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Council MIN 07-17-2007 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 17, 2007 -7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the regular meeting to order at 7:04 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan and Deputy Mayor Ferrell present. 2. PLEDGE OF ALLEGIANCE Deputy Mayor Ferrell led the flag salute. MOTION: Councilmember Burbidge moved to amend the agenda to add the Award of the Contract for the Artificial Turf Soccer Field at Saghalie Park as item g-2 under Council Business, Section 6. Councilmember Kochmar second. The motion carried 7-0. 3. PRESENTATIONS a. City Manager - Introduction of New Employees City Manager Beets introduced two new employees: Cynthia Kiersey, Code Enforcement Officer and Ron Shreffler, Electrical Inspector. b. City Manager - Emerging Issues: . Fireworks Enforcement Update and Crime Reduction Update Chief Wilson updated the Council on the number of calls for service over the Fourth of July holiday; number of citations issues etc. He also gave a brief report, at the request of Deputy Ferrell, on crime reduction in neighborhoods. 4. CITIZEN COMMENT Bob Kellogg - comments read into record by City Clerk Hathaway. Mr. Kellogg addressed the redevelopment proposals of the old AMC Theatre site. Sally Ramos - former President of the Pilipino American Association of Federal Way - Ms. Ramos invited the Council and public to a cultural event on August 12,2007 at Decatur High School which will feature a movie intended to benefit the poor in the Philippines - the goal is to raise enough funds to build a village to assist the poor. City of Federal Way City Council Regular Meeting Minutes July 17, 2007 - Page 2 of 8 Robert Dambrough - spoke regarding a code enforcement issue/complaint at 2316 SW 33Sth Street and asked the City Council for assistance with getting the property cleaned-up as it is a hazard. Mr. Dambrough provided photographs. Peggy Gosselin - spoke regarding the same code enforcement issue/complaint; submitted photographs and stated the neighbors have worked with the Code Enforcement Division of City Hall and the City has fined the owner but still nothing has been done to remedy the situation. Ken Newton - spoke regarding maintaining manufactured home parks as an affordable housing option in King County. Mr. Newton lives in a mobile home park in the potential annexation area going to voters on August 21,2007; he asked Council to consider this issue as part of the annexation. Spencer Alpert - spoke regarding his proposal for the redevelopment of the old AMC Theater Site - the Villages at Steel Lake. Mr. Alpert submitted a memo highlighting potential revisions to Phases I and IT of the proposal in the event they are selected as the developer. Fred Konkell- Chair of the Parks and Recreation Commission - spoke in support of the maintenance building at Celebration Park (Council Business Item 6h). Mr. Konkell stated the Commission unanimously approved this item. Dini Duclos - spoke regarding the downtown development proposals and asked Council and citizens not to confuse low-income housing with affordable housing. She supports the Symphony project and asked that whichever project is selected, there be connectivity throughout. Mike Wozniak - thanked Council and staff for enacting and enforcing the fireworks ban. Nancy Combs - asked that the City not become another Bellevue. She also stated the need more traffic mitigation and police. Margaret Nelson - asked Council to take their time making a decision regarding the downtown redevelopment; she stated there are too many apartments in the City and read a comparison between Federal Way and the City of Sammamish regarding apartments, low-income residents, free school lunches etc. Perry Woodford - asked Council to approve funding for the artificial turf at the Saghalie Soccer Field. Natalie Weyand - asked that something be done about pan-handlers in the City; more be done to clean-up graffiti; and asked that Council take their time making the decision regarding the downtown redevelopment. Ted Weyand - supports high-rise development in downtown (Symphony Proposal); do not need more low- income housing in the City. Diana Noble-Gulliford - spoke in support of the Villages at Steel Lake proposal. Bruce Lee - Arts Commission member- asked that whichever decision Council makes regarding the redevelopment of the AMC site, a percent be dedicated to art. Hope Elder - asked that Council take their time in making the decision regarding the development proposals. She does not believe that either proposal meets the needs of the community. City of Federal Way City Council Regular Meeting Minutes July 17, 2007 - Page 3 of 8 Pat Roragen - spoke regarding the same code enforcement issue at 324 th and 23 rd Avenue brought up earlier in Public