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Council MIN 12-04-2007 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall December 4,2007 -7:00 PM MINUTES (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the meeting to order at 7 :03 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar and McColgan present. DeputyMayor Ferrell was excused. 2. PLEDGE OF ALLEGIANCE Todd Beamer High School Jr. ROTC led the Flag Salute. 3. PRESENTATIONS . Certificates of Appreciation to Weyerhaeuser and Print Northwest for their support and contributions to the Human Services Brochure: Councilmember Burbidge presented a certificate of appreciation to representatives of the Weyerhaeuser Corporation for their contributions in producing the Human Services Brochure. Debra Hansen and Kim Hughes accepted. . Emerging Issues - City Manager Beets introduced a video on the Safe Cities Program which will provide 25 security cameras in the downtown core. This is a partnership between the Chamber of Commerce, the City and Target Corporation. This video will be posted on You Tube, the City's website and TV 21. Mayor Park stated that of the sixteen cities in the US participating in the program, Federal Way is the only west coast city. 4. PUBLIC COMMENT Mary Ehlis - spoke in support of the Camp Kilworth Extension Agreement. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the November 13,2007 Special Meeting and the November 20,2007 Regular Meeting - Approved b. Enactment Ordinance - 2007-2008 Budget Adjustments - Approved - Ordinance No. 07- 569 c. Enactment Ordinance - Setting the Property Tax Rate for 2008 - Approved - Ordinance No. 07-570 d. Enactment Ordinance - Amending SWM Fees - Approved Ordinance No. 07-571 e. Enactment Ordinance - Changing Name of Public Safety Department to Police Department - Approved Ordinance No. 07-572 City of Federal Way City Council Regular Meeting Minutes December 4, 2007 - Page 2 of 5 f. Enactment Ordinance - Correcting Various Non-substantive Errors in the Federal Way City Code - Approved Ordinance No. 07-573 g. Resolution: Amendments to Fee Schedule - Approved - Resolution - 07-513 h. S. 348th St. HOV Lanes (9th Ave S to SR 99) - 100% Design Status -Approved 1. Surface Water Infrastructure Maintenance and Service Contract - Authorization to Bid - Approved J. 2007 Asphalt Overlay Project - Final Acceptance - Approved k. Interlocal Agreement - City ofF ederal Way and Lakehaven Utility District for Office Space Occupancy - Pulled Councilmember Kochmar pulled Consent Item k. MOTION: Councilmember Dovey moved approval of Consent Items a-j. Councilmember McColgan second. The motion carried 6-0. Consent Item k - Councilmember Kochmar recused herself from this item as she is employed with Lakehaven Utility District. MOTION: Councilmember Dovey moved approval of Consent Item k - Interlocal Agreement - City of Federal Way/Lakehaven Utility District for Office Space Occupancy. The motion carried 5-0 with one recusal. 6. PUBLIC HEARING Mayor Park read into the record the process to be followed for the Public Hearing declaring property surplus and opened the hearing at 7: 19 PM. a. Surplus Property - 31600 20th Ave South (Old AMC Theatre Site) - Parcel No. 09-2104- 9021-08 . Staff Presentation (Includes Presentation on Proposed Purchase and Sale Agreement with United Properties re: Symphony Project) Economic Development Director Patrick Doherty reviewed the history on this piece of property including how the City came to own it and developed the subsequent purchase and sale agreement. Victor Setton of United Properties and Matt Roewe of Via Architects gave a presentation on the Symphony Project showing architectural drawings of the proposed plan. Mr. Setton stated they plan on submitting this project to the Puget Sound Regional Council Awards Council. Mr. Setton and Mr. Roewe reviewed the four phases of the Symphony Project which will include four towers each with a different unique look. Phase I is scheduled to take approximately 18 months; Phase n 24-30 months and Phases III and N are scheduled for completion 2-3 years after that. They reviewed development statistics and the range of housing prices. Mr. Doherty outlined the proposed Purchase and Sale Agreement reviewing the key articles. Article n outlined the total purchase price (in installments) of$6, 156,000,000; Article N outlined the scope of work, description, Safe Cities participation; design guidelines and development standards. Mr. Doherty also reviewed the Exhibits City of Federal Way City Council Regular Meeting Minutes December 4, 2007 - Page 3 of 5 to the Purchase and Sale Agreement highlighting Exhibit C - Scope and Design; Exhibit I - Maintenance; and Exhibit J- Joint Park Use. . Public Comment - 3 Minute Limit David West - spoke in opposition to the agreement stating no Lift (Local Infrastructure Financing Tools) funds are proposed for this project. He stated construction jobs should bring in higher wage jobs with solid benefits and apprenticeship programs. Steve Marquardt - spoke in opposition to the agreement stating United Properties did not disclose several problems on other projects. Ben Freitag - spoke in opposition to the agreement stating there are no guarantees to use apprenticeships in the agreement. An apprenticeship takes approximately six years, the approximate timeline ofthis project. Doug Strand -spoke in opposition to the agreement and asked the Council to take to heart what they have heard this evening and, if the Council approves the agreement, make sure it will bring living wage jobs to the City. Councilmember Kochmar asked