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Council MIN 08-16-1994 Regular ,,:,: FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall August 16, 1994 - 7:30 P.M. MINUTES 1. CALL MEETING TO ORDER Acting Mayor Watkins opened the regular meeting of the Federal Way City Council at the hour of 7:37 p.m., in Council Chambers, City Hall, Federal Way, Washington. City Council present at time of call to order: Acting Mayor Phil Watkins, Councilmembers Ray Tomlinson, Skip Priest, Bob Stead. Excused absence: Mayor Mary Gates. Absent: Councilmembers Ron Gintz, Hope Elder. City Staff present: Acting City Manager Steve Anderson, City Attorney Londi Lindell, City Clerk Maureen Swaney, Deputy City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE . Councilmember Priest led the flag salute. lIT. CITIZEN COMMENT David Thorstad - addressed Council with respect to censorship of Council contact; City Attorney Lindell advised any contact with Council may jeopardize future action under quasi judicial proceedings. Acting Mayor Watkins advised citizen Thorstad he should refrain from speaking until the appropriate time, e.g., a public hearing. IV. CONSENT AGENDA c. d. Minutes/July 19, 1994 & August 2, 1994 Resolution/Grouse Pointe Divisions II & III Final Plat APPROVED RESOLUTION NO. 94-181 Resolution/Blackberry Hill Preliminary Plat Council Bill #96/Enactment Ordinance/Weyerhaeuser Annexation APPROVED ORDINANCE NO. 94-219 Cooperative Agreements/Brook Lake Restoration/Enhancement a. b. e. Councilmember Stead pulled consent item (c) for discussion purposes. COpy FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES August 16, 1994 - Page 2 Motion by Councilmember Priest to approve consent items (a), (b), (d), (e); second by Council member Tomlinson. Motion to approve those items passed as follows: Gates Tomlinson Gintz Priest absent yes absent yes Watkins Stead Elder yes yes absent Council member Stead spoke to consent item (c); he said this is the Council's fIrst look at clustering under the code and feels it doesn't meet requirements. Council members Elder and Gintz arrived in chambers at 7:50 p.m.. Council member Stead moved for adoption of the Blackberry Hill preliminary plat with the following modifications: That lot 2 be withdrawn from the parcel and the buffer between lot 2 and 312th Street be maintained; that lot 2 (or other lot) be relocated to the northern boundary of the plat, conditioned upon the same amount of open space being available; second by Councilmember Elder. Acting Mayor Watkins asked the City Attorney to clarify the Council's options with respect to the proposed plat. Ms. Lindell advised the Council has the options to (1) deny; (2) approve; (3) approve with minor modifications; (4) schedule a public hearing to consider major modifications; or (5) remand to the hearing examiner. Council member Tomlinson questioned Councilmember Elder's ability to second the motion based on her late arrival in chambers; Councilmember Elder said she doesn't have a problem in doing so. Discussion then focused on buffering and traffic; Associate Planner Mike Thomas, Community Development Director Greg Moore and Public Works Director Philip Keightley responded to a variety of questions by Council. Following discussion about possible reconfiguration of the proposed plat, Councilmember Gintz expressed a concern about the developer's added expenses for such additional engineering requirements. Council member Tomlinson called for the question; the modified main motion by Councilmember Stead failed as follows: Gates Tomlinson Gintz Priest absent no no no Watkins Stead Elder yes yes yes FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES August 16, 1994 - Page 3 Council member Tomlinson moved for approval of the original plat; second by Councilmember Gintz. Council member Tomlinson queried the developer Walt Shaefer as to setback redesign of the plat. Council member Tomlinson then withdrew his earlier motion and moved to approve the plat, with an amendment to move lot 2 back an additional ten feet; second by Councilmember Gintz. Motion by Council member Stead to table the plat to the next regular meeting; second by Council member Elder. Motion failed as follows: Gates Tomlinson Gintz Priest absent no no no Watkins Stead Elder yes yes yes Councilmember Gintz inquired about the possible violation of the clustering code. Ms. Lindell said code setback requirements have been met. Additionally, Ms. Lindell advised Council- members that the open space requirements pursuant to the clustering code provisions were subject to their discretion. Councilmember Priest said be feels the plat should go back to committee for additional review and recommendation. Motion by Councilmember Elder to refer back to committee to decide proper buffering; she was ruled out of order due to the motion currently on the floor. Councilmember Stead said the Council must decide if the plat meets the intent of the city code; he added that property development is always a risky business for those concerned. Acting Mayor Watkins said since this is the first time the city has reviewed the clustering concept of the code, a precedent is being established. Councilmember Tomlinson called for the question; motion to approve the proposed plat, with the amendment that lot 2 be moved back an additional ten feet, failed as follows: Gates Tomlinson Gintz Priest absent yes yes yes Watkins Stead Elder no no no Motion by Council member Priest to table the proposed Blackberry Hill plat resolution to a date certain in two weeks (next regular meeting); second by Council member Stead. Motion passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES August 16, 1994 - Page 4 Gates Tomlinson Gintz Priest absent no yes yes Watkins Stead Elder yes yes yes Councilmember Tomlinson requested staff to maximize the number of lots available for dwelling construction. V. CITY MANAGER REPORT Acting City Manager Anderson reported the 1993 fmancial audit has been completed, a copy of which is available in the Council Office. The audit will be reviewed at the upcoming Finance/Economic Development Committee meeting on August 25. He reminded Council of the necessity to hold a is-minute executive session to discuss pending litigation prior to adjournment. VI. CITY COUNCIL REPORTS Councilmember Stead reported the King County Council passed the Growth Management Policies yesterday, which will now be ratified by the Suburban Cities Association. He has talked with COPP Director Larry Springer, who will schedule a time for County Councilmember Chris Vance and/or Rob Odle of SCA to brief Council and staff during an upcoming City Council regular meeting. Councilmember Elder expressed disappointment in the failure of the Family Services Network restructuring, which would have established a new Federal Way School District boundary area; such failure was due to the lack of scheduling time to hold the required public hearing. Acting Mayor Watkins called a brief 5-minute recess at the hour of 8:32 p.m., and reconvened the regular meeting at 8:37 p.m.. VIT. EXECUTIVE SESSION Pending Litigation/Pursuant to RCW 42.30. 11 0 (i) Acting Mayor Watkins recessed the regular meeting at 8:37 p.m., and announced a is-minute executive session to discuss pending litigation pursuant to RCW 42.30. 11O(i), with no action anticipated. At 8:50 p.m., Mr. Anderson announced a continuation of the executive session for an additional ten minutes; at 9:00 p.m., an additional ten minute period was requested. Acting Mayor Watkins adjourned the executive session at 9:09 p.m., and reconvened the regular meeting. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES August 16, 1994 - Page 5 Acting Mayor Watkins clarified the Blackberry Hill preliminary plat has been tabled to the September 6 regular meeting. VITI. ADJOURNMENT There being no further business to come before the Council, Acting Mayor Watkins adjourned the regular meeting of the Federal Way ~Cil at the hour of 9: 10 p. m.. , Œk:tc_~.- N. Christine Green Deputy City Clark