Council MIN 09-01-2016 SpecialFederal Way
CITY COUNCIL
STUDY SESSION MINUTES
Council Chambers - City Hall
September 1, 2016 — 7:00 p.m.
www cityoffederalwa v. com
1. CALL MEETING TO ORDER
Mayor Ferrell called the Study Session to order at 7:06 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. STUDY SESSION - Application Review Processes for the IRG Property
Mayor Ferrell and the Council discussed the possibility of amending Council Rules of Procedure to
reduce the three minute allotment of time due to the large number of public comments. Per Council
discussion no change was made.
• Staff Presentation — Mark Orthmann, Acting City Attorney
Acting City Attorney Mark Orthmann gave an overview of zoning and concomitant agreements in
general, the Weyerhaeuser Company Concomitant Pre -Exit Annexation Zoning Agreement, and the
process city uses to review and grant or deny development applications. When discussing the
processes of the city review an outline of timing and public input opportunities was outlined.
Chief of Staff Brian Wilson provided information regarding the efforts of the Mayor's Office, Council,
and city staff after Weyerhaeuser's announcement in October of 2014 that they were going to leave
Federal Way and sell their property as well as after the sale announcement in February of 2016.
Tom Messner, Vice President of Industrial Realty Group (IRG), gave a presentation discussing the
property and attempted to share their vision /objective for the project. He indicated that they plan to
rejuvenate the headquarters building and also develop portions of the 300 acres (Preferred Freezer is
4.4% of the available land). He also introduced the development team: ESM Consulting, Talasaea
Consultants, GeoEngineerrs, Transportation Engineering Northwest, Collins - Woerman, and
McCullough Hill Leary.
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R.J. Burton, Vice President of Victory Unlimited, provided a brief presentation regarding the Preferred
Freezer project and discussed construction of other Preferred Freezer building in the nation and
through Washington State. He introduced Mr. Brian Beatty, President of Preferred Freezer Services
who explained what Preferred Freezer is and their desire to be good neighbors. He shared that Orca
Bay Seafood is a local company that wants to provide a quality product while also adding to the
community.
4. CITIZEN COMMENT
H. David Kaplan, spoke in concern regarding earthquakes and what measures the applicant has
taken to mediate this concern. He also asked for a tree retention plan be submitted and feels the city
should require an environmental impact statement.
Rick Aramburn, Attorney representing the North Lake Improvement Council feels the priority of the city
should be the community and not jobs. He also feels this project has been "marketed" this evening
rather than presented. The binding nature of the 1994 concomitant agreement will be challenged and
he is asking the Council to adopt a moratorium to study these issues.
Simone Perry, member of the group "Save Weyerhaeuser Campus" and Northlake Neighbors, is
concerned over introducing a more realistic estimate of over 200 truck trips a day, not the 50+ which
has been stated.
Lori Sechrist, thanked city staff and council for study session and is hopeful the city does not turn over
our greatest resource. She urged a moratorium to allow for time to research issues such as the
legality of the 1994 agreement.
Richard Pierson, appreciates the meeting tonight and has lived in here for many years. He formally
submitted comments before the deadline regarding the project. He feels there were questionable
decisions made to allow this and asked for a moratorium
Koorus Tahghighi, is concerned with the zoning of the property and the industrial use. He asked the
Council to protect the community and the campus. He also asked about current and future capacities
of drainage, public roads and public utilities.
Julie Cleary, is very concerned about the neighborhood and feels this proposal is not the highest use
of the property. She questioned the legality of the 1994 agreement and hopes this is not a done deal
as this is an industrial development that does not belong in this area. She asked Council to consider a
moratorium.
Ron Beckerdite, thanked Council for the Study Session, however feels it is about 9 months late. He
submitted a written comment within the comment period for the project. He lives on North Lake and
loves the nature and wildlife on his property.
Margaret Nelson, spoke over concern of buffers and lack of buffers. She reviewed the plans and feels
the Orca Building will be up on a hill and be visible from the Weyerhaeuser campus and the iconic
views.
Julianne Patterson, Washington Trust for Historic Trust Preservation, feels there has been a lack of
attention regarding the historical element of this property on the SEPA evaluation.
Brooke Best, Preservation District in Seattle /King County, submitted written comments on the project
prior to the deadline. She is also concerned with the historical aspect of this property and the historic
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value the Weyerhaeuser campus as it has received national recognition for the building. She is
requesting a full EIS on this project with comprehensive analysis.
Larry Flesher, requested the Council re- evaluate the impact studies.
Jean Parierti, longtime resident feels this project does not meet the intention of the Council who
approved the 1994 concomitant agreement. She visited the State Archivist and reviewed the records.
She requested a master plan and a moratorium.
Leah Boehm Brady, represents the 320th neighbors and requested a moratorium. She cares what
happens to this treasure, including the trail system and wildlife which will be affected.
Geoffrey Hastings, requested a moratorium. When the property was sold, citizens were told it would
be developed as a part of the vision of Federal Way. This project will only bring low paying jobs and
not more desirable high tech jobs.
Mary McClellan Aronen, North Lake and all the surrounding property is part of the North Lake Water
Shed. She is concerned with this project and its effects on the tributaries that flow into the Hylebos
watershed. She is calling for a moratorium and a complete environmental assessment.
Lynn Naumann, feels this is a unique and pristine area that is now on the chopping block. IRG is
attempting to piece meal this property into pieces; she asked for a full EIS and comprehensive
development plan.
Norm Fiess lives just outside the city limits near the property and has seen the traffic increase. He
feels this growth is not planned and well thought out, and the campus is being cut and sold off in
pieces. He does not agree with decisions being made and asked for a 6 month moratorium.
Vicki Kirchner, 21 year resident and spoke on behalf of World Vision who has concerns with this
project including traffic impacts to their employees and tenants in the area. She is requesting a
moratorium until concerns are addressed.
Dennis Forsyth, stated this is not an industrial zone. This proposed building will stand in contrast to
the iconic Weyerhaeuser campus as will be bleak, cold, and unattractive.
Diana Noble Gulliford, Spoke on behalf of the Historical Society about the historical significance of the
Weyerhaeuser Headquarters building.
DeeAnna Escobedo, Auburn resident is an advocate of jobs but not at the expense of our
environment. She is also concerned with water quality and environmental issues.
Jana Van Amburg (written comments) feels this is not responsible development and is against
industrial zoning.
Elizabeth Kari, is concerned that the city is not being honest. She discussed a Federal Way Mirror
article and suggested that city and regional officials knew more of this proposal than they have stated.
Rod Lealand, was the facilities director for 34 years for the Federal Way School District and currently
lives on Lake Kilarney. He shares the concerns expressed tonight. He has worked with the city on
various projects during his employment and is asking for the same treatment as equal partners on this
project. He feels the city and the citizens have a shared interest.
Cherisse LeProuse, grew up in and currently lives in Federal Way, where she raises her family. She
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does not feel manufacturing and processing should be allowed in this zone. She is urging Council to
enact a moratorium to study this issue further.
Kelly LeProuse, longtime resident of Federal Way, feels this type of development will not enhance the
community. He references the 2013 Parks, Recreation and Open Space Plan and the Growth
Management Plan; he encouraged the development of open space.
Samuel Jones lives on Lake Killarney and drives daily through the Weyerhaeuser woods. He
shared that the legacy of Weyerhaeuser and the spirit of the community is as important as money
and that the Council needs to protect it as well.
Bruce Honda (Written Comments) noted concerns over comments made by a Councilmember at a
community event. He feels as a long term employee, Weyerhaeuser would not have developed the
property if it had not been sold.
Cindy Flanagan, of the Rainer Audubon Society is asking Council to protect the Weyerhaeuser
campus. Critical areas are being affected with this project and questioned the 1994 agreement. She
asked about the buffers and requested the city view the property as one area and not six separate
parcels.
Brian Smith, thanked the Council for the study session. He noted all the citizens have the same
comments against this proposal. He feels this project is not what the city needs and the jobs created
are not the jobs the city needs. This area is a gem for our community, he asked the Council to have a
vision for the future.
Debra Kraft, resident who has medical practice in Federal Way who opposes the plant. This is the
last wild natural area in Federal Way and needs to be preserved — especially the Rhododendron
Garden and the Bonsai Garden.
Richard Gilbert, lives in West Federal Way near Dash Point State Park. He is opposed to the project.
He specifically addressed noise issues and the mischaracterization of the Tech Center as currently
being industrial.
Anna Biryukova feels strongly this area is not appropriate for an industrial fish processing plant. She
does not want Federal Way to become like industrialized Renton.
Tony Armstrong met George Weyerhaeuser and he noted this application would be laughable to him
and is also contrary to Puget Sound Regional Council; he suggested this proposal be rejected.
Marianne Moore (written comments) called for a moratorium on development of the former
Weyerhaeuser campus due to traffic, pollution, and destruction of environmentally sensitive areas.
Joann McGovern (written comments) questioned controls of prime property, and feels this property
deserves preservation and does not agree this project is considered light manufacturing; she urged a
moratorium.
Jerry Graham (written comments) does not feel this is the appropriate zone for this project.
Greg Caudill (written comments) opposed to the development of a fish processing plant, and feels
real estate values will suffer.
Rhiannon Auree (written comments) asked Council to save the open space and trees for future
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generations.
Jacqueline Moore (written comments) is against the project which will increase traffic, noise and
destruction of native environments.
Bill Bowman (written comments) asked for clarification on the zoning the city granted Weyerhaeuser.
Jean Matthew (written comments) disappointed in this project which will not benefit the community.
Ron Lepesky (written comments) concerned with traffic and land use impacts.
