04-19-2022 Council Minutes - RegularCIT
VS�IAL
Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
City Hall — Council Chambers*
*remote attendance option available via zoom
April 19, 2022 — 6:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:40 p.m.
City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor
Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Hoang Tran,
Councilmember Jack Walsh, and Councilmember Jack Dovey. Councilmember Erica Norton
participated remotely via Zoom.
City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call and
City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. MAYOR'S EMERGING ISSUES AND REPORT
Mayor Ferrell announced the Federal Way National Little League Opening Ceremony would be
held Saturday, April 23rd at the Little League fields near the King County Aquatics Center
beginning at 9:00 a.m. He further reported Parks Appreciation Day on the same day at the
Blueberry Farm Park and West Hylebos Wetlands Park. Volunteers are asked help beautify the
parks between 9:00 a.m. to noon and come dressed for the weather.
He noted the African American/Black Community Quarterly Meeting had been moved to
Thursday, May 26 at 6:30 p.m. at City Hall
The Mayor also stated he is looking forward to the Federal Way Farmers Market Opening Day
on Saturday, May 7 at 9:00 a.m. in the south portion of the Common Mall parking lot.
4. PUBLIC COMMENT
Karen Brugato representing Arts Commission requested the Council allocate $25,000 in ARPA
funds to the Arts Commission for a juried art show and an Arts Explosion Festival in 2023.
Federal Way City Council Regular Minutes Page 1 of 9
April 19, 2022
Mark Piennett spoke in recognition of Arbor Day in April. He suggested the city become a Tree
City and provided information regarding the steps Auburn and Fife have taken. He would also
like to see a Craft Brewery opened in Federal Way.
Council President Kochmar asked Councilmember Walsh to discuss the city becoming a
Tree City at a Council Committee meeting. Mayor Ferrell stated he would have Policy
Advisor Bill Vadino look into this request.
Helen Kubik, Federal Way resident, provided information on the difference in home ownership
of condominiums versus a corporation owning an apartment complex. She believes apartments
leave residents at the mercy of rising rents and condos make homeownership a possibility.
Susan Strong Federal Way resident, thanked Stand Up Federal Way for the cleanup on April 6
which she reported covered 16-blocks of litter pickup. She thanked the nearly 20 people who
worked for four hours. She also thanked the bank for allowing the garbage to be staged in their
parking lot and to the city for picking up the trash collected.
Geoffrey Tancredi requested the city enact an ordinance that would limit people from sleeping
or laying in the bus shelters in the city. He feels individuals should not have the ability to obstruct
another person from the bus waiting area.
Denise Yun, referenced a discussion from the last Council meeting regarding methadone
clinics. She believes most people agree treatment facilities are needed. She would like the city
to add a staff person for outreach services and would like to see a count of how many homeless
and drug addicted individuals are currently living in the city.
Anna Patrick Federal Way resident, noted many homeless have come to Federal Way from
other areas, and she would like to see accountability built in to any shelter facility that is located
in the downtown, near schools and neighborhoods. She is concerned with the state of the Post
Office building, and would like to see if the property can be cleaned up. She has yet to receive
a response from King County regarding questions related to the RCP program.
Jane Sidlo commented on the proposed ordinance discussed at the committee meeting
regarding smoking fentanyl on buses and public spaces. She believes this ordinance should be
passed and enforced. She is also concerned with more apartments in the city, she would like
to see homeowners who will invest in the community. She was concerned with statements
made at the last City Council meeting by State Elected Officials in support of a mobile
methadone van.
Kevin Morris reported back on a Federal Way School Board meeting he attended. He believes
the School Board pushed the offer to meet jointly to 2023, yet noted there was a Board sub-
committee formed to discuss and review options for a joint meeting. He feels strongly the school
board should be meeting at city hall with televised regular meetings.
5. PRESENTATIONS
a. Update on Permanent Supportive Housing and Emergency Shelter in Federal Way
Community Services Manager Sarah Bridgeford provided an update on King County Health
Through Housing and the county emergency shelter project at the former Red Lion property.
