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Council MIN 09-20-2016 RegularFederal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall September 20, 2016 — 7:00 p.m. 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. PRESENTATIONS a. Proposed King County 2017/18 Solid Waste Disposal Fees Mayor Ferrell welcomed and introduced King County Strategy, Communications and Performance Manager Meg Moorehead. Ms. Moorehead gave a brief update on the proposed Solid Waste rate increase for 2017 -2018. She noted it has been four years since the last rate increase and this change will become effective beginning January 2017. The fee as proposed, will relate to a bill increase for the typical single family household of $0.94 per month for one can curbside services. b. Mayor's Emerging Issues and Report • Performing Arts and Event Center Public Art — Finalists (T. Yvonne) Performing Arts and Event Center Director Theresa Yvonne updated Council on the Public Art for the Performing Arts and Event Center (PAEC). She stated the RFQ was sent out to national agencies as well as locally. The submission deadline was May 6, 2016 and the Public Art Advisory Committee reviewed 178 submissions. The final four submissions were narrowed from a list of 19 semi - finalists. The four artists visited the facility in June 2016 and submitted site specific proposals in September. Ms. Yvonne reviewed each of the proposals which included: • "Hylebos Harmonics" Artists: David Dahlquist and Matt Niebuhr • "Hylebos" Artist: Cliff Garten • "Conductor Hands" Artist: Barbara Grygutis Federal Way City Council Regular Minutes Page 1 of 9 September 20, 2016 • "Muse" Artist: Roger Stoller The remainder of the process includes final selection by the Public Art Advisory Committee; which will then move through the Commission, Council Committee, and City Council process. Final project completion is estimated for Spring 2017. • Mayor's Day of Concern Food Drive Recap Community Services Manager Jeff Watson gave a report on the recent "Mayor's Day of Concern" Food Drive. Mr. Watson noted this past Saturday the Mayor, members of the City Council, city staff and volunteers were at local grocery stores collecting food and monetary donations for the food bank. Partnering with Waste Management for curbside donations, there was a total of 7,740 pounds of food collected and cash donations of $702.65. Waste Management also made a corporate donation of $500. The Mayor and Councilmember thanked Mr. Watson, Executive Assistant Kathy Arndt, and City Council Executive Assistant Jeri -Lynn Clark who does an amazing job organizing the event every year. • Pacific Highway S — Phase V Project Update (M. Salloum Public Works Director Marwan Salloum briefly updated Council on SR 99 Phase V HOV Lanes Project (S 340th Street to S 359th Street). Mr. Salloum noted the contract was awarded to Graham Contracting Ltd on August 9th in the amount of $16,701,392. The first working day was September 12th and the estimated completion is the summer of 2018. He reported on ongoing construction communications between land owners and businesses along the entire project. All interested parties were invited to subscribe to a weekly project update email from the city. Construction activities in the next few months will include installation of erosion control devices, clearing and grubbing, land reconfiguration work, and beginning work on water main relocations, utility underground and storm drainage. The contractor is planning on having four separate crews working concurrently. Councilmember thanked Mr. Salloum for the update. Mayor Ferrell also praised the recent city recycling event which he attended. He thanked Director Salloum and his staff including organizer Jeanette Brizendine, the city's recycling coordinator and Public Works staff Mercedes Tenuta for their efforts. It was a very successful event, regardless of the poor weather. • Federal Way's Farmers Market Chili Cook -off Mayor Ferrell encouraged everyone to attend the upcoming Farmers Market Chili Cook -off on September 24th from 11:00 a.m. to 2:00 p.m. The Police Department and Fire Department will compete for bragging rights. He noted this is a great neighborhood and family event. Chief Hwang is predicting a win this year. 4. CITIZEN COMMENT Mayor Ferrell recognized State Representative Linda Kochmar, former City Mayor and Councilmember, in the audience and thanked her for her attendance. He also shared that she has been following the IRG Project closely and has been in communication with both himself and the Councilmembers. Federal Way City Council Regular Minutes Page 2 of 9 September 20, 2016 Ron Beckerdite, resident of North Lake, expressed concerns in regards to the concessions given in 1994 and feels that