDB to help manage her Muscular Dystrophy and Endometriosis. Ms. Rogers expressed that she would like to see the tax revenue generated from marijuana retailers to help improve funding for schools in Federal Way Brent Williams-Ruth is a State Planning and Elder Law attorney who represents seniors living in Belmor Park. Mr. Williams-Ruth urged council to reconsider rezoning Belmor. .lack Walsh spoke against allowing marijuana retailers in Federal Way. Mr.Walsh shared the results of the last vote taken and also expressed that he feels allowing marijuana stores in the city sends a negative message to youth. Chris Marr presented information to Council debunking dispensary myths and noted there is more information on the impacts of marijuana legalization and retailers in Washington State than when 1- 502 was originally passed years ago. Geoff Hastings shared information regarding the large quantity of marijuana retailers in the surrounding communities as well as findings that speak against marijuana use. Corey Forhis urged Council to lift the ban on marijuana stores in Federal Way. He expressed that the city is losing out on valuable tax dollars. Cat Morrison presented a deep history on cannabis and urged Council to allow marijuana retailers. Betty TaTaylor requested assistance at her apartment complex. She is having an issue with homeless people sleeping in the breezeway and littering. Ms. Taylor has brought this issue to the apartment complex management and police but there hasn't been a solution. Allison Taylor advocated for more drug and alcohol treatment centers in Federal Way. She also noted not everyone has access to a car; she feels the city should take advantage of this opportunity to create a new revenue source and allow marijuana retailers in Federal Way. Larry Huisinga spoke against allowing marijuana stores in Federal Way. He daughterwho feels since marijuana was legalized in Washington State, marijuana use among her peers increased. He feels the cost of the vote is insignificant to the amount of money proponents are saying the city will receive in tax dollars if passed. Dianna Vaughn spoke from studies she found suggesting that an increase of accessibility to marijuana in communities leads to a rise in marijuana use among youth which can lead to other negative consequences in pediatrics and youth. Federal Way City Council Regular Minutes Page 4 of 9 July 5, 2019 Catherine North compared the accessibility of alcohol and marijuana. She feels the process and precautions marijuana retailers are required to use doesn't feel equal to that of alcohol sales. City Clerk read letters into the record from Jo Baumgartner, Mike Culloton, Melodic Hardwick, Clifford Gahrett, and Lisa Miranda in favor of allowing marijuana retailers in Federal Way. City Clerk read a letter into the record from Melinda Ruiz opposing marijuana stores in Federal Way. 5. CONSENT AGENDA a. Minutes: June 18, 2019 Regular and Special Meeting Minutes b. May 2019 Monthly Financial Report c. Vouchers—05/16/2019 to 06/15/2019 d. Release Retainage- Performing Arts & Event Center Exterior Signage e. Business Licensing Services Agreement DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH E ON THE CONSENT AGENDA; COUNCILMEMBER DUCLOS 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 6. COUNCIL BUSINESS a. Resolution: Authorizing the Advisory Vote Ballot Title and Explanatory Statement regarding allowing retail Marijuana stores in city limits on the November 5, 2019 General Election/APPROVED RESOLUTION NO. 19-762 This item was presented with Item 6b; see below. b. Resolution: Directing the City Clerk to Advertise for Pro and Con Committee Members for the General Election Advisory Vote regarding Marijuana/APPROVED RESOLUTION NO. 19-763 City Attorney Ryan Call presented both Items 6a and 6b together. He highlighted the requirements and timelines for the election cycle and also reviewed the proposed ballot title and explanatory statement. Mr. Call explained there is currently an ordinance in place banning marijuana sales which would require a new ordinance to overturn it. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED RESOLUTION AUTHORIZING THE ADVISORY VOTE BALLOT TITLE AND EXPLANATORY STATEMENT REGARDING ALLOWING RETAIL MARIJUANA IN CITY LIMITS ON THE NOVEMBER 5, 2019 GENERAL ELECTION; COUNCILMEMBER DUCLOS SECOND. Councilmember Johnson shared he has spoken with residents and he believes the ballot item will pass and the increased revenue will do a lot of good for programs. He is in favor of the stores and the vote. Councilmember Assefa-Dawson shared her previous fears regarding retail-marijuana stores within the city. Now that it has been years since the previous advisory vote,there is data from neighboring cities to review and feedback from citizens regarding the need for accessibility. She believes that this vote should go back to the public. Federal Way City Council Regular Minutes Page 5 of 9 July 5, 2019 Councilmember Duclos shared she owns house in Ocean Shores and there have not been issues with their stores. She supports this vote and wants people to know they have the chance to make a decision. Councilmember Tran thanked those in attendance who shared their stories and opinions. He is against retail marijuana due several studies and reports, and due to concerns with the safety of nearby homes and property. He is also concerned with the impact increased crime would have on police resources. Councilmember Koppang shared he is sympathetic to both sides and believes the dialogue has expanded to include sustainable revenue; economic development; and revenue generation. The option to return the question to the voters has developed after much discussion. Deputy Mayor Honda clarified if the advisory vote passes it does not mean stores can open; there will still be a process. City Attorney Call confirmed that Council would have to take action by ordinance in order to allow retail marijuana in Federal Way. Deputy Mayor was originally against it and spent time discussing to topic with staff and students, noting young people report they get marijuana at school and in parking lots, not at the retail stores. She is in favor of the advisory vote in