Loading...
11-16-2021 Council Minutes - RegularCIT Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers November 16, 2021 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting 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. COUNCIL PRESIDENT HONDA MOVED TO AMEND THE AGENDA TO ADD "ACCEPTANCE OF GRANT FUNDS FOR SB5476 THERAPEUTIC COURT GRANT PROGRAM" TO COUNCIL BUSINESS AS ITEM 711); 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 COUNCILMEMBER MOORE MOVED TO AMEND THE AGENDA TO ADD A DISCUSSION TO COUNCIL BUSINESS AGENDA (7e) TO DIRECT STAFF TO PREPARE A ZONING ORDINANCE REGARDING MARIJUANA BUSINESS; COUNCILMEMBER BARUSO SECOND. The motion passed 4-3 as follows: Council President Honda no CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran no 3. PRESENTATIONS Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar no a. Recognition of Councilmember Baruso and Councilmember Craft Mayor Ferrell read and presented Certificates of Recognition to Councilmember Greg Baruso and Councilmember Leandra Craft. Council individually thanked both Federal Way City Council Regular Minutes Page 1 of 10 November 16, 2021 Councilmember Baruso and Councilmember Craft for their time and dedication and willingness to serve by filling vacant seats on the Council. Councilmembers Baruso and Craft both thanked the Mayor and Council for their kinds words and collaboration while working together for the community, noting it was an honor and a privilege. At 6:50 p.m. Mayor Ferrell announced the Council would take a brief recess to recognize and thank Councilmembers Baruso and Craft, noting there were individually wrapped treats for the community to take with them. Mayor Ferrell reconvened the regular meeting at 7:03 p.m. b. Mayor's Emerging Issues and Report COVi D-19 Repo Emergency Manager Ray Gross provided an updated COVID-19 report. He stated King County is still in a high rate of transmission with 83.5% of residents 12 and older vaccinated and Federal Way residents have a vaccination rate of 73.2%. He further reported on information pertaining to a COVID treatment pill seeking emergency authorization. Town Square Park Tree Lighting Mayor Ferrell announced the Tree Lighting Event at Town Square Park is scheduled for December 4. Parks Director John Hutton noted the event will begin at 4:00 pm with Mr. and Mrs. Claus arriving via a vintage fire truck. He looks forward to a great holiday event with the tree being lit around 5:00 p.m. Recent Community Events Mayor Ferrell attended the Communities in Schools Fundraiser Breakfast on November 15 which was held remotely via Zoom. December Meeting Reminder Mayor Ferrell reminded everyone there is only one Council meeting in December per Council Rules of Procedure. This meeting will be held on December 7. c. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar reported items on the committee will go to the next Council meeting on December 7 for final approval. The next committee meeting will. be January 11, 2022. Land Use/Transportation Committee (LUTC): Chair Baruso reported the committee meeting was held on November 1 and referenced the items on the agenda for final approval. The next committee meeting will be December 6 at 5:00 p.m. Finance, Economic Development, Regional Affairs Committee (FEDRAC): Chair Tran reported the next meeting is 5:00 p.m. on November 23 at City Hall. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson reported there was not a meeting in November and the next meeting is scheduled for December 8 at 10:00 a.m. Federal Way City Council Regular Minutes Page 2 of 10 November 16, 2021 Regional Committees Report (PIC): Councilmember Moore noted there was no PIC meeting this month. Council President Report: Council President Honda thanked all the volunteers in the community for their efforts and making Federal Way special for everyone. She noted Sound Transit will soon be deciding the South OMF will be sited and encouraged everyone to reach out to let them know the preferred site is the Midway Landfill location and not in Federal Way where it will impact business and community. She also noted a recent positive article on Cottage Housing in Federal Way. 4. PUBLIC COMMENT The City Clerk read the public comment rules in the record. Bob Drake referenced the pedestrian interference ordinance discussed at the November 3 City Council Meeting. He also requested the council revisit the clean-up of the Park and Ride located on 348tn Mayor Ferrell asked Parks Director John Hutton to provide an update on these items. Director Hutton noted Fishers Pond (7th Avenue SW and South 320th Street) was cleaned the day of the meeting and the Park-n-Ride will be cleaned up Friday by staff. Deputy Chief Neal also responded to the question on South 304th Street and Pacific Highway S (18th Ave South) where a huge cleanup is underway. Betty Taylor was visibly upset when addressing the recent murder of her grandson. She shared her feelings about her grandson's murder and the senseless acts of violence that must stop. Dara Mandeville questioned the commenting