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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. Federal Way City Council Regular Minutes Page 1 of 8 November 8, 2023 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. Federal Way City Council Regular Minutes Page 2 of 8 November 8, 2023 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. Federal Way City Council Regular Minutes Page 3 of 8 November 8, 2023 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. Federal Way City Council Regular Minutes Page 4 of 8 November 8, 2023 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 Federal Way City Council Regular Minutes November 8, 2023 Page 5 of 8 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 Federal Way City Council Regular Minutes Page 6 of 8 November 8, 2023 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 Federal Way City Council Regular Minutes Page 7 of 8 November 8, 2023 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. Attest: �W, , U� r Ste h nie ourtney 1� ity erk Approved by Council: Federal Way City Council Regular Minutes Page 8 of 8 November 8, 2023