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09-05-2023 Council Minutes - RegularCITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers September 5, 2023 — 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 Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell excused Councilmember Tran's absence. COUNCIL PRESIDENT KOCHMAR MOVED TO AMEND THE AGENDA TO ADD A REPORT ON THE DAY CENTER; DEPUTY MAYOR HONDA SECOND. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes 3. MAYOR'S EMERGING ISSUES AND REPORT • South King Fire & Rescue recognition of Federal Way Police Department Interim Fire Chief Van Valkenburg presented a plaque of appreciation to Chief Hwang and the Federal Way Police Department to acknowledge the cooperative assistance the department officers provide on scene. He thanked the officers who assisting with EMS when first on scene, and has many times made the difference between life and death. Chief Hwang thanked Chief Van Valkenburg for the recognition and noted his appreciation for the partnership with their Emergency Medical Services (EMS) partners. Federal Way City Council Regular Minutes Page 1 of 7 September 5, 2023 • Day Center Update Mayor Ferrell reported on a recent citizen -reported incident at the Day Center involving an open flame. Chief Hwang provided the details on the response by officers to a report of a fire at the Day Center on Saturday evening. Community Development Director Keith Niven reported on multiple follow-up meetings with the Day Center staff following this incident and they are collectively working towards compliance. Councilmembers thanked Chief Hwang and Director Niven for the update and noted increasing concern with life -safety and code compliance issues. Council would like a report at a future meeting that provides more detailed information on services provided and the number of individuals served by the Day Center. Mayor Ferrell stated staff will prepare a report for the first meeting in October. ® Update on Federal Way Community Center Parks Director John Hutton provided a brief report on the status of the Community Center repairs and updates: the facility is currently closed for an annual deep cleaning and repairs which include paint, hardwoods, walls repairs. He noted the pool and locker room repairs are progressing and the leisure pool will be re -opening soon. Recent & Upcoming Events in the Community Mayor Ferrell was pleased to report on a very successful Back -to -School Haircuts event on August 28 which provided free haircuts to hundreds of local students. He thanked Kristin Speakman, owner of Bella Red Salon who organized over 45 crew members and stylists who made this event possible. He further reported on the annual Kids Day and Summer Sounds Concert at Steel Lake Park on August 9; his attendance at the grand opening of the new Lakehaven Headquarters Building; and the Lions Club Annual Car Show at the Commons Mall on August 26. He also highlighted the Run -with -the -Cops fundraising fun run on August 26 to benef the Special Olympics; the grand re -opening of Ranz Law Office on August 30; and attending Fire Chief Dave Mataftin's retirement celebration on August 29 acknowledging his 47 years of service in fire service. Mayor Ferrell also updated on the former Target building demolition which is nearing completion. He noted the Kiwanis 32nd Annual Golf Tournament will be September 8 and looks forward to the Taste of Federal Way at the Farmer's Market on September 23. Back -to -School Pedestrian Safety Reminder Deputy Chief Sumpter reminded the public school is back in session and asked drivers to pay better attention to the road, speed limits, and to anticipate pedestrians. 4. PUBLIC COMMENT Ron Walker is the Chair of the City's Martin Luther King Day Celebration and shared some ideas for the upcoming event scheduled for January 2024. Federal Way City Council Regular Minutes Page 2 of 7 September 5, 2023 Geoffrey Tancredi expressed concerns about homeless individuals he believed took shelter in the old Target building are now beginning to congregate around the Performing Arts and Event Center area and stairs. Susan Strong shared the property owner of Dollar Tree removed the large tree behind the store which was a location frequented by homeless individuals. Ken Blevens thanked the Mayor and Council and expressed gratitude for the addition of the report on the Day Center. He feels the Day Center has attracted homeless drug addicts from other areas and states. Carolyn Hoover gave thanks for the attention to the problems at the Day Center and is concerned drug use in this area has increased. She also shared about an individual who has been living unsheltered on a property adjacent to the center for four years. Anna Patrick questioned the licensing of the Day Center; specifically, whether or not it qualifies as a shelter. She also shared crime statistics she obtained from Valley Communications 911. 5. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh noted the August meeting was canceled and the next meeting will be September 12 at 5:00 p.m. in Council Chambers. The agenda will include a discussion on potential signage discouraging panhandling. Land Use/Transportation Committee (LUTC) Councilmember Dovey reported the next meeting will be held September 11 at 5:00 p.m. Finance, Economic Development Regional Affairs Committee (FEDRAC) No report was provided. Lodging Tax Advisory Committee (LTAC) Councilmember Assefa-Dawson reported the next meeting is Wednesday, September 13 where they hope to review grant applications. Deputy Mayor & Regional Committees Report Deputy Mayor Honda congratulated the Fire Chief on his retirement and thanked him for his long public service. She noted there is free financial advice available for seniors at the community center; details will be posted to the Council's social media. She reported on attending various regional meetings including Sound Cities Association (SCA) and Seattle -King County Public Health. She would like to reach out to the Sister City in Ukraine to see if there is any assistance the city can provide. Council President Report Council President Kochmar reported on attending the free haircut event at Town Square Park; she thanked Bella Red Salon and Kristin Speakman for the event. She reported reaching out to regional leaders requesting assistance with the County Executive for public health concerns and noted safety concerns with lithium batteries in electric scooters. 6. CONSENT AGENDA a. Minutes: August 8, 2023 Regular and Special Meeting Minutes b. Authorization to Apply for and Accept the Stormwater Capacity Grant c. Amendment to the Comprehensive Garbage, Recyclables, and Compostables Collection Contract Federal Way City Council Regular Minutes Page 3 of 7 September 5, 2023 d. 2022 Pavement Repair Project — Project Acceptance COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF CONSENT AGENDA ITEMS A THROUGH D; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes 7. COUNCIL BUSINESS a. Therapeutic Courts Interagency Agreement Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Judge Dave Larson provided information on a grant award to continue the Peer Navigator program that assists individuals through the steps of the legal system. Peer Navigators are barrier -free consultants who have experience with what can be an overwhelming system for some. He noted additional funds will be applied to fund domestic violence treatment and the moving of the Community Court program to the Regional Library in an effort to remove any impediments to success. Council thanked Judge Larson for his work and asked various clarifying questions regarding partnerships, confidentiality, success metrics, and domestic violence treatment. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS THERAPEUTIC COURTS INTERAGENCY AGREEMENT; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes b. ARPA Grants for Economic Development Economic Development Director Tanja Carter outlined the fourteen (14) programs proposed to be included in the disbursements of the $750,000 of ARPA funding the Council allocated to supporting economic development. Ms. Carter noted the proposed projects will support business growth, business retention and attraction, tourism, and workforce development. Council thanked Director Carter for her presentation and asked clarifying questions. After further discussion, Council requested this item go back to Council Committee for further input and consideration. In response to a timing question, Finance Director Steve Groom noted the funds must be obligated by 2024 and spent by December 31, 2026. DEPUTY MAYOR HONDA MOVED TO ADD THE PROPOSED ARPA GRANT PROJECTS TO THE NEXT FEDRAC AGENDA ON SEPTEMBER 26; COUNCILMEMBER MCCDANIEL SECOND. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes September 5, 2023 Page 4 of 7 c. Department of Commerce Middle Housing Grant - Authorization to Apply Senior Planner Chaney Skadsen provided information on a Washington State Department of Commerce for a Middle Housing grant. The grant has no local match requirement and will be used to implement House Bill 1110 (2023) supporting the development of middle housing. Under the grant, Federal Way would be eligible for a maximum amount of $75,000. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED APPLICATION FOR THE WASHINGTON STATE DEPARTENT OF COMMERCE MIDDLE HOUSING GRANT; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes 8. ORDINANCES Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes First Reading a. Council Bill #861/Multi-Family Tax Exemption (MFTE) Application Deadline AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO MODIFYING THE CITY'S MULTIFAMILY DWELLING UNIT LIMITED PROPERTY TAX EXEMPTION PROGRAM; AMENDING FWRC 3.30.010, 3.30.040, 3.30.050, AND 3.30.060 (AMENDING ORDINANCE NOS. 03-438, 09-606 AND 23-964). Community Development Director Keith Niven provided information on the proposed ordinance that outlines the procedural deadlines associated with a developer applying for the Multi -Family Tax Exemption. Director Niven noted this ordinance does not change or alter the exemption in any way, it simply allows for more flexibility as it relates to the timing. Council asked various clarifying questions specific to the tax credit itself, if this change is more 'developer friendly', and the timeline other local jurisdictions follow. No public comments were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 19, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed 5-1 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel no Second Reading/Enactment I:�•�•m�r�I■CIE:�:�:��y�����yz��r�n>7�:rrn�=rra;T:rr�;�►_���J:r•1►��� ORDINANCE NO. 23-966 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2023-2024 BIENNIAL BUDGET. (Amending Ordinance Nos. 22-941 and 23-959) Federal Way City Council Regular Minutes Page 5 of 7 September 5, 2023 City Clerk Stephanie Courtney read the ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER DOVEY. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes c. Council Bill #859/Residential Open Space Comprehensive Plan Amendments/APPROVED ORDINANCE NO. 23-967 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THE PARKS, RECREATION AND OPEN SPACE PLAN AND THE FEDERAL WAY COMPREHENSIVE PLAN CHAPTER 6, CAPITAL FACILITIES, TO FACILITATE AN UPDATE TO THE METHOD FOR CALCULATING OPEN SPACE FOR RESIDENTIAL SUBDIVISIONS (AMENDING ORDINANCE NOS. 90-43, 95-248, 96-270, 98-330, 00- 372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866, 21-907, 22-938, 23- 954, AND 23-956). City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes d. Council Bill #860/Residential Open Space Subdivision & Zoning Code Amendments/APPROVED ORDINANCE NO. 23-966 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO RESIDENTIAL OPEN SPACE; AMENDING FWRC 18.55.030, 18.55.040, 18.55.060, 18.60.030, 19.05.030, 19.05.150, 19.100.070, 19.125.060, 19.200.0201, 19.200.040, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.050, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.150, 19.220.050, 19.220.080, 19.220.100, 19.225.070, 19.225.075, 19.230.060, 19.230.065, 19.240.085, AND 19.115.115 (AMENDING ORDINANCE NOS. 90-41, 90-43, 93-170, 94-223, 96-270, 97-291, 98-309, 98-330, 99-333, 00-375, 01-381, 01-385, 01-399, 02-423, 02-424, 03-450, 05-506, 06-515, 06-542, 07-545, 07-554, 07-559, 08-583, 08-585, 09-593, 09-605, 09-610, 10-652, 10-658, 10-678, 12-724, 12-727, 12-735, 13-754, 16-822, 17-834, 20-898, 21-921, 22-929, 22-932, 23-949, AND 23-958) 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 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes September 5, 2023 Page 6 of 7 9. COUNCIL REPORTS Councilmember Assefa-Dawson shared a personal story regarding a family member who struggles with addiction, and noted a personal connection with a family in Seattle who has been affected by senseless gun violence. Councilmember McDaniel noted he enjoyed the time off and is excited to be back; he is taking the opportunity to listen and learn. Councilmember Walsh, referencing the recent natural disasters in Hawai'i and Florida, requested a study session to outline the roles and responsibilities of the Council in the case of an emergency. Councilmember Dovey noted there are available seats for the free financial literacy class that begins on Thursday, November 14 at the Federal Way Community Center. He is happy to see this move forward and believes it will be a tool in learning how to become better stewards of money. Deputy Mayor Honda noted the Kiwanis Golf Tournament is raising money to provide services for children. She noted the Federal Way Kiwanis Club recently donated funds to the club in Maui to help with the devastation caused by the wildfires. She updated the Council on events at the Tool Library, the Farmer's Markets, and a benefit concert to support Loving Angels. She thanked Kristin Speakman for her work on the free haircut event noting she volunteered and enjoyed seeing the happy kids. Council President Kochmar thanked Councilmember Walsh for the study session suggestion agreeing a presentation on emergency management would be timely and appreciated. She also referenced the benefit concert at the Performing Arts and Event Center for the Loving Angels program who help the very ill. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:11 p.m. Attest: IV R PieIII� ,,iI.wof - City Clerk Approved by Council: 0q-11-M23 Federal Way City Council Regular Minutes Page 7 of 7 September 5, 2023