Ann Hardviche (written comments) is strongly against the proposal and feels the property is a great
gift to the city providing walking trails and open spaces. She is concerned what consequences will
come in the form of erosion, and depletion of the ground water aquifer.
Betty Taylor, believes in public comment and would like to see the media present. She feels Federal
Way is not the place for a "fishery" and this will be a negative impact on Federal Way. She also is
concerned the citizens are the last to know about projects.
Jon Lindeuaner requested an Environmental Impact Study (EIS) be conducted and believes the
piecemeal application is the applicants way of getting around such requirements. He shared that the
only reason the wetlands could be considered seasonal is due to the fact that they are pumped
consistently through the year.
Lisa Johnson, thanked Mayor and Council for staying late for this meeting. She noted there have
been many good points and questioned the cutting of the fish and the remaining food products and
cleaning of the facility.
Kenneth Light has lived on Lake Killarney for over forty years and questioned the integrity of the
Council. He has watched the development on this land since Luther Land and believes promises
have been broken.
David Thomsen shared his experiences in this region since the mid - eighties.
Ron Lepeska, (written comments) is concerned with traffic and land use impacts.
Suzanne Vargo is very concerned as her family worked for Weyerhaeuser and she has walked the
trails for 15 years. Weyerhaeuser has nothing to do with the decision or this project. She is also
concerned with the new ramp in the area which already added extra noise, traffic and pollution of the
area. She is discouraged there was a meeting for the refinery in Tacoma and not for this project.
Walter Brooks (written comments) feels the property should be re- purposed for a major educational
institution.
Marc Verzam, concerned with the term "Auxiliary use ". He feels there is no common sense being
applied to the project.
Jeff Recor owns a trucking company and feels the estimate should be over 200 trucks in a 24 hour
period. He is also concerned over where these trucks will stage or wait; creating a conga line of semi -
trucks. He encourages the Council to carefully consider and reject the proposal.
Erin Smith Abordara (written comments) concerned over development on the former Weyerhaeuser
campus and noted the building has won many awards and the area is already a traffic check point.
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Katherine Hinkle (written comments) concerned over additional semi - trucks in this area and increase
traffic congestion.
Ken Christensen (written comments) requested a full environmental SEPA review with impact
statements.
Paula Bae Renwod, 18 year resident that also wants to look at the cumulative effect of development
and the impact the noise will have on the animals.
Michael Hemphill, with the Andover Company and has been given an assignment by IRG to find
tenants for the tech center. IRG is doing their best to back fill tech center with great tenants and to
find great corporate citizens.
Peggy Mays Johnson (no comment sheet filed) has been involved in politics and environmental
causes since 1968 and has attended many meetings. She has never heard such a high level of
discourse and applauded the citizens.
Council Discussion /Questions:
Councilmember Maloney thanked the residents for speaking and appreciates their time for such an
important issue and landmark property in our community. She noted the Council has been told they
have no legal authority in this process. She also noted she is concerned the Council was notified late
in this process; and she was not aware of the 1994 agreement prior to this project.
Councilmember Duclos also thanked the citizens for their comments tonight and asked what role the
Council has in this process.
In response, Acting City Attorney Mark Orthmann noted a Process IV would go directly to the Hearing
Examiner. This project falls under Process III which goes to the Community Development Director first
with any appeals being heard by the Hearing Examiner. He clarified Council cannot take action on
approval or denial any permit in this circumstance.
Mayor Ferrell stated this Study Session was called per Council Rules by two Councilmembers. The
purpose of the meeting was to give citizens the opportunity to provide comments on the project and to
provide a clarified legal framework of the process. No action can be taken at a Study Session; he
noted the next regular City Council meeting will be on Tuesday, September 6th at 7:00 p.m. Mayor
Ferrell also cautioned this application has already been filed and deemed complete; and deserves
equal treatment under the law.
Councilmember Honda also spoke to the decision to call the Study Session. She felt the need to hear
from concerned citizens and did not want to wait until the next regular meeting. Under Council Rules,
the Study Session was the best option to provide citizens with the opportunity to make comments.
Councilmember Moore appreciates all the comments and will continue to ask questions.
Councilmember Koppang was concerned with setting up false expectation; however he feels it is
important to continue communication. He noted all comments are being read and responded to and
the amount of comments tonight reinforces the issue of concern.
Councilmember Assefa- Dawson thanked everyone who spoke tonight and that this meeting has
provided the citizens with a platform to not only speak to the Council, but the developers in the room.
She is looking for a win -win situation; and thanked everyone for the comments and education on the
project and the property.
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Councilmember Honda noted the next council meeting is next Tuesday, September 6th. She hears
and sees the anger and frustration, and knows the importance of the Weyerhaeuser property to the
community and especially to her family.
Councilmembers noted they appreciate the comments and will continue to hear comments and be
responsive; as they continue to work on the behalf of the community.
5. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Study Session at 11:26 p.m.
Attest:
•• h - nie Courtney
City Clerk
Approved by Council: £9/2O/ /(P
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September 1, 2016