abilities within the Eyes on Federal Way application. She also requested an update on the Eastwind and New Horizon Motels and asked if Santa will be visiting neighborhoods again this year. Mayor Ferrell noted application users are always able to comment on the posts they submit in Eyes on Federal Way. Ken Blevens believes the City Council needs to have a strong desire to work for Federal Way and listen to what the residents say and want, rather than advocate for King County policies. Nancy Justice shared her opposition to vaccine mandates and feels Federal Way should follow what the City of Enumclaw's lead. Ms. Justice expressed safety concerns about the Park 16 apartments. Mayor Ferrell circled back to Dara Mandeville's concerns regarding the Eastwind and New Horizon Motels and provided feedback regarding safety concerns. Jenn Gallagher addressed safety in Federal Way and shared information about a robbery that took place at the Ulta store. Cynthia Ricks-Maccotan personally thanked Councilmembers Baruso and Craft for their service on the Council and for being responsive to the community. She also noted youth violence is up and is working to address youth violence in the community. Federal Way City Council Regular Minutes Page 3 of 10 November 16, 2021 Councilmember-Elect Jack Walsh believes violence is the number one issue the Council needs to address. Mr. Walsh also shared his disappointment that a pot shops discussion was added to the agenda, as this issue has twice been taken to the voters who said no. Councilmember-Elect Erica Norton expressed that the City's focus should be on decreasing violence and helping the businesses currently located in Federal Way, not adding pot shops. She looks forward to serving the citizens of Federal Way. David VanVieet spoke in disappointment and does not feel that HB 1220, recent policing laws, or allowing pot shops in the city is strategic and sound economic development for the city. Anna Patrick expressed frustration that after the issue of pot shops in the city was voted down twice by the voters it was added to the agenda. She remains concerned for safety in the city with regular shootings. Safety should be the discussion, not pot shops. 5. CONSENT AGENDA a. Minutes: November 3, 2021 Regular and Special Meeting Minutes b. 2021 Transportation Improvement Board (TIB) Complete Streets Grant Funding Application c. S 348th St NHS Preservation Project— Preliminary Design Phase Report d. Military Road S Preservation Project — Preliminary Design Phase Report e. Greenway Pavement Markings Phase 2 (2021) Project — Final Acceptance f. Resolution: Adopting a Work Plan and Public Participation Plan for Updating the Comprehensive Plan and Development Regulations, Pursuant to RCW 36.70A. 1 301APPRO VED RESOLUTION NO. 21-816 COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH F ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER BARUSO. 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 a. 2021-2022 Mid -Biennial Budget Adjustment continued from November 3, 2021 (as required by RC 35A.34) Finance Director Steve Groom briefly highlighted the original 2021-2022 Mid -Biennial Budget Adjustment presentation from the November 3 meeting. This amendment includes items previously approved, extends project spending forward from 2021 to 2022, and moving funds from savings to fund needs which were not known at the time of the original budget adoption. Director Groom other funds. He from the Council. Federal Way City Council Regular Minutes November 16, 2021 provided information on specific changes to the general fund and noted the record was left open for any public comment or questions Page 4 of 10 Public Comment: no comments were received. COUNCIL PRESIDENT HONDA MOVED TO CLOSE THE PUBLIC HEARING; 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 Councilmember Tran yes b. Program Year 2022 CDBG Annual Action Plan Mayor Ferrell opened the opened the public hearing at 7:58 p.m. Community Services Manager Sarah Bridgeford provided a presentation regarding the Program Year 2022 Community Development Block Grant (CDBG) Annual Action Plan. This is a program of the US Department of Housing and Urban Development (HUD) providing annual grants to jurisdictions to provide: decent housing, suitable living environments, and expanded economic opportunities primarlily for low- and moderate -income persons. All projects need to meet one of the CDBG National Objectives: 1. Benefit to low- and moderate -income persons 2. Elimination of slums and blight 3. Urgent Need Ms. Bridgeford also reported the Annual Action Plan is a summary of planned actions and activities demonstrating how funds will support the community in achieving goals and outcomes set in the Consolidated Plan (Con Plan). The 2022 Annual Action Plan is based upon the 2021 allocation of $779,935. Councilmember Moore left the Chambers at 8:03 p.m. She provided details on the proportion of CDBG Annual Allocation by category including Planning/Administration (20%/$155,000); Public Services (15%/ $115,000); and Community Economic Revitalization Funding (CERF) (65%/ $509,935). Following this public hearing the plan will be submitted to HUD with the King County Consortium. Public Comment: Cynthia Ricks-Maccotan: spoke as a Human Services Commissioner to thank the Council for hearing the presentation. She noted the Commission worked very hard and deliberated to provide the best possible recommendations to the Council to leverage the dollars available using the lens of equity and accessibility. She thanked staff for their work with the Commission. Council thanked Ms. Bridgeford, her staff and the Human Services Commission for all of their hard work and recommendations. COUNCILMEMBER KOCHMAR MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER CRAFT. The motion passed 6-0 as follows: Federal Way City Council Regular Minutes Page 5 of 10 November 16, 2021 Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore absent Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROGRAM YEAR 2022 CDBG ANNUAL ACTION PLAN WITH THE CONDITIONS RECOMMENDED BY THE HUMAN SERVICES COMMISSION AND AUTHORIZE THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT THE PLAN AND THE CORRESPONDING FUNDING AGREEMENTS WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-0 as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes 7. COUNCIL BUSINESS Councilmember Craft yes Councilmember Moore absent Councilmember Kochmar yes a. Proposed 2021 Collective Bargaining Agreement with Federal Way Police Support Services Association (PSSA) Human Resources Manager Vanessa Audett provided information on the proposed contract with the Federal Way Police Support Services Association. She noted this agreement for 2021 consists of cost of living adjustment (COLA) to equal what non - represented in the city received, which is 2% effective January 1, 2021 and 1% effective July 1, 2021. The total for the contract is $2.3M. Councilmember Moore returned to Chambers at 8:14 p.m. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED 2021 COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY POLICE SUPPORT SERVICES ASSOCIATION AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT; SECOND BY COUNCILMEMBER CRAFT. 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. Proposed Settlement in the Matter of Feliz-Bordonada v. Keiser Et Al. City Attorney Ryan Call provided information on this case where the plaintiff suffered severe injuries from and accident when a driver failed to obey a stop sign. The plaintiff alleged that the city is jointly and severally liable based on the design of the roadway. The parties reached the proposed settlement agreement in mediation. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED SETTLEMENT; SECOND BY COUNCILMEMBER BARUSO. 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 6 of 10 November 16, 2021 c. Proposed Settlement in the matter of Carol Williams v. City of Federal Way, et al City Attorney Ryan Call provided information on this trip -and -fall case where the plaintiff complained of injuries to her foot and knee. The parties attended mediation and the parties agreed to the proposed settlement. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED SETTLEMENT; SECOND BY COUNCILMEMBER KOCHMAR. 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 d. *ADDED ITEM* Acceptance of Grant Funds for SB5476 Therapeutic Court Grant Program Federal Way Municipal Court Judge David Larson thanked the Mayor and Council for amending the agenda for this item which is time sensitive. Judge Larson noted the Court applied for and received a grant of $271,776 out of monies appropriated by the legislature in SB 5476 and will be used in 2022 and 2023. The intended use of the funds will be to contract with Policy Research Associates Inc (PRA) for Sequential Intercept Mapping ($24,000) and Peer Washington for peer support ($247,776). The peer support program will be shared with the city of Des Moines, but Federal Way will administer the grant and contracts. The Mayor and Council thanked Judge Larson for the information and his leadership on this issue. Clarification questions were asked regarding the peer support program and how it will lead to more successful outcomes. COUNCIL PRESIDENT HONDA MOVED TO ACCEPT THE GRANT FUNDS FROM AOC AND AUTHORIZE THE COURT TO EXECUTE ANY CONTRACT RELATED TO ACCEPTANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. 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 e. *ADDED ITEM* Discussion to Direct Staff to Create a Zoning Ordinance Allowing Marijuana Stores in the City No discussion or action was taken on this item. 8. ORDINANCES First Reading: a. Council Bill #815 2021-2022 Mid -Biennial Budget Adjustment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2021-2022 BIENNIAL BUDGET. (AMENDING ORDINANCE NO. 20- 903 AND 21-916). Federal Way City Council Regular Minutes Page 7 of 10 November 16, 2021 Information on the budget amendment was provided at the public hearing earlier in the meeting. Public Comment — no public comments were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE DECEMBER 7, 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 #816 2022 Property Tax Lev AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2022. Finance Director Steve Groom provided a presentation on the 2022 Property Tax Levy. Property tax is levied and collected by King County on behalf of the city. The levy is completely formula -driven and subject to a 1 % cap on existing assessed valuation. Council thanked Mr. Groom for the information and asked clarifying questions. Public Comment — no public comments were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE DECEMBER 7, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER KOCHMAR. 