2021-06-15 Council Minutes - Regular.� Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Remote Meeting
June 15, 2021 — 6:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting held remotely to order at 6:33 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. Juneteenth Proclamation, Flag Raising and Celebration
Mayor Ferrell read and presented the proclamation to Trenise Rogers, Diversity
Commission Chair; Lyn Idahosa, Executive Director of Federal Way Black Collective;
and Erica Azcueta, Diversity, Equity and Inclusion Coordinator. Mayor Ferrell noted the
Juneteenth Flag was raised at City Hall on Friday, June 18 in a community celebration.
He also provided information on a celebration which would take place at the Federal
Way Farmers Market.
Ms. Rogers, Ms. Idahosa and Ms. Azcueta thanked the Mayor and Council for
acknowledging this tremendous historical event commemorating the emancipation of
African American slaves, and the importance of honoring this holiday.
b. Proclamation: Make Music Federal Way
Council President Honda read and presented the proclamation to Jan Barber and
Frank James of the Federal Way Lions Club. Ms. Barber and Mr. James both thanked
the Mayor and Council and provided information regarding the Lions Club Make Music
Federal Way event.
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June 15, 2021
c Mayor's Emerging Issues and Report
• City Hall Reopening Plan
Communications Coordinator Steve McNey provided a highlight of the city's "Re -
Opening Plan" for City Hall which will go into effect when the Governor reopens
the state of Washington on June 30.
• COVID-19 Update
Deputy Chief Kyle Sumpter provided an update regarding King County which is
currently reporting a 70% vaccination rate. He also noted those individuals who
are unvaccinated should continue wearing a mask and masks are still required
for all at schools, health care facilities and some large events may require proof
of vaccination. According to the Governor's plan, the state should fully reopen
on June 30.
• July 4th Fireworks Safety and Enforcement Plan
Deputy Chief Kyle Sumpter provided a reminder that all fireworks of any kind are
illegal inside the city limits of Federal Way. Chief Sumpter understands this is a
strongly held American tradition, however everyone must do their part including
school districts, home owners' associations, multi -family complexes to engage
and enact property rules to re -enforce the fireworks ban for the safety of
everyone.
The Police Department has published press releases, social media posts, and
various reader board notifications throughout the city with the reminder. Extra
patrols will be out over the weekend; all fireworks found will be confiscated.
• Community and Recent Events
Mayor Ferrell reported the FUSION Poverty Bay Cafe Grand Opening will be
held on June 19. He attended the 58th Annual Marine Hills Parade on June 5
and the K4C Elected Leaders Work Session on June 3 discussing climate
issues.
• King County Potential Shelter — Hotel Acquisitions
Sarah Bridgeford, Community Services Manager provided information regarding
a shelter option at the Red Lion Inn and permanent supportive housing option at
the Extended Stay America in partnership with King County.
Ms. Bridgeford noted addressing homelessness has been a top priority issue for
the city as noted in the Homelessness Task Force report in 2018, and the
Council approved recommendations in October 2019. She further noted funding
was included in the 2021 CDBG Annual Action Plan to support the acquisition
and/or rehabilitation of shelter for adults with support from the Human Services
Commission, the Mayor and City Council.
She noted King County is currently pursuing acquisition of the Extended Stay for
a permanent supportive housing project. The property is currently zoned for this
use and would provide a local solution and option for housing with services for
individuals experiencing chronic homelessness. This shelter would also include
funds for case management and behavioral health services (mental health and
substance use treatment) and would be staffed twenty-four hours a day and
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June 15, 2021
seven days a week.
Alternatively, the Red Lion Inn has been identified as a potential shelter location
and King County has identified potential funding to support the acquisition in
addition to approximately $450,000 of the city's CDBG capital funds as approved
in the 2021 Annual Action Plan. Next steps could include a code change to allow
use as a shelter and to structure a partnership with King County or a nonprofit
provider.
Councilmembers thanked Ms. Bridgeford the report and information. While many
Councilmembers are supportive of a local shelter and working towards a solution
for homelessness locally and regionally, there was concern with allowing the
county to dictate projects within the city.
d. Council Committee Reports
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair
Kochmar reported on the items passed at the June 8th committee meeting and shared
the next meeting would be July 13.
Land Use/Transportation Committee (LUTC): Chair Baruso reported the last meeting
was held on June 7 with two items moving to the consent agenda. He announced the
next meeting would be July 12 at 5:00 p.m. which is expected to be held at City Hall.
Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair
Tran noted the next meeting of the FEDRAC Committee will be June 22 at 5:00 p.m. on
Zoom.
Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson provided
information regarding the Olympic Dive Trials and the impact of COVID restrictions and
Wild Waves will open on Friday. The digital welcome sign on 348th was damaged and
it is unclear at this time if it can be repaired or needs to be replaced. She noted a job
fair for the tourism industry will take place on July 14.
Regional Committees Report (PIC): Councilmember Moore provided no report and
deferred to Councilmember Assefa-Dawson who reported on a discussion regarding
public office burn out due to lack of child care availability and other issues facing elected
officials. She further reported on various upcoming regional events.
Council President Report: Council President Honda noted she has enjoyed attending
the PIC meetings remotely. She reported on the King County Metro SCATBd (South
County Area Transportation Board) where the Rapid Line was discussed. She also
reported on the Board of Health meeting where the Helmet Law was discussed and is
under review. She noted her excitement to move back to in -person meetings.
4. PUBLIC COMMENT
Margaret Reyhner spoke in opposition of the proposed Steel Lake Viewpoint rezoning amendment
noting her opinion this property has the potential to serve the city as a nature preserve.
Eric LaBrie, EMS Consulting Engineers, represented the applicant Steel Lake Viewpoint rezoning
amendment and made himself available for any questions.
Erin Marsh spoke in opposition of the proposed Steel Lake Viewpoint rezoning amendment stating
that it would be detrimental to the lake and the wildlife.
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June 15, 2021
John Pearson spoke in opposition of the proposed Steel Lake Viewpoint rezoning amendment
sharing his concerns that building multi -family housing in that area would impact the wetland and
traffic conditions in the area.
Han Kirkland, Waste Management Contract Manager for Federal Way, shared highlights from the
new solid waste contract that launched in Fall 2020.
Cortney Freeman is concerned about a nuisance humming noise in her neighborhood.
Beverly Cobb spoke in opposition of the proposed Steel Lake Viewpoint rezoning amendment
stating that the City's infrastructure and crime rates are already negatively impacted by the increase
in multi -family homes in Federal Way.
Heather Grayson stated the homelessness problem in Federal Way a drug and mental health
problem at its core; stating that free housing will not address the underlying issue.
Jim Burbidge provided suggestions to the needle exchange program, specifically a needle for a
needle type approach to help regulate the number of needles in the community and allow for more
contact between users and the needle exchange program staff.
Allison Fine shared her appreciation for the Make Music Federal Way and Juneteenth events. She
feels parameters are needed for the needle exchange program and shared her concern with reports
of community members cleaning up encampments and taking the belongings of others.
Saxon Freiner-O'Quin spoke in opposition of the proposed Steel Lake Viewpoint rezoning
amendment sharing concerns about the impacts it would have to the environment and traffic.
Trenise Rogers explained mental health and drug use are separate issues noting not every
homeless person is a drug user and not every person suffering from mental health illness uses
drugs.
Email from Catherine North read by the City Clerk regarding homelessness.
Email from Nancy Justice read by the City Clerk opposing the proposed rezoning amendment for
a property on the corner of 1 st Avenue South and South 328th Street (Item 5).
Email from Grace Lubrano read by the City Clerk opposing the King County potential shelter (Item
3c).
Email from Erin Marsh/Suzanne Schaffer read by the City Clerk opposing proposed rezoning of
property on South 304 Street.
Email from Masahiro & Chui Egawa read by the City Clerk opposing the proposed Steel Lake
Viewpoint rezoning amendment (Item 5).
Email from Jennifer Lawton read by the City Clerk opposing the proposed Steel Lake Viewpoint
rezoning amendment (Item 5).
Email from Kate Tetzloff read by the City Clerk opposing the proposed Steel Lake Viewpoint
rezoning amendment (Item 5).
Email from Jeannie VanVleet read by the City Clerk opposing the King County potential shelter
(Item 3c).
Email from Anne Brennan read by the City Clerk opposing the King County potential shelter (Item
3c).
Email from Ju€ie Seitz read by the City Clerk requesting the Mayor and Council work with the
developer of the Bally's Fitness Center property when moving forward with the proposed rezone
(Item 5c).
Email from David VanVleet read by the City Clerk expressing concern of the display of special
interest flags at City Hall as well as city leadership's treatment of police.
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June 15, 2021
At 9:06 p.m. Mayor Ferrell announced the Council would take a brief recess for ten (10)
minutes. He reconvened the meeting at 9:18 p.m.
5. CONSENT AGENDA
a. Minutes: June 1, 2021 Regular and Special Meeting Minutes
b. Horizontal Curve Warning Signs — Final Acceptance
c. 2-92-1 Comprehensive PlaR ° r^9RdM-e�ec-ti ec�s pulled and approved
separately
Councilmember Moore pulled item c.
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH B ON THE
CONSENT AGENDA; SECOND BY COUNCILMEMBER TRAN. 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
Consent Agenda Item C/2021 Comprehensive Plan Amendments — Selection Process.
Councilmember Moore asked for clarification on the process of the Comprehensive Plan.
Community Development Director Brian Davis noted this is item is not approval or moving a request
forward, this is adding this item to the docket to allow it to be studied. In response to a question,
Mr. Davis also reminded Councilmembers of sitting in a quasi-judicial nature and that as this
process progresses if Council discusses a quasi-judicial matter they would need to disclose that
communication.
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF CONSENT AGENDA ITEM C;
SECOND BY COUNCILMEMBER TRAN. 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
6. PUBLIC HEARING
Mayor Ferrell opened the public hearing at 9:26 p.m.
a. Resolution/2022-2027 Transportation Improvement Plan (TIP)/APPROVED RESO.
NO. 21-811
City Traffic Engineer Rick Perez presented information on the 2022-2027 Transportation
Improvement Plan. The TIP is a 6-year plan for transportation -related capital projects and
is updated annually. The plan must be financially constrained, conform to air quality
requirements, and is a requirement for grant eligibility. The plan can be adopted following a
public hearing.
Mr. Perez provided the prioritization criteria and highlighted the completed project of SR99
HOV Lanes Phase V: S 340th Street — S 356th Street; modified City Center Access Phase
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June 15, 2021
2 project; and the new overlay project proposed for S 348th Street: 9th Ave S — SR 99.
Council thanked Mr. Perez for his presentation.
No public comment was received.
COUNCILMEMBER BAURUSO MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY
COUNCILMEMBER MOORE. 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
COUNCILMEMBER BAURUSO MOVED APPROVAL OF THE PROPOSED RESOLUTION;
SECOND BY COUNCILMEMBER TRAN. 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
7. COUNCIL BUSINESS
a. Authorization to use American Rescue Plan Act Local Fiscal Recovery Fund to hire
Temporary Positions for Grant Management of ARPA Funds
Economic Development Director Tim Johnson noted this item is a follow-up to the
presentation at the special meeting and study session. Approval of this request will allow
the city to leverage 3.6% of the total grant ($700,000) for grant management and hire part-
time temporary workers for quarterly and annual reporting requirements and auditing.
Additionally, the city would use the funds to hire third -party contractors who specialize in
grant writing.
Mayor Ferrell thanked Mr. Johnson for his presentation.
COUNCIL PRESIDENT HONDA MOVED APPROVAL OF OPTION 1 AS PRESENTED; SECOND
BY COUNCILMEMBER TRAN. 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
b. Police Body Worn Camera (BWC) Program (Deputy Chief Neal)
Deputy Police Chief Steve Neal presented information regarding a Police Body Worn
Camera proposal in response to recent legislation HB 1223, which becomes effective
January 1, 2022 requiring any custodial interrogation of an adult for felony offense, or
juvenile for any offense, be electronically recorded. Body Worn Cameras (BWC) are the
most reasonable way to comply with the HB 1223 requirements.