She noted Afghan refugees are currently housed in the Extended Stay through April and
Federal Way City Council Regular Minutes Page 2 of 9
April 19, 2022
the Health Through Housing program is projected to open in the fall of 2022. She noted the
county has issued an RFP to a pre -qualified pool of providers in 2021 for the Federal Way
and Auburn locations to find providers which includes a requirement to follow a code of
conduct and good neighbor policy. Ms. Bridgeford provided an update to the alterations
currently underway at the former Red Lion Hotel; an opening date for this adult emergency
shelter is late 2022 or early 2023.
The Mayor and Council thanked Ms. Bridgeford for the information and asked multiple
clarifying questions. Ms. Bridgeford agreed to forward the county's RFP for the Health
Through Housing Properties to the Council for their review.
Additional questions were raised regarding the applicant pool of providers and how that list
was vetted, who is responsible for the rehab costs and ongoing funding of the Red Lion
hotel shelter, how are the occupants of the Health Through Housing are determined, and
what is the percentage of occupants will be from homeless Federal Way residents.
Questions were asked regarding Ukrainian resettlements. Ms. Bridgeford noted the city has
not yet been contacted for assistance; Councilmember Tran reported on his knowledge
through his position at the Federal Way location of DSHS where he sees 3-8 families a day.
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember
Walsh reported the Committee met on April 12 and discussed the items on tonight's consent
agenda; the next meeting is May 10. He encouraged participation in the Annual Parks
Appreciation Day from 9:00 a.m. to noon on Saturday, April 23 at the Blueberry Farm Park and
the West Hylebos Wetlands.
Land Use/Transportation Committee (LUTC): Councilmember Dovey noted the items on
tonight's agenda which were heard at the April committee meeting. He referenced a petition
received regarding 376th and 19th street which he will be reviewing. The next committee meeting
will be May 2 in Council Chambers.
Finance, Economic Development Regional Affairs Committee (FEDRAC): Councilmember
Tran reported the next committee meeting will be Tuesday, April 26 in Council Chambers.
Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson reported LTAC
has yet to meet and is still looking to fill vacancies in order to meet quorum. She also noted the
Economic Development Manager position is open and inquired as to the process and timeline.
Mayor Ferrell reported staff will be reaching out to the community and Councilmembers
regarding the process. Councilmember Assefa-Dawson requested Mike Dunwidde,
King County Aquatics Center and the Federal Way Chamber be included in the review
process.
Deputy Mayor & Regional Committees Report: Deputy Mayor Honda reported the annual
AWC Conference will be held in Vancouver this year with registration opening on April 27. She
reported on her attendance at multiple regional meetings including South County Area
Transportation Board (SCATBd). She thanked Councilmember Assefa-Dawson for attending
the PIC meeting, and noted she was pleased to be appointed to the AWC Large -Cities Advisory
Committee. She also reported on the proposals received for the TC3 (Town Center 3/former
Federal Way City Council Regular Minutes Page 3 of 9
April 19, 2022
Target property) site; and noted the Council will create a sub -committee to work on and prioritize
ARPA recommendations.
Council President Report: Council President Kochmar also reported on the TC3 meeting with
staff to hear the six consultants present their proposals for the city -owned former Target
property (TC3). She provided some of the general ideas and themes they were presented with
and is very pleased with the proposals. She would like to see more night -life downtown, retail
and housing. She noted it was stated housing is important as it creates more "eyes" and helps
with crime in dense urban areas. She anticipates future public participation as this process
moves forward.
7. CONSENT AGENDA
a. Minutes: April 5, 2022 Regular and Special Meeting Minutes; February 26, 2022
Council Retreat/Special Meeting Summary Meeting
b. SW 320th Street Preservation - Project Acceptance
c. SW 356th Street Preservation - Project Acceptance
d. Final Acceptance - Steel Lake Maintenance Building Repair
e. Northwest Thermal Hydronics, LLC Retainage Release
f. Amendment No 2 to the Pierce Transit Extra Duty Police Services Agreement
g. Acceptance of Washington Association of Sheriffs and Police Chiefs Officer Wellness
Program Grant Funds
h. Agreement between the Washington Traffic Safety Commission (WTSC) and the
Federal Way Police Department to Provide Grant Funding for Traffic Enforcement
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF CONSENT AGENDA ITEMS A-H
AS PRESENTED; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously
as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
Councilmember Assefa-Dawson yes Councilmemberpovey yes
Councilmember Norton yes
8. COUNCIL BUSINESS
Councilmember Walsh noted due to the length of interviews the Council did not have time to
fully discuss. He proposed to postpone the three Commissions with multiple applicants to the
next regular meeting.
COUNCILMEMBER WALSH MOVED TO EXTEND ITEMS A, B, AND C TO THE NEXT COUNCIL
MEETING; SECOND BY DEPUTY MAYOR HONDA. The motion passed unanimously as follows:
Council President Kochmar yes
Deputy Mayor Honda yes
CouncilmemberAssefa-Dawson yes
Councilmember Norton yes
Councilmember Tran yes
Councilmember Walsh yes
Councilmember Dovey yes
a.Park and Rnnreatinn Commission 4nnnintmnntc postponed to May 3, 2022 meeting
Federal Way City Council Regular Minutes
April 19, 2022
Page 4 of 9
b. Diversity Gernmission ppointm Rts postponed to May 3, 2022 meeting
G. uu rnan SeNiGes Commission ppoin+mon+ postponed to May 3, 2022 meeting
Councilmembers discussed the vacancies with only one applicant. Lodging Tax Advisory
Committee applicant is a reappointment and the Historic Landmark Committee received one
applicant for one position who would attend a King County meeting on behalf of any application
filed for Historic designation in Federal Way.
d. Lodging Tax Advisory Committee Appointment
COUNCILMEMBER ASSEFA-DAWSON MOVED TO APPOINT MADALENA MILLER AS A
VOTING MEMBER OF THE LODGING TAX ADVISORY COMMITTEE WITH A TERM TO
EXPIRE OCTOBER 31, 2023; SECOND BY COUNCILMEMBER DOVEY. The motion passed
unanimously as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
Councilmember Assefa-Dawson yes Councilmemberpovey yes
Councilmember Norton yes
e. Historic Landmarks Commission Appointment
COUNCILMEMBER DOVEY MOVED TO APPOINT MARIA SCIACQUA AS A VOTING MEMBER
OF THE HISTORIC LANDMARK COMMISSION WITH A TERM TO EXPIRE NOVEMBER 30,
2023; SECOND BY DEPUTY MAYOR HONDA. The motion passed unanimously as follows:
Council President Kochmar yes
Deputy Mayor Honda yes
CouncilmemberAssefa-Dawson yes
Councilmember Norton yes
9. ORDINANCES
Councilmember Tran yes
Councilmember Walsh yes
Councilmember Dovey yes
First Reading
a. Council Bill #821/Reckless Use of Fentanyl in Public Spaces
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING
TO PUBLIC EXPOSURE TO FENTANYL SMOKE AND ADDING NEW SECTION
TO CHAPTER 6.35 FWRC.
Assistant City Attorney Joanna Eide presented the proposed ordinance which would
create a gross misdemeanor offense, punishable by up to 364 days in jail, a $5,000
fine, or combination of both for intentionally combusting or exhaling the smoke of a
substance the person knew or reasonably should know contains, or is contaminated
with fentanyl. The substance smoked must be confirmed to contain fentanyl by
testing and the substance is smoked in a public place within 10 feet of another
person, or in an enclosed public space with another person.
She cautioned depending on a person's size, tolerance and usage, 2mg of fentanyl,
or an amount about the same size as 5 grains of salt, can be fatal.