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 c. Council Bill #817/ T-Mobile Wireless Franchise Agreement Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING T- MOBILE WEST CORPORATION'S NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, BY ADDING A NEW SITE TO THE LIST OF AUTHORIZED SITES. (AMENDING ORDINANCE NO. 15- 803) Public Works Development Services Manager Cole Elliott provided information specific to the proposed T-Mobile Wireless Franchise amendment. He noted T- Mobile was approved for a franchise in November 2015 to install wireless facilities within the city. This request would amend the exiting agreement to include an existing facility obtained through a merger. The existing franchise has a 10-year term, which will expire in November 2025. Public Comment — no public comments were received. Federal Way City Council Regular Minutes Page 8 of 10 November 16, 2021 City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER BARUSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE DECEMBER 7, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. 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 Second Reading/Enactment: d. Council Sill #8131Ordinance: Adontina 2021 Kina Countv Surface Water Design Manual (KCSWDMM) /APPROVED ORDINANCE NO. 21-922 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT REQUIREMENTS; AMENDING FWRC 16.20.010 AND 16.25.010 (AMENDING ORDINANCE NOS. 99-352, 09-630, 16-828). City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER BARUSO MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. 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 9. COUNCIL REPORTS Councilmember Kochmar asked for those celebrating Thanksgiving to think of those in need and purchase extra items to donate to the Multi -Service Center; there are many in need this holiday season. Councilmember Moore voiced his support for many of the amazing organizations in the community including Multi -Service Center, FUSION, and Communities in Schools. He encouraged the community to not only support these organizations but asked for the incoming Council to work to listen, and represent the entire community. Councilmember Craft thanked everyone who has been involved in local politics and even if they fell on opposite sides of issues, she hopes there has always been a feeling of mutual respect. She thanked the staff for the work they do and for being so welcoming. She encouraged clothing and food donations as the holiday and cold weather approaches including coats and socks. Councilmember Tran reported the local DSHS office on South 348th Street is now open to in - person service. He thanked Councilmembers Baruso and Craft for their willingness to serve and wish them both the best. He wished everyone a happy Thanksgiving. Councilmember Baruso wished everyone a happy Thanksgiving. He encouraged the community to get involved and volunteer on a Commission and help guide the city. He thanked everyone for Federal Way City Council Regular Minutes Page 9 of 10 November 16, 2021 the opportunity to serve the city in this capacity since March 2020 and asked the incoming Council to serve with compassion and listen. He thanked staff, his colleagues and the Mayor. Councilmember Assefa-Dawson reported on a conference she attended last week with Councilmember Kochmar and Council President Honda where many interesting topics were discussed by legislators from around the country. She noted in response to the item added to the agenda which was then not discussed (regarding marijuana retail), she is always open to having discussions and listening to input. She thanked Councilmember Baruso and Councilmember Craft for their service. Council President Honda reported on the conference of women legislators she attended last week. She noted one session of particular interest included a discussion by a Michigan Sheriff who has embedded social workers on the police force; he supported this practice however noted it was more expensive. She was pleased to hear our police officer who was shot a few weeks ago while on a jog in downtown Puyallup is home and recovering. She thanked Councilmember Baruso and Craft for their service and their willingness to participate in the appointment process. 10.ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:04 p.m. Attest: 17��- &A� S ha ie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 10 of 10 November 16, 2021