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05-03-2022 Council Minutes - Regular,.� FCITY ecleral Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* *remote attendance option available via zoom May 3, 2022 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:31 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 ® Report on Community Events Mayor Ferrell reported on the Federal Way National Little League Opening Day on and Parks Appreciation Day which both took place on Saturday, April 23. He thanked the many volunteers who helped beautify the West Hylebos Park and the Blueberry Farm Park. He was pleased to noted Dick's Drive -In has announced they will be opening their 9tn location in Federal Way; which is great news for the city and the downtown area. G Upcoming Events Mayor Ferrell reported on upcoming events in the community including the Thomas Jefferson High School ribbon cutting on Wednesday, May 11 at 5:00 p.m. and the HUB - Federal Way Higher Education Center Grand Opening on Friday, May 13 at 10:00 a.m. Parks Director John Hutton provided information on the upcoming Annual Touch -a -Truck event on May 14 at the Performing Arts and Event Center beginning at 11:00 a.m. He also noted there will be a sensory -free hour at the beginning of the event for children who are sensitive to loud horns and noises. He thanked the many partners including the Federal Way City Council Regular Minutes Page 1 of 9 May 3, 2022 Police Department, Public Works Department, FW Public Schools, Waste Management, the Military, South King Fire and Rescue, Lakehaven Utility District, and many other local businesses who support this family event. Mayor Ferrell noted the next African American/Black Community Quarterly meeting will be held at City Hall in Council Chambers on Thursday, May 26 at 6:30 p.m. He also noted the Federal Way Farmers Market Opening Day will be this Saturday, May 7 at 9:00 a.m. in the south parking lot at the Commons Mall. • Report on John N. Conna Trail Proposal Interim City Administrator Brian Davis noted the city had discussed a naming opportunity and after recent discussions with Ms. Barnett, a direct descendant of John Conna, the process will be widened to include public and city Commission input. He stated this discussion will start at the Parks Council Committee where public comments are welcome. Mr. Davis also the city is reviewing the policies of other cities and their process for honorary process, as provided by Ms. Barnett. Deputy Mayor Honda inquired to the process of naming a school and if staff might reach out to the school district for their process. 4. PUBLIC COMMENT Ken Blevens thanked those who attended a fundraising dinner and auction for the non-profit organization Stand -Up Federal Way. He noted the efforts are to work on the drug addicted homeless community and last weekend the group spent hours cleaning up Pacific Highway. He thanked the city for picking up and disposing of the more than 30 bags of garbage picked up. He would like to see the city be vigilant about maintaining encampments which have been cleared and cleaned up. Paul Morcos spoke in opposition to the proposed ordinance regarding fentanyl in public places. He prefers a rehabilitative approach to arresting people. Geoffrey Tancredi thanked Stand -Up Federal Way group for the great clean-up work they did last weekend. He inquired as to the status of multiple businesses he believed to be locating in Federal Way including Kenworth, Smith Brothers and All City Fence. Mayor Ferrell and City Administrator Brian Davis provided an update on the new businesses mentioned, noting they are all in process. Gordon Ericksen, resident for 26 years, spoke in opposition to a rezone on South 304th Street. As he believes it will cause increased traffic issues in his neighborhood, he requested a traffic study. Mark Greene, resident, is concerned there are scientific studies being conducted on dead fetuses at the University of Washington. He requested Federal Way and the state legislature to ban this practice along with torturing animals in the name of science. Vivian Alexander, resident, spoke in opposition to Council Bill #821 related to public exposure of fentanyl. She would like to see further research conducted. Larry A Menzel spoke in opposition to rezoning a property on South 304th Street and 161h Federal Way City Council Regular Minutes Page 2 of 9 May 3, 2022 Avenue South. He does not believe the road can support more road traffic and requested both a traffic study and crime report for that area. Trenise Rogers, resident, spoke regarding the proposed recognition of Mr. John Conna. She referenced a conversation