Ms. Eide noted the ordinance is based on a legal theory similar to reckless
endangerment state law. Using fentanyl in a way that results in second-hand
exposure to the public is such a high -risk activity, that no reasonable person would
Federal Way City Council Regular Minutes Page 5 of 9
April 19, 2022
do it.
Councilmembers thanked Ms. Eide for the presentation and information. Clarifying
questions were asked about the actual ability to enforce this law, the term
"knowingly"; and the report made at Council Committee that the state crime lab
backlog on drug testing could be up to one-year. Concerns included officer safety;
and the desire to get people into treatment.
Ms. Eide and Deputy Chief Kyle Sumpter responded to multiple concerns including
the burden of proving knowledge, enforcement, and the timeline for testing. After a
lengthy discussion, it was suggested to broaden the language in the ordinance by
not specifying one specific lab.
Public Comment: No public comments were received.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER WALSH MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
MAY 3, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT WITH THE
AMENDMENT THAT IT BE TESTED IN A "TOXICOLGY LAB"; SECOND BY DEPUTY MAYOR
HONDA. The motion passed unanimously as follows:
Council President Kochmar yes
Deputy Mayor Honda yes
CouncilmemberAssefa-Dawson yes
Councilmember Norton yes
Councilmember Tran yes
Councilmember Walsh yes
Councilmember Dovey yes
b. Council Bill #822/ 2021 Various Code Amendments & Code Cleanup
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
VARIOUS AMENDMENTS TO TITLES 2 (GOVERNMENT), 14 (ENVIRONMENTAL
POLICY), 18 (SUBDIVISIONS) AND 19 (ZONING AND DEVELOPMENT); AMENDING
FWRC 14.10.040, 14.15.030, 18.10.010, 19.05.010, 19.05.040, 19.05.060, 19.05.130,
19.05.190, 19.55.010, 19.60.010, 19.65.010, 19.70.010, 19.70.100, 19.70.120,
19.80.050, 19.80.080, 19.80.170, 19.115.090, 19.125.060, 19.125.130, 19.195.180,
19.200.180, 19.260.055, 19.260.060, 19.265.010, 19.265.020; AND REPEALING
FWRC 18.45.060. (AMENDING ORDINANCE NOS. 90-40, 90-41, 90-43, 90-631, 92-
133, 93-170, 95-245, 96-270, 96-271, 97-291, 99-333, 99-337, 00-375, 01-381, 01-382,
02-424, 02-426, 03-443, 04-468, 05-506, 06-515, 07-545, 07-554, 07-559, 07-573, 08-
585, 09-593, 09-604, 09-605, 09-594, 09-610, 09-631, 10-651,10-669, 10-678, 11-681,
11-700, 12-713, 13-754, 14-760, 14-778, 15-797, 15-804, 17-834, 18-850, 18-852, 18-
844, 20-898, AND 21-921. )
Planning Manager Keith Niven presented details regarding a code amendments to
Titles 14 (Environmental Policy), Title 18 (Subdivisions), and Title 19 (Zoning and
Development) to improve clarity, improve permitting efficiencies, make the Federal
Way Revised Code more consistent with recent changes in state law; modify the
SEPA flexible thresholds, and add a provision for electrified fencing in portions of
the Commercial Enterprise (CE) zone.
Mr. Niven noted after a discussion at the Land Use Transportation Committee, the
final plat approval and plat alterations were put under a separate ordinance, which
will follow this presentation. He briefed the Council on the ten (10) areas which would
be amended with this ordinance which include:
Federal Way City Council Regular Minutes Page 6 of 9
April 19, 2022
• SEPA Noticing
• Comprehensive Plan docket process and noticing
• Housekeeping items
• Electrified fencing
• Accessory Dwelling Unit (ADU) parking
• Height for accessory structures
• ADU Definition clarification
• SEPA Flexible exemptions
• Unrelated persons
• Boundary Line Adjustment
Council thanked Mr. Niven for the presentation.