order to listen to the voice of the people. Councilmember Johnson discussed potential revenue and also reported on his personal research including reports from Bellevue, Renton and Spokane of a slight decrease in crime since allowing retail marijuana stores. Councilmember Moore appreciated the civil conversation with both pros and cons being presented on the issue. He understands the concerns and was against it before; he is concerned that these stores are not congruent with the family-centered vision he has for the city. However, he believes it should be returned to the vote of the people. The motion passed 6-0 as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran no DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED RESOLUTION TO ADVERTISE FOR PRO AND CON COMMITTEE MEMBERS FOR THE GENERAL ELECTION ADVISORY VOTE REGARDING MARIJUANA; COUNCILMEMBER LYDIA SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Mayor Ferrell announced Council would take a brief recess at 9:27 p.m. At 9:33 p.m. Mayor Ferrell reconvened the meeting. c. Ethics Board Appointment (Alternate to Voting Member) Federal Way Citi,Council Regular Minutes Page 6 oj'9 July 5, 2019 DEPUTY MAYOR HONDA MOVED TO APPOINT KAREN KIRKPATRICK AS A VOTING MEMBER OF THE ETHICS BOARD FOR A TERM TO EXPIRE JUNE 30, 2021; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed 5-0 as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson not present Councilmember Duclos yes Councilmember Tran not present Councilrrrembers Johnson and Tran rejoin the meeting. d. Impact of Implementing HB 1406 and Qualifying Taxes for Affordable Housing Community Services Manager Sarah Bridgeford reported on House Bill 1406 which passed the Washington State Legislature focuses on affordable housing. It allows cities and counties to recapture portions of existing sales tax to be used for: • Acquiring, rehabilitating, or constructing affordable housing; Funding operations and maintenance costs of new units; and/or • For cities with populations less than 100,000 to provide rental assistance. She noted the steps required to become a participating city and which taxes qualified. She recommended delaying action to allow time to engage with South King Housing and Homelessness Partnership (SKHHP) and King County. Additional time will results in fully developed ideas; required documentation; implementation plans;and coordination efforts with other cities. Council thanked Ms. Bridgeford for her presentation and asked for clarification regarding future steps. Ms. Bridgeford indicted this item was brought directly to Council due to the time constraints for the November Election. If Council delays action,future items will be presented at the Committee level prior to Council consideration. A general consensus was made to follow the professional recommendation of staff to study this issue further; no action was taken. DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES AND ALLOW THE MEETING TO EXTEND PAST 10:00 PM; COUNCILMEMBERTRAN SECOND. Motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 7. ORDINANCES Second Reading a. Council Bill #762 Relating to the 2019 Periodic Update of the Shoreline Master Pi-oararnlAPPROVED ORDINANCE NO. 19-873 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDMENTS TO THE FEDERAL WAY REVISED CODE AND THE 2019 SHORELINE PERIODIC UPDATE; AMENDING FWRC 15.05.020, 15.05.030, 15.05,040, 15.05.050, Federal Wad-Cite Council Regular Minutes Page 7 of'9 Judy 5, 2019 15.05.070, 15.05.080, 15.05.090, 15.05.100, 15.05.110, 15.05.120, 15.05.140, 15.05.150. 15.05.180, 15.05.220, 15.05.240, 19.145.070, 19.145.410, 19.15.420, 19.145.460, 19.145.520; REPEALING CHAPTER 15.10; AND ADDING NEW SECTION 15.05.075. (Amending Ordinance Nos. 15-797, 11-705, 09-597, 00-375, 99-355, 98-323, 97-291, and 90-38. Planning Manager Doc Hansen presented a Powerpoint presentation outlining changes to the proposed ordinance since first reading due to feedback from the Washington State Department of Ecology (DOE): ® Amend language considered to improve clarification for administration. • Amend language related to proper referral to other sections of the Code. • Strike and add language which the DOE considers necessaryto be consistent with State Law. City Clerk City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE AS AMENDED; COUNCILMEMBER DUCLOS 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 8. COUNCIL REPORTS Councilmember Assefa-Dawson did not provide a report. Councilmember Johnson did not provide a report. Councilmember Tran attended the Korean Quarterly Community Meeting community meeting and thanked former Mayor Mike Park for his leadership; he is pleased to see the Korean community come together. Councilmember Koppang recently met with a young man and was was impressed with his knowledge of the city and current events. He recently attend a celebration of life for Bill Morton who recently passed away. Bill was a longtime volunteer at City Hall every Monday and a neighborwho contributed to his community in many ways. Councilmember Moore expressed his delight of Federal Way and taking advantage of the wonderful amenities and parks with his extended family. He is in the process of purchasing his first home with his wife and looks forward to raising a family here. Councilmember Duclos reminded pet owners to take care of their animals during the Fourth of July celebrations and to not let them outside. Deputy Mayor Honda wished everyone a happy and safe 4th of July providing a reminder to keep animals and children safe. She encouraged those who are interested in participating on the Pro or Con Committee to email the City Clerk directly prior to the deadline of Friday, July 12. She is excited for the 63rd Annual Salmon Bake at Steel Lake Park on July 26 and has tickets available. 9. EXECUTIVE SESSION Federal Way City Council Regular Minutes Page 8 of 9 AN 5, 2019 0 Pete_i-, ial 1 iL,4 4PA pau A2 `�(1 '11(1!'11 � ����r-sunt to -1111 not needed 10. ADJOURNMENT There being nothing further on the agenda; the Regular Meeting was adjourned at 10:11 pm Attest: $t�-phanie Courtney City Clerk Approved by Council:��.�(y���� Federal Way City Council Regular-Minutes Page 9 of 9 July 5, 2019