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Council MIN 10-03-2017 RegularCITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall October 3, 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 Boy Scout Troops #398 and #336 led the flag salute. Mayor Ferrell called for a brief moment of silence to honor those who lost their lives in the recent Las Vegas attacks. 3. PRESENTATIONS a. Sound Transit /City Vision Public Works Deputy Director EJ Walsh presented background information on the Sound Transit Project and highlighted they are currently at the approximate half -way point from 2012 in the development stage to 2023 start of service. The project schedule is currently at final Sound Transit engineering (35% overall) for bidding and preparation of a Development Agreement. In late 2018 the successful bidder will be responsible for final design, permitting, and construction. Based on feedback from Council, City Committees, technical staff, community partners as well as the requirements in the Federal Way Revised Code, the Comprehensive Plan, and Engineering Standards of Practice, a "City Vision" for this project was developed. This plan is then divided into three categories which include: Code Based Requirements: • Conform to City Code • Ensure adequate lighting around facility • Provide for Safe City Camera Infrastructure • Work to identify a safe train crossing of the BPA line • Provide ADA pathways to and around the station • Provide a fagade modulation and covered area Federal Way City Council Regular Minutes Page 1 of 9 October 3, 2017 • Provide adequate bicycle storage • Provide retail space within the garage • Provide a livable downtown Ongoing Items: • Development Agreement • Safe City Cameras • Police Substation • Security Patrols • Pedestrian Crossing (320th and 21st) • Citizen involvement related to Art • Staging Property Open Items: • Parking Stalls • Joint Parking Structure • Utilize new technologies to reduce power consumption Additional Items Sound Transit has agreed to: • S 317th Street — from 23rd Ave S Roundabout to 28th Ave S Roundabout, reconstruct to a concrete roadway • 22nd Ave — between S 319th St and S 320th St, reconstruct to a concreate roadway • Roundabout at S 317th St and 23`d Ave S — Reconstruct intersection to an enlarged roundabout to increase traffic circulation and reduce queuing in the area. Mr. Walsh noted city staff is very involved and working on technical review and the applicability of city standards regarding the project. They will continue to work with Sound Transit to prepare a Development Agreement for Council review and approval, and provide input on the bidding process. Mayor Ferrell and Council thanked Mr. Walsh for the presentation. b. State Auditor's Report Finance Director Ade Ariwoola gave a briefing to Council regarding the most recent State Auditor's Report. While the report does have a finding, the finding is based on process and has no financial implications or impact. The Auditor's Office has concluded the internal processes and the lack of documentation of debarment and bidding the Performing Arts & Event Center project after accepting Federal HUD Section 108 dollars. This finding is solely related to internal controls over major programs when accepting federal dollars. Mr. Ariwoola noted the cost of internal control should not exceed the benefits expected to be derived. At the point this decision was made, 1/3 of the architectural work had been completed and a delay in the bid (to meet the federal requirement) would have delayed the project, increased the design cost, lost over $1.54 million already incurred in design cost and increased the total project cost. The State Auditor's Office has acknowledged this procedure is a federal requirement and not a state requirement. This finding is not a financial finding and as such, has no cost to the citizens and is not a finding of financial impropriety; this is a procedural correction. The city has made changes to and modified the process to prevent a future occurrence. Mayor Ferrell and the Council thanked Mr. Ariwoola for his briefing. Federal Way City Council Regular Minutes Page 2 of 9 October 3, 2017 c. Mayor's Emerging Issues and Report • Update on Camp Kilworth Community Development Director Brian Davis gave a briefing on the history and current status of the Camp Kilworth property in response to citizen comments at the previous Council Meeting. The property is 29.3 acres and is zoned Suburban Estate Residential (5 acre minimum lot size). The property was deeded to the Boy Scouts in 1934 with a restricted use of scouting purposes. The Boy Scouts have attempted to offload the property since 2005, due to lack of profitability, and officially closed the camp in March 2016. Mr. Davis highlighted the park acquisition criteria from the City Council adopted Federal Way Parks, Recreation and Open Space Plan. In order to follow the criteria for acquiring additional park space, the need would be in response to an important gap in the park system or an urgent need. The Community Park standard is 2.8 acres for every 1,000 in population. Based on Federal Way's current population the need is 270 acres of Community Park; the city currently holds inventory of 309 acres. He summarized the majority of the adopted criteria must be met for an acquisition to be considered. These criteria include: 1. Need 2. Unsanitary conditions, code violation, visible deterioration 3. Funding availability 4. Detriment to operations if acquisition deferred 5. Conforms to adopted plans. Mayor Ferrell and Councilmember thanked Mr. Davis for his thorough presentation. • IRG Status Update on Applications and Pre - Applications Community Development Department Brian Davis gave a presentation to Council regarding the IRG property (former Weyerhaeuser Property). He highlighted the status of the Warehouse "A" project (former Preferred Freezer project). The application was originally submitted in June 2016; with resubmittals in August 2016, April 2017, and August 2017. The proposed project consists of construction of a 225,950 sq ft warehouse with associated site improvements. This application Is currently under review by staff; another public comment period will occur when the threshold determination is issued. Use Process III Decision and SEPA determination are appealable to the Hearing Examiner. Mr. Davis also briefed the Council on the Greenline Warehouse "B" project which was submitted on September 1, 2017. This project is a proposed 217,300 sq ft warehouse with associated site improvements. This application process also follows a Use Process III /SEPA; which are appealable to the Hearing Examiner. IRG has also submitted Boundary Line Adjustments for the Headquarters Building and Technology Center. The application for the Headquarters Building was originally received in March of 2017, and included resubmittals in July 2017 and September 2017. The Technology Center application was received in January 2017; resubmittals were received in April 2017 and September 2017. These applications are currently under review by staff with no decision date set. He explained the pre - application process and the status of inquiries regarding the Greenline Business Park (includes former KG Investment Project). A meeting has been scheduled for October 19, 2017. Mr. Davis clearly outlined the typical application processing timeframes and potential issues which can impact and delay these standard timelines. Longer timeframes can be affected by factors Federal Way City Council Regular Minutes Page 3 01.9 October- 3, 2017 including: complexity of the project; size of the project /site; thoroughness of materials submitted; timeline of resubmittals from applicant; public comment; number of other projects the city is currently processing and staffing levels. Councilmembers thanked Mr. Davis for this presentation and asked various clarifying including the reason for the boundary line adjustments; the number of city staff working on these projects; and traffic impacts on the city and immediate surrounding neighborhoods and areas. Councilmembers also asked if the city has done a market study to see if the region is in need of additional warehouse space. • Update on Code Compliance Concerns Community Development Director Brian Davis gave a brief presentation to the Council in response to citizen questions raised at the last City Council meeting regarding a stop work order on the Ellingson property. Mr. Davis reported Mr. Ellingson has four properties and the city approved a limited tree removal on one of the four properties on July 2016. A complaint was recently received regarding tree removal and grading on a separate property. Mr. Davis noted the file number was incorrectly listed from the file as the original permit number issued in 2016. He noted the Ellingson's have been notified action will be taken at the owner's expense to restore the property if the report and restoration plan is not received by October 6, 2017. Councilmembers thanked Mr. Davis for the update. Councilmember Honda asked what steps can be taken by citizens when they see illegal activity such as tree cutting on weekends. Mr. Davis noted even with a Code Enforcement Officer present, they can only post the property; the police department would have to be involved if the activity continued. Mayor Ferrell allowed Suzanne Vargo to comment, as this report is in response to her prior citizen comments. Ms. Vargo is concerned Mr. Ellingson has continually demonstrated unwillingness to comply with the laws and regulations. She feels he is purposely misleading the city. • Community Events Mayor Ferrell reported on the successful 25th Anniversary Celebration Korean Community Meeting at the Performing Arts and Event Center on September 21; the Federal Way Farmer's Market Chili Cook -Off on September 23. He noted Advancing Leadership is hosting the annual "Evening with the Stars" Fundraiser on October 7 at 5:30 p.m. at Federal Way Community Center; and the annual Kiwanis Oktoberfest fundraiser for the city's Inclusion program will be held this Friday. 4. CITIZEN COMMENT Lori DeVore spoke on behalf the Friends of Camp Kilworth and the preservation of the remarkable property. She understands that there are complications but asked that the Council keep their open minds to possibilities. Mary L. Ehlis thanked the Mayor and Council for listening and being responsive as she has talked about Camp Kilworth over the years. She reported the Pacific Harbors Council has abdicated their responsibility towards the property by pulling the ranger from the site leaving it vulnerable. It has been posted as private property which prohibits neighbors from helping protect the neighborhood. Mayor spoke to the Camp Kilworth property and its importance. He indicated that he will ask staff to reach out to the Boy Scouts who have possession of this property and ask them to Federal Way City Council Regular Minutes Page 4 of 9 October 3, 2017 secure the historic building from loss. Twylia Westlinq, resident of Northeast Tacoma and founding member of Advocates for a Cleaner Tacoma, has a responsibility as a Anishinaabewe or Ojibwe woman to protect the environment and the Salish Sea. She spoke against the LNG Plant and the risks involved with their development. David Long, student of Lakota Middle School and member of Boy Scout Troop #398, expressed his hopes the City Council can vote to buy the camp and use it for youth activities. Dana Hollaway stated that the current Industrial Realty Group (IRG) applications and pre - applications do not adhere to the concomitant agreement or the current zoning. She expressed a concern with the timing of the pedestrian crosswalks at S 320th Street and Pacific Highway South indicating there is not enough time to cross the street. She also asked if the proposed Sound Transit station will have public restrooms. Mayor Ferrell noted the bathroom question is a topic that is being discussed. Lori Sechrist, President of the Save Weyerhaeuser Organization, thanked Community Development Director Brian Davis for the comprehensive report provided during the presentation portion of the meeting. She wants to relay this is a regional concern, not just the Northlake Neighborhood. She highlighted the potential traffic impact of the warehouse proposals. Nanette Reetz has lived in Browns Point for 26 years and owns the UPS Store in Twin Lakes. She attended the May 2 City Council Meeting regarding LNG /Puget Sound Energy. She asked again for a study session and for the mayor and council to be good environmental stewards. Jerry L. Graham spoke regarding the taxes already collected for the Sound Transit Extension Project and wondered where that money has gone. He also asked if the City would work with IRG to develop a corporate park rather than warehouses. Kian Craig, member of Boy Scout Troop #398, asked Council to save Camp Kilworth stating it would mean a lot to many Boy Scouts. James Weber, member of Boy Scout Troop #398, shared that Camp Kilworth is more than a historic place but an amazing impactful place; he has learned so many things. Mikey Blake, member of Boy Scout Troop #398, stated that they all want to save Camp Kilworth for themselves and upcoming generations. He has not only learned great skills but has had fun and developed his personality. Mayor Ferrell announced State Representatives Mike Pellicciotti and Kristine Reeves were in attendance. Leanne Schock, an Eagle Scout mom from Boy Scout Troop #692 and Board Member with Camp Curran Community Association, shared her experience with the promised closure of Camp Curran. They were able to save their camp and hopes the Friends of Camp Kilworth will be able to do the same. Gretchen Paletta is related to the Kilworth family but has had no involvement with the foundation until this point. She shared the history of Mr. Will Kilworth and his vision for Camp Kilworth. Bryan Tabrum spoke to save Camp Kilworth as a veteran of the United States Armed Forces. He invited those in attendance to watch video of the Rotary Lodge dedication from 1936 where Mr. Will Federal Way City Council Regular Minutes Page 5 of 9 October 3, 2017 Kilworth indicated the camp was to teach patriotism, scout skills, self - reliance, and kindred virtue. He shared his scouting experience helped prepare him for his deployment. Lynne Lonq outlined the fight that has been ongoing to preserve and save Camp Kilworth. She indicated that big money is to be made by compromising the earth and that it is a time to take a stand. Steven Storms, lives in Northeast Tacoma and worked for Weyerhaeuser, came to alert Council to the risk the liquefied natural gas (LNG) both safety -wise and economically. Suzanne Vargo outlined the corporate park zoning included within the concomitant agreement for the former - Weyerhaeuser Property. She questioned why the letter of the law is not being upheld. Betty Taylor provided an update on her Lei Project and thanked those who have helped through donation and assembly. The leis are being sent world -wise and most currently to Houston through World Vision. Letter read into the record by City Clerk from Paul McDaniel asking questions regarding the Performing Arts and Event Center (PAEC) financing and the city budget. 5. CONSENT AGENDA a. Minutes: September 19, 2017 Regular Meeting b. Printer Maintenance Contract Award c. Performing Arts & Event Center (PAEC) 2017 -2018 Season Passport Printing and Mail Services d. Performing Arts & Event Center (PAEC) Art Installation Contract Ratification e. Monthly Financial Report - July 2017 f. Monthly Financial Report - August 2017 g. Vouchers - July 2017 h. Vouchers - August 2017 DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A -H AS PRESENTED; COUNCILMEMBER MOORE 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. COUNCIL BUSINESS a. Brito Settlement City Attorney Ryan Call noted the Council has been briefed on this claim which has been reviewed and evaluated by staff. DEPUTY MAYOR BURBIDGE MOVED TO AUTHORIZE STAFF TO SETTLE THE BRITO CLAIM IN Federal Way City Council Regular Minutes Page 6 of 9 October 3, 2017 THE AMOUNT OF $30,000; COUNCILMEMBER ASSEFA - DAWSON 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 b. Interagency Agreement Amendment and Funding Approvals with Washington State Department of Enterprise Services and Interfund Loan Authorization for the LED Street Light Conversion Project Deputy Public Works Director Desiree Winkler briefed Council on the LED Street Light Conversion Project and the use of an interfund loan. Ms. Winkler noted in January 2017 Council authorized staff to apply for a Department of Commerce Energy Savings Grant and enter into an Interagency Agreement with Washington State Department of Enterprise Services to complete the Investment Grade Audit. Council accepted the DOC Energy Savings Grant in the amount of $350,000 in July 2017. Ms. Winkler noted the LED Street Lights use far less energy with a minimum of 55 -60% energy reduction, provide superior illumination, require less maintenance than high pressure sodium lights (HPS) and are easily controlled for dimming purposes. She noted the Washington State Department of Enterprise Services (DES) program supports public agencies in completing energy savings projects. The energy utility dollars saved and utility rebates are used for project costs; the consultant guarantees maximum construction cost and energy savings are achieved. DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULES OF PROCEDURE AND EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER MOORE 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 Director Winkler reviewed the replacement costs including the 2,342 city owned streetlights, Puget Sound Energy LED Conversion Construction (including capital for lights, arms, and poles; electricity; and maintenance); Street Light Controls; and Project Contingency. Councilmembers thanked Ms. Winkler for the presentation. Councilmember Honda is concerned with the interfund loan and assuming a cost savings; she would like to have more time to study this. COUNCILMEMBER HONDA MOVED TO TABLE THIS PROPOSAL. Motion died for a lack of a second. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE INTERAGENCY AGREEMENT TO COMPLETE THE DESIGN AND CONSTRUCTION FOR CITY OWNED LED STREET LIGHT CONVERSION IN THE AMOUNT NOT TO EXCEED $2,031,541, AND AUTHORIZE STAFF TO UTILIZE AN INTERFUND LOAN UP TO $2,500,000 FOR ALL PHASES OF THE LED STREET Federal Way City Council Regular Minutes Page 7 of 9 October 3, 2017 LIGHT CONVERSION PROJECT; COUNCILMEMBER MOORE SECOND. The motion passed 6 -1; Honda dissenting. Deputy Mayor Burbidge yes Councilmember Koppang yes CouncilmemberAssefa - Dawson yes Councilmember Moore yes Councilmember Celski yes Councilmember Duclos yes Councilmember Honda no 7. COUNCIL REPORTS Councilmember Assefa- Dawson attended the showing of the Homestretch documentary at the King County Library with Deputy Mayor Burbidge. She shared that it was a great experience that provided hope. Last Sunday she volunteered at the We Love Our City Event with approximately 300 people. She shared her own experience with increased rent and asked Council to work towards finding a solution for her and others in a similar situation. Councilmember Celski attended the Korean Quarterly Meeting and learned a lot about their influence over the city for the past twenty -five years. During this meeting each director gave a report which he found to be witty, humorous, informative, and entertaining. He asked people to save the date for the MSC Helps Luncheon scheduled for Thursday, October 19 at Emerald Downs. Councilmember Honda announced the 3rd Oktoberfest on October 6 which raises money for the Inclusion Program at the Community Center. She shared her vision for Camp Kilworth including the city take over the property for ten years keeping the camp open with the scouts maintaining the camp. She would like to get more information on the LNG plant and have a study session regarding the potential impact to our residents. Councilmember Koppang spoke regarding the We Love Our City and the 300 -400 individuals who did acts of service throughout the city. He is on the board of Advancing Leadership and announced the Evening with the Stars event on October 7th at the Community Center. He reminded everyone that Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee meeting is scheduled for October 10 at 5:00 p.m. Councilmember Moore thanked a friend in the audience for accompanying him at the State Legislature. He thanked the Weyerhaeuser Coalition for their approach to the ongoing issue and indicated that he listens intently to their ongoing feedback. He thanked the Boy Scouts for their attendance and desire to save Camp Kilworth. Councilmember Duclos shared she also supports Camp Kilworth, not just for the Boy Scouts but also for the Girl Scouts and other citizens in the community who would like to enjoy some open space. She would like to see more parks and preserved undeveloped land. She indicated that the city is doing everything to make sure IRG is following the agreements, but that times have changed and the owners do not have the same vision. Deputy Mayor Burbidge announced the next meeting of the Lodging Tax Advisory Committee (LTAC) Meeting is scheduled for October 11 at 10:00 a.m. She agreed with Councilmember Assefa- Dawson's report on the documentary and appreciated the guests invited by the library to share information and resources. She enjoyed volunteering with the We Love Our City on. She will attend the Puget Sound Gateway Committee meeting tomorrow morning regarding the planning and implementation of the Highway 167 and 509 projects. She also announced choral and symphonic concerts to be held in the upcoming weeks. Federal Way City Council Regular Minutes Page 8 of 9 October 3, 2017 8. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 10:25 p.m. Attest: L1'Jr ►�L�.II...' .nie Courtney City Clerk Approved by Council: 1V/r1/20t7 Federal Way City Council Regular Minutes Page 9 of 9 October 3, 2017