Mr. Doherty if the City did due diligence when researching United Properties. Mr. Doherty replied positively. Councilmember Faison stated the issues raised regarding United Properties are not news to the Council- they were brought up in other meetings and the City feels they have been addressed. As far as prevailing wage rates go, Councilmember Faison stated those issues should be brought up with the developer. Mayor Park asked questions of Mr. Setton regarding the change in the apartments vs. condos. Mr. Setton stated the change from 60% to 25% rental units reflects Council concerns. Councilmember McColgan asked Mr. Setton to address the concerns raised in Public Comment regarding unions and prevailing wages. Mr. Setton stated he has spoken with Mr. Strand and United Properties has worked with labor unions before. . Proposed Resolution: Declaring Property Surplus MOTION: Councilmember Faison moved approval of the Resolution to Declare the Property at 31600 20th Ave South Surplus. Councilmember Burbidge second. The motion carried 6-0 - Assigned Resolution 07-514. 7. COUNCIL BUSINESS a. Proposed Purchase and Sale Agreement with United Properties re: Symphony Project- MOTION: Councilmember Faison moved approval of the Purchase and Sale Agreement with United Properties and authorized the City Manager to execute the agreement. Councilmember Faison further moved an amendment to allow the City Manager the authority to make minor revisions to the agreement. Councilmember Burbidge second. Discussion: Councilmember Faison asked that it be understood that this is a private development project and therefore the issue of prevailing wages should be addressed to the developer. City of Federal Way City Council Regular Meeting Minutes December 4, 2007 - Page 4 of 5 Councilmember McColgan encouraged the labor unions to work with developer. VOTE: The motion carried 6-0. b. Camp Kilworth Agreement Extension City Attorney Pat Richardson directed the Council to the revised agreement given to them this evening. She stated the appeal extends the agreement because the trustees have appealed a court order that would clear the title to the property. This Amendment would account for the pending appeal and future appeal by extending the deadline for the clearing title and for closing the sale, but the agreement does not have a date certain as there is no way of knowing when the appeal will be closed. MOTION: Councilmember Dovey moved approval of the first Amendment for the Camp Kilworth Purchase and Sale Agreement. Councilmember McColgan second. The motion carried 6-0. c. Crestwood Park PUD Settlement Agreement Councilmembers Dovey and Kochmar recused themselves from this vote. MOTION: Councilmember McColgan moved approval to authorize the City Manager to execute the Voluntary Mitigation Agreement between Northlake Crestwood Park LLC and the City of Federal Way for traffic mitigation fees. Councilmember Burbidge second. The motion carried 4-0 with Councilmembers Dovey and Kochmar recused. d. Acquisition of Goldmax Property (aka Kwon Property) MOTION: Councilmember Kochmar moved approval to authorize the City Manager to execute the necessary document for the purchase of the Goldmax Property. Councilmember Dovey second. The motion carried 6-0. 8. COUNCIL REPORTS Councilmember Kochmar praised the Safe Cities Program and the Developer Agreement with United Properties. She thanked the Public Works staff for their work during the recent winter storm, thanked the Police Department for obtaining the grant for the Safe Cities Program, and thanked the Parks Staff for providing the poinsettias in the front lobby area of City Hall. She also reminded citizens and businesses of the City's $10,000 Challenge Grant to fund Multi-Service Center programs. Councilmember Burbidge also praised the Developer Agreement with United Properties and announced the next meeting of the ParksIRecreation/Human Services and Public Safety Committee on December 11, 2007. Lastly, she reviewed regional committee meetings and upcoming community events. Councilmember Dovey reported on the Land Use Transportation Committee Meeting of December 3, 2007 where representatives from the Port of Seattle were in attendance to address airport noise. Councilmember Faison echoed the praise of the Developer Agreement with United Properties and stated the last Puget Sound Regional Council Meeting was cancelled due to lack of a quorum. Councilmember McColgan reported he and Councilmember Burbidge attended the Suburban Cities Association (SCA) Annual Meeting where they presented the budget and had their annual review. City of Federal Way City Council Regular Meeting Minutes December 4, 2007 - Page 5 of 5 Councilmember McColgan stressed the importance of continuing to work with regional committees and has been proud to serve on the SCA Board of Directors for the last four years. Mayor Park stated that Councilmember McColgan was recognized at the Suburban Cities Annual Meeting for his work and commitment over the years. Mayor Park also stated this is an exciting time for Federal Way; the Safe Cities Program will enhance the city center and the Symphony project should start breaking ground next spnng. 9. CITY MANAGER REPORT City Manager Beets announced the Executive Session immediately following IS scheduled to last approximately one hour with no action. Council adjourned to Executive Session at 8:31 PM. 10. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.110(1)(i) b. Purchase of Real Property pursuant to RCW 42.30.110(1)(b) 11. ADJOURNMENT Mayor Park adjourned the regular meeting at 9: 19 PM. ATTEST: