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Home My WebLink About02-15-2022 Council Minutes - RegularCIT .� Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* *remote attendance option available via zoom February 15, 2022 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. 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. PRESENTATIONS a. Certificates of Appointment — Human Services Commission Councilmember Walsh read the Certificates of Appointment and congratulated the newly reappointed members of the Human Services Commission. b. Certificate of Appointment — Planning Commission Councilmember Dovey read the Certificate of Appointment and congratulated the new alternate member of the Planning Commission. c. Certificate of Appointment — Independent Salary Commission Council President Kochmar read the Certificate of Appointment and congratulated the new member of the Independent Salary Commission. d. Certificate Mayor's Emerging Issues and Report Mayor Ferrell announced the State of the City Address will be Thursday, February 24 at 6:00 p.m. and can be viewed on the city's YouTube Channel (FWYouTube) or through the government access channel 21 via Comcast. He also noted the Council would be holding Federal Way City Council Regular Minutes Page 1 of 8 February 15, 2022 the Annual Retreat on Saturday, February 26 beginning at 8:30 a.m. at City Hall. The Mayor was pleased to announce the temporary appointment of Interim City Administrator Brian Davis. He congratulated Mr. Davis who was recently a final City Manager candidate for another local jurisdiction. Mr. Davis thanked the Mayor and Council for the opportunity of this new role while also maintaining his current position of Community Development Director. e. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh reported the next meeting will be Tuesday, March 8 in Council Chambers. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported the next meeting will be Monday, March 2 in Council Chambers. Finance, Economic Development Regional Affairs Committee (FEDRAC): Councilmember Tran reported the next meeting will be Tuesday, February 22 via Zoom. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson had no report and noted the Committee is currently working on recruiting for vacant positions. Deputy Mayor and Regional Committees Report: Deputy Mayor Honda reported on her attendance at various regional meetings including the Public Issues Committee (PIC) and South County Area Transportation Board Meeting where regional transportation planning was discussed. She welcomed the new City Council Executive Assistant to the city and reminded everyone the Council Retreat will be held at City Hall on Saturday, February 26 beginning at 8:30 a.m. Council President Report: Council President Kochmar encouraged residents to watch the Council Retreat on February 26 via FWTV Channel 21 or FWYoutube Channel; the agenda is full with many items to be discussed. She reported the Multi -Service Center needs volunteers. She acknowledged the increase in crime and feels the city and retailers are working together; she asked for concerned residents to contact Council. 4. PUBLIC COMMENT Craig Patrick shared details about the upcoming Irish Flag raising taking place at City Hall March 17 in honor of Saint Patrick's Day, inviting all to attend. He would like to see similar events for other cultures represented in the city. Jim Grayson shared his personal highlights and appreciation of the City of Federal Way including the Police Department, parks, city events, library system, tourist attractions, and restaurants in the area. He believes there are many attributes of Federal Way to be proud of and would like to see residents work together. Debbie Peterson asked Council to prioritize the use of ARPA funds for those who are unable to speak for themselves, including babies and families in Federal Way, Helen Kubik spoke regarding the downtown revitalization discussions. She proposed the City consider building high rise condos in downtown Federal Way, including retail and restaurants Federal Way City Council Regular Minutes Page 2 of 8 February 15, 2022 on the bottom floor where people would be able to work and live downtown. Ken Blevens noted his continued concern for the increased crime. He would like to see the newly -elected Council continue to fight to make sure Federal Way comes first and is not at the will of King County policies. He would like a crime update and also suggested criminalizing stolen shopping carts. Mayor Ferrell asked Chief Hwang to provide a crime update at the next Council meeting. Geoffrey Tancredi shared his concerns regarding the Federal Way School District; he proposes a robust expansion of Jr. ROTC program. Mr. Tancredi also feels the school district is failing the young people and encouraged parents to look at other options including establishing Charter Schools. Nancy Justice expressed concern regarding redevelopment of the old Bally's property. She received a notice in the mail that indicated building may be occurring there and requested more information on the plan for that area. Dara Mandeville spoke about the People's Harm Reduction Alliance, which provides needles and other items to drug users. She raised awareness that they are continuing to operate in Federal Way and offer products such as meth pipes and heroin cookers. She would like an update on the Extended Stay project where King County will be housing the homeless. Anna Patrick shared her gratitude for the recent Coffee with Council and feels the unscripted organic discussions are helpful; she is still concerned and would like to have input from the school district. Ms. Patrick expressed concerns around gun violence and re -zoning legislation. Anisah Rogers, the founder of Black Street Union at Federal Way Public Academy, feels John Conna and his legacy should be recognized for his contribution to Federal Way by having a street named after him. Trenise Rogers shared the history of Mr. Conna's contributions and accomplishments to Federal Way and the region dating back to 1883. She advocated to recognize his legacy by naming a street in Federal Way after John Conna. Councilmembers asked to have this request forwarded to a Council Committee for further evaluation and discussion. Jackie Adams was disheartened by a specific online post that was referenced in the Federal Way Mirror. She expressed a desire to see the Council work together in a professional manner to protect the citizens of Federal Way. Letter from Deborah Osborne read by the City Clerk asking council to consider naming a street after John Conna. 5. CONSENT AGENDA a. Minutes: February 1, 2022 Regular and Special Meetings b. Selection Process: 2022 Amendments to the Comprehensive Plan c. Authorization to Apply for Conservation Futures Tax Levy (CFT) Grant d. 2022 Asphalt Overlay Project Approval to Award Federal Way City Council Regular Minutes Page 3 of 8 February 15, 2022 e. 2021 Asphalt Overlay Project — Authorization to Increase Contract Expenditures f. 2022 Citywide Storm Repair Phase 4 Approval to Bid g. 2020 Citywide Storm Repair Phase 3 — Project Acceptance h. Citywide Fiber Loop Project — 30% Presentation i. 2021 Citywide Pavement Repair Project — Final Acceptance 2020-2021 Neighborhood Traffic Safety (NTS) Program — Contract Increase k. WSDOT Operations and Maintenance Agreement for Adaptive Traffic Control System I. Transportation Grants Funding Applications m. Contract Increase for Concreate Beveling Services — Trip Hazard Removal Contract n. Summer Experience and Enrichment for Kids Grant o. Parks & Recreation Commission 2022 Work Plan p. Cummins, Inc. Generator Maintenance and Repair Agreement Councilmember Dovey requested to pull item b. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A AND C THROUGH P ON THE CONSENT AGENDA; 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 Item b/ Selection Process: 2022 Amendments to the Comprehensive Plan, Councilmember Dovey noted he pulled this item to clarify this is part of the process to study this one property that has requested a re -zone. Community Development Director Brian Davis concurred and added this is the first step of analyzing the request. Taking final action on this request would come after a very lengthy public process. At the request of Deputy Mayor Honda, Mr. Davis also clarified how the public can officially submit comments and become a part of the record. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEM B ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER HOANG. 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 6. PUBLIC HEARING Mayor Ferrell opened the public hearing at 7:29 p.m. a. Council Bill #812/Amending Title 19 of the FWRC regarding Public Transportation Facilities (postponed from October 19, 2021 & January 18, 2022) Federal Way City Council Regular Minutes Page 4 of 8 February 15, 2022 Community Development Director Brian Davis provided background and history on this item noting there have been thorough discussions and negotiations with Sound Transit regarding the south Light Rail Station, which has proposed to have a parking garage built in a much later phase. This ordinance narrows definitions and language where the code was previously overly broad. Light Rail and Commuter Rail are now allowed in two zones (Core and Commercial Enterprise Zones). He provided the baseline parking requirements, how they will be met, and the anticipated timeline. Mayor and Councilmember thanked Mr. Davis and his staff for working on this important infrastructure for the city and finding middle ground with Sound Transit. Mr. Davis and Public Works Director EJ Walsh addressed additional questions regarding baseline parking for this location and for the downtown station. No public comments were received. COUNCILMEMBER DOVEY MOVED TO CLOSE THE PUBLIC HEARING; 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 Mayor Ferrell noted action on this ordinance will take place later in the meeting under agenda item 8a. 7. COUNCIL BUSINESS a. Downtown Revitalization Plan Discussion Community Development Director Brian Davis provided an opportunity for the Council to provide feedback on their ideas for downtown revitalization. Councilmembers asked staff to engage with the mall owners and Sound Transit for a possible combined discussion and collective plan. In response to a question regarding the intention of the mall property, Mr. Davis noted while staff have been in continual communication with the mall, the requests from mall ownership include requests to waive requirements to allow development of additional dwelling units (apartments) while leaving Amazon, Target, and surface level parking intact. Council would like to see downtown change from the sea of parking lots to a denser footprint; a reference was included to the recently redeveloped Point Ruston on Tacoma's waterfront. b. Authorization for Request for Proposal for Town Center 3 (former Target Property) Interim City Administrator Brian Davis provided background on the policy question of moving forward with a Request for Proposals for the City -owned TC3 properties as previously budgeted. The TC3 property consists of 2 parcels east of the Performing Arts Federal Way City Council Regular Minutes Page 5 of 8 February 15, 2022 and Event Center. It is recommended the PAEC's north parking lot be included in the study to include 8.7 acres. The study would review the property and the needs in order to provide the best use of the property, which would include parking. Mr. Davis provided a brief history of the property which includes the former Target building and associated parking. He noted the city purchased the properties in 2014 for the purposed of catalyzing redevelopment of the City's Downtown which could have otherwise been purchased and land -banked by an investor. Councilmembers thanked Mr. Davis for the presentation and asked various clarifying questions including the cost of the study, timeline, and if including PAEC parking in the study, would result in less parking. Mr. Davis stated this study will provide the best use of the property and account for the market, possible public use, parking, or possible investor development. In response to questions related to the Sound Transits station currently under construction, Public Works Director EJ Walsh stated timing is imperative so that the city is not playing catchup to the decisions Sound Transit is making for their property. Mr. Walsh agrees with Mr. Davis and sees no downside in moving forward with the study as budgeted. COUNCILMEMBER DOVEY MOVED THE CITY ISSUE A REQUEST FOR PROPOSALS FOR THE CITY -OWNED TC-3 PROPERTY TO FACILITATE THE REDEVELOPMENT OF THAT SITE; SECOND BY COUNCILMEMBER KOCHMAR. The motion passed 5-2; Dovey and Norton dissenting. Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton no Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey no At 8:25 p.m. Mayor Ferrell announced a brief recess for approximately ten (10) minutes. Council returned to Chambers at 8:36 p.m. c. Monetary Retention Incentive for City Employees Interim City Administrator Brian Davis, provided background on this proposal noting it was originally developed for Police Officers and was expanded to include all regular full and part-time employees. Employee retention across the city has been a consistent and expensive issue for the city due to many factors including special hazards faced by staff during the pandemic due to higher risk of exposure and increased wages and better working conditions offered by other local cities luring employees away for other public service positions. Mr. Davis provided the information for the Mayor's recommendation which includes a 2.5% monetary retention incentive to be paid as a qualifiable use of ARPA funds for 2022 and 2023 to staff who work a minimum of 1,250 hours during the given year. The percentage would be calculated from the base salary, and not include overtime or specialty pay. Councilmembers thanked Mr. Davis for his presentation noting their desire to support staff and improve retention. Clarifying questions were asked regarding the overall financial position of the city. Mr. Davis recognized the praised the increases Council has made for staff including