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Council MIN 09-06-2016 RegularFederal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall September 6, 2016 — 7:00 p.m. www cityoffederalwa v. com 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at 7:08 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa- Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, Acting City Attorney Mark Orthmann, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATION a. Mayor's Key to the City — Joann Piquette Mayor Ferrell was pleased to be able to honor and present Ms. Joann Piquette with the Mayor's Key to the City. He reflected on her tenacious spirit in making the dream become a reality with the Performing Arts and Event Center rising out of the ground. He also thanked her for her dedication and service given to the community dating back to her service on many early Boards and Commissions. Ms. Piquette thanked the Mayor for this honor and she also thanked everyone who has recognized the importance of the Performing Arts and Event Center project and shares this recognition with all those who have equally supported the project. She noted the idea of a performance hall predates the city's incorporation back to 1989. She has enjoyed living in the community since 1961 and served on the Human Services, Arts Commission and Lodging Tax Advisory Committees. b. Swearing -In of New Police Officers Chief Andy Hwang was pleased to announce and introduce the newest members of the Police Force including: Officer Shane A. Winnings, the most recent entry level officer who graduated from the academy in August and is currently in the field training program; Officer Donovan Heavener, who was an original member of the Federal Way Police Department has returned after relocating to Wisconsin; and Officer Gary Kopis, a lateral recruit from the Honolulu Police Department. Mayor Ferrell administered the Oath of Office and congratulated the officers. Federal Way City Council Regular Minutes Page 1 of 8 September 6, 2016 c. Recognition: Ms. Black Washington Councilmember Assefa- Dawson introduced and presented a certificate of recognition to Ms. Black Washington De'Vaughnn Williams who grew up and currently lives in Federal Way. Ms. Williams spoke passionately about her platform and her background where she worked to overcome early circumstances. She thanked the Mayor and Council for the invitation to be recognized this evening, and was excited to be there. BRIEF RECEPTION HONORING JOANN PIQUETTE At 7:31 p.m. Mayor Ferrell announced the Council would recess for a brief reception honoring Key to the City recipient Joann Piquette. Mayor Ferrell called the meeting back to order at 7:50 p.m. d. Proclamation: Mayor's Day of Concern for the Hungry Mayor Ferrell read and presented the Proclamation to James Kelly, Manager from the Emergency Feeding Program. Mr. Kelly thanked Mayor Ferrell and Council for the recognition of the upcoming Food Drive to feed children who feed thousands of families. He encouraged everyone to visit their local grocery stores on Saturday, September 17th for the food collection. e. Proclamation: Constitution Week September 16th -22nd Deputy Mayor Burbidge read and presented the Proclamation to Sally Jarvis, Lakota Chapter of the National Society of Daughters of the American Revolution, a non - profit women's service group. Ms. Jarvis spoke on the importance of our Constitution and the importance of honoring it and those who wrote it. She thanked the Mayor and Council for the Proclamation. f. Proclamation: National Recovery Month — September 2016 Councilmember Moore read and presented the Proclamation to Geoff Miller from King County Department of Community and Human Services. Mr. Miller thanked the Mayor and Council for the Proclamation and noted that as a resident of Federal Way since 1998 it is always gratifying to see the community support. g. Mayor's Emerging Issues and Report • Report on IRG Property Proposal — Orca Bay Seafood /Preferred Freezer Acting City Attorney Mark Orthmann gave a brief update to Council on the application for the Orca Bay Seafood /Preferred Freezer project on the IRG Property. The application was received and deemed complete, and has gone through the standard notice and comment period. The application is under review parallel and concurrently with the SEPA review. Once the SEPA determination is issued, there will be an additional public comment period followed by the city making the Use Process decision. Additionally, he noted the city had a pre - application meeting with KG Investments for another project on the IRG property. Councilmember Maloney noted at the Study Session there was a comment made that Council gave their authority away in 2014 and that is inaccurate, that occurred in 2009. • Summer Movie Night at Town Square Park Recap Parks Director John Hutton, reported on the recent Movie Night at Town Square Park. The movie "Inside Out" was a big hit, along with some old- school cartoons which started off the evening. Over 750 servings of popcorn were enjoyed and it was a great family friendly event. Federal Way City Council Regular Minutes Page 2 of 8 September 6, 2016 • Building of Town Square Park - Photo Slideshow Mr. Hutton also displayed a progression of pictures of the park from the beginning of construciton to where it is currently. The park is a huge success and is very heavily used and enjoyed by the community. • Back to School Safety Chief Andy Hwang spoke briefly about the first day of school tomorrow, and the Departments Back -to- School safety plan. He noted officers will be highly visible and school zone photo enforcement cameras will be active. He urged citizens and drivers to be aware and extra cautious in and around school zones. • Lake Jeane Testing Results Surface Water Manager Theresa Thurlow gave a brief report to Council on the weekly sampling being done at Lake Jeane. The samples are taken every Wednesday from August 2016 through September 2016. She reviewed the testing results, showing each week for 5 weeks. She noted the lake has not met the criteria for toxic levels. In response to Mayor Ferrell's question, Ms. Thurlow stated she does not believe the lake is currently toxic. Councilmembers asked about the smell at the lake and the difference in testing standards. Ms. Thurlow explained there are different levels for bodies of water that may be used for drinking water versus recreational and occasional exposure. Lake Jeane is one of the two privately owned lakes by the Twin Lakes and Golf and Country Club. Council also stated disappointment that this lake has not been treated. • Pacific Harbors Council Inquiry re: Camp Kilworth Acting Community Development Director Scott Sproul reported Pacific Harbors Council has recently come to the city to inquire about potentially clearing dangerous and diseased trees on the property. In response to Council questions, Mr. Sproul reiterated there has not been a permit filed. 