Comment. She stated the house and neighborhood are getting worse. George Pfieffer - spoke in support of the Saghalie Soccer Field Bid Award and the maintenance building at Celebration Park. Maria Sciacqua - asked Council to put a 90-day hold on selecting the developer for the old AMC Theater site in order to review the proposals further. Victor Setton - supports the Symphony Project for redevelopment and stated the project provides flexibility and is environmentally sound. H. David Kaplan - asked that Council not postpone decision on the AMC Theater Site. He prefers the fiscally- sound Symphony project. Tom Pearson - CEO of the Federal Way Chamber - thanked the Council for their hard work in getting to this point on the redevelopment of the downtown core. Marta Justus Foldi - spoke regarding the redevelopment proposals; does not want more apartments -likes the condo proposal with restaurants and businesses on lower levels. Deputy Mayor Ferrell asked for a report on the status of the code enforcement issue at the next meeting. Community Development Director Kathy McClung addressed stating the Code Enforcement Officers have taken the issue as far as they can; fines are being assessed but the problem is not solved. Ms. McClung asked to have the issue reviewed at a Land Use Transportation Committee (LUTe) meeting to review adjustments to the code. Councilmember Dovey agreed that it should be reviewed at LUTC. Deputy Mayor Ferrell still requested a report back at the August 7,2007 Council Meeting. Councilmember McColgan asked that Mr. Newton's concern regarding manufactured housing be reviewed at LUTC as well. 5. CONSENT AGENDA a. Minutes: Approval of the June 21, 2007 Special Meeting Minutes - Approved as Amended and July 3,2007 Regular Meeting Minutes - Approved b. Acceptance to Reallocate Human Service General Funds - Approved c. Interlocal Agreement with Puget Sound Educational Service District relating to Funding for Reinvesting in Youth - Approved d. Thompson Property/Cedar Grove Park Final Contract Amendment and Project Acceptance Approved e. Community Center Final Contract Amendment and Project Acceptance - Approved f. Lake Lorene 50% Design and Authorization to proceed to 85% - Request to Combine with Lake Jeanne Project - Approved g. Resolution: Setting the Public Hearing for 2008-2013 Transportation Improvement Program - Approved - Resolution #07 -501 h. Grant Funding for the Transportation Improvement Program - Approved 1. City Center Access Draft Public Involvement Plan - Approved City of Federal Way City Council Regular Meeting Minutes July 17, 2007 - Page 4 of 8 Mayor Park pulled Consent Item a. MOTION: Deputy Mayor Ferrell moved approval of consent items b-i. Councilmember McColgan second. The motion carried 7-0. MOTION: Consent Item a: Mayor Park asked that the July 2l, 2007 Special Meeting Minutes be amended to state the purchase and sale price for the west parcel of the Transit Center was $500,000, not $50,000. Deputy Mayor Ferrell second. The motion carried as amended 7-0. 6. COUNCIL BUSINESS a. Appointments to Diversity Commission MOTION: Councilmember Burbidge moved to appoint Chris Brown to the Diversity Commission to fill an unexpired term through May 31,2008 and Joy Thomas to a regular appointment expiring May 31,2010. Councilmember Kochmar second. The motion carried 7-0. b. Appointments to Ethics Board MOTION: Mayor Park moved to appoint Rick Agnew to a regular position on the Ethics Board with a term expiring June 30, 2010 and appoint Ramona Brandes as an alternate with a term expiring June 30, 2010. Councilmember Dovey second. The motion carried 7-0. c. Vouchers MOTION: Councilmember Faison moved approval of the vouchers as presented. Councilmember Kochmar second. The motion carried 7-0. d. May :Ame-Monthly Financial Report MOTION: Councilmember Faison moved approval of the May Financial Report. Councilmember Dovey second. The motion carried 7-0. (please note: the agenda listed this item as the June Financial Report in error). e. Emergency Equipment - Cary Roe Assistant City Manager Cary Roe discussed the need for additional equipment to address emergencies and reminded the Council of the problems encountered during last year's wind storm. Mr. Roe stated his intent is to use unallocated REET funds and grant programs. MOTION: Councilmember Dovey moved to authorize staffto purchase the additional emergency equipment (listed in the agenda materials) using unallocated REET, plus $100,000 grant program and $55,000 for a second generator. Deputy Mayor Ferrell second. The motion carried 7-0. f. Hearing Examiner Contract Approval MOTION: Councilmember Dovey moved approval of the award of the Hearing Examiner's contract to Phil Olbrechts and authorize the City Manager to execute the necessary contract documents. Councilmember Kochmar second. The motion carried 7-0. City of Federal Way City Council Regular Meeting Minutes July 17, 2007 - Page 5 of 8 g. Approval of Interagency Agreement between State Department of Personnel and City of Federal Way to Reimburse for Services for the Diversity Commission Retreat MOTION: Councilmember Burbidge moved approval of Option 1 - Authorizing the City Manager to enter into an Interagency Agreement with the Washington State Department of Personnel to reimburse for services provided by FLT Consulting for the Diversity Commission's retreat scheduled for July 31,2007. g.2 ADDED ITEM: Saghalie Park Soccer Field Bid Award Park Planner/Development Manager B. Sanders explained the addition to the agenda stating the expedited process will allow the City to have construction complete during the dry weather and reduce the impact to the youth soccer season. Ms. Sanders outlined costs of the field and stated that staff recommends awarding the contract to Atlas Track and Tennis. MOTION: Councilmember Burbidge moved adoption of the amended budget for the Saghalie Park Soccer Field as shown to include a $55,000 donation from the Federal Way Soccer Association and a $6,000 transfer from unallocated Park CIP funds for a total budget of$978,000; authorize the City Manager to sign a contract with Atlas Track and Tennis, for $841,358.37; establish a contingency of 10% and include design and construction management fees, for a total project cost of$977 ,650.21. Councilmember Kochmar second. The motion carried 7-0. h. Celebration Park Maintenance Building Councilmember McColgan reminded the public that he was the Councilmember who asked that this vote be postponed from the March 20,2007 Council meeting until after the May 15, 2007 School Bond vote in order to determine if a joint facility would be viable to consider. Councilmember McColgan stated that he is satisfied that due diligence is complete, staff researched the issue thoroughly and he is ready to vote. MOTION: Deputy Mayor Ferrell moved to accept the Celebration Park maintenance building plan and authorize staff to bid the project utilizing the Small Works Roster and return to full Council to award the bid to the most responsive, responsible bidder. Councilmember Burbidge second. The motion carried 7-0. 1. Select Preferred Developer for the AMC Theater Site - Economic Development Director Patrick Doherty reviewed the process/discussions to date: . reviewed the RFQ/RFP vision for the site; . summarized the proposals presented; . reviewed issues/questions raised at prior meetings; . reviewed the market and financial feasibility of the proposed projects; . defined "life-style retail"; . reviewed phasing questions; . presented photos of previous projects by both developers. Mayor Park asked Council to ask questions only and refrain from expressing opinions regarding the proposals until after all questions were answered. Deputy Mayor Ferrell asked if the Symphony development could go forth without the apartment component. Mr. Doherty stated United Properties has indicated that they could, however that raises questions about the absorption time and risks. This is in area that can be negotiated. City of Federal Way City Council Regular Meeting Minutes July 17, 2007 - Page 6 of 8 Deputy Mayor Ferrell asked if there were any pre-cast concrete condo/apt buildings in Washington that Council could tour. Representatives from the Symphony proposal stated they have one in Vancouver, B.c. but not in Washington. He further stated that the use of pre-cast concrete buildings is not new; their use in residential properties is new. Councilmember McColgan asked if the movie theater proposed in the Steel Lake Village proposal could be developed for other uses in light of the recent Century Theater opening in the Commons. Mr. Doherty stated it could be developed for other retail/office uses. Councilmember Kochmar asked if the park proposed for the Symphony project is part of the first phase. Mr. Doherty stated 2/3 to 3/4 of the park is planned in the first phase. Councilmember Dovey asked about having apartments and condos in the same buildings. Mr. Doherty stated that is not how it is usually done; if it is mixed use usually apartments are in one building - condos in the other. He did state that mixed residential does exist and he could try and get the names of some of those developments. Councilmember Dovey asked about crime rates and if most calls for service were in multi-family or single- family zones. Police Chief Brian Wilson stated that the number of calls for service is higher in multi-family zones because the density is higher. Crime prevention can be addressed through environmental design. · Council Discussion/Decision Councilmember Faison stated the Council needs to understand the Federal Way Market. All seven responses to the Request for Proposals (RFP) came back stating that the residential competent is high and would have supporting retail and office space. A 4.5 acre site development is not going to solve all the problems facing the City. He believes there is room for both types of projects in downtown just not on this site. Both plans provide for flexibility. The question is which plan best meets the comprehensive plan vision and the qualifications published the Request for Qualifications (RFQ)? Councilmember Faison stated he believes that developer is United Properties. Councilmember McColgan stated that in Council discussions with Leland Consultants they indicated the market was right for "lifestyle retail" yet all seven proposals came in without that component. Regardless, he feels the Council should continue the goal of creating a healthy robust sales tax base. Councilmember McColgan stated he does not like the apartment component of the Symphony project and likes the increased retail component of the Steel Lake Village proposal. Councilmember Dovey stated over the last several months, Council has engaged the public and consultants regarding this project. He believes a mistake was made when Council allowed the "lease and own" component to be placed in the RFQ. MOTION: Councilmember Kochmar moved to suspend the rules to allow the meeting to go past 10:00 PM. Councilmember McColgan second. The motion carried 7-0. Councilmember Burbidge stated one development is not going to achieve all of the City's goals but will lead the City in the right direction. She does not share the negativity she has heard regarding apartment living. The Symphony project offers a wide range of income levels. Councilmember Kochmar stated F ederal Way is not a microcosm unto itself and we need to plan regionally. She addressed the Puget Sound Regional Council's 20/40 plan that addresses what core cities, as Federal Way is defmed, are expected to absorb. She stated that "going vertical" accommodates our expected growth and she believes there is room for both types of projects within the downtown core, just not on this site. City of Federal Way City Council Regular Meeting Minutes July 17, 2007 - Page 7 of 8 Mayor Park stated that one project will not satisfy everyone or everything. Both projects have flexibility built into them and it is important to remember that whichever developer is chosen, the City will still negotiate with them to refine the plan. Deputy Mayor Ferrell strongly feels that the Symphony project does not meet the vision previously discussed regarding life-style retail. He believes that the Steel Lake Village project will best meet the vision. Councilmember Faison reminded the Council and the public that all seven members of the City Council approved the Request for Qualifications. He stated "life-style retail" is the ultimate goal but this site is too small to accommodate it. Councilmember Dovey stated the City will develop the best possible project regardless of which proposal is selected. Councilmember Burbidge stated that a combination of apartments/condos can work and United Properties offers a strong financial incentive. MOTION: Councilmember Faison moved to direct the City Manager and staff to begin exclusive negotiations with United Properties, leading to a draft Disposition and Development Agreement "DDA" to be presented to the City Council for approval. Detailed due diligence shall be conducted of this RFP respondent with corresponding findings to be presented in tandem with the proposed DDA for Council approval. Councilmember Burbidge second. Discussion: Mayor Park stated that in making his decision he will look at which proposal will best benefit the city overall both financially and in terms of quality of life. Councilmember McColgan stated he will vote against the motion. He prefers the Steel Lake Village Project. VOTE: United Properties Proposal Approved 4-3; Councilmembers Dovey, McColgan and Deputy Mayor Ferrell dissenting Mayor Park thanked the citizens who participated in these discussions and voiced their opinions. 7. COUNCIL REPORTS Councilmember Burbidge stated the Symphony Garden Tour will take place on July 21,2007 from 10 AM . to 5 PM. Mayor Park reported that he and City Manager Beets will meet with State Legislators on Tuesday, July 24, 2007 and the next Annexation Outreach meeting will be held on Thursday, July 26,2007. 8. CITY MANAGER REPORT City Manager Beets stated Council will adjourn to Executive Session on Potential Litigation pursuant to RCW 42.30.110(1 )(i), expected to last approximately 15 minutes with no action. City of Federal Way City Council Regular Meeting Minutes July 17, 2007 - Page 8 of 8 9. EXECUTIVE SESSION Council adjourned to Executive Session at 10:32 PM a. Potential Litigation pursuant to RCW 42.30.110.(1)(i) 10. ADJOURNMENT Mayor Park adjourned the Regular Meeting at 11 :08 PM. ATTEST: