11-08-2023 Council Minutes - RegularCITY OF
Federal Way
Centered on Opportunity
CITY COUNCIL
REGULAR MEETING MINUITES
City Hall — Council Chambers
November 8, 2023 — 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 (remote), Councilmember Paul
McDaniel, Councilmember Jack Walsh, and Councilmember Jack Dovey.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute
Mayor Ferrell excused Councilmember Hoang Tran; Councilmember Lydia Assefa-Dawson
participated in the meeting remotely.
3. MAYOR'S EMERGING ISSUES AND REPORT
With Council consensus, Mayor Ferrell moved the Native American Heritage Proclamation up
the agenda.
Proclamation: Native American Heritage Month — November 2023
Deputy Mayor Honda read and presented the proclamation to Louis Ongaro, Muckleshoot
Tribal Council Member, and Valerie Segrest, Director of the Muckleshoot Food Sovereignty
Project. Council Member Ongaro was honored by the acknowledgement of his ancestors and
spoke to the deep history of treaties aimed at environmental protection. Council Member
Ongaro was also accompanied by younger members of the Trible who each introduced
themselves.
Mayor Ferrell reported on a surprise visit from former Mayor of our Sister City Rivne, Ukraine;
Oleksandr Tretyak. He visited City Hall on October 27 when he was in the area visiting family.
Mayor Ferrell reported on recent events including a successful Multi -Service Center Helps
fundraising luncheon on October 19, the statewide emergency preparedness drill on October
19; and a fun holiday event at the Community Center on October 28. He noted the Farmer's
Market season finale was Saturday, October 28; he thanked everyone involved for a very
successful season.
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Upcoming events include the annual Paint the Plow Event, on November 9 at the Boys & Girls
EX3 Teen Center; and a new Family Movie Night at the Knutzen Family Theatre on November
10.
4. PUBLIC COMMENT
Alexandre Milsten made some suggestions on how to improve citizen participation during City
Council Meetings.
Jon Sitkin, Counsel for Winco Foods, asked Council to approve the Hearing Examiners
recommendation.
Melissa Hamilton shared her frustration with increased crime, itemizing how much her family
has spent as a result of crime. She asked for the pursuit laws to be fixed.
Jazmine Lopez addressed concerns about rent increases and asked Council to consider rent
protection legislation as other cities have done.
Fred DuBon addressed concerns about rent increases and asked Council to consider rent
protection legislation with a 180-day notice of rent increase and cap on late fees.
Karen Brugato spoke on behalf of the Arts Commission, thanking Council for the one-time
ARPA allocation, and asked for the Commissions budget be increased for the first time in years.
Janine Barber spoke in support of an Arts Commission budget increase.
Susan Strong thanked the FWPD for the efforts they are making to address crime despite State
Legislation making it difficult.
Mary Ehlis shared that Historical Society has postponed their Holiday Open House to Saturday,
December 16 from 1:00-3:00pm.
Anna Patrick concerned with King County policies, shared her understanding that a state law
would need to be changed in order for them to close jails, as planned.
Gian Mitchell, Susan Banhegyi, Celestine Berrysmith, and Phoenica Zhang requested the
Council enact tenant protections in Federal Way including longer noticing requirements for rent
increases, and limit on late fees.
Written comments were received from Dee Harris and Lana Bostic and provided to Council via
email prior to this meeting.
5. PRESENTATIONS
a. Proclamation: Native American Heritage Month — November 2023
The proclamation was presented earlier in the meeting.
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) — Councilmember
Walsh reported the next meeting will be October 10.
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Land Use/Transportation Committee (LUTC) — Councilmember Dovey reported on the meeting
held Monday; the next meeting will be the first Monday in December (December 4).
Finance, Economic Development Regional Affairs Committee (FEDRAC) — no report was
provided.
Lodging Tax Advisory Committee (LTAC) — Councilmember Assefa-Dawson reported the next
meeting will be November 13.
Deputy Mayor & Regional Committees Report — Deputy Mayor Honda reported on an upcoming
Senior Commission event. She encouraged Council to apply for open AWC and SCA regional
appointments, and noted she will be virtually attending the AWC Elected Officials Essentials
training. She commented on Veterans Day and the memorial located near the PAEC.
Council President Report — Council President Kochmar requested the city allocate funds to the
food banks for the holidays.
Mayor Ferrell agreed and will discuss with Finance Director Groom.