4. CITIZEN COMMENT Cynthia Piennett provided the status of the Capital Campaign on behalf of the Board of the Federal Way Coalition of the Performing Arts. She presented a check to the city for $4,500, which raises the total contribution to date to $878,289. Bill Fuller, Fire Commissioner, on behalf of South King Fire and Rescue invited the Mayor, City Council and public to attend their annual the 9/11 memorial ceremony at Station 64. It will begin at 12:30 p.m. Mayor Ferrell recognized State Representative Linda Kochmar as being in attendance. H. David Kaplan spoke to outstanding issues with the proposed development on IRG Property. Clear cutting 19 acres is not in the spirit of the 1994 Concomitant Agreement nor in accordance with City of Federal Way Tree Regulations. Additionally he looks forward to a revision to item 13 in the SEPA Checklist in regards to historic preservation as it was not addressed properly. Federal Way City Council Regular Minutes Page 3 of 8 September 6, 2016 Michael Brown stated that the North Lake Community understands the property will be developed but they are fighting to preserve the character of the campus. This property is Federal Way's crown jewel and should not be allowed to be destroyed. Margaret Nelson spoke about Orca Bay Seafood project. She questioned if 320th and Weyerhaeuser roads are designed and engineered for the proposed use. She also had questions for Council regarding hiring a licensed forester per the Concomitant Agreement; Hylebos Drainage issues; and the notification pipeline from the Community Development Department to the Council, Planning Commission, and citizens. Chelsea Globe, pastor of Christ Lutheran Church, invited Council and the community to attend an event for Blessings of First Responders. This will occur Saturday, September 10th at 11:00 a.m. at the Farmers Market. All religious groups are invited, but especially the first responders. Koorus Tahghighi wants the east campus to be viewed in its entirety before development including traffic studies, environmental impact statements, hydrology studies, and archeological and historical preservation aspects. He provided copy of aerial photo showing footprints of proposed development to the City Clerk to provide to City Council. Mary McClellan Aronen, a 65 year resident of Federal Way, asked for a moratorium on the proposed IRG Development until all relevant environmental issues /concerns are brought forward and remediated. She spoke regarding the North Lake Watershed and the impact the proposed development and filling of wetlands may have. Dana Halloway questioned what is meant by the term "new generation jobs" as used in the city's Economic Development Strategy. She also asked about the process for hiring a new Community Development Director; whether it is a decision made by the Mayor or if Council /staff is involved. What is the process a citizen should follow to stay apprised of development proposals and their status? Mayor Ferrell spoke to the hiring process for the Community Development Director. He shared that a regional search had occurred to recruit candidates and that interviews will be interviewed by three separate panels. He will receive feedback from these panels, but ultimately the decision is the Mayor's subject to Council confirmation. Mayor Ferrell also spoke in regards to City Attorney position indicating that the same process will be followed; including staff, Council, and community input. Debra Hansen, 35 year resident of Federal Way with 25 years in the North Lake Community. She is concerned about noise, traffic, the environment, and the property is being handled one parcel at a time which circumvents the environmental process. She requested a six month moratorium. Laurie Sechrist asked the city slow down the destruction of the city's last remaining open green space. She requested Council adopt a moratorium to take a pause and obtain more information and correct glitches in policies. She also requested staff use Process IV for any and all further development on this property. Larry Flesher expressed appreciation for allowing the public to look into the five Community Development Director Candidates and shared concerns regarding the decision making process. Simone Perry shared that citizens living east of Interstate 5 already feel cut off from Federal Way as they are unable to get into downtown Federal Way after 3:00 p.m. on any given day and instead shop in Milton or Auburn. These proposals and truck traffic will only make it worse. Federal Way City Council Regular Minutes Page 4 of 8 September 6, 2016 Jana Van Amburg expressed her concerns regarding the decision making process and requested a moratorium. Norm Fiess believes that in an attempt to avoid a lawsuit from the developer, the city has opened itself up to lawsuits from citizens. He requested the city place a moratorium on all CP -1 and OP -1 zone development. Richard Pierson, North Lake Community for over 40 years requested a moratorium be invoked for the east campus and other CP -1 /OP -1 Zone developments until a holistic view of the cumulative impacts are considered in their entirety. He also submitted a letter written by King County Councilmember Pete von Reichbauer and asked the City Clerk to read letter into the record. City Clerk Stephanie Courtney read letter from King County Councilmember Pete von Reichbauer into the record. Julie Cleary spoke about the Environmental Health Section, Item 3, of the State Environmental Protection Act (SEPA) Checklist for Preferred Freezer. She has a report on the chemicals being used, many of which are on the EPA list. She feels it is dangerous to the residents, especially those located only 300 feet away. She requested the city enact a moratorium. Jerry Graham has been in the community for 40 years in the community and wants the moratorium. He shared that corporate office space would better complement and blend in with the community. He also questioned the lack of public notification in this process. Gary Heil, newcomer to the area has discovered that the desirable areas are on the Eastside of King County while the less desirable neighborhoods are in the south end. He feels that Federal Way is in the middle and finds itself at a tipping point can go either way. Geoffrey Hastings wants the city to pause and make sure that they are on target before they pull the trigger. He agrees that a moratorium is needed. Cindy Flanagan represents the Rainier Audubon Society and is concerned about the SEPA process for Preferred Freezer in that they disagree with the Critical Areas Assessment and Historical and Cultural Significance. Dee Anna Escobedo learned many things at the end of the Study Session on September 1st; she will continue to be involved in the process. She shared the process again and counseled citizens to stay involved and help keep the vision. Suzanne Vargo walks the property daily wants to know why the Orca Bay website states they will be open in 2017 if the project has not even been approved. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety 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: August 9, 2016 Regular Meeting b. Monthly Financial Report — July 2016 Federal Way City Council Regular Minutes Page 5 of 8 September 6, 2016 c. Vouchers — July 2016 d. Knutzen Family Theatre HVAC Replacement e. Telephone System Replacement f. Community Center Surveillance System Replacement DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. ORDINANCES Second Reading a. Council Bill #710 /Level 3 Communications, LLC Franchise AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE ORDINANCE AS PRESENTED; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 7. COUNCIL REPORTS Councilmember Duclos thanked everyone for sharing their thoughts and concerns; it shows dedication to the community and the things they care about. She appreciates the testimony. Councilmember Moore was pleased to be able to read and present the National Recovery Month Proclamation earlier this evening, and thanked the Mayor and Deputy Mayor for that honor. He echoed the comments of Councilmember Duclos and thanking everyone for the input and comments tonight and at the study session (regarding the IRG property). He also thanked Surface Water Manager Theresa Thurlow for her report and continued testing of the lake; he would like to be updated on steps being taken. Federal Way City Council Regular Minutes Page 6 of 8 September 6, 2016 Councilmember Koppang acknowledged the frustration felt in the community; he assured citizens that the Council is listening and being heard. He stated the Council is engaged and reads all the emails and letters, as well as listens to public comments. He also reported on attending a recent naturalization ceremony for new citizens to the country. His mother was an immigrant and he appreciates the freedoms in this county. He attended the DESNA cup — a wonderful community event which hosted a soccer tournament, volleyball, boxing and a car show. He also attended a budget training session recently and looks forward to the upcoming budget meetings. COUNCILMEMBER HONDA MOVED TO SUSPEND COUNCIL RULES TO CONTINUE THE MEETING PAST 10:00 P.M.; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes Councilmember Honda thanked those who are speaking to Council by emails, phone calls, or stopping them in grocery stores and shopping malls — she welcomes their comments and concerns. She believes this issue is not over and is hoping the right thing is done for the city and those who live here. She noted she attended the 12th Annual Lions Car Show, which brings in hundreds of people from the area. She thanked the Parks Department staff for the amazing Summer Sounds Concert series, and briefly reported on the King County Domestic Violence Task Force and Board of Health meetings. Councilmember Maloney added her thanks for the residents who spoke tonight and those she has spoken with over the phone and via email; she appreciates the information and the comments. She has heard concerns outside of Federal Way and believes this issue impacts more than just the residents; she would like to see collaboration and a win -win situation for both sides. She has attended many events in the last month and would specifically like to thank the Historical Society for their event on music history. She noted the LUTC Committee would like staff to look at historically significant buildings in our city. Councilmember Assefa- Dawson thanked the residents who attended tonight and last Thursday's Study Session regarding the IRG property. She feels the comments are very informative and educational. She thanked Mr. Jerry Korum for sponsoring the recent Advancing Leadership event and investing in the youth. Deputy Mayor Burbidge expressed her appreciation for the comments, questions, testimony and the amount of passion in the presentations this evening and last Thursday. She noted the next meeting of the Lodging Tax Advisory Committee would be next Wednesday at 8:00 a.m. She attended the South County Area Transportation Board meeting where Sound Transit update and travel trends report was presented. She would like to see a presentation by Sound Transit and King County Metro in the near future. She congratulated Ms. Joann Piquette for receiving the Key to the City; her work and dedication are widely known in the community. 8. EXECUTIVE SESSION • Potential Litigation pursuant to RCW 42.30.110(1)(c) canceled 9. ADJOURNMENT Federal Way City Council Regular Minutes Page 7 of 8 September 6, 2016 There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 10:06 Attest: hanie Courtney C Clerk Approved by Council: 0/20/ /LP Federal Way City Council Regular Minutes Page 8 of 8 September 6, 2016