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12-05-2023 Council Minutes - RegularCITY OF Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers December 5, 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, Councilmember Paul McDaniel, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call, City Clerk Stephanie Courtney, and City Administrator Brian Davis. 2. PLEDGE OF ALLEGIANCE Boy Scout Troop # 361 presented the colors and led the flag salute. COUNCIL PRESIDENT KOCHMAR MOVED TO AMEND THE AGENDA TO ADD AN ITEM FOR AUTHORIZATION TO APPLY FOR KING COUNTY SHELTER GRANT AS ITEM 7(i) TO COUNCIL BUSINESS; SECOND BY COUNCILMEMBER DOVEY. 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 3. MAYOR'S EMERGING ISSUES AND REPORT Mayor Ferrell provider a reminder of the 2024 Legislative Breakfast on Monday, December 18 beginning at 7:30 a.m. at the Federal Way Community Center. The City Council will be meeting with 30th District Legislators to discuss important issues. The Mayor reported on successful holiday events including the free family movie at the Performing Arts and Event Center on November 25; the Jingle Bell Brunch on December 2; and the Annual Tree Lighting at Town Square Park on December 2. Cookies with Mrs. Claus is scheduled for Thursday, December 14 at the Community Center. The next scheduled City Council meeting in December is cancelled per Council Rules of Procedure, and noted City Hall closures in observance of the holidays. Mayor Ferrell reported the City Council Annual Retreat has been scheduled for Saturday, February 3 at Dumas Bay Centre. He referenced various meetings and visits in the last few Federal Way City Council Regular Minutes Page 1 of 9 December 5, 2023 weeks, and reminded everyone of pedestrian safety. 4. PUBLIC COMMENT Owen Russell spoke on behalf of four local Boy Scout troops; sharing about an upcoming Christmas tree recycling event. Susan Strong addressed the Day Center and questioned how to help the homeless while maintaining the safety of the City. Trenise Rogers encouraged additional engagement of youth in government and shared the challenges on the Diversity Commission due to vacant positions. Keena Smith shared about Contagious Christian and their outreach program for homeless. Mary Ehlis announced the Historical Society's Annual Holiday Open House at Steel Lake Annex. Mark Christie expressed displeasure with the Federal Way School Board and believes they are not conducting open public meetings. Mar] Gates spoke on behalf of the Arts Foundation sharing their name change to Arts Foundation Federal Way. George Bannan shared his passion for helping the homeless and is concerned with efforts to limit panhandling near Rite Aid. Geoffrey Tancredi shared his experiences, as a member of a non-profit group, has spoken to drug - addicted individuals living in encampments. Laura Leah Jackson expressed concern that she is a targeted individual and deals with extreme social isolation. Three remote commenters, who did not sign-up to speak or provide a name for the record, were interrupted by the Mayor, for remarks considered hate -speech and in violation with the Council Rules of Procedure — Public Comment Section 5.1. Written comments were received from Roland Whitehurst, Breft Thomas, and Ann M. Gvgi. Comments were provided to Council via email prior to the meeting. 5. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) - Councilmember Walsh reported the next committee meeting will be January 9. Land Use/Transportation Committee (LUTC) - Councilmember Dovey reported the next committee meeting has been rescheduled to January 8, 2024, due to the holiday. Finance, Economic Development Regional Affairs Committee (FEDRAC) - Councilmember Tran reported on the previous committee meeting and noted the December meeting is canceled. The next meeting will be January 23. Lodging Tax Advisory Committee (LTAC) - Councilmember Assefa-Dawson reported the Federal Way City Council Regular Minutes Page 2 of 9 December 5, 2023 committee did not meet this month; the next meeting is scheduled for January 10. Deputy Mayor & Regional Committees Report - Deputy Mayor Honda provided information on AWC classes for newly elected and re-elected officials. She reported on meeting with the Edmonds City Council and staff, thanking staff for the information presented. She provided an overview of the regional Boards and Committees she attends. Council President Report Council President Kochmar represented the at the Korean Youth Symphony sharing they are excellent group doing a lot of volunteer. She reported Poverty Bay will have an open house next Saturday, December 9, to support the community and help women out of abuse. Council President invited all to attend the Legislative Breakfast and overviewed the topics to be discussed. 6. CONSENT AGENDA a. Minutes: November 21, 2023 Regular and Special Meeting b. Monthly Financial Report - October 2023 c. AP Vouchers 10/16 - 11/15/2023 and Payroll Vouchers 11/01 - 11/30/2023 d. Interlocal to Establish the Greater Federal Way Community Emergency Management Program (GFWCEM) e. Granicus Proposal and Master License and Services Agreement f. 2024 Senior Advisory Commission Annual Work Plan g. Washington Department of Corrections Master Agreement Amendment h z� paft -enf-Multi-F-an,,4y-Tax Exernp4en-(�F� nt pulled hTM,obile Site Lease Agreement BPA Lakes a es pulled j T Mebile Site AgreementLeaeGTTfITITaketa Park pulled k. Resolution: Adopting 2024 Fee Schedule/APPROVED RESO. NO. 23-850 Councilmember McDaniel pulled item (h) Trouve Apartment Multi -Family Tax Exemption (MFTE) Contract. Councilmember Dovey pulled items (i) T-Mobile Site Lease Agreement - BPA/Twin Lakes and Q) T-Mobile Site Lease Agreement - Lakota Park. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS (a) THROUGH (g) & (k); SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: - Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes December 5, 2023 Page 3 of 9 Item (h) Trouve Apartment Multi -Family Tax Exemption (MFTE) Contract- Councilmember McDaniel noted his hesitance to support this item as the tax -exemption is intended as an incentive, and this project was already in development. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEM (h); SECOND BY COUNCILMEMBER DOVEY. The motion passed 4-3 as follows (Assefa- Dawson, McDaniel, and Honda dissenting) Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda no Councilmember Walsh yes Councilmember Assefa-Dawson no Councilmember Dovey yes Councilmember McDaniel no Item (i) T-Mobile Site Lease Agreement — BPA/Twin Lakes, and Item 0) T-Mobile Site Lease Agreement — Lakota Park: Councilmember Dovey announced he was recusing from these items as he does business with T-Mobile. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS (i) and 0); SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0, with (1) recusal as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey recused Councilmember McDaniel yes 7. COUNCIL BUSINESS a. Federal Way Community Center Locker Room Architect Community Relations Liaison/Contract Administrator Autumn Gressett provided a report on the Community Center renovations and the locker room project. Regular updates to Council will be provided as the project progresses. Council thanked Ms. Gressett for the presentation and asked clarifying questions regarding the budget and construction timeline. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED CONTRACT AND TO AUTHORIZE THE MAYOR TO EXECUTE SAID CONTRACT; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes b. Cisco WebEx Calling Agreement Upgrade IT Director Thomas Fichtner provided a presentation noting the benefits to migrating the city's phone system to Cisco WebEx which would provide easier management and utilize existing equipment. This agreement locks pricing for 5-years with the option to Federal Way City Council Regular Minutes Page 4 of 9 December 5, 2023 extend an additional 3-years, which will save money and provide flexibility. Council thanked Mr. Fichtner for the presentation and asked various clarifying questions regarding how this affects other city facilities and technical questions regarding cloud storage. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED PURCHASE FROM ZONES, LLC, AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT FOR A TERM OF FIVE YEARS AND A TOTAL NOT TO EXCEED $395,000 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 McDaniel yes c. Core Network Upgrade IT Director Thomas Fichtner provided details on the Cisco Core Network Upgrade which will provide a robust foundation for the City's network and allow for redundancy and fault tolerance. He explained the necessity of this upgrade and detailed the equipment included. In conclusion, Director Fichtner overviewed the total cost of the hardware, license and support in year -one, and ongoing support costs moving forward. Council thanked Director Fichtner for the presentation and inquired about Cisco certification for IT staff. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED PURCHASE FROM ZONES, LLC, FOR A TOTAL NOT TO EXCEED $195,000; SECOND BY COUNCIL PRESIDENT. 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 d. ARPA Business Resiliency Program Economic Development Director Tanja Carter provided information regarding the potential purchase of four (4) additional mobile surveillance units (MST) with ARPA funds from the Business Resiliency Program. Currently, the Police Department deploys two (2) MST's, with an additional two (2) units on order. Upon Council approval, an additional four (4) trailers will be purchased, bringing the total to eight (8) units. These eight (8) units would be circulated bi-weekly upon business request. COUNCILMEMBER TRAN MOVED TO APPROVE THE USE OF ARPA FUNDS AS OUTLINED WITH THE MODIFICATION THAT ALL FUNDS PROPOSED FOR USE IN A WINDOW REPLACEMENT PROGRAM WILL INSTEAD BE USED TO PURCHASE ADDITIONAL MOBILE SURVEILLANCE TRAILERS; SECOND BY COUNCILMEMBER DOVEY. 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 Federal Way City Council Regular Minutes Page 5 of 9 December 5, 2023 e. North Lake Management District Advisory Committee Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE NORTH LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE TERRY THOMAS II TO A VOTING POSITION WITH A TERM TO EXPIRE MARCH 31, 2025; LORI SECHRIST TO A VOTING POSITION WITH A TERM TO EXPIRE MARCH 31s 2025; AND BRIAN HONEY TO A VOTING POSITION WITH A TERM TO EXPIRE MARCH 31, 2025; SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes f. Steel Lake Management District Advisory Committee Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE STEEL LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE: BRUCE MYERS TO A VOTING POSITION WITH A TERM TO EXPIRE DECEMBER 31, 2025; MELISSA HAMILTON TO A VOTING POSITION WITH A TERM TO EXPIRE DECEMBER 31, 2025; MARGARET REYHNER TO A VOTING POSITION WITH A TERM TO EXPIRE DECEMBER 31, 2025; JEREMY BENSON TO A VOTING POSITION WITH A TERM TO EXPIRE DECEMBER 31, 2025; SECOND BY COUNCIL PRESIDENT KOCHMAR. 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 g. Diversity Commission Appointments COUNCILMEMBER WALSH MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE DIVERSITY COMMISSION: SAUDIA ABDULLAH TO A VOTING POSITION WITH A TERM TO EXPIRE MAY 31, 2025 AND CHIKA ONYEJIAKA TO A VOTING POSITION WITH A TERM TO EXPIRE MAY 31, 2025; 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 Councilmemberpovey yes Councilmember McDaniel yes h. Confirmation of Independent Salary Commission Appointments COUNCIL PRESIDENT KOCHMAR MOVED TO MAKE THE FOLLOWING CONFIRMATIONS OF THE INDEPENDENT SALARY COMMISSION AS FOLLOWS: ROGER FLYGARE AND KENNY BYRNE TO VOTING POSITIONS WITH TERMS TO EXPIRE FEBRUARY 28, 2027 AND GORDON BOCK TO AN ALTERNATE POSITION WITH A TERM TO EXPIRE FEBRUARY 28, 2026; SECOND BY ASSEFA-DAWSON. Councilmembers asked clarifying questions regarding this Commissions process and timeline. Federal Way City Council Regular Minutes Page 6 of 9 December 5, 2023 The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes Added item: Request for Authorization to Apply for King County Shelter Grant Community Services Manager Sarah Bridgeford provided information on a non - matching grant opportunity announced on December 4, 2023 from King County. If successful, the grant funds would support the Federal Way FUSION family shelter who anticipates an operations budget gap of $250,000 in 2024, with similar gaps in subsequent years. This funding would fill the 2024 shortfall and allow FUSION to seek additional funding for future years. Council thanked Ms. Bridgeford for the presentation and asked clarifying and logistical questions regarding capacity of the shelter. COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE STAFF TO APPLY FOR THE KING COUNTY SHLETER GRANT FUNDING; SECOND BY COUNCILMEMBER WALSH., 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 McDaniel yes 8. ORDINANCES First Reading a. Council Bill #87110rdinance: Update to Indemnification Polic AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO INDEMNIFICATION OF CITY OFFICIALS AND EMPLOYEES; AMENDING FWRC 2.05.030, 2.05.040, 2.05.050, 2.05.060, 2.05.070, 2.05.090, 2.05.100, AND 2.05.120. (Amending Ordinance Nos. 89-05, 09-600, 10-666 and 10-669) City Attorney Ryan Call presented information on the update to the city's indemnification policy to reflect the long-standing practice at the City to indemnify employees and officials for their official acts done within the scope of their employment. He overviewed the specific changes to the policy, which was originally enacted in 1989 as part of the city's creation. No public comments were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 2, 2024 COUNCIL MEETING FOR SECOND READING AND ENACTMENT, SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Federal Way City Council Regular Minutes Page 7 of 9 December 5, 2023 CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes Second Reading/Enactment b. Council Bill #868/Ordinance: 2023 Annual Comprehensive Plan Amendments APPROVED ORDINANCE NUMBER 23-976 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, THE COMPREHENSIVE PLAN MAP, AND ZONING MAP; DESIGNATING A DOWNTOWN ARCHITECTURAL OVERLAY; CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMATELY 20 ACRES LOCATED NORTH OF S 316TH STREET BETWEEN PETE VON REICHBAUER WAY S AND 23RD AVE S, FROM CITY CENTER FRAME (CC-F) TO CITY CENTER CORE (CC-C); AND CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND ZONING OF 19.05 ACRES OF LAND LOCATED ON THE NORTH SIDE OF S 320TH STREET, EAST OF 1-5, FROM MULTI -FAMILY (RM2400) TO COMMERCIAL ENTERPRISE (CE). (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, 23-956 AND 23-967) 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 Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes c. Council Bill #869/Ordinance: Code Amendments Relating to City Canter -Care and City Center Frame/APPROVED ORDINANCE NUMBER 23-977 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO DEVELOPMENT REGULATION AMENDMENTS APPLICABLE TO THE CITY CENTER CORE (CC-C) AND CITY CENTER FRAME (CC-F) ZONES AND ADOPTION OF A DOWNTOWN ARCHITECTURAL OVERLAY; AMENDING FWRC 19.05.040, 19.05.060, 19.05.160, 19.110.080, 19.115.020, 19.115.050, 19.115.060, 19.115.070, 19.115.090, 19.120.030, 19.125.060, 19.190.010, 19.225.010, 19.225.015, 19.225.020, 19.225.030, 19.225.040, 19.225.050, 19.225.055, 19.225.060, 19.225.070, 19.225.075, 19.225.080, 19.225.090, 19.225.100, 19.225.105 19.225.110, 19.225.120, 19.225.130, 19.225.140, AND 19.230.030; ADDING FWRC 19.245.020 AND 19.110.025; AND REPEALING FWRC 19.130.150. (Amending Ordinance Nos. 90-43, 93-170, 96-270, 96-271, 97-291, 97-296, 97- 300, 99-333, 00-363, 01-382, 01-385, 01-390, 01-399, 02-424, 03-443, 05-506, 06-515, 06- 542, 07-554, 07-559, 08-585, 09-593, 09-604, 09-605, 09-610, 09-630, 09-633, 10-678, 12- 724, 12-727, 12-735, 13-750, 13-754, 14-778, 15-797, 17-834, 18-844, 18-850, 20-898, 21- 921, 22-929, 22-930, 22-932, 23-949, 23-958, 23-961, and 23-963) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN 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 Federal Way City Council Regular Minutes Page 8 of 9 December 5, 2023 d. Council Bill #870/Ordinance: Amendments to Wild Waves Concomitant Develo ment Agreement/APPROVED ORDINANCE NUMBER 23-978 AN ORDINANCE OF THE CITY OF FEDERAL WAY; WASHINGTON, RELATING TO AMENDING THE ENCHANTED PARKS, INC. CONCOMITANT DEVELOPMENT AGREEMENT (AMENDING ORDINANCE NOS. 98-310 AND 17-840) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN. Deputy Mayor Honda spoke to clarify why she does nOt support the development of warehouses in this area. The motion passed 6-1 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda no Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes 9. COUNCIL REPORTS Councilmember Assefa-Dawson expressed looking forward to 2024. Councilmember McDaniel congratulated his friend elected to the Milton City Council and wished everyone a happy holiday. Councilmember Tran thanked staff for a productive year and wished everyone a Merry Christmas and Happy New Year. Councilmember Walsh commented on the privilege of working with the Mayor and staff; he wished a Merry Christmas and shared information on his upcoming musical performance. Councilmember Dovey thanked the Council and staff for a great year, and wished a Merry Christmas and great new year in 2024. Deputy Mayor Honda noted her excitement for the coming year and the changes in the downtown. She reported on local holiday events and a Toy Drive, thanking specific community members for their generosity. She wished a happy holiday to all. Council President Kochmar thanked Council colleagues, the Mayor, and staff for working together on projects big and small. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:16 p.m. Attest: ph nje Courtney City Clerk Approved by Council 01-02-2?`L Federal Way City Council Regular Minutes Page 9 of 9 December 5, 2023