7. CONSENT AGENDA
a. Minutes: October 17, 2023 Regular and Special Meeting Minutes
b. Monthly Financial Report _ September 2023
c. AP Vouchers 09/16/2023 — 10/15/2023 Payroll Vouchers 09/01/2023 — 09/30/2023
d. 2024 Highline College Small Business Develop Center Interagency Agreement
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF CONSENT AGENDA ITEMS (A)
THROUGH (D); SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as
follows:
Council President Kochmar yes
Deputy Mayor Honda yes
Councilmember Assefa-Dawson yes
Councilmember McDaniel yes
8. PUBLIC HEARINGS
Councilmember Tran excused
Councilmember Walsh yes
Councilmember Dovey yes
a. Ordinance: 2023-2024 Biennial Budget Midyear Amendment* (as required by
RCW 35A.34)
Mayor Ferrell opened the public hearing at 7:47 p.m.
Finance Director Steve Groom presented information regarding the 2023-2024 biennial
budget adjustment. He noted this required process captures any changes from the year,
ensuring expenses are covered, and forecasts revenue through year-end.
Public Comment:
Alexandre Milsten asked where the budget documents are located on the website and
inquired if they could be moved to the home -page or more visible.
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Karen Brugato, requested a budget increase for the Arts Commission, including a
dedicated line item, similar to other neighboring cities.
DEPUTY MAYOR HONDA MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY
COUNCILMEMBER WALSH. The motion passed unanimously as follows:
Council President Kochmar yes
Deputy Mayor Honda yes
Councilmember Assefa-Dawson yes
Councilmember McDaniel yes
Councilmember Tran excused
Councilmember Walsh yes
Councilmember Dovey yes
b. Ordinance: 2024 Property Tax Levy* (as required by RCW 84.55.120)
Mayor Ferrell opened the public hearing at 7:59 p.m.
Finance Director Steve Groom outlined the process of setting the property tax rate and
how the assessed value is calculated by the county. He noted the tax levy does not keep
up with inflation and the city heavily relies on other revenue.
No public comment received.
DEPUTY MAYOR HONDA MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY
COUNCILMEMBER COUNCIL PRESIDENT KOCHMAR.
Councilmember McDaniel asked a clarifying question regarding banking the levy.
The motion passed unanimously as follows:
Council President Kochmar yes Councilmember Tran excused
Deputy Mayor Honda yes Councilmember Walsh yes
Councilmember Assefa-Dawson yes Councilmember Dovey yes
Councilmember McDaniel yes
9. COUNCIL BUSINESS
a. Council Discussion on 2024 Legislative Agenda
Policy Advisor Bill Vadino provided a review of the 2023 Legislative requests, including
the status of previously addressed projects and requests. Mr. Vadino will be soliciting
individual input from Council and will bring back a proposed 2024 Legislative Agenda
for full discussion and approval at the November 21 meeting.
Council thank Mr. Vadino for the presentation and asked staff clarifying questions on
various issues and projects.
b. Resolution: Declaration of Intent to Reimburse/APPROVED RESO. NO. 23-849
Finance Director Steve Groom overviewed the proposed resolution noting it is a
housekeeping item to show the intent for wrapping the land purchase into the total cost of
the Joint Use Operations and Maintenance Facility project. This is a required step by the
Bond Counsel to allow repayment of the interfund loan at the time of debt issuance.
Council thanked Director Groom and asked clarifying questions.
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DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND
BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously 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
10. ORDINANCES —FIRST READING
a. Council Bill #866/ Ordinance: 2023-2024 Biennial Budget Midyear Amendment
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO
AMENDING THE 2023-2024 BIENNIAL BUDGET (AMENDING ORDINANCE NOS. 22-941, 23-
959 AND 23-966).
The staff presentation was made during the public hearing, no additional information
was presented. No public comment received.
City Clerk Stephanie Courtney read the ordinance title into the record.
DEPUTY MAYOR HONDA MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
NOVEMBER 21, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND
BY COUNCIL PRESIDENT KOCHMAR. 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
b. Council Bill #8671 Ordinance: 2024 Property Tax Lev
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO FIXING
THE PROPERTY TAX AMOUNT FOR THE YEAR 2024.
The staff presentation was made during the public hearing, no additional information
was presented. No public comment received.
City Clerk Stephanie Courtney read the ordinance title into the record.
DEPUTY MAYOR HONDA MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
NOVEMBER 21, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
SECOND BY COUNCIL PRESIDENT KOCHMAR.
Deputy Mayor Honda asked for clarification of Councilmember McDaniel's previous
question regarding banking the tax levy.
The motion passed 5:1; as follows:
Council President Kochmar
yes
Deputy Mayor Honda
.yes
CouncilmemberAssefa-Dawson
yes
Councilmember McDaniel
no
Councilmember Tran excused
Councilmember Walsh yes
Councilmember Dovey yes
c. Council Bill #865/Ordinance relatinq to a Concomitant Zoning Agreement
Amendment for the WinCo Food Property
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
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November 8, 2023
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APPROVAL OF AN AMENDMENT TO THE WINCO FOODS CON-COM-I-TANT ZONING
AGREEMENT TO REMOVE THE APPLICA-BILITY OF THE CON-COM-I-TANT ZONING
AGREEMENT TO THE WINCO FOODS PROPERTY. (AMENDING ORDINANCE NO. 91-99)
Mayor Ferrell read into the record the instructions and process for the closed
record/quasi-judicial process. He noted no additional public comment is accepted and
Council is to make the determination solely on the official record and the information
presented to the Hearing Examiner on October 11, which is included in full, in the
Council meeting materials.
Mayor Ferrell posed multiple questions in order to determine if a conflict exists with any
of the Councilmembers. Hearing no conflict, Mayor Ferrell called for the staff
presentation.
Senior Planner Chaney Skadsen provided a summary of the request received from
WinCo foods to remove the applicability of the Concomitant Zoning Agreement (CZA)
to the WinCo Foods property. The current CZA limits the ability for expansion of the
current store.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
NOVEMBER 21, 2023 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
CouncilmemberAssefa-Dawson yes Councilmember Dovey yes
Councilmember McDaniel yes
ORDINANCES — SECOND READING/ENACTMENT:
d. Council Bill #862/1-li Kline Water District Franchise Ordinance/APPROVED
ORDINANCE NO. 23-970
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING HIGHLINE
WATER DISTRICT, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF -WAY IN THE
CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR
THE PURPOSES OF CONSTRUCTING, MAINTAINING, OPERATING, REPLACING, AND
REPAIRING A PUBLIC WATER SYSTEM WITHIN AND THROUGHOUT THE CITY OF
FEDERAL WAY.
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 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
e. Council Bill #863/ Establishing the Time of Payment, Interest and Penalties to be
imposed on Delinauent Annual Snecial Assessment for Lake Manaqement
District Number 1 Steel Lake/APPROVED ORDINANCE NO. 23-971
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING THE
TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE IMPOSED ON DELINQUENT
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ANNUAL SPECIAL ASSESSMENTS FOR LAKE MANAGEMENT DISTRICT NUMBER 1 FOR
STEEL LAKE.
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 McDaniel yes
Council Bill #864/ ❑evelooment Agreement Code Amendments/APPROVED
ORDINANCE NO. 23-972
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
AMENDMENTS TO CHAPTER 19.85 FWRC, DEVELOPMENT AGREEMENTS; AMENDING
FWRC 19.85.010, 19.85.020, 19.85.030, 19.85.050; 19.85.060; 19.85.070; 19.85.080; 19.85.090;
19.85.110; 19.85.120; 19.85.130; 19.85.140; 19.85.150; 19.85.160; 19.85.180; 19.85.190;
19.85.200; AND 19.85.210 (AMENDING ORDINANCE NOS. 02-426 AND 09-594).
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 excused
Deputy Mayor Honda yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmember Dovey yes
Councilmember McDaniel yes
11. COUNCIL REPORTS
Councilmember Assefa-Dawson noted her appreciation for the ability to participate remotely
from a conference in Texas.
Councilmember McDaniel stated the last class of the financial literacy program is tomorrow and
believes the program has been successful. He thanked staff for the quick action on replacing
lights he mentioned at the last meeting.
Councilmember Walsh had no report.
Councilmember Dovey also spoke to the success of the financial literacy class; he noted there
is increased interest in additional classes in 2024 and possible partnerships. He thanked Policy
Advisor Bill Vadino for his work on this project.
Deputy Mayor Honda reported on the Rosebud Theatre productions and her attendance at the
PAEC for the United States Army Field Band performance. She thanked Community Services
Manager Sarah Bridgeford for the Health through Housing tour and thanked those that have the
courage to run for elected office.
Council President Kochmar thanked Mayor for suggesting a presentation from the Muckleshoot
Tribe; she would enjoy hearing the history. She asked for donations to the food banks during the
holidays in the form of food or monetary donations.
Councilmember Dovey acknowledged the King County Elections Vote Center at City Hall noting
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their staff assisted his father-in-law register and vote.
Deputy Mayor Honda also encouraged attendance at the Auburn Veterans Parade which is the
largest veteran's parade west of the Mississippi.
12. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 9:05 p.m.
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Approved by Council:
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November 8, 2023