the agreement should have been specific to Weyerhaeuser and left with them. The process needs to slow down and the entire piece of property needs to be looked at as a whole and the total effect is on the city. Geoffry Hastings spoke about the purpose of planning and zoning to enhance the quality of life for the citizens. He urged the council to represent these citizens and enact a moratorium. It may be too late for Orca Bay, but he urges this moratorium so that the process can be paused and Council can close any loopholes. Laura Olson spoke as a resident of Federal Way and chartered representative of Christ's Lutheran Church which hosts Boy Scout Troop 336, Cub Scout Troop 316, and Girl Scouts Troops 411 and 62. She spoke in favor of removing trees for safety but not for monetary gain or logging purposes. Vicki Kirchner from World Vision is following up on the September 1st meeting where significant concerns were raised by herself and citizens. There are new concerns now such as potential for ammonia leak and the need for transparency and clarity in the process. She suggests six month moratorium so that everyone has an opportunity to get onto the same page. Bryan Tabrum spoke during a February Council Meeting in effort to save Camp Kilworth. He shared a portion of an email from Pacific Harbors Council stated that if the City does not allow for the safety cut of trees, the camp will not be opened for Scout Camps and returned to the Kilworth Family. He is concerned they are planning to log for profit and not due to dangerous trees and asks for Council support. Brent Cleary, longtime resident of Federal Way, spoke regarding the proposed use of Weyerhaeuser Campus. It has been a part of the community since 1969, over 50 years, and he feels the proposed use is a shame. It is 50 years of growth that will be lost when this type of property is becoming more rare. Julie Cleary shared history to show that "we've been here before." She shared a historical account of when Weyerhaeuser proposed a shoreline designation change from conservancy to urban development in 1998. Due to North Lake resident concerns Weyerhaeuser, Quadrant, and the City met with residents. Weyerhaeuser decided not to move forward with the re- designation. She asked for a moratorium to have a legal review on the concomitant agreement and research the 200 foot conservancy zone. Dan Streiffert, Vice -Chair of the South King County Group of the Washington Sierra Club, just found out about and spoke against the proposed use; it is not worth the tax revenue. He requested a moratorium until a master plan and more complete SEPA process can be completed. Lori Sechrist previously discussed the legality of the 1994 Pre - Annexation Agreement and community trust, but today is sharing concerns about public safety. She shared that the North Lake neighborhood pre -dates the Weyerhaeuser Development and the 1994 Concomitant Agreement and indicated that they should be afforded the same protections afforded others through the Federal Way Revised Code. Cindy Flanagan, representing Rainier Audubon, asked City Council direct staff to expedite the historical preservation ordinance. If the ordinance is in place, funding can be secured to preserve some of these areas. They are also asking City Council to issue a moratorium to research public safety and environmental protection. Federal Way City Council Regular Minutes Page 3 of 9 September 20, 2016 Terry "Uncle Sam" Thomas, resident of North Lake, spoke about "GOLF" as an acronym: G is for a great opportunity to do what is right; 0 is obligation elected officials have to all citizens; L is for the legacy of the Council that will be remembered; F is for financial gain and financial loss as the gain for the City is a cost to the homeowners. Robin Cook is working with group of North Lake residents working to connect the Rhododendron Garden, Bonsai Garden, and the North Lake Track (currently envisioned). They will create learning center about the lake habitat and the animals and can also be used by the Lake Management District. She is asking the city to be a full and active partner to preserve this section of land. Koorus Tahgheghi indicated that the project on the north portion of the property is bigger than Husky Field, Safeco Field, CenturyLink Field, Key Arena, and the Tacoma Dome combined. With a project this size he does not believe the character of the property can be maintained as indicated in the 1994 agreement. Mary and Tom Ehlis, letter read into the record by City Clerk, regarding concerns over logging and tree cutting on Camp Kilworth property by Pacific Harbors Council. Jerry Graham, requested the Council adopt a moratorium as it is best to step out of the process and hire an outside unbiased consultant and attorney in this process. The property can be an iconic property and should remain as such. Mark Talbert thanked the citizens of Federal Way and appreciates their discourse. He is interested in the Diversity Commission and does not feel that there is enough diversity in this community. He works with and knows the struggles of immigrants and feels that we are failing them as well as other diverse community members. Richard Pierson shared that concerns and questions from previous meetings have not been answered. He requested a moratorium for various reasons including making sure a precedent is not inadvertently set. Karen Langridge voiced concerns regarding the former Weyerhaeuser Campus and indicated that the outcome of this project will be Council's legacy. She questioned the benefits gained by the city as it will destroy the forest, worsen traffic, and detrimentally affect resident property values and satisfaction. Valerie Rhodes shared concerns about the people and transient population in the community. She asked what is being done to help the individuals as well as the residents /community and shared what she has seen. Mayor Ferrell shared an update regarding the city's Homeless Services and Encampment Initiative and the efforts by the city to make sure the issue gets addressed. Deputy Chief Steve Neal is leading the efforts to clean out the camps and direct the individuals to services as well as the Federal Way Day Center that is soon opening. David Long spoke in regards to Camp Kilworth and is a part of Troop #398 of Dash Point and part of the Lakota Middle School 7th Grade IESA (Integrated Environmental and Sustainability Academy) Program. He questioned the actions being taken on the property in regards to potential landslides as well as logging. He asked the city to require a certified arborist assess the trees before allowing removal. Federal Way City Council Regular Minutes Page 4 of 9 September 20, 2016 Dr. Walter Brook indicated that an appropriate use for this property would be a university which could be constructed in phases and in an environmentally conscientious manner. Toni Findt, resident of Federal Way and North Lake, indicated that if this project moves forward under the 1994 codes all the road and infrastructure improvements will be paid for by the taxpayers. She shared that Snohomish County was recently sued for filling of wetlands and questioned the difference. She requested a moratorium. Richard Gilbert, resident of Stonebrook Subdivision, is in full support of a moratorium for the proposed development on Weyerhaeuser property. He reminded the Mayor and Council that this is the third meeting and they will not be going away. Laurie Brown, brand new resident of North Lake who moved in two months ago after researching this issue and believing that IRG and the city was being transparent. She shared her professional history to illustrate that she knows how to research, is aware of the public process, understands the political process, and knows this is a public - relations disaster. Their job is to take care of their community and protect the city's resources. Jessica Lacey, speaking on behalf of four generations, is upset about the proposal and is requesting a moratorium. She noted that this project has made activists out of people who are not typically pro- active. Kathleen Russell, born and raised in Federal Way, shared her visit to American Samoa where she experienced the scent of a tuna factory and while she does not believe it will be as bad she knows there will be a scent. Lisa Johnson is opposed to the Orca Bay plant even after researching their processes when compared to other plants. She questioned if waste will be pumped into our sewers and if so how the increased impact will be addressed. She also requested a moratorium. Dakota Rauscher lives in Federal Way and shared that the building of a fish plant is a bad idea and unless someone cares a whole lot nothing is going to get better. His mother shared that she and her two sons with autism moved to this location because it is a safe environment. She is devastated to think that if this project moves forward they will not be able to sell their home to find another safe place. Simone Perry, everywhere she goes people say to keep up the fight as this property means so much to people all over. She also cares about Camp Kilworth and wants both of these treasures preserved. She wants a moratorium and for the Mayor and Council to do their research the history of this property. Jon Lindenauer, resident of Auburn, questioned if there are not sensitive wetlands, why is their continual pumping of water out of the retention ponds? Brian Wilson indicated that there are storm retention ponds and surface water retention facilities which have been on the property for years. IRG has identified that many of these need to be maintained and the effort is underway, a portion of which is the pumping that has been seen. Terry Fletcher asked for an update about the five candidates for Community Development Director. Mayor Ferrell provided an overview of the process and indicated that he has appointed Brian Federal Way City Council Regular Minutes Page 5 of 9 September 20, 2016 Davis from Roseberg, Oregon. His potential start date would be November 1st but is subject to Council confirmation. Mayor Ferrell closed the public comment portion sharing that he and the City Council will not react from panic or emotion, but will follow the process of the law and consider all letters and comments brought forward. 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: September 1, 2016 Study Session Minutes; September 6, 2016 Special and Regular Meeting Minutes b. 2016/2017 Diversity Commission Work Plan c. First Amendment to Cedar Building Services, Inc. d. Interagency Agreement between WA State ICAC Task Force Acting through the City of Seattle Police Department and Federal Way Police Department e. Drug Enforcement Administration Asset Forfeiture Sharing MOU and Local HIDTA Task Force Agreement f. 2016 Target Community Engagement Funds Grant g. Parks Asphalt Trail Repairs h. Eastern States Paving, Inc. Retainage Release i. Fieldturf USA, Inc. Retainage Release j. Landscape Structures, Inc. Retainage Release k. Northwest Playground Equipment, Inc. Retainage Release I. Metro Group, LLC. Retainage Release m. American Guaranteed Roofing and Construction, Inc. Retainage Release n. Global Contractors, LLC Retainage Release o. Steel Lake Park to Downtown Trail — 30% Design Status Report p. S 356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project — 100% Design Status Report and Authorization to Bid q. Pete von Reichbauer Way S (20th Ave) and S 316th Street Sidewalk Replacement Project — Project Acceptance Councilmember Honda noted Consent Item (b) 2016/2017 Diversity Commission Work Plan is a very thoughtful work plan and she appreciates the hard work and efforts of the Diversity Commission. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Koppang yes Federal Way City Council Regular Minutes Page 6 of 9 September 20, 2016 Councilmember Assefa- Dawson yes Councilmember Maloney yes Councilmember Honda yes Councilmember Moore Councilmember Duclos yes yes 6. COUNCIL BUSINESS a. Mayor submits 2017 -2018 Biennial Budget to Council Mayor Ferrell noted each Councilmember has received the proposed 2017 -2018 Biennial Budget. He explained the highlights of the budget include: • Council Reserve Policy Achieved • City Services Maintained (No Layoffs) • Public Safety is a Priority with 131 Commissioned Officers and addresses increased SCORE Jail and Valley Communications Costs • Human Services Funding for 2017 and 2018 • Provision for Day Center • Employee Health Insurance Increases • Street Overlay Investment • Phase V Pacific Highway South Construction • Performing Arts & Event Center which opens in the summer of 2017 • Lodging Tax Funding and Economic Development Mayor Ferrell also reported on the calendar of budget meetings and noted the Department Directors will each be giving presentations to the Council explaining their budgets with an opportunity for questions. The Public Hearing as required by RCW will occur on October 18, 2016 and November 1, 2016 with projected enactment on November 15, 2016. b. Youth Commission Appointments COUNCILMEMBER KOPPANG MOVED THE FOLLOWING APPOINTMENTS TO THE YOUTH COMMISSION WITH TERMS EXPIRING AUGUST 31, 2018: REECE BINDER; VON BORN; HENRY OJEABURU; MILAD HEYDARI; HANNAH KIM; GILLIAN SOO; AND BRITTANY ROGERS; COUNCILMEMBER DUCLOS 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 c. Demolition of Structures at 36818 8th Ave S — Authorization to Bid Surface Water Manager Theresa Thurlow gave a brief presentation on Authorization to Bid for Demolition of Structures at 36818 8th Avenue South. Ms. Thurlow reported the Larson - Justice Property was recently acquired for conservation purposes and there is a house and outbuildings in very poor condition on the property. The Land Use and Transportation Council Committee decision was to delay demolition of the structures and gather more information regarding historic preservation. Since that direction, staff has contacted King County Historic Preservation Program, who indicated the out buildings are unlikely to be salvageable. Staff analysis of the options presented includes while the Historical Society of Federal Way has expressed interest in restoration of the house; they do not currently have the capacity or funding for Federal Way City Council Regular Minutes Page 7 of 9 September 20, 2016 such a project. It is recommended the buildings are included with the demolition with proper documentation of the buildings for historical purposes. Councilmember Maloney thanked Ms. Thurlow and appreciated the extensive conversation regarding this item at the Committee level and tonight with full Council. She feels historic preservation is essential; however agrees due to the complexities and current state of the buildings, demolition is warranted with the historical documentation. COUNCILMEMBER MALONEY MOVED TO AUTHORIZE STAFF TO BID THE DEMOLITION OF STRUCTURES AT 36818 - 8TH AVE S AND TO PROCEED WITH THE MITIGATION PROCESS FOR THE LOSS OF THE HOUSE; COUNCILMEMBER KOPPANG 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 7. COUNCIL REPORTS Councilmember Assefa - Dawson reported on attending the Family Life Christian Center anniversary event and encouraged everyone to attend the upcoming "We Love Our City" volunteer event on October 2nd. She will also be attending the Advancing Leaderships "Evening with the Stars" fundraiser on October 8th Councilmember Maloney thanked everyone who came tonight and share concerns regarding the IRG property and potential impact on the families in the community. She feels distraught over this less than ideal situation, and hears the concerns and is listening to all the feedback they receive. She also noted the city is working on the University Initiative and that process will be forthcoming in the near future. Councilmember Honda shared a similar story of adversity with boundary changes at her children's school and the uphill battle for a cause she believed in. She also noted she is listening to all the comments and feedback regarding this situation and the caring citizens are what makes this community great. She would like to see an opportunity for the Council, citizens and IRG to all have a conversation together as this property is important to the region. Councilmember Koppang noted as the newest Councilmember he was not aware of this issue prior to joining Council, however he is glad to be working together. He encouraged the process and discussion to continue. He was also pleased to be part of the interview process for the Community Director position, which he feels very positive about. Councilmember Moore understands this is a difficult issue and there is concern on both sides. He also spoke in concern over the Camp Kilworth property and potential tree cutting and impacts. He was pleased to attend the Mayor's Day of Concern and extended kudos to Jeri -Lynn Clark and temporary employee Marie Davis who helped with Economic Development. He recognized Mr. Messmer in the audience and hopes he will work with the city and residents to ease concerns. COUNCILMEMBER DUCLOS MOVED TO SUSPEND COUNCIL RULES TO ALLOW THE MEETING TO CONTINUE PASS THE HOUR OF 10:00 P.M. ; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 8 of 9 September 20, 2016 Deputy Mayor Burbidge yes Councilmember Koppang yes Councilmember Assefa- Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes Councilmember Duclos thanked everyone for coming and expressing their concerns regarding this serious issue (IRG Property). She indicated there is a lot of support from the community as well as the Council in preserving this area. Deputy Mayor Burbidge concurred with her colleagues regarding this difficult issue for the community. She previously lived in the North Lake Community and understands the changes being proposed. She also understands there is a process and the city will follow that process. She also reads all the emails she receives and information she is sent. She will be looking for the best possible solution as creatively and effectively as possible. She further reported on her attendance at various regional meetings including the South County Area Transportation Board and attending the dedication of the Angle Lake Station in SeaTac. 8. EXECUTIVE SESSION • Potential Litigation pursuant to RCW 42.30.110(1)(i) • Collective Bargaining pursuant to RCW 42.30.140(4)(b) • Property Acquisition pursuant to RCW 42.30.110(1)(b) • Evaluate Qualifications of an Applicant for Public Employment pursuant to RCW 42.30.110(1)(g) At 9:58 p.m. Mayor Ferrell recessed the Council to Executive Session for purposes of discussing Collective Bargaining pursuant to RCW 42.30.140(4)(b); Property Acquisition pursuant to RCW 42.30110(1)(b) and to Evaluate the Qualifications of an Applicant for Public Employment pursuant to RCW 42.30.110(1)(g). Council returned to Chambers at 11:18 p.m. 9. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 11:18 p.m. Attest: Iii..t Ste. a ie Courtney City Clerk Approved by Council: 10104 Federal Way City Council Regular Minutes September 20, 2016 Page 9 of 9