Deputy Chief Neal provided specific information on the selection process for the vendor and
the selection of AXON as the preferred option. He further provided detailed cost estimates
for equipment expenses which total $2,190,477 for a 5-year contract. This figure includes
licensing, implementation and training costs.
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June 15, 2021
In addition to equipment costs there will be a need for additional staffing to support this new
program. Additional staffing includes:
• 1 FTE — Law/Prosecutor
• 1 FTE — Information Technology position
• 1 FTE — Police Department Records Coordinator
• 3 new work stations and equipment and annual M&O for all 3 positions
Total personnel expense is estimated at $361,000.
Deputy Chief Neal also stated the departments draft BWC policy has been provided to the
labor management groups for review and the department looks forward to collaborating with
them regarding their collective bargaining rights regarding implementing and the effects of
the BWC program.
The next steps are to begin the hiring process for the additional staff and execute a service
agreement with AXON with a goal of the implantation of the BWC program to "go live"
January 1, 2022 which coincides with the HB 1223 requirement.
Councilmembers thanked Deputy Chief Neal for the presentation and information asking
clarifying questions regarding warranty and upgrade options for equipment as technology
advances; use of ARPA funds for this program; and the concern over the state imposing
unfunded mandates on cities.
COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED PROGRAM
DEVELOPMENT AND AUTHORIZE THE MAYOR TO EXECUTE A BODY WORN
CAMERA PROGRAM CONTRACT WITH AXON AND TO HIRE STAFF AS OUTLINED
IN THE PROPOSAL; SECOND BY COUNCILMEMBER MOORE. 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
Mayor Ferrell thanked Chief Neal for his work
COUNCIL PRESIDENT HONDA MOVED TO SUSPEND COUNCIL RULES TO ALLOW THE
MEETING TO CONTINUE PAST 10:00 P.M.; COUNCILMEMBER ASSEFA-DAWSON SECOND.
The motion passed unanimously as follows:
Council President Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
c. Confirmation of Finance Director
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
Communications and Government Affairs Coordinator Steve McNey was pleased to
introduce and provide background on the Mayor's selection of Finance Director Mr. Steve
Groom.
Mr. Groom is currently the Finance Director for the City of Yakima who ended 2020 with a
surplus of $2.5 million dollars in the midst of most cities in the state and the county struggling
with budget shortfalls from the downturn and COVID restrictions.
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June 15, 2021
Mr. Groom expressed his excitement to be a part of the Federal Way team and to whole-
heartedly work for the citizens.
Councilmembers look forward to meeting with Mr. Groom and welcomed him to the city.
COUNCIL PRESIDENT HONDA MOVED TO CONFIRM THE APPOINTMENT OF STEVE
GROOM AS THE FINANCE DIRECTOR; SECOND BY COUNCILMEMBER MOORE. 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
Mayor Ferrell congratulated and welcomed Mr. Groom and noted his first day will be July
19, 2021.
8. ORDINANCES
First Reading
a. Council Bill #808/Repealing the Criminalization of the Possession of Drug
Paraphernalia in Response to State Preemption on the Subject
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
CRIMINAL POSSESSION OF DRUG PARAPHERNALIA; REPEALING FEDERAL
WAY REVISED CODE SECTIONS 6.10.040, 6.10.050, AND 6.10.060. (REPEALING
ORDINANCE NOS. 99-362 AND 91-89)
City Attorney Ryan Call stated on May 13, 2021 the Governor signed into law SB
5476 which created a statewide misdemeanor for the possession of a controlled
substance preempting the local Federal Way law enacted on April 20, 2021. This
ordinance repeals Ordinance 21-911. Mr. Call clarified the City will still prosecute
unlawful possession of a controlled substance under State law as a misdemeanor.
No public comment was received.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO
THE JULY 6, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND
BY COUNCILMEMBER BARUSO. 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
b. Council Bill #809/Reoealina the Criminalization of the Possession of a
Controlled Substance in Response to State Law Preempting the Subiect
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
CRIMINAL POSSESSION OF CONTROLLED SUBSTANCES. (REPEALING
ORDINANCE 21-911)
City Attorney Ryan Call noted similar to the previous ordinance, on May 13, 2021
the Governor signed into law SB 5476 which creates a statewide misdemeanor for
the possession of a controlled substance which established pre -arrest diversion to
treatment, establishes treatment programs for substance abuse and removed
criminal prohibition on possession of items defined as "drug paraphernalia".
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June 15, 2021
The legalization of items defined as "drug paraphernalia" preempts and supersedes
Federal Way's local ordinance rendering it invalid.
No public comment was received.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO
THE JULY 6, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND
BY COUNCILMEMBER MOORE. The motion passed unanimously as follows:
Council President Honda
yes
Councilmember Assefa-Dawson
yes
Councilmember Baruso
yes
Councilmember Tran
yes
Second Reading/Enactment
Councilmember Craft yes
Councilmember Moore yes
Councilmember Kochmar yes
c. Council Bill #805/ 2021-2022 Biennial Budget Adlustment/APPROVED
ORDINANCE NO. 21-916
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
AMENDING THE 2021-2022 BIENNIAL BUDGET. (Amending Ord No. 20-903)
Finance Director Ade Ariwoola spoke briefly to clarify the non -represented COLA
allocation.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER TRAN MOVED APPROVAL AND ADOPTION OF THE PROPOSED
ORDINANCE; SECOND BY COUNCILMEMBER BARUSO. 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. Council Bill #806/ Amendina Utility Tax Rebate Program/APPROVED
ORDINANCE NO. 21-917
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVING FOR
UTILITY TAX REBATE TO LOW-INCOME CITIZENS; AMENDING FWRC 3.10.230
and 3.10.240 (Amending Ord Nos. 06-535 and 03-436)
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER TRAN MOVED APPROVAL AND ADOPTION OF THE PROPOSED
ORDINANCE; SECOND BY COUNCILMEMBER MOORE. 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
Federal Way City Council Regular Minutes Page 9 of 10
June 15, 2021
9. COUNCIL REPORTS
Councilmember Kochmar shared a past experience when she worked as a group worker with a
juvenile court in California. While working there she gained an understanding of troubled youth and
understands the impact drugs can have and recalled a scary situation she dealt with. She hears
what is happening in Federal Way and is concerned.
Councilmember Moore reflected on his past almost eight years and the great variety of issues and
challenges that have been faced during that time. He hears those that speak at public comment as
well as individuals as he visits locations within the city. He is excited to be a part of the solution
working with the Mayor and Council to develop and implement answers.
Councilmember Craft is looking forward to the Neighborhood Connection meeting scheduled for
July and is excited to interact with the community at that level. She shared her love for the city and
her desire for those living on the streets to get the help they need, whatever that help may be.
Councilmember Tran provided no report noting he is looking forward to meeting in person.
Councilmember Baruso agreed and is looking forward to again meeting in person. He welcomed
Mr. Groom to Federal Way and looks forward to working with him. He is happy to be celebrating
Juneteenth and noted there are online ideas of how to celebrate He appreciated public comment
and appreciates the various points of view that can help us understand one another.
Councilmember Assefa-Dawson shared her prior experience as a housing program director helping
with transitional housing for those with HIV or AIDS. She reiterated the need for compassion for
those who need help. She anticipates moving forward with caution and understanding as we
determine what would be the best course of action.
Council President Honda announced June 14 is Flag Day and the Army's birthday. The Federal
Way Soroptimist Club has held a Flag Day celebration for the past thirty-two years but has been
unable to the last and this year due to COVID restrictions. There is a video with combined footage
from previous celebrations available for view on their website in place of an in -person celebration.
She also announced the Annual Salmon Bake hosted by the Kiwanis Club at Steel Lake Park; this
year will also be a drive through.
10. EXECUTIVE SESSION
0 pursuant to RGVV 42 30 b) _ not needed
11.ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 10:34 p.m.
Attest:
W&KOA!n
Steph nie Courtney
City Clerk
Approved by Council: _ 09-N l=
Federal Way City Council Regular Minutes Page 10 of 10
June 15, 2021