with Parks Director John Hutton and is pleased to hear the city has pivoted and will be starting this process with public input and the Conna family direct descendants' input. She looks forward to the process and congratulated Mr. Hutton on his 30- years of service with the city. Shawn McEneany spoke in opposition to the rezone request on South 304th Street which borders his property. Ann Blevens spoke in opposition to rezoning a green belt to allow for more apartment complexes. She asked Council to oppose this request. Mayor Ferrell asked Interim City Administrator Brian Davis contact individuals who spoke on the South 304th Street rezone request, as this request is not on the current agenda. Virtual comments: Maisha Barnett, great grand -daughter of John and Mary Conna, spoke in opposition to a proposal to rename a park trail after her ancestors. She asked that any proposal of recognition of her family include the descendants and public input. She looks forward to the process and working with the city and the community for an inclusive process. Ghanya Thomas, decent of John and May Conna, rejects the proposal to rename a trail after the Conna family. She asked to consider this proposal with the inclusion of the black community, the city's Diversity Commission, direct descendants, and the public to honor one of the first African American families in this area. Anthony Jenkins, resident of Grande Vista Estates in Federal Way, spoke in concern over a code compliance issue and ongoing neighbor concern. He asked for assistance in mitigating this issue regarding installation of a HVAC unit. Written comments received from Thea Oliphant Wells, Tirzah Idahosa and Felica Hudson were forwarded prior to the meeting to the Mayor and City Council; written comments were also uploaded to the city website. 5. PRESENTATIONS a. Proclamation: Childcare Provider Appreciation Day — May 6 Councilmember Tran read and presented the proclamation to Mercy Naw, Federal Way resident, who thanked the Mayor and Council for this recognition of teachers and childcare providers who have worked to support children and their families throughout this pandemic. b. Proclamation: Asian American and Pacific Islander Heritage Month — May 2022 Councilmember Norton read the proclamation and Deputy Mayor Honda presented the proclamation to Vice -President of the Peleese Siva Foundation Anoimalo Maui'a and Belina Byars. Ms. Maui'a thanked the Council and continues to work hard for the community. Federal Way City Council Regular Minutes Page 3 of 9 May 3, 2022 c. Proclamation: Older Americans Month — May 2022 Deputy Mayor Honda read and presented the proclamation to the Senior Advisory Commission members in attendance. Vice Chair Lana Bostic and the members of the Commission thanked the Council for their support and recognition of the senior community. d. Senior Advisory Commission Report Vice Chair Lana Bostic introduced the Commissioners who were present and provided a brief update on the projects the Commission is working. Their work has included a resource and service brochure available at City Hall and other locations throughout the city. She also noted they are planning a Senior Health and Resource fair for 2023 and thanked those who are working on supporting this event. Commissioner Catherine North and Commission Frank Fields also addressed the Council and shared this commission is of great benefit to the seniors and the community. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh expressed appreciation for the great attendance at Parks Appreciation Day; he reported the next Committee meeting will be May 10 at 5:00 p.m. in Council Chambers. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported the next meeting of the commission will be June 6 at 5:00 p.m. in Council Chambers. He thanked the six individuals who spoke about the potential rezone and appreciates that people come forward to voice their opinions. Finance, Economic Development Regional Affairs Committee (FEDRAC): Councilmember Tran reported the next committee meeting is May 24. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson reported there is no meeting currently scheduled. She is hoping to have a quorum in June. Deputy Mayor & Regional Committees Report: Deputy Mayor Honda congratulated Deanna Dawson who was announced as the first female CEO of AWC. She encouraged seniors and low-income families look into the Utility Tax Rebate Program through the city; the application period closes in May. The rebate can refund the tax portion of utilities for qualifying residents. She will be attending the SCA legislative de -briefing Friday, May 6 to discuss opportunities to partner in the future. Council President Report: Council President Kochmar also promoted the Utility Tax Rebate Program. She noted Mother's Day is Sunday and she asked everyone to reach out to those who no longer have a mother or who have lost a child to offer support. 7. CONSENT AGENDA a. April 19, 2022 Regular and Special Meeting Minutes b. Monthly Financial Report — March 2022 c. AP Vouchers 03/16/2022 — 04/15/2022 & Payroll Vouchers 03/01 /2022 — 03/31 /2022 d. Purchase of Concrete Mixer Drum Federal Way City Council Regular Minutes Page 4 of 9 May 3, 2022 e. Purchase of Parcel 2421039114 from King County Property Services Division for unopened Right of Way f. Prosecution Case Management Agreement with Karpel Solutions g. Proposed MOU Related to Structured Settlement of All Local Government Opioid Damages Claims h. Washington Learning Source — Interlocal Cooperative Purchasing Agreement Broadband Planning Study RFP Consultant Selection j. Additional Full -Time Community Development Office Tech 2 Position k. Interlocal Agreement to Share Peer Services with Des Moines Municipal Court COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH K ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. 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 a. Parks and Recreation Commission Appointments Council President Kochmar noted she would abstain from voting as she did not attend the interviews. COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION: ARIEL PAULL TO VOTING POSITION #4 EXPIRING ON APRIL 30, 2025; DAVID BERGER TO VOTING POSITION #2 EXPIRING ON APRIL 30, 2025; SABRINA LEHMAN TO VOTING POSITION #1 EXPIRING ON APRIL 30, 2024; AND KAREN BRUGATO TO VOTING POSITION #7 EXPIRING ON APRIL 30, 2023; SECOND BY COUNCILMEMBER HONDA. The motion passed 6-0 as follows Council President Kochmar abstain Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes b. Diversity Commission Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE DIVERSITY COMMISSION: GIN HOOKS TO VOTING POSITION #2 EXPIRING ON MAY 31, 2025; TRENISE ROGERS TO VOTING POSITION #6 EXPIRING ON MAY 31, 2025; AND TIRZAH IDAHOSA TO VOTING POSITION #3 EXPIRING ON MAY 31, 2024; SECOND BY COUNCILMEMBER DOVEY Federal Way City Council Regular Minutes Page 5 of 9 May 3, 2022 The motion passed 6-0 as follows - Council President Kochmar abstain Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes c. Human Services Commission Appointments Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING REAPPOINTMENT TO THE HUMAN SERVICES COMMISSION: GRACE SSEBUGWAO TO AN ALTERNATE POSITION EXPIRING ON JANUARY 31, 2025; SECOND BY DEPUTY MAYOR HONDA. COUNCILMEMBER DOVEY MOVED TO AMEND THE MOTION TO ADD THE APPOINTMENT OF DENISE YUN TO AN ALTERNATE POSITION THROUGH JANUARY 31, 2023. Councilmember Tran recused himself from this vote as he did not participate in the Human Services Commission interviews. Council President Kochmar restated she is also abstaining as she also did not participate in this process. Mayor Ferrell called for a second to the amendment. Hearing no second, the amendment died. The main motion passed 5-0 as follows: Council President Kochmar abstain Councilmember Tran recuse Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes d. WA State Historical Society Heritage Capital Projects Grant Parks Director John Hutton presented on an opportunity from the Washington State Historical Society Heritage Capital Project Grant to support the Brooklake Community Center Project. He noted the purpose of the grant program is to provide public access to history and support the capital needs of facilities and organizations that preserve and interpret Washington's history and heritage. Mr. Hutton reported on the two-phase preservation and restoration project for Brooklake Community Center. Phase I includes a structural assessment and design study; develop a plan to determine the resource requirements and potential scope of work needed for Phase 11. Phase 11 would be the preservation and restoration of the Brooklake Community Center for ongoing public use. He addressed questions from the Council regarding the current state of the building and the required match for this grant. Mayor Ferrell also provided more information on the property and the transfer of ownership to the city. COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE STAFF TO APPLY GRANT FOR THE GRANT AS PROPOSED; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 6 of 9 May 3, 2022 Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes 9. ORDINANCES Second Reading/Enactment a. Council Bill #821/Reckless Use of Fentanyi in Public Spaces APPROVED ORDINANCE NUMBER 22-931 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. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER DOVEY. Council discussed this ordinance and asked clarifying questions including the different between the current laws prohibiting smoking on a bus. City Attorney Call noted smoking is an infraction, not a citation; the idea is to provide the police the opportunity to immediately stop the reckless act. Councilmember Assefa-Dawson raised concerns this would be targeting a venerable population and would like to have assurance that offering rehabilitation services would be including in this process. Questions were also raised about jurisdiction of neighboring cities and bus lines. While this ordinance references public transportation, it also encompasses other public spaces. Additional Councilmembers voiced support of this ordinance to address a public health issue aiming to protect the innocent individuals in public places, from exposure to a very dangerous drug. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes b. Council Bill #822/ 2021 Various Code Amendments & Code Cleanup/APPROVED ORDINANCE NUMBER 22-932 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, Federal Way City Council Regular Minutes Page 7 of 9 May 3, 2022 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.) Interim City Administrator Brian Davis provided a slight update to both Council Bill #822 and Council Bill #823. He noted the effective date was incorrectly noted at first reading and is 30 days after passage and publication; which is the city standard for most ordinances. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. Councilmember Dovey thanked staff for the presentations on these very technical and complicated items. He believes these modifications are a good step for updating the processes. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes c. Council Bill #823/Modifications to Title 18. Subdivisions/APPROVED ORDINANCE NUMBER 22-933 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) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 10. COUNCIL REPORTS Councilmember Assefa-Dawson she appreciates the opportunity to share her concerns during discussions. She reported this week is Give Big Week for non -profits; she suggested those who can, reach out and give. She reported two scary instances in the last week regarding her sons safety and she is thankful he is safe; she encouraged everyone to reach out to those in their lives and have no regrets. Councilmember Norton spoke from Florida and wished everyone a happy Mother's Day. She shared she unfortunately lost her mother at a young age and is grateful for the years she had with her mother and her mother-in-law. Councilmember Tran offered condolences to Councilmember Norton and wished everyone a happy Mother's Day. Federal Way City Council Regular Minutes Page 8 of 9 May 3, 2022 Councilmember Walsh recognized Childcare Providers for all they do. He noted he lost his mother at the age of 103 and no matter the age, it is a hard loss; he truly appreciates mothers and especially his wife, the mother of his children. He is thankful for the civil discussions the Council has on issues even when they do not all agree. He also thanked the community for their input. Councilmember Dovey shared a story of his son signing up for recreation softball and being coached by young John Hutton; he thanked and congratulated the now Parks Director for his thirty years of service to this community. He highlighted the Utility Tax Rebate information can be found in the Senior Commission resource guide on page 40; he encouraged the community to look into this rebate program. He would like to see a discussion on ARPA funds and how they could be used to support childcare in the community. Deputy Mayor Honda reported on speaking to the Federal Way Historical Society and requested the Conna Family connect with the non-profit organization to share the history of the family for others to learn. She noted often times Federal Way history is difficult to find, as there is not actual historical downtown. She thanked Dick's Drive -In for choosing the locate in Federal Way. She requested an update on the former Weyerhaeuser property and what the public can expect to see as the property begins to be developed. Council President Kochmar encouraged the community to attend the opening day of the Federal Way Farmers Market on Saturday, May 7 in the Commons Mall parking lot. 11. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:45 p.m. Attest: GU,IGt,C/ � Step a ie Courtney, CMC City Clerk Approved by Council 061171o99— Federal Way City Council Regular Minutes Page 9 of 9 May 3, 2022