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2019-12-03 Council MIN - Regular CITY 4F Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall December 3, 2019 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:36 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. MAYOR'S KEY TO THE CITY— COUNCILMEMBER DINT DUCLOS Mayor Ferrell was pleased to recognize and honor his long-time friend and colleague Dini Duclos with the Key to the City. Councilmember Duclos is retiring from elected office after serving three terms in office (2007, 2011, and 2015.) He thanked her for her partnership over the last 12 years on the City Council where she also served as the Deputy Mayor and Chair of the Finance, Economic Development and Regional Affairs Committee(FEDRAC). Her heart for service to this community was also apparent in her role as CEO of the Multi-Service Center for 18 years where she took a leading role in revitalizing the non-profit organization which works to strengthen communities throughout South King County and addresses the causes and barriers of poverty and homelessness which help lift people from crisis to self-sufficiency and stability. Deputy Mayor Honda thanked Councilmember Duclos for her impact not only as a friend and colleague, but the_impact,she has had on the community.CouncilmemberAssefe-Dawson noted she met Councilmember Duclos in a professional role many years ago; she thanked her for being supportive and encouraging; she wished her a happy retirement. Councilmember Johnson also added he met Councilmember Duclos years ago while still in high school and spoke to her regarding his interest in public service; he thanked her for always being true to her work and for her service. Councilmember Tran complimented Councilmember Duclos for being straightforward and open; he appreciated working with her on the FEDRAC Committee over the last two years. Federal Way City Council Regular Minutes Page 1 of 10 December 3, 2019 Councilmember Moore stated it was an honor to serve with Councilmember Duclos and he has learned a lot from her work on the Council and in the community; he appreciates her spirit and will miss her. Councilmember Koppang appreciates Councilmember Duclos' passion for the community and thanked her for her longtime leadership and dedication through her work on the Council and the Multi-Service Center. At 7:12 p.m. Mayor Ferrell announced the Council would take a brief recess honoring Key to the City recipient City Councilmember Dini Duclos for approximately 15 minutes. Mayor Ferrell called the meeting back to order at 7:30 p.m. Mayor Ferrell recognized State Representative Kristine Reeves and Councilmember-Elect Linda Kochmar who are attending the meeting. 4. PRESENTATIONS a. Recognition of Federal Way Hawks—Youth Football Mayor Ferrell read and presented Certificates of Recognition to Federal Way Hawks Head Coach Shaun Mitchell and his team who recently won the Northwest Championship, and have been invited to play and represent the City of Federal Way at the Pro Hall of Fame Youth Championship game in Canton, Ohio. Coach Mitchell thanked the Mayor and Council for the recognition and noted the team is currently fundraising to cover the costs of the trip for the athletes. He directed donations to the team's Go Fund Me page. b. 30 for the 30th —Celebrating Federal Way's 30th Anniversary Policy Advisor Bill Vadino and Economic Development Director Tim Johnson reported on the new city initiative asking residents to volunteer 30-minutes in honor of the city's 30th Anniversary. Mr.Vadino noted the implementation costwill be funded from the Mayor's budget which will include a website to capture volunteer events and promote upcoming opportunities and contact information for agencies. Council thanked Mr. Vadino and Mr. Johnson and asked clarifying questions regarding contact information and promotion. c. Mayor's Emerging Issues and Report Mayor Ferrell referenced the background picture on the monitors which are the new snowflakes that line South 320th Street for the holiday season, replacing lighting of the street trees as in years past, • Town Center Steps Ribbon Cutting Ceremony Mayor Ferrell was happy to report on the ribbon cutting for the Town Center Steps which occurred on December 4. He stated this is a key piece of improvement in the downtown which provides connectivity between the park and the Performing Arts and Event Center area. Federal Way City Council Regular Minutes Page 2 of 10 December 3, 2019 • Holiday Tree Lighting at Town Square Park Parks Director John Hutton invited to attend the annual tree lighting at Town Square Park on Saturday, December 7 at 4:00 p.m. He encouraged everyone to arrive early to enjoy the festivities of this free family event. Santa and Mrs. Claus will be arriving for photos, along with musical performances. • 2020 Annual Legislative Breakfast Mayor Ferrell reminded everyone of the annual Legislative Breakfast on December 11 at the Federal Way Community Center at 8:00 a.m. He noted this is a time for the Council to meet with State Legislators and discuss priorities for the upcoming session. The doors will open at 7:30 a.m. • Cancellation of December 17, 2019 Council Meeting Mayor Ferrell stated this is the last Council meeting of 2019, as the second meeting has been canceled to allow Council and staff members time to enjoy the holidays. • Roger Freeman Recognition Working Group The Mayor noted there is currently a working group of citizens and elected officials working together to bring forward a recommendation on how to honor the life and service of former City Councilmember and State Representative Roger Freeman. He thanked Betty Taylor for her work on this issue. d. Council Committee Reports • Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Duclos noted the Committee moved to cancel the December meeting. The Committee discussed the fee schedule which was moved to the Council Business Agenda for further discussion; all other items are on the Consent Agenda. She thanked city staff and noted it was a pleasure working and serving on the FEDRAC Committee. • Lodging Tax Advisory Committee (LTAC) Chair Moore reported the next meeting will be Wednesday, December 15 at 10:00 a.m. in the Hylebos Conference Room. He is looking forward to attending the ribbon cutting of the Town Center Steps tomorrow and continues to hope for a name change for this committee in 2020. • Land Use/Transportation Committee (LUTC) Chair Koppang reported on a good meeting with three large projects accepted as complete. He continues to be pleased with the knowledge and responsibility of staff as they work hard on efficiencies and managing projects with a high level of expertise, which in turn save the city dollars. He is privileged as Chair of this Committee to shepherd the Town Center Steps project through final completion and approval last year. Federal Way City Council Regular Minutes Page 3 of 10 December 3, 2019 • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Chair Johnson reported the next meeting is December 10. He noted Council Rules dictates the realignment of Committee Chairs every two years, and if this is his last report as Chair, he thanked staff including Police Chief Andy Hwang and Parks Director John Hutton for their work. He recognized School Board Member Davis in the audience. + Regional Committees Report (PIC) Councilmember Assefa-Dawson noted there is no report at this time as the next PIC Committee meeting is scheduled for the upcoming week. Councilmember Tran briefly reported on his recent trip and visit to the Federal Way Sister City of Donghae, Korea. He traveled on a personal trip/trade mission and had the honor to visit and represent the City of Federal Way while in the country. He was treated to a very warm and gracious welcome and toured City Hall and tourist destinations in Donahae. He played a brief video from the city and expressed best wishes from the elected officials of Donahae to the Mayor and Council. • Deputy Mayor Report Deputy Mayor Honda noted the last Council meeting had three members participating via conference call. She reported she attended a conference for women legislators in San Antonio, Texas along with Councilmember Assefa-Dawson. In addition to attending days of informative sessions and networking with other legislators across the country, they both received an Award for Excellence. 5. CITIZEN COMMENT Tim M. expressed his concern with allowing third-party flags on city property. He feels the American, State and City flags are sufficient to represent the community and believes allowing third-party flags will create division. Serhiy Balyuk questioned why, out of so many groups and movements that exist, any one in particular would be above another. Federal Way City Hall is representing all citizens and cannot give preference of one movement or group over another. Dave Kaplan with the Port of Seattle provided updates regarding the November 19 Port Commission meeting. At that meeting the commission adopted their 2020 budget and 5 year Capital Investment Plan. Diana Noble-Culliford spoke on behalf of the Historical Society of Federal Way,to extend an invitation to attend the open house of their World War II exhibit on December 7 from 2:00 to 4:00 p.m.featuring Washington State and Federal Way veterans. Lana Bostic shared her support of allowing third-party flags to be flown in Federal Way. Ms. Bostic specifically would like to see the pride flag flown on the flag pole located on South 320th Street. Federal Way City Council Regular Minutes Page 4 of 10 December 3, 2019 Alex Kirichenko spoke against allowing third-party flags to be flown. He urged the council to reject identity politics which will divide the community. Dmitriy Sidl'ovs iy feels the flags of the US Government, State and City represent everyone; the US flag guarantees freedom for everyone. Vitaliy Piennotin shared his stance that allowing third-party flags is allowing propaganda and division. Dana.Hollaway.spoke against allowing the flying of third-party flags at city hall.The flying of third-party flags has the potential of creating divide and the City needs to take into account what might happen if one group is allowed to fly their flag but another is not. Dennis Kiforishin warned Council they may be entering into a spiral that they cannot come back from, and urged then to be careful. Catherine North shared that the pride flag does not create hate; it shows acceptance. She shared a lot of other cities fly the pride flag. Ron Kaler believes that there are certain principles communicated through flags and he feels allowing third-party flags could put council on thin ice. Allison Taylor proposed some amendments to Agenda Item 7b which would allow council to be discretionary and to set a time limit on how long a third-party flag can fly. Mor an Fiskevold shared when the pride flag is recognized there is a feeling of safety and inclusion. Debbie Sabin agrees that the American flag represents all of us. Leah Naccarato does not believe the discussion is about a flag being flown but rather about fear and anger about the pride flag. Letter read by City Clerk from Patricia Conant opposing the flying of third-party flags at City Hall. Letter read by City Clerk from Monisha Harrell on behalf of Equal Rights Washington in favor of the City flying the pride flag. 6. CONSENT AGENDA a. Minutes: November 19 Regular and Special Meetings b. Monthly Financial Report—October 2019 c. Vouchers-October 2019_ d. Tourism Enhancement Grant Recommendation for January—June 2020 e. Agreement: Demolition of Fire Damaged Structure f. Community Center Pool Chemicals Contract Amendment Federal Way City Council Regular Minutes Page S of 10 December 3, 2019 DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH F ON THE CONSENT AGENDA; COUNCILMEMBER DUCLOS 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 7. COUNCIL BUSINESS a. 2020 Legislative Agenda Policy Advisor Bill Vadino provided a presentation regarding items the Council and staff have identified currently, and in previous years, as legislative requests for assistance and support for in the coming session. These items include public safety, homelessness, transportation, aircraft issues, education, quality of life issues for working families, and support for a veterans monument in Federal Way. Mr. Vadino introduced the City Lobbyist Ehren Flygare who thanked the Council and the legislators for the opportunity to discuss priorities and work together. Both Mr.Vadino and Mr. Flygare noted they are looking forward to the Legislative Breakfast where these issues will be discussed further. Councilmember Moore left Council Chambers briefly at 9:11 p.m. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE 2020 LEGISLATIVE AGENDA; COUNCILMEMBER DUCLOS SECOND. The motion passed 6-0 as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore out of the room Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. Resolution: Display of Third-Party Flags at City Hall (Flag Policy) City Attorney Ryan Call provided a presentation on the proposed resolution and policy of allowing third-party flags to fly at City Hall. He noted state law currently requires display of the flag of the United States, the Washington State flag, and the POW/MIA flag on specific dates. He noted the proposed policy clarifies the flag poles are not public forums, however viewed as governmental speech; the policy also excludes sports (team) flags, which are generally apolitical and displayed at the direction of the Mayor. Third-party flags would be flown as a statement of support from the city as expressed by a City Council proclamation. Such requests would be reviewed and determined based on the current proclamation approval process outlined in the Council Rules of Procedure. City Council Proclamations are defined as those non-controversial events with a major citywide impact. He clarified groups seeking recognition with a flag display would lend the City a flag for this purpose and flags would be returned to the requestor following the recognition period. Federal Way City Council Regular Minutes Page 6 of 10 December 3, 2019 Councilmembers thanked Mr. Call for the presentation and thanked the audience for their comments regarding this issue during Citizen Comment. Councilmembers expressed sadness this has become a political and divisive issue for many in the community; including citizens stating they feel unsafe in the community. Council asked various clarifying questions of Mr. Call regarding the proposed timeline of recognition, potential legal action against the city, and the possibility of delegating the authority to the Mayor as part of the Mayor's routine authority to manage the city's daily operations. Further discussion ensued including the suggestion of sending this draft policy to a Council Committee for further discussion and review;there was not Council consensus to refer this item back to Committee. City Attorney Call responded to a question from Mayor Ferrell, and clarified governmental speech, as applied in this proposed city policy can be articulated by either the Mayor or City Council. COUNCILMEMBER TRAN MOVED TO DELEGATE THE AUTHORITY TO DECIDE WHETHER OR NOT TO FLY CERTAIN FLAGS TO THE MAYOR; COUNCILMEMBER JOHNSON SECOND. Councilmember Moore feels as long as we have had this form of government, we have not given a voice to the community; he will be voting no on the motion. The motion passed 6-1 as follows; Moore dissenting. Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore no Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes c. Local Consent for Refugee Resettlement (Executive Order 13888) City Attorney Ryan Call provided background on this item stating this proposed action is in response to the President issuing an Executive Order on Enhancing State and Local Involvement in Refugee Resettlements. This order requires states and local governments provide written consent authorizing the initial resettlement of refugees into their communities. The city_received a request from Washington State DSHS to provide a letter to the US Department of State giving written local consent; Governor lnslee has already consented for the state.Without written consent federal aid for resettlement programs in Federal Way would be in jeopardy. Councilmember Assefa-Dawson has concerns with this policy and will speak with City Attorney Call following the meeting to discuss the details further. Federal Way City Council Regular Minutes Page 7 of 10 December 3, 2019 DEPUTY MAYOR HONDA MOVED TO GRANT LOCAL CONSENT FOR REFUGEE RESETTLEMENT PURSUANT TO EXECUTIVE ORDER 13888 AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER EXPRESSING THIS CONSENT; COUNCILMEMBER DUCLOS 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 DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES AND EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER MOORE 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 d. Authorizing Finance Director to Certify the Levy to the County Legislators COUNCILMEMBER DUCLOS MOVED TO AUTHORIZE THE FINANCE DIRECTOR TO CERTIFY THE LEVY TO THE COUNTY LEGISLATORS; COUNCILMEMBER ASSEFA- DAWSON 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 e. Resolution: 2020 City Fee Schedule Finance Manager Chase Donnelly provided a brief presentation on the fee schedule changes for 2020. He noted the fees schedule is reviewed everyyear by each department and is adjusted annually. Fee increases included for the Public Works and Community Development Department are based on inflation or recovery of costs associated with the permit process or other business activities provided by the City. Mr. Donnelly noted an amendment is anticipated to be brought before the City Council regarding the Federal Way Public School impact fees after further discussion and review. Councilmembers thanked Mr. Donnelly for the report and asked clarifying questions of citizens and developers being vested in a fee schedule.Community Development Director Davis noted the fee is imposed based on the current fee schedule at the time of submission. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE 2020 FEE SCHEDULE RESOLUTION; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes CouncilmemberDuclos yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 8 of 10 December 3, 2019 8. ORDINANCES Second Reading/Enactment a. Council Bill#769 Amendin FWRC Title 19 Division III Mitigation and Fees, Adding New Chapter- SWM S stem Develo ment Char es AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON, RELATING TO THE ASSESSMENT OF SURFACE AND STORMWATER UTILITY SYSTEM DEVELOPMENT CHARGES;AND ADDING A NEW CHAPTER TO TITLE 19 FWRC. City Clerk Stephanie Courtney read the ordinance title into the record, COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER DUCLOS 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 b. Council Bill #770 2019-2020 Budget Adjustment AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON, RELATING TO AMENDING THE 2019-2020 BIENNIAL BUDGET. (AMENDING ORDINANCE NOS. 18-860 AND 19-867) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER KOPPANG 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 c. Council Bill #771 2020 Property Tax Lev AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON, RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2020. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER TRAN 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 9. COUNCIL REPORTS Councilmember Duclos thanked the citizens of Federal Way who elected her to serve for the past twelve years. She reflected on her arrival to Federal Way stating she never regretted her decision to move here and tried to do her best for the community. She is grateful for the welcoming community Federal Way City Council Regular Minutes Page 9 of 10 December 3, 2019 and believes we try and help one another. Her time on Council has been meaningful to her and while she and her colleagues do not agree at times, they do not take it personally and work together. She loves and plans to continue supporting the city. Councilmember Moore congratulated Councilmember Duclos' on her retirement and looks forward to her continued support of the city and council. He appreciates the work of his colleagues and their mutual respect even when they disagree. He announced an informal Christmas Community Dinner on December 19 at JP's Tavern beginning at 6:00 p.m. He will be in attendance along with Councilmember Koppang and asked for attendees to bring hand warmers which will be donated to the Federal Way Day Center. Councilmember Koppang attended the farewell gathering for Doug Nelson who worked as Community Center Manager. He referenced the tributes made to Mr. Nelson by other staff as well as community members and wished him well. Councilmember Tran wished Councilmember Duclos a happy retirement. He thanked Mayor Ferrell, Deputy Mayor Honda, and others who facilitated his remote attendance at the most recent City Council Meeting. He shared next year is Federal Way's 20th Anniversary of the sister city relationship with Donghae, Korea. Councilmember Johnson thanked Councilmember Duclos for always being authentic while serving on the Council. He wished everyone a happy holiday season and is pleased when reflecting back on all that has been accomplished during 2019. Councilmember Assefa-Dawson thanked Councilmember Duclos for her work and shared it was an honor to be her colleague. She thanked staff for facilitating the sign language interpreter at the meeting and wished everyone happy holidays. Deputy Mayor Honda reminded those in attendance of the Framing City South meeting on January 4 in Council Chambers. She loves volunteering and supports the 30 for 30 Initiative; she would encourage 30 hours rather than 30 minutes. She thanked Doug Nelson for his service and dedication to the community. She thanked Councilmember Duclos for her service and leadership in the community and expressed appreciation for her direct communication style. She reflected it was appropriate she made the last motion in 2019. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:29 p.m. Attest: w S h nie Courtney City Clerk Approved by Council: W. . Federal Way City Council Regular Minutes Page 10 of 10 December 3, 2019