implementing the salary study as well as an increased COLA, but notes the city is behind neighboring jurisdictions who continue to offer more in salary, COLA and alternative working Federal Way City Council Regular Minutes Page 6 of 8 February 15, 2022 conditions/schedules. Council further discussed and noted the incentive payment would be made from one-time ARPA funds, not by increasing taxes. Additional options and data were requested including a flat rate incentive for all employees (instead of a percentage). COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED MONETARY RETENTION INCENTIVE FOR ALL CITY EMPLOYEES IN 2022 AND 2023; SECOND BY COUNCILMEMBER DOVEY. Councilmembers continued the debate a flat rate incentive versus a percentage of salary, noting they would prefer more options to review to ensure it is fair and equitable. It was suggested a higher earning position, which is more difficult to fill, and train, would likely not be retained by a flat rate incentive of $1,500. Consensus was not reached and additional questions were raised about holistically reviewing staff wages and working conditions such as telecommuting or flex -schedule options. Council agreed this issue needs further data to outline multiple options for action at a future meeting. Dovey removed his second; main motion fails for a lack of second. COUNCIL PRESIDENT KOCHMAR MOVED TO CONTINUE THIS ITEM WHEN THE INFORMATION CAN BE BROUGHT BACK AT THE NEXT COUNCIL MEETING AND THAT INFORMATION WOULD BE TWO DIFFERENT PROPOSALS: THE 2.5% VERSUS A SET AMOUNT PER EMPLOYEE NOT TO EXCEED THE AMOUNT OF MONEY AVAILABLE THROUGH THE ARPA FUND; SECOND BY DEPUTY MAYOR HONDA. Council stated they would like the proposals to include pro-rata for new employees hired after January 1 st and would like to review the working conditions (telecommute policy). Mayor Ferrell clarified city staff working conditions are at the direction of the Executive, and are not set by the City Council, and therefore cannot be included in this discussion. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes 8. ORDINANCES First Reading Councilmember Tran yes Councilmember Walsh yes Councilmemberpovey yes a. Ordinance: Council Bill #812/Amendina Title 19 of the FWRC reaardina Public Transoortation Facilities (Dostooned from October 19. 2021 & January 18. 2022) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PUBLIC TRANSPORTATION FACILITES; AMENDING FWRC 19.05.120, 19.05.200, AND 19.105.020; AND ADDING NEW SECTIONS TO CHAPTERS 19.225 AND 19.240 FWRC. (Amending Ordinance Nos. 17-834, 15-804, 09-630, 09-610, 09-593, and 97-295) The staff report was presented during the public hearing earlier in the meeting. No public comment was received. The City Clerk read ordinance title into the record. Federal Way City Council Regular Minutes Page 7 of 8 February 15, 2022 COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE MARCH 1, 2022 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; 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 CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 9. COUNCIL REPORTS Councilmember Dovey reported on an ad hoc meeting he attended with residents from Federal Way discussing better connecting neighborhoods together; and noted there would be more to come. Councilmember Walsh provided no report. Councilmember Tran announced that the DSHS office located on S 348 Street will be opening for full service at the end of February. Councilmember Norton reported on the recent Coffee with Council sharing that there was good discussion and that she looks forward to next month's meeting. Councilmember Assefa-Dawson attended the same meeting as Councilmember Dovey and she is in support of the proposal. Deputy Mayor Honda encouraged residents to support the Federal Way Senior Center food drive in the month of February. Donations can be dropped off at the Tool Library on S 340 Street or donors can call 253-237-2290 to have their donations picked up. She encouraged the King County Executive to consider ending the proof of vaccine program as it is hurting businesses. Lastly, she spoke regarding the 80' Anniversary of Executive Order 9066, issued by President Roosevelt in February 1942, ordering Japanese immigrants to live in internment camps during WWII. Council President Kochmar announced they would be meeting with the school board, although the details are not yet identified, she believes this is a good step forward. She recently was made aware of a new company locating to Federal Way in the former Weyerhaeuser area that will employ 800 people. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:30 p.m. Attest: p nie Courtney City Clerk Approved by Council: 03-0002Z Federal Way City Council Regular Minutes Page 8 of 8 February 15, 2022