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07-06-2021 Council Minutes - RegularFe CITY OF eral Way CITY COUNCIL REGULAR MEETING MINTUES Remote Meeting July 6, 2021 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting held remotely to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney, Mayor Ferrell excused Councilmember Hoang Tran. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. COUNCIL PRESIDENT HONDA MOVED TO AMEND THE AGENDA TO ADD 6b TO COUNCIL BUSINESS WITH THE TITLE "SOUND TRANSIT RE -ALIGNMENT: IMPACTS TO THE TACOMA DOME LINK EXTENSION"; 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 3. PRESENTATIONS a. Encampment Clean -Up Initiative & Code Enforcement Deputy Chief Steve Neal provided information and background on the evolution of the City Initiative which began five years ago. He noted the city began working in cooperation with non -profits and faith -based agencies to provide care, compassion and referral of available resources to those in need. Multiple city departments have been involved in this process including Police, Public Works, Parks, Code Compliance and Human Services. He provided data which collected from 225 camps, some of which have been cleaned multiple times in the last 5-years to address health, safety, environmental concerns and Federal Way City Council Regular Minutes Page 1 of 7 July 6, 2021 damage to public and private property. He noted the numbers provide are a conservative estimate as they do not include cars and RVs. Deputy Chief stated moving forward the are followed and will continue to work enforcement, protection and resource communication with citizens and busir solutions which still follow the proper pri are applicable. city will ensure all legal and ethical protocols with private property owners to provide law information. The city is working to foster ass owners and is open to new innovative tocol, time lines, law and personal rights that City Council asked multiple clarification questions of Deputy Chief Neal. Community Development Director Brian Davis provided information on the nuisance abatement process where "Nuisance" is defined in Federal Way Revised Code 7.03 as "filthy, littered, trash -covered premises... which are a fire hazard or a menace to the public health, safety, or welfare". Mr. Davis outlined the time line for nuisance abatement on private property which includes: • 10-day warning letter 14-day order to cease activity • 30-day appeal option • 14-day compliance period after appeal • 21-day judicial review option Mr. Davis further explained most cases are resolved between one to six months, depending on how cooperative the property owner is. Due process values property rights and the full process takes time, as some cases end up in court. He also noted there are repeat offenders who clean up their properties, then allow it to become littered again, giving the appearance of it never being cleaned. He also provided information on underbrush clearing which can be very effective in increasing visibility on properties. He commended Code Compliance staff who handle approximately 3,633 complaints annually and 99% of submitted nuisance complaints are opened and closed within one month. Councilmembers asked clarifying questions of Director Davis. Mayor Ferrell thanked Mr. Davis and Deputy Chief Neal for the presentation. b. Mayor's Emerging Issues and Report Woodbridge Building B — IRG Campus: Community Development Brian Davis provided information on the Woodbridge Building B Project on the former Weyerhaeuser Campus currently owned by IRG. Mr. Davis noted the City issued the SEPA threshold determination for Woodbridge Building "B" on the IRG campus. SEPA is the state -required determination that evaluates certain environmental impacts by a proposed development. The City's SEPA determination is called a "Mitigated Determination of Non -significance". A SEPA appeal was filed on November 12, 2020. The SEPA appeal hearing will occur at the time after expiration of the Use Process (UP) III appeal period. He provided a summary of the decision and the conditions, noting the appeal period began today and ends July 23. The UP decision does not authorize construction. The review was conducted by the Community Development and Public Works Federal Way City Council Regular Minutes Page 2 of 7 July 6, 2021 Departments, Lakehaven Water and Sewer District and South King Fire & Rescue. Conditions of approval address transportation, stormwater, wetlands, tree removal, clearing/grading, landscaping, parking, equipment, noise, and air quality. He provided further detailed information on specific conditions of approval. 2020 Financial Audit: Finance Director Ade Ariwoola was pleased to announce the state has completed the state audit. He noted Federal Way is one of only twelve audits completed state-wide as most cities have requested extensions. He thanked his staff for their hard work and being responsive to the audit which included CARES grants, roads grants and police grants. Mayor Ferrell thanked Mr. Ariwoola for his years of service and dedication to the city and the financial well-being of the city. He noted Ade is retiring next month. City Hall Open: Mayor Ferrell reminded everyone City Hall has re -opened as of June 30, 2021 and the first in -person meetings begin on July 12. Covid-19 Update: Deputy Chief Kyle Sumpter reported the vaccination rates continue to increase in King County and the new infection and hospitalization rates are decreasing. July 41" Fireworks Enforcement Report: Deputy Chief Kyle Sumpter reported on activity over the holiday. He noted the final numbers are not yet completed, however there were 7 fires (2 homes in one fire) and 254 fireworks calls for service on July 1-5. He again invited HOA's and multi -family housing to amend bylaws and covenants or contracts to explicitly disallow illegal fireworks and enforce their own penalties for violations by residents and their guests. He also invited Clubs and Service Organizations to establish a Fireworks Awareness and Prevention Campaign. Council thanked Chief Sumpter for the report and information and discussed the need to relook at the fireworks policy and possibly increase the fines. Upcoming Events: Mayor Ferrell invited everyone to attend the next Neighborhood Connection Meeting at the Federal Way Community Center on July 15 at 6:30 p.m. He further noted the next African American/Black Community Quarterly Meeting will be on July 21 at 6:30 p.m. via Zoom. Recent Events: He further reported on recent community events including the Juneteenth Flag Raising at City Hall on June 18; Juneteenth Event at Farmers Market on June 19; FUSION Poverty Bay Cafe Grand Opening on June 19. He expressed his thanks to the Federal Way Lions Club for their donation of the Recycled Plastic Bag Bench which was installed in front of City Hall on July 1. c. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar reported the next meeting will be held in person (with a remote option) on July 13 at City Hall at 5:00 p.m. She noted the items on the Council agenda which passed through the Committee and offered insight on future items to be discussed at Committee in August. Federal Way City Council Regular Minutes Page 3 of 7 July 6, 2021 Land Use/Transportation Committee (LUTC): Chair Baruso stated the next meeting will also be in person on Monday, July 12 at City Hall (with a remote option). He reported on items discussed at the Committee level. Finance, Economic Development Regional Affairs Committee (FEDRAC): No report. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson stated the next meeting will be remote via zoom and they are hopeful to have a quorum. Regional Committees Report (PIC): Councilmember Moore had no report. He thanked Councilmember Assefa-Dawson for attending the PIC meetings. Council President Report: Council President Honda noted the next FEDRAC meeting will be July 27 and will also be in person at City Hall. She provided information on the Council meeting schedule for August noting August 10 will be the only City Council Meeting. She also indicated the Council is discussing the potential for a Fall retreat. 4. PUBLIC COMMENT City Clerk read the rules of public comment into the record. Jacquelyn Cople expressed concerns regarding homelessness and drug use in the City. She questioned if the proposed Extended Stay shelter would have treatment requirements for those individuals wanting to move in. Carolvn Hoover believes the city has become accommodating to crime and would like the city to work with concerned citizens. Ken Blevens shared there is a group of concerned citizens who are spending hours cleaning up the city and would like cooperation with the city. Lori Sechrist spoke on behalf of the Save Weyerhaeuser Campus Organization asking specific questions regarding the Woodbridge Building B Project decision. Mayor Ferrell thanked Ms. Sechrist for sharing her concerns and asked Community Development Director Brian Davis to provide a response at the next regular meeting. Allison Fine encouraged Council to familiarize themselves with the policies of short-term rental companies in order to make the best policy decision. She also spoke in favor of a remote work policy for City Employees and allowing cannabis businesses in Federal Way as a way to increase revenue and alleviate the expense of police body cameras. Anna Patrick would like to see a way for citizens to be able to help with homelessness encampment cleanup around the city. She also proposed a campaign aimed to collect donations for non-profit organizations who provide services for mental health and addiction programs in lieu of money to pan -handlers. Email from Michael Kennish read by the City Clerk opposing the King County potential shelter discussed at the June 15 City Council Meeting. Federal Way City Council Regular Minutes Page 4 of 7 July 6, 2021 5. CONSENT AGENDA a. Minutes: June 15, 2021 Regular and Special Meeting Minutes b. Accounts Payable Vouchers 05/16/2021 — 06/15/2021 & Payroll Vouchers 05/01/2021 — 05/31 /2021 c. Monthly Financial Report — May 2021 d. Federal Way Performing Arts and Event Center Ticketing System RFP e. Summer Experience and Enrichment for Kids Grant f. Authorization to Enter into an Interlocal Agreement with King County for Use of Renton Decant Facility COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH F ON THE CONSENT AGENDA; 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 6. COUNCIL BUSINESS a. Hazard Pay for Grocery Workers Review and Sunsetting Discussion Communication and Government Affairs Coordinator Steve McNey provided information regarding the grant to reimburse certain grocery retailers for the cost of the hazard pay. He noted the hazard pay ordinance was written to have a sunset clause and as the COVID restrictions are being lifted state-wide, the Mayor's recommendation is to sunset the hazard pay requirement as of August 10. COUNCIL PRESIDENT HONDA MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE SUNSETTING HAZARD PAY FOR GROCERY WORKERS ON AUGUST 10, 2021; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The timeline and reimbursement deadlines for the retail stores was clarified by Director Ariwoola. 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 b. ADDED ITEM: Sound Transit Re -Alignment: Impacts to Tacoma Dome Link Extension Ryan Medlen, City Liaison to Sound Transit provided information regarding notification from Sound Transit of Realignment and the Tacoma Dome Link Extension (TDLE) and the option to send a letter from the Mayor and Council on the proposed changes. As background, Mr. Medlen stated in the Spring of 2020, Sound Transit determined the current schedule of capital projects was unaffordable, and by the end of 2020 they had put a placeholder of 5-year delay in their Transit Improvement Plan pending development of a "realignment" framework to resolve the budget issues. Federal Way City Council Regular Minutes Page 5 of 7 July 6, 2021 The Sound Transit board is currently deliberating and plans to adopt their realignment framework as early as this month which includes significant modifications to all of the proposed stations in the TDLE. Mr. Medlen explained the Tacoma Dome Link Extension (TDLE) which connects and includes a Federal Way station is proposed in the scenario as having a 2-year or less delay, with service opening in 2032. However, parking for the TDLE is identified as having a 10+ year delay. The Sound Transit Draft Environmental Impact Statement (DEIS) for the TDLE has not yet been published and parking has been a part of these stations to date. All open houses, and presentations where feedback was requested featured station concepts with garage and surface parking options. The Mayor and Council thanked Mr. Medlen for the presentation. He presented a draft letter to the Sound Transit Board documenting the City's objections to the proposed removal of parking from the Tacoma Dome Link Extension. COUNCIL PRESIDENT HONDA MOVED TO AUTHORIZE SENDING A LETTER FROM THE MAYOR AND COUNCIL TO THE SOUND TRANSIT BOARD AND CEO DOCUMENTING THE CITY'S OBJECTIONS TO THE PROPOSED REMOVAL OF PARKING FROM THE TACOMA DOME LINK EXTENSION; 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 7. ORDINANCES Second Reading/Enactment a. Council Bill #808/Repealing the Criminalization of the Possession of Drug Paraphernalia in Response to State Preemption on the Subje�tIAPPROVED ORDINANCE NO. 21-918 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 Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER CRAFT. 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 Council Bill #809/Repealing the Criminalization of the Possession of a Controlled Substance in Response to State Law Preempting the Subject/ APPROVED ORDINANCE NO. 21-919 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO CRIMINAL POSSESSION OF CONTROLLED SUBSTANCES. (REPEALING ORDINANCE 21-911) Federal Way City Council Regular Minutes Page 6 of 7 July 6, 2021 City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER CRAFT. 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 8. COUNCIL REPORTS Councilmember Assefa-Dawson expressed excitement for the next Council Meeting to take place at City Hall and in person. She noted it has been good to again see people's smiles and to connect again. Councilmember Greg Baruso agreed with Councilmember Assefa-Dawson and noted the Land Use/Transportation Committee meeting will be in person on July 12. He reflected on the need for people to treat one another with respect. Councilmember Craft expressed her sadness when she learned of the house fire on the Fourth of July. She also shared excitement for returning to in -person meetings. Councilmember Moore agreed with the continued need for kindness and respect. He commented that while politics and government can ignite people, we can also use it to come together to solve problems; he appreciates public comments and the role they play in this process. He shared he is looking forward to the return of the Red, White, and Blues Festival in 2022. Councilmember Kochmar announced the July 15 Neighborhood Connection/Town Hall meeting to be held at 6:30 p.m. at the Federal Way Community Center. She also announced the 65th Annual Salmon Bake for Kiwanis fundraising which will take place on July 23. Council President Honda clarified she read the anonymous letter from staff and wanted to be clear that Council does not direct staff and the Mayor makes decisions regarding day to day operations at City Hall. She shared her opinion regarding the decision issued on the Weyerhaeuser/IRG Property indicating she believes both it and the adjacent property that might become the Operations Maintenance Facility (OMF) for Sound Transit would not be the best outcome for those properties. 9. EXECUTIVE SESSION ' - - ' - -• ' -_--------- rila►lfrfe7aZM.-M TH 10.ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:57 p.m. Attest: t ph nie Courtney City Clerk Approved by Council % 'gU-LA Federal Way City Council Regular Minutes July 6, 2021 Page 7 of 7