Public Comment: No public comment received.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
MAY 3, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY
COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows:
Council President Kochmar yes
Deputy Mayor Honda yes
CouncilmemberAssefa-Dawson yes
Councilmember Norton yes
Councilmember Tran yes
Councilmember Walsh yes
Councilmember Dovey yes
c. Council Bill #823/Modifications to Title 18, Subdivisions
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING
TO CODE AMENDMENTS TO TITLE 18 (SUBDIVISIONS); AMENDING FWRC
18.40.050, 18.45.040, 18.45.050, AND 18.45.070. (AMENDING ORDINANCE NOS.
07-554, 97-291, 93-191, AND 90-41)
Planning Manager Keith Niven provided background on these issues which were
originally included with the previous draft ordinance. He noted after Council
feedback was received at the Committee meeting, these were pulled into a separate
ordinance for consideration. Mr. Niven noted this amendment is related to the final
plat approval and plat modification which will improve the efficiency of the permit
process. The proposed ordinance would change final plat approval to the
Community Development Director and Plat Alterations would be approved by the
Hearing Examiner.
Councilmembers thanked Mr. Niven for the presentation and after further research
and consideration following the Committee, Council supported this amendment
which would save staff time and overall permit time.
Public Comment: No public comment was received.
City Clerk Stephanie Courtney read the ordinance title into the record.
Federal Way City Council Regular Minutes Page 7 of 9
April 19, 2022
COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
MAY 3, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY
COUNCILMEMBER WALSH. The motion passed unanimously as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
Councilmember Assefa-Dawson yes Councilmemberpovey yes
Councilmember Norton yes
10. COUNCIL REPORTS
Councilmember Dovey reported on a local prayer meeting he attended in Federal Way. He
noted this movement started in 1935 in Seattle and has expanded over the years with groups
advocating getting together to pray for ity leaders.
Councilmember Walsh also reported on attending the prayer breakfast. He attended a Sikh
Celebration at Khalsa Gurmat Center last Sunday following Easter service. He was pleased to
be invited to the Center for this interesting and insightful celebration; he noted the Center is a
great asset to our diverse community. He is hopeful to see many come to help the Parks
Appreciation Day efforts this Saturday 9:00 a.m. to noon, rain or shine.
Councilmember Tran had no report but noted he would be attending the Parks Appreciation
Day.
Councilmember Norton had no report.
Councilmember Assefa-Dawson noted April is Financial Capability Month and she has attended
many webinars this month dealing with managing debt, strengthening families and supporting
homeownership. She supports programs which assist individuals and families with creating
pathways to becoming homeowners with credit repair or down payment assistance.
Deputy Mayor Honda noted this month is also Volunteer Appreciation Month and she thanked
everyone who applied and interviewed tonight and those already serving on the city volunteer
Committees and Commissions. She specifically thanked the grass -roots community group
"Save Weyerhaeuser Campus" volunteers who have been working since 2015/2016 when
Weyerhaeuser left the community and their 440-acre property was sold to a development
company. She also thanked volunteers who worked to save Camp Kilworth which was recently
purchased by YMCA and Forterra for conservation and outdoor learning. She appreciates all
of the groups who put energy into the city.
Council President Kochmar spoke regarding Camp Kilworth and also referenced a recent email
from Federal Way School Board President Eto, who agreed to discuss the request for a joint
meeting of the School Board and City Council in 2023. She noted she will follow up with him
and report back on progress.
11. EXECUTIVE SESSION
canceled/not needed
Federal Way City Council Regular Minutes Page 8 of 9
April 19, 2022
if#_19aLd11:IkiIMl21`►t1
There being nothing further on the agenda; the regular meeting was adjourned at 9:18 p.m.
Attest:
- �� (�A
S hanie Courtney, CMC
City Clerk
Approved by Council 05 03'202Z
Federal Way City Council Regular Minutes Page 9 of 9
April 19, 2022