Council MIN 07-05-2017 RegularCITY OF
.4„„_w_ Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
Wednesday, July 5, 2017 — 7:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 7:02 p.m.
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Councilmember Lydia
Assefa- Dawson, Councilmember Bob Celski, Councilmember Susan Honda, Councilmember Mark
Koppang, Councilmember Martin Moore and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
DEPUTY MAYOR BURBIDGE MOVED TO AMEND TONIGHT'S AGENDA TO ADD ITEM B TO
COUNCIL BUSINESS TO DISCUSS AWARDING THE STAGE DRAPERIES CONTRACT FOR THE
PERFORMING ARTS & EVENT CENTER; COUNCILMEMBER KOPPANG SECOND. The motion
passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa - Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
3. PRESENTATIONS
a. Fourth of July Report
• Red, White, and Blues Festival Report — Celebration Park
Parks Director John Hutton was pleased to report the 24th Annual Fourth of July - Red, White and
Blues Festival at Celebration Park was a spectacular event. He reported everything went according to
plan; the music and entertainment acts, the crowds, the food vendors, community booths, and even
the weather.
Mr. Hutton thanked the many sponsors, who support this event year after year, and praised the Parks
Department Staff, Parks Commission and Arts Commission who work very hard at the event and in
the weeks and days leading up to the festival. He also acknowledged the support of the Police and
Fire Departments, and the Mayor and Council for their ongoing support and attendance every year.
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July 5, 2017
Mr. Hutton also gave a brief report on the "Miles for Meso" 5K Run which took place earlier in the day
(July 4). He congratulated Councilmember Bob Celski who attended the event not intending to run in
the race, and yet won his age division. The city has risen over $100,000 for this cause over the year,
through this fundraiser.
• Fireworks Enforcement Report — Police Department
Deputy Chief Kyle Sumpter was pleased to report there were no significant incidents at the July 4th
Red, White and Blues Festival. This is a significant achievement with so many citizens in attendance
in a relatively close and confined space.
Deputy Chief Sumpter also reviewed the following information with the City Council regarding calls for
service (CFS).
Calls for Service from June 27 to July 5 (noon):
2016: 2067 total Calls for Service (CFS)
2017: 2072 total Calls for Service (CFS)
Calls for Service on July 4:
2016: 339 total Calls for Service (CFS)
2017: 323 total Calls for Service (CFS)
2016: 215 fireworks - related CFS
2017: 183 fireworks - related CFS
2016: 110 fireworks - related CFS
2017: 117 fireworks - related CFS
Deputy Chief stated he feels there is more compliance this year; however those out of compliance
were increasing in the size and display of the illegal fireworks. All calls were responded to and
fireworks were confiscated and destroyed. The Police Department continues to work on education of
the laws in addition to enforcement. Extra patrols have been on duty since Saturday, July 1.
Councilmembers commented on the ongoing issues of illegal fireworks use in their neighborhoods
and suggested using the FWTV channel next year to educate the community on fireworks usage.
b. Mayor's Emerging Issues and Report
• Decatur Neighborhood Connection Follow -Up regarding Pollution Concerns
Community Development Director Brian Davis briefly updated Council on a concern brought forward
by a citizen comment at the recent Neighborhood Connections Meeting held at Decatur High School.
The concern was regarding continued air pollution from the Tacoma Tide Flats area. Mr. Davis noted
the Puget Sound Clean Air Agency is the regulatory authority which is a regional government agency
comprised of elected officials from multiple jurisdictions and a Public -at -Large representative.
He stated the PSCA is largely complaint driven inspections, however they also actively patrol
historically odor - generating sites. Mr. Davis outlined the complaint process the citizens and other
jurisdiction follow when a concern arises.
Councilmembers thanked Mr. Davis for the information and follow -up and asked him to specifically
address what the city or citizens can do to effect change on a broad scale.
Mayor Ferrell took public comment relating to this issue.
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July 5, 2017
Chuck Duffy, thanked Mr. Davis for his presentation and work. He feels the increase in odor is a more
substantial and broad issue. He has contacted Puget Sound Clean Air Agency and would like to see
the city put some focus on what is going on down there. The city has worked very hard to improve the
image of the city and this had a huge effect on property owners.
Mayor and Council discussed the Tacoma Tide Flat area and its proximity to Federal Way residents.
Mayor Ferrell reported on various community events such as the very successful Miles for Meso 5K
and the North Lake Improvement Club July 4th Parade. He noted his attendance at multiple regional
meetings including SCORE Board Meeting; SCA Board of Directors meeting and training with the
Greater Federal Way Emergency Operations Center for the upcoming FEMA training in Maryland.
4. CITIZEN COMMENT
Dana Hollaway spoke in favor of the Historic Preservation Ordinance on tonight's agenda.
Betty Taylor invited everyone to come to the first annual community event held on National Night Out.
She noted there will be a gathering at Town Square Park from 4:00 p.m. to 8:00 p.m. on August 1 with
activities and a great opportunity to meet others in the community.
Diana Noble - Gulliford, President of the Historical Society of Federal Way, thanked the Council for the
support of the Historic Preservation Ordinance on tonight's agenda. She also spoke in concern over
noise pollution from the Port of Tacoma.
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: June 20, 2017 Regular Meeting
b. Monthly Financial Report — May 2017
c. Vouchers — May 2017
d. Remodeling Police Crime Scene Van
e. Resolution: Authorizing the Mayor, or Designee, to enter into Goods and Service
Agreements for up to $50,000 per contract for events at the Performing Arts & Event
Center
f. Seattle SMSA Limited Partnership DBA Verizon Wireless Site Lease Agreement
Councilmember Honda pulled Consent Item e.
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A -D,
AND F AS PRESENTED; COUNCILMEMBER KOPPANG SECOND. The motion passed
unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
CouncilmemberAssefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
Federal Way City Council Regular Minutes
July 5, 2017
Page 3gt7
Pulled item: Consent Agenda e /Resolution: Authorizing the Mayor, or Designee, to enter into Goods
and Service Agreements for up to $50,000 per contract for events at the Performing Arts & Event
Center.
Councilmember Honda asked Executive Director Theresa Yvonne if this action affects the groups
previously booked. Ms. Yvonne noted all contracts will be finalized following this action.
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF ITEM E; COUNCILMEMBER KOPPANG
SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson . yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
6. PUBLIC HEARING
a. Resolution: regarding the surplus of a 1.86 acre parcel of property to be created between,
the Performing Arts & Event Center property and the former Target store property for hotel
use
• Staff Report
• Citizen Comment
• Council Discussion /Action
At 7:44 p.m. Mayor Ferrell opened the Public Hearing.
City Attorney Ryan Call gave a presentation to Council regarding the proposed resolution to surplus a
1.86 acre parcel of property between the Performing Arts and Event Center (PAEC) and the former
Target store property to Ottone - Salinas, Inc. Mr. Call noted the three steps remaining to sell the
property are to hold a public hearing; pass a resolution declaring the property surplus; and approve a
negotiated Purchase and Sale Agreement (PSA).
City Attorney Call provided additional background on the history of the property and the lot line
adjustments that have occurred on the property to create this hotel pad for surplus. The resolution
declares the property is no longer necessary for public use and the retention does not serve the best
interest of the citizens and therefore can be sold.
He noted the negotiated Purchase and Sale Agreement between the buyer and seller set the final
sale price and terms of the property sale. The Mayor executed the PSA subject to Council approval to
sell the 1.86 acre parcel, to be created with the binding site plan for $2,187,756 ($27 per square foot)
to Ottone - Salinas. The hotel will be built and operated by a newly created LLC which will be formed
and include Ottone - Salinas, Cadius Partners and other investors. Earnest money of $100,000 has
been deposited into escrow with a balance of $2,087,756 to be paid at closing on or before August 1,
2017.
Mr. Call also outlined additional conditions the PSA contains including reimbursement for staff time on
this project, construction timelines, and restrictions regarding the selection of the brand of hotel
(upscale). The property also includes encumbrances currently on the property which will transfer to
the new owner. Prior to closing the buyer must record restrictive covenants on the property that limit
the uses and development of the property.
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July 5, 2017
Per the PSA the construction must begin on or before June 1, 2018 and will be required to be open
and operating by December 1, 2019. Penalties will accrue if timelines are not met. Construction hours
are limited to day time hours during the work week, as to not interfere with events at the Performing
Arts and Event Center.
Councilmembers thanked Mr. Call for his thorough presentation and asked various clarifying
questions regarding the presentation which were addressed by various Department Directors.
Questions included parking requirements for the hotel in relation to PAEC parking and a deeper
definition of "upscale" in relation to hotel standards. Additional questions followed regarding the
requirement for the buyer /hotel to create low scale jobs; if there is a potential risk to the city in
participating in a 1031 exchange; and funding of the grand staircase.
No citizen comment.
DEPUTY MAYOR BURBIDGE MOVED TO CLOSE THE PUBLIC HEARING REGARDING
SURPLUS OF A 1.86 ACRE PARCEL OF PROPERTY; COUNCILMEMBER KOPPANG SECOND.
The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE RESOLUTION DECLARING THE
PROPERTY AS SURPLUS; COUNCILMEMBER KOPPANG SECOND. The motion passed
unanimous.
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
7. COUNCIL BUSINESS
a. Proposed Purchase and Sale Agreement with Ottone - Salinas, Inc., for the sale of a 1.86
acre parcel of property to be created between, the Performing Arts & Event Center
property and the former target store property for hotel use
The briefing on this item took place during the Public Hearing to surplus the property. Mr. Call noted
he is available to answer any additional questions Council may have.
DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE PURCHASE AND SALE
AGREEMENT, ADDENDUM, AND THE SALE OF THE PROPERTY, AND AUTHORIZE THE
MAYOR TO EXECUTE ALL DOCUMENTS RELATED TO THE SAME; COUNCILMEMBER
KOPPANG SECOND.
Councilmember Honda asked a clarifying question regarding the proceeds from this sale.
The motion passed unanimously as follows:
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July 5, 2017
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
b. (Added Item) Performing Arts & Event Center —Award of PAEC Stage Draperies contract
Performing Arts and Event Center Executive Director Theresa Yvonne, stated the bid for the PAEC
Draperies was approved by Council on June 6. However since that time, the low bidder has become
non responsive in obtaining required state licenses to move the project forward. She has contacted
the second low bidder who is also non - responsive. At this time, she is recommending the Council
authorize the bid to the third bidder who is responsive and can complete the project in a timely
manner. The difference between the first and third bidder is approximately $17,000.
COUNCILMEMBER DUCLOS MOVED TO AWARD THE STAGE DRAPERIES CONTRACT TO
PACIFIC NORTHWEST THEATRE ASSOCIATES IN THE AMOUNT OF $66,245.25 AND
AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; COUNCILMEMBER KOPPANG
SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
8. ORDINANCES
Second Reading
a. Council Bill #7261 Adding New Chapter 19.285 to FWRC for Historic
Preservation
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO THE
PROTECTION AND PRESERVATION OF LANDMARKS AND ADDING NEW CHAPTER 19.285
TO THE FEDERAL WAY REVISED CODE.
City Clerk Stephanie Courtney read the Ordinance title into the record.
COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows:
Deputy Mayor Burbidge yes Councilmember Koppang yes
Councilmember Assefa- Dawson yes Councilmember Moore yes
Councilmember Celski yes Councilmember Duclos yes
Councilmember Honda yes
9. COUNCIL REPORTS
Councilmember Duclos had no report this evening due to not feeling well she will be leaving the
meeting before adjournment. Councilmember Duclos left the meeting at 8:21 p.m.
Councilmember Moore thanked Parks Director John Hutton and the Parks Department staff for the 4th
of July celebration. He enjoyed himself and felt everyone attending had a wonderful time. The 4th of
July is one of his favorite holidays and he feels Federal Way celebrates it the right way, coming
together and celebrating America. He noted we are an incredibly diverse community.
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July 5, 2017
Councilmember Koppang also thanked the Parks and Police staff who worked very hard on the Red,
White and Blues Festival at Celebration Park. He echoed Councilmember Moore's comments of a
diverse community he is very proud of. He was pleased with the program that included music,
activities, and vendors. He attended the Association of Washington Cities (AWC) Conference and
found it very useful and appreciates AWC and Municipal Research and Services Center (MRSC) who
are valuable resources for city officials.
Councilmember Honda attended the DESNA Soccer Club auction and extended an invitation to their
10th Anniversary Celebration on August 18 -20. She attended the AWC Conference and was pleased
to participate in the opening ceremonies carrying the city flag; she gained a lot of information and
made new contacts. She expressed excitement about the passage of the historic preservation
ordinance and is eager to see the first project. She announced the Kiwanis Salmon Bake scheduled
for July 28 from 4:00 p.m. to 8:00 p.m. at Steel Lake Park.
Councilmember Celski was in attendance at the Korean Community Quarterly Meeting on June 22.
He was impressed by former Mayor Mike Park and expressed gratitude for all that is done by him and
the Korean Community. He announced the Boys and Girls Club fundraiser on July 18 at Emerald
Downs and the next Land Use and Transportation meeting on July 10.
Councilmember Assefa Dawson also enjoyed the AWC Conference, and specifically learning about
what other cities and jurisdictions are dealing with and what Federal Way is doing right. She is also
proud to be the first Ethiopian Councilmember in the United States; she thanks Federal Way for
making that happen. She is very proud.
Deputy Mayor Burbidge appreciated the four councilmembers who attended the AWC Conference; it
is a valuable tool and resource for city officials. She also discussed the Lakota Beach neighborhood
parade and it continues to grow as a strong tradition. She thanked staff for the amazing preparations
that occurred for the Red, White and Blues festival, the citizens truly benefited from the event.
10. ADJOURNMENT
There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 8:32 p.m.
Attest:
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Approved by Council: O7—i8`2OV9
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July 5, 2017