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Council MIN 01-18-2011 SpecialCITY OF .� Federat Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall January 18, 2011 - 5:30 p.m. www. cifyoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:31 p.m. Councilmembers present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Linda Kochmar, Councilmember Jeanne Burbidge, Councilmember Mike Park, Councilmember Jack Dovey and Councilmember Roger Freeman. Councilmember Ferrell arrived at 5:46 p.m. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. Mitchell, Veeder, Deynaka Quasi-Judicial Rezone Request Mayor Priest declared the public hearing open at 5:31 p.m. He reviewed the format for the quasi-judicial hearing and stated the purpose of the meeting is for the City Council to hearand consider the pertinent facts relating to the application for the rezone and to approve or deny the request. Council may wish to impose conditions and/or restrictions if the application is improved. Mayor Priest asked if any members of the audience objected to any Councilmembers participation in the proceedings. Hearing no objections, he then asked if any of the Councilmembers have an interest in the properties or issue. Councilmembers stated they did not. Mayor Priest asked if any Councilmember stands to gain or lose any financial benefit as a result of the outcome of this hearing. Councilmembers stated no. Mayor Priest asked Councilmembers if they were able to hear and consider this issue in a fair and objective manner. Councilmembers stated yes. Lastly, Mayor Priest asked if any of the Councilmembers had engaged in communication outside this hearing with opponents or proponents on this issue. If so, that member must place on the record the substance of any such communication so that other interested parties may have the right at this hearing to rebut the substance of the communication. The Council did not have any outside communication to disclose. City Council Minutes — January 18, 2011 Special Meeting Page 1 of 3 Senior Planner Deb Barker stated the rezone request was for 4 parcels from current zoning of RS 9.6 to RS 7.2 zoning. Ms. Barker reviewed the Hearing Examiners Recommendation which recommends denial of the request on July 22, 2010. She reviewed the non-project related rezone decision criteria. In his recommendation the Examiner noted the proposed rezone is not consist with the comprehensive plan. W illiam Lynn, representative for the three applicants, stated this was a modest rezone request that retains the zoning of the neighborhood. The rezone is supported by the recent availability of sewers in the area. The property lies at a transition between single family residential and multi-family residential. Mr. Lynn spoke to neighbors concerns that the rezone would allow different homes than are what is currently in the neighborhood. Councilmember Ferrell arrived at 5:46 p.m. Mayor Skip priest asked Councilmember Ferrell if he had an interest in the properties or issue or if he stands to gain or lose any financial benefit as a result of the outcome of this hearing. Councilmember Ferrell stated no. Mayor Priest asked Councilmember Ferrell if he was able to hear and consider this issue in a fair and objective manner. Councilmember Ferrell stated yes. Mayor Priest asked if Councilmember Ferrell had engaged in communication outside this hearing with opponents or proponents on this issue. If so, that member must place on the record the substance of any such communication so that other interested parties may have the right at this hearing to rebut the substance of the communication. Councilmember Ferrell had no outside communication to disclose. Citizen Comments: Wolfqanq Erbe spoke in opposition to the proposed rezone. He does not want to see trees removed, increased traffic and the neighborhood diminished. Leslie Perrault spoke in opposition to the proposed rezone. She fears the rezone would increase traffic which will impact the pedestrian safety in the neighborhood. Dannie Austin spoke in opposition to the proposed rezone. He feels the rezone will diminish the character of the neighborhood. Sherrv Kerr spoke in opposition to the proposed rezone. Ms. Kerr feels the rezone will increase traffic through the neighborhood which has a lot of pedestrians. John Reed spoke in opposition to the proposed rezone. Mr. Reed stated the communitywants to preserve their current quality of life. Joseph Mitchell spoke in support of the rezone. He feels it is a modest request that will not impact the current quality of life. Bruce Lee spoke in opposition of the proposed rezone. He supports the Hearing Examiners recommendation and feels the sewer will increase costs for homeowners. Lisa Johnston spoke in opposition of the proposed rezone and encouraged the Council to deny this request. The Council asked clarifying questions of Senior Planner Deb Barker regarding tree removal, sewers access, and street access along 51 S ` Ave. SW as well as setback requirements. City Council Minutes — January J8, 2011 Special Meeting Page 2 of 3 Mayor Priest declared the public hearing closed at 6:40 p.m. 3. EXECUTIVE SESSION � � . . � .. The Council did not adjourn to executive session. 4. ADJOURNMENT Mayor Priