Council MIN 06-07-1994 Special & Regular
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FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
June 7, 1994
MINUTES
m
I.
CALL MEETING TO ORDER
Mayor Gates opened the special session of the Federal Way City Council at 6:02 p.m., in
Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mayor Mary Gates, Deputy Mayor Phil Watkins, Council members Ray
Tomlinson, Ron Gintz, Skip Priest, Bob Stead, Hope Elder.
-
City Staff present: City Manager Ken Nyberg, City Attorney Carolyn Lake, City Clerk
Maureen Swaney.
ll.
EXECUTIVE SESSION
Mayor Gates immediately recessed the special session and announced a 30-minute executive
session for City Manager evaluation pursuant to RCW 42.30. 110(g).
ill.
ADJOURNMENT
Mayor Gates adjourned the executive and special sessions at the hour of 6:45 p.m..
*****
REG
I.
CALL MEETING TO ORDER
Mayor Gates opened the regular meeting of the Federal Way City Council at 7:00 p.m., in
Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mayor Mary Gates, Deputy Mayor Phil Watkins, Councilmembers Ray
Tomlinson, Ron Gintz, Skip Priest, Bob Stead, Hope Elder.
City Staff present: City Manager Ken Nyberg, City Attorney Carolyn Lake, Deputy City Clerk
Chris Green.
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FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
June 7, 1994 - Page 2
ll.
PLEDGE OF ALLEGIANCE
Council member Tomlinson led the flag salute.
ill.
PROCLAMATION/PRESENTATIONS
a.
b.
National Flag Day Proclamation
School District Student Art Show Presentations
Mayor Gates read and presented the National Flag Day proclamation to Georgia Lercara,
Corresponding Secretary of Soroptimist International of Federal Way. Ms. Lercara presented
the city with a U.S. flag flown over the United States Capitol on March 28, 1994, at the request
of the Honorable Mike Kreidler, Member of Congress.
Arts Commission Chair Jeanne Burbidge and Mayor Gates presented the art show certificates
to the students in attendance.
IV.
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CITIZEN COMMENT
Margaret Nelson and Lisa Grimes - thanked the Council, staff and citizens for their support of
the new Family Funland playground area constructed at Steel Lake Park; Dorothy Elliott and
Florence Bogart - expressed the need for affordable senior housing in the City of Federal Way;
AI McVay - invited Council members to support a program entitled "Moving Federal Way
Forward"; Helen Middlebrooks - expressed disappointment at the resignation of Parks Director
Joe Stevens; Jeanne Burbidge, Arts Commissioner Chair - reported the commission identified
issues in developing Celebration Park at their recent retreat.
Mayor Gates thanked the volunteers who gave of their time to complete the Family Funland
project, and announced other citizen concerns and suggestions will be reviewed by the
appropriate Council committees.
v.
CONSENT AGENDA
a.
b.
c.
d.
Voucher/June 7, 1994
Minutes/May 17, 1994
Accept/File April 1994 Financial Report
Enactment Ordinance/Council Bill #88/Revise 1994 Budget
APPROVED ORDINANCE NO. 94-211
Tacoma/Federal Way Purchasing Interlocal
Resolution/ Amendment to City Council Rules
APPROVED RESOLUTION NO. 94-176
e.
f.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
June 7, 1994 - Page 3
Motion by Council member Stead to approve all consent agenda items; second by Councilmember
Gintz. Motion passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
yes
yes
VI.
PUBLIC HEARING
JOINT PUBLIC HEARING WITH PLANNING COMMISSION
Weyerhaeuser Proposed Annexation Zoning & Comprehensive Plan
1.
2.
3.
Staff Presentation
Testimony from Property Owners being Rezoned
Testimony from Interested Citizens
Mayor Gates opened the public hearing at the hour of 7:30 p.m., and welcomed the Planning
Commissioners. The following Planning Commissioners were in attendance: Chair Mark
Freitas, Commissioners Rick Feutz, Diana Noble-Gulliford, Luana Joslin, Sandra Rippenthrop,
Robert Vaughan, William Shortt. Commissioner Freitas announced the excused absences of
Commissioners Bob Griebenow and Duane Denny.
Mayor Gates then read an outline of the procedure for conducting the hearing, and announced
this is the first of the required public hearings; the second will be held on July 19 during the
Council's regular meeting. The Planning Commission will meet June 15 to review the proposed
annexation zoning and comprehensive plan, with recommendation back to full Council.
Senior Planner Greg McCormick presented the staff report and provided updated vicinity maps
and lists of permitted uses. He advised the proposed area would create two new zoning districts.
Council member Watkins asked City Attorney Lake's opinion on Council ex parte contacts. Ms.
Lake responded the requirements do apply due to Council's quasi judicial status and appearance
of fairness--there should be no prejudgment based on any testimony presented and Council-
members should disclose any contacts at public hearings, and state if such contact would cloud
their decision. Councilmember Tomlinson advised he and Councilmember Priest both served
on a commission with two of the people involved, but it would not affect his decision-making
ability. Council member Priest said he and Councilmember Stead were contacted by a
Weyerhaeuser representative over a year ago and received written information, which was then
given to city staff. He was invited and attended a meeting last night at the North Lake
Community Center wherein the general impact of the annexation was discussed--he does not feel
such contact affects his judgment.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
June 7, 1994 - Page 4
Councilmember Stead disclosed he also attended the meeting at North Lake Community Center
last night, and has discussed the annexation in his capacity as a member of the GMPC--he stated
neither contact will bias his judgment. Mayor Gates disclosed she has had contact with Lynn
Claudon and Steve Lewis during Economic Development Board meetings, but such contact
would not interfere with her decision-making abilities.
The Planning Commissioners were also advised to disclose any ex parte contact, for which none
was identified.
Ms. Lake cautioned all parties to limit discussion to that of pre-annexation zoning agreements.
Mayor Gates then invited participation by applicants.
Steve Lewis, President of the Weyerhaeuser Real Estate Company, spoke in favor of the
proposed annexation and said Weyerhaeuser looks forward to a long associatiõn with the City.
Kevin Beck, representative for Puget Power, reported the company is pleased to be a part of the
proposed annexation. Also in attendance was Bob Braukus, General Manager of Puget Power.
William Chase of the Chase Trust spoke in favor of the proposed annexation.
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There were no representatives present on behalf of the Federal Way School District, State of
Washington (North Lake Boat Launch Facility) or the Church of Jesus Christ Latter-Day Saints.
John Smith, representing his mother Rachel Smith, expressed concerns about the proposed
zoning changes and its affect on property values. He has been advised there is a possibility his
mother's house couldn't be reconstructed in the event it burned since her property encompasses
a wetland.
Councilmember Stead disclosed he has Puget Power stock; Mayor Gates said she will check her
investment portfolios, as may also own stock in Puget Power or Weyerhaeuser.
Mayor Gates then opened the hearing to additional public testimony.
Jean Parietti, resident of North Lake area, favors the proposed annexation in general, however,
prefers more restrictions for gas stations, cafes, hotels/motels and other commercial usage
between SR18 and North Lake, and is concerned about traffic impacts from SR18. Would like
increased buffers between Weyerhaeuser and residential properties, and wants heliport area
limited to properties in the vicinity of highway. Ms. Parietti was the only citizen providing
input at this time.
Councilmember Watkins inquired about the 12-month time element requirement for adopting the
interim zoning and comprehensive plan under CityShape.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
June 7, 1994 - Page 5
In response to inquires from Council members Watkins and Tomlinson and Commissioner Joslin
about allowed uses, e.g., hotels/motels and heliports, in the proposed zones, Mr. McCormick
invited Jerry Hillis of the Weyerhaeuser Company to respond to their questions. Mr. Hellis
explained that Weyerhaeuser has no specific plans for additional heliports in the area, but has
discussed the possibility of constructing a small conference center with residential living
quarters.
Commissioner Feutz inquired about mitigation banking with respect to additional development
on the corporate campus site for wetlands and suñace water.
Commissioner Freitas inquired about code enforcement and boating liability on North Lake.
Ms. Lake responded the State has jurisdiction; the boat launch facility contracts with King
County for protection.
Commissioner Noble-Gulliford asked about jurisdictional building code application in the
proposed annexation area; Ms. Lake advised the county code is effective until annexation has
been approved and would then fall under the city's code.
Commissioner Freitas said the commissioners would address the inquiries at their upcoming
meeting on June 15, and will forward all information to Council. Mr. McCormick reported he
will follow up with the Planning Commission and the Council's Land Use/Transportation
Committee recommendations. The second public hearing is scheduled for July 19 to consider
the concomitant agreement and annexation issues.
Mayor Gates closed the public hearing at the hour of 8:40 p.m., announced the second hearing
is scheduled for July 19, 1994, and announced a brief recess.
Mayor Gates reconvened the meeting at 8:50 p.m..
VIT.
INTRODUCTION ORDINANCES
a.
Council Bill #89/Model Traffic Ordinance/1994 Update
AN ORDINANCE OF THE CITY COUNCŒ..OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDINO FEDERAL WAY
CITY CODE SBCI'ION 15-1, THE CITY'S ADOPTION OF THE WASlßNGTON MODBL TRAFFlC ORDINANCE (MfO) AS
CONT AJNED IN THE W ASHINOTON ADMlNISTRA TIVB CODE, CII. 308-330 WAC. TO REOULA Tn TRAFFIC IN THE CITY
OF FEDERAL WAY. AND AMENDING FEDERAL WAY CITY CODE SECTIONS 15-31.15-32,15-33, THE CITY'S.08 DWl
AND PHYSICAL CONTROL PROVISIONS TO RBFLECr REVISIONS PURSUANT TO WASlßNGTON LAW OF 1994,
CHAPTER 7:1S (AMENDS ORDINANCE NOS. 91-91, 92-131, 93-163, AND 93-200).
Mayor Gates presented the introduction reading of the ordinance; emergency enactment is
scheduled for June 21.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
June 7, 1994 - Page 6
b.
Council Bill #90/DWI Punishmentl1994 Update
AN ORDINANCE OF THE CITY COUNCll.OF THE CITY OF FEDERAL WAY. WASHlNOTONBNACTlNO PENALTIES FOR
DRIVINO WHILE UNDER THE INFLUENCE AND PHYSICAL CONTROL WHILE UNDER THEINFLUENCBAND IMPOSINO
FEES IN THE EVENT OF CONVIcnON FOR DRIVINO WHILE UNDER THE INFLUENCE, PHYSICAL CONTROL WHILE
UNDER THE INFLUENCE, SENTENCINO UNDER A LP.SSER CHAROB, OR THE ORANTINO OF A DBFBlUWD
PROSECUTION AND SBTTINO lŒQUIRBMENTS FOR ASSBSSMENT AND TIŒA TMENT FOLLOWINO A CONVIcnONFOR
DRIVINO WHILE UNDER THE INFLUENCE OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE. (ADDINO
FIIDERAL WAY CODE SECI'IONS 15-35, 15-36, 15-37, 15-38, AND 15-39)
Mayor Gates presented the introduction reading of the ordinance; emergency enactment is
scheduled for June 21.
VIII .
COUNCIL BUSINESS
a.
b.
Resolution/Blackberry Hill Preliminary Plat
Legislative Agenda
Associate Planner Mike Thomas presented the staff report and responded to Council questions.
Council member Watkins inquired about the width of the wetland buffer and whether or not the
driveways will be paved. Council member Priest mentioned the elevation of the existing roadway
culvert was incorrectly constructed by King County, and is part of the area known as the Teabos
depression.
Council member Gintz said it is a unique application, as it provides affordable housing and a
forested area for children to enjoy. Councilmember Tomlinson inquired about the price ranges
of proposed residences. Michael Lorenz of Jan-Wes Homes reported the homes will range from
$129,000-135,000, and will be approximately 1,500 square feet. Councilmember Stead said he
has two concerns: (1) traffic flow and (2) the water drainage basin. Councilmember Priest
inquired about road surface impact--Engineer Ron Garrow explained drainage is the same for
compacted gravel vs. asphalt coverage. Councilmember Gintz inquired about the roadway
configuration, and Mayor Gates asked if a water capacity analysis has been completed. Mr.
Garrow advised staff has reviewed both areas and did not identify any problems.
Motion by Council member Tomlinson to approve the preliminary plat of Blackberry Hill; second
by Councilmember Gintz.
Councilmember Elder questioned the paving of a wetland area, and inquired about the l00-foot
buffer. Mr. Thomas advised the wetland area would not be paved.
Mayor Gates asked the City Attorney to address lot sizes and buffer intrusion. Ms. Lake
advised both have been contemplated and allowed under the code, as reflected by the Hearing
Examiner's decision. Deputy Mayor Watkins said he feels the Hearing Examiner's decision is
inconsistent with the comprehensive plan.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
June 7, 1994 - Page 7
Motion to approve the preliminary plat of Blackberry Hill failed as follows:
Gates
Tomlinson
Gintz
Priest
no
yes
yes
yes
Watkins
Stead
Elder
no
no
no
Council member Tomlinson asked if a vote could be taken for a minor modification. Ms. Lake
advised the Council has already voted to deny the plat, and she must issue a report of denial,
based on the finding the Hearing Examiner recommendation is in conflict with the code. It
would then require a new application be filed with the city. The other alternative would be to
move for reconsideration at this time.
Council member Priest expressed concern about the applicant's additional costs if a new permit
processing is required--the homes would no longer be affordable. Council member Stead asked
about remanding the plat to the Hearing Examiner; Ms. Lake advised that is possible if done at
this time.
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Council member Stead moved for reconsideration; second by Mayor Gates. Motion passed as
follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
yes
yes
Council member Stead moved to remand the Blackberry Hill preliminary plat back to the Hearing
Examiner to address wetland, water run off and traffic; second by Council member Elder.
Gates
Tomlinson
Gintz
Priest
yes
no
yes
yes
Watkins
Stead
Elder
yes
yes
yes
With respect to the legislative agenda, Management Assistant Dena Laurent explained that all
proposed resolutions are tentative "draft" resolutions to be taken to A WC at their upcoming
conference. Mayor Gates explained these are not the city's legislative agenda, only that of
A WC. She would like two additional resolutions prepared for submittal, those being (1) voter
registration maintenance costs and (2) co-planning and coordinating utility construction with
construction and resurfacing of roadways. Ms. Laurent asked that all Councilmembers indicate
their preferences to her by Friday, June 10.
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FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
June 7, 1994 - Page 8
IX.
CITY MANAGER. REPORT
Mr. Nyberg reported a claim of discrimination against the city for an employee vacancy has
been dismissed. The Council packet now has a new format for agenda cover sheets--there are
two areas for his approval, one for recommendation and the second for content approval. The
Red, White and Blue flyers for the July 4th celebration have been distributed. He will be away
from city hall on June 9; Assistant City Manager Steve Anderson will be Acting City Manager.
Mr. Nyberg reminded Council of the scheduled executive session prior to adjournment; the
subjects are property acquisition and litigation, and should take approximately 10-15 minutes.
x.
CITY COUNCIL REPORTS
Councilmember Stead reported the work of the GMPC has been completed. The King County
Council will review and modify, and then present to the cities for ratification. King County
Executive Gary Locke is in the process of appointing a task force for regional financing
strategies; Council member Stead said he feels it is very important to have a Federal Way area
representative. He would be willing to serve, however, the task force's recommendations will
be brought back to GMPC members for review. Mayor Gates agreed it is extremely important
to have Federal Way represented on the task force; she proposed the name of Lynn Michaelis
for the position.
Motion by Council member Stead to forward the name of Lynn Michaelis to Mr. Locke as the
city's recommendation for the regional financing strategies task force; second by Councilmember
Gintz.
Deputy Mayor Watkins said he would also like to recommend Jim Boldt for the task force.
Councilmember Stead said he would accept the recommendation as a friendly amendment;
Councilmember Gintz concurred.
Motion to recommend Lynn Michaelis and Jim Boldt, as members of the regional financing
strategies task force, passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
yes
yes
Mayor Gates asked Mr. Nyberg to personally contact both Michaelis and Boldt via phone
tomorrow, to see if they will accept the Council's recommendation for being named to the task
force; Mr. Nyberg will then draft a letter of recommendation to Executive Locke for the
Mayor's signature.
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FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
June 7, 1994 - Page 9
Council member Priest reported the Land U seITransportation Committee agreed to expedite the
county-wide growth management policies. Their next meeting is scheduled for June 20, at
which time the committee should be receiving some information on urban centers.
Council member Tomlinson moved for suspension of council rules to continue beyond the hour
of 10:00 p.m.; second by Councilmember Priest. Motion passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
yes
yes
Council member Elder reported on her attendance at recent King County public safety meetings.
The next Community Safety Task Force meeting is scheduled for June 14. The next regular
meeting of the Public Safety/Human Services Committee will be held July 7 at 7:30 a.m..
Mayor Gates reported on tonight's special session for the purposes of an executive session to
discuss the City Manager's employment with the city; action is to be taken to (1) replace the
City Manager's "interim" position to that of "permanent" and (2) schedule an amendment to the
City Manager's contract for the June 21 regular meeting, in order to fulfill the manager's
contract to what was originally intended, and to extend the contract through December 1995.
Mayor Gates said the Council needs to appoint two members to serve on a liaison committee
with the Water/Sewer District. Motion by Mayor Gates to appoint Council members Priest and
Gintz to those positions; second by Council member Tomlinson. Motion passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
yes
yes
XI.
EXECUTIVE SESSION
a.
b.
Property Acquisition/Pursuant to RCW 42.30. 110(b)
Litigation/Pursuant to RCW 42.30. 110(i)
Mayor Gates recessed the regular meeting at 9:55 p.m., and announced a IS-minute executive
session to discuss property acquisition pursuant to RCW 42.30. 110(b), and litigation pursuant
to RCW 42.30. 110(i), with action anticipated at the conclusion.
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FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
June 7, 1994 - Page 10
Mayor Gates adjourned the executive session at 10:05 p.m., and reconvened the regular meeting.
Motion by Council member Stead to authorize the City Attorney to enter into a joint motion to
dismiss the pending action in the United States Court of Appeals between the Federal Way
Water/Sewer District and the City of Federal Way; second by Council member Elder. Motion
passed as follows:
Gates
Tomlinson
Gintz
Priest
yes
yes
yes
yes
Watkins
Stead
Elder
yes
yes
yes
XII.
ADJOURNMENT
There being no further business to come before the Council, Mayor Gates adjourned the regular
meeting of the Federal Way City CoUA hO~ 4 J
N. Christine Green --
Deputy City Clerk