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2020-11-04 Council Minutes - RegularCIT viz�Alhl Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting November 4, 2020 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting held remotely to order at 6:32 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. 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. Emergency Weather Shelter Update Sarah Bridgeford, Community Services Manager, reported the city plans to offer shelterto mitigate the risk of severe weather while modifying how the shelter is run to minimize spreading of COVID-19. Ms. Bridgeford noted when the shelter is activated it will be open for a minimum of two nights with additional nights added when weather conditions continue to meet the activation policy. The city is currently working with Catholic Community Services and other regional jurisdictions to plan for staffing needs. b. School Impact Fee Update Brian Davis, Community Development Director provided an update on the process of setting 2021 school impact fees. Mr. Davis has worked with the Federal Way School District to bring forward a new approach to setting fees which will assist in attracting more market rate multi -family housing to the city, which is currently unable to pencil out to developers due to the current fee structure. Mr. Davis stated there has been essentially zero school impact fees collected for projects since 2015 due to the steep incline in rates. In 2020 the rate saw its peak at $20,768 per unit. While working with the school district for a mutually beneficial outcome, a per bedroom discount has been discussed. Discounts would increase as the number of bedrooms decrease. A 4+ bedroom unit would be charged the full impact fee, with an incremental discount for each less bedroom to the highest discount of 62.5% for a studio unit. c. Mayor's Emerging Issues and Report Mayor Ferrell noted he would be hosting a Facebook Live Town Hall Meeting on Federal Way City Council Regular Minutes Page 1 of 7 November 4, 2020 November 19 at noon. He also invited everyone to attend the socially distanced 30 -year Time Capsule Event at the Performing Arts & Event Center on November 6 at noon. Parks Director John Hutton provided a report on the first ever drive through Trick or Treat Event at the PAEC which was very well attended and fun for all. The Mayor also noted the Farmer's Market last market of the season was held on Saturday, October 31. Policy Advisor Bill Vadino reported on StART Reengagement with the Airport Noise Issues. The Mayor has appointed Dave Berger and Chris Hall to represent our neighbors on StART along with himself attending on behalf of the Mayor and staff. Monthly updates will be provided at the Land Use/Transportation Committee meetings. Mayor Ferrell noted a upcoming Shred Event at EI Centro de la Raza on November 17 from 9 am to 1 pm, and reminded all of the holiday closure of City Hall on November 11 for Veterans' Day. d. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Kochmar reported the next meeting will be November 10 at 5:00 pm and reviewed the agenda items. Land Use/Transportation Committee (LUTC): Councilmember Baruso reported the next meeting would be December 7 noting the last meeting forwarded many items to Council for final approval. Finance, Economic Development Regional Affairs Committee (FEDRAC): Councilmember Tran reported on the October 27 meeting where three items have been forwarded to Council for final approval. The next meeting will be November 24 at 5:00 p.m. via zoom. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson noted the next meeting would have been held November 11, however due to the holiday, the meeting has been rescheduled to November 18 at 10:00 a.m. Regional Committees Report (PIC): Councilmember Moore announced the next meeting will be held in November. Council President Report: Council President Honda shared the annual Veterans' Day program typically hosted by Kiwanis, Federal Way Historical Society, and the ROTC Jr. will not take this year due to COVID regulations. She expressed disappointment at not being able to honor our veterans and referenced the activities being put on by the City of Auburn. She announced Councilmember Kochmar has been selected by the National Foundation for Women Legislature for the 2020 Elected Women of Excellence Award which recognizes women who worked tirelessly to overcome barriers to serve their community. 4. PUBLIC COMMENT Stanette Marie Rose spoke in concern over COVID guidelines not being followed in city parks during youth sports. Edward Colgate shared concerns regarding park activities; he believes the Parks and Police Departments should be doing more to enforce COVID regulations. Parks Director John Hutton responded to the concerns. The City Clerk read letters from Patsy O'Connell and Sarah Kava a who participated in the art selection for the Sound Transit Light Rail Station and confirmed their support. Federal Way City Council Regular Minutes Page 2 of 7 November 4, 2020 Cynthia Ricks-Maccotan reminded Council the Black Collective has suggested the City add an employee devoted to diversity. She shared her excitement about the Time Capsule event and appreciation for the budget process with a number of meetings allowing for public input. 5. CONSENT AGENDA a. Minutes — Special Meeting October 15, 2020; Regular and Special Meetings October 20, 2020; Special Meeting October 21, 2020, Special Meeting October 27, 2020 b. Vouchers — September 2020 C. Monthly Financial Report — Monthly Financial Report 2020 d. Resolution: Finding of Substantial Need for Purposes of Setting the Limit Factor for the 2021 Property Tax Levy/APPROVED RESOLUTION NO. 20-800 COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH D ON THE CONSENT AGENDA; COUNCILMEMBER BARUSO SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 6. PUBLIC HEARING Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes a. Consideration of 2021-2022 Biennial Budget - Public Hearing per RCW 35A.34 Mayor Ferrell opened the public hearing 7:58 pm Finance Director Ade Ariwoola provided a brief presentation on the consideration of the 2021-2022 Biennial Budget as required by RCW 35A.34. Public Comment — no public comments were received. COUNCIL PRESIDENT HONDA MOVED TO CONTINUE THE PUBLIC HEARING ON THE PROPOSED 2021-2022 BIENNIAL BUDGET TO NOVEMBER 17, 2020; COUNCILMEMBER BARUSO SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes b. Consideration of 2021 Property Tax Levy - Public Hearing per RCW 35A.34 Mayor Ferrell opened the public hearing 8:05 p.m. Finance Director Ade Ariwoola provided information regarding the proposed 2021 Property Tax Levy including the Substantial Need Resolution passed on the Consent Agenda earlier in the meeting. He explained the resolution allows the city to tax at 1 % when the rate of inflation is 0.6%. The city has had the lowest property tax rate amongst comparable cities for the last 10 years including Auburn, Kent, Renton, SeaTac and Seattle. Federal Way City Council Regular Minutes Page 3 of 7 November 4, 2020 Director Ariwoola noted the first reading of the ordinance would be at the November 17 meeting with the second reading/enactment set forthe December 1. The ordinance will then be sent to the county by December 2. Public Comment — no public comments were received. COUNCIL PRESIDENT HONDA MOVED TO CONTINUE THE PUBLIC HEARING ON THE PROPOSED 2021 PROPERTY TAX LEVY TO NOVEMBER 17, 2020; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Assefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 7. COUNCIL BUSINESS Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes a. Ratification of Appointment to Finance, Economic Development Regional Affairs Council Committee COUNCILMEMBER TRAN MOVED TO RATIFY COUNCIL PRESIDENT HONDA'S APPOINTMENT OF COUNCILMEMBER LEANDRA CRAFT AS A MEMBER OF THE FEDRAC COMMITTEE THROUGH THE END OF 2021; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Assefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes b. Proposed Settlement Agreement in the matter of Gonzalez City Attorney Ryan Call provided a brief background on this matter which was settled out of court. COUNCIL PRESIDENT HONDA MOVED TO APPROVE THE PROPOSED SETTLEMENT IN THE MATTER OF GONZALEZ VS. CITY OF FEDERAL WAY; COUNCILMEMBER CRAFT SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes At 8:20 p.m. Mayor Ferrell announced the Council would take a brief recess for approximately five minutes. He reconvened the meeting at 8:26 p.m. c. Resolution: Opposing the Imposition of a Local Income Tax in the City of Federal Way/APPROVED RESOLUTION NO. 20-809 City Attorney Ryan Call provided background on this issue which has come up in the region. He clarified this is not currently under discussion in Federal Way, this resolution is a result of direction given by the Council to set a policy. Council President Honda noted multiple cites approved a local income tax last year and even though a proposed state-wide income tax has failed by vote of the people ten different times. She is concerned this idea might come up in the state legislature. Federal Way City Council Regular Minutes Page 4 of 7 November 4, 2020 Councilmembers shared their support for this policy noting working families are already dealing with the current economic downturn or struggling due to other impacts of COVID- 19. COUNCIL PRESIDENT HONDA MOVED TO APPROVE THE PROPOSED RESOLUTION EXPRESSING OPPOSITION TO A LOCAL INCOME TAX IN THE CITY OF FEDERAL WAY; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes d. Draft Letter regarding proposed artwork at Sound Transit Link Light Rail Station Policy Advisor Bill Vadino provided background and reviewed the draft letter regarding the proposed art work for the Federal Way Sound Transit Link Light Rail Station. The Council discussed and collectively agreed the image of an elephant balancing on top of a dead tree with a small bird does not represent the growing, diverse and growing community of Federal Way. Mayor Ferrell has also received feedback from many in the local arts community, who agreed this artwork, while whimsical, is ill -placed and does not represent the city. Councilmember Tran noted the Asian culture admires and respects elephants; however, they do not condone the use of elephants for entertainment purposes or in a circus atmosphere, as this image depicts. Councilmembers thanked Mr. Vadino for his presentation and asked clarifying questions regarding points in the letter and the Sound Transit process. Minor edits were suggested to the draft letter, which Mr. Vadino will incorporate into the final version. COUNCIL PRESIDENT HONDA MOVED TO APPROVE THE DRAFT LETTER AS AMENDED TO SOUND TRANSIT REGARDING THE PROPOSED ART WORK AT THE LINK LIGHT RAIL STATION; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 8. ORDINANCES Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Second Reading a. Council B.01 4788 Ordinance: Comprehensive Plan Amend mentlRezone ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP, AND APPROVING A CITIZEN INITIATED COMPREHENSIVE PLAN MAP AND ZONING MAP AMENDMENT AND LEGISLATIVE REZONE OF 5.01 ACRES LOCATED EAST OF PACIFIC HWYAND SOUTH OF THE 276TH PARKAND RIDE, PARCELS 720480-0172 AND 720480-0174 FROM HIGH DENSITY RESIDENTIAL (RS 7.2) TO MULTIPLE FAMILY (MF 1800). (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 AND 19-866) This item was withdrawn by the applicant for future modifications: No action Federal Way City Council Regular Minutes Page 5 of 7 November 4, 2020 was taken. Council Bill #789 Ordinance: Amendment to FWRC 19.250, Cottage to using1APPROVED ORDINANCE NO. 20-899 ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO UPDATING THE ZONING AND DEVELOPMENT CODE; AMENDING FWRC 19.250.030; REPEALING 19.250.150 (AMENDING ORDINANCE NO. 06-533 AND REPEALING ORDINANCE NO 08-580) City Clerk Stephanie Courtney read the ordinance title. COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes 9. COUNCIL REPORTS Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Councilmember Assefa-Dawson provided no report. Councilmember Baruso congratulated Councilmember Kochmar for being selected for the 2020 Elected Women of Excellence Award by the National Foundation for Women Legislators (NFWL). He thanked the residents and citizens who participated in the elections. Councilmember Tran also congratulated Councilmember Kochmar and expressed appreciation for the works she does in the community. He welcomed Councilmember Craft to the FEDRAC Committee. Councilmember Tran provided information regarding the Washington COVID-19 Immigrant Relief Fund referring individuals to their website www.immigrantreliefwaorg.com. Councilmember Craft also recognized Councilmember Kochmar's award and thanked the Council for being welcoming. She noted November is Native American Heritage Month and shared Federal Way is recognized as being on the traditional lands of the Muckleshoot and Puyallup Tribes. She also thanked voters for their participation noting a 70% return of ballots in King County. Councilmember Moore voiced his congratulations to Councilmember Kochmar sharing she has been a legendary in our community. He thanked all those who voted during this pivotal time in our nation and shared that he ran for State Representative. While note elected, he thanked all those who voted and congratulated Representative Taylor. Councilmember Kochmar thanked everyone for their recognition of the honor she received. She reflected on the path that has led her to today noting the struggles of women in the past. She encouraged good values and hard work noting it is okay to disagree, but elected officials must be able to make decisions together and move forward. Council President Honda thanked the people that stood up and ran for office as it is a challenging experience both monetarily and emotionally as you are constantly criticized by people. She also thanked those who voted. She hopes many plan to attend the Legislative Breakfast being held remotely via Zoom. She attended the last outdoor Farmer's Market noting they will be relocating inside the mall for the holiday season. Federal Way City Council Regular Minutes Page 6 of 7 November 4, 2020 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:26 p.m. Attest: 41 Xz WLx-1� h nie Courtney City Clerk Approved by Council: JH y-2 70 Federal Way City Council Regular Minutes Page 7 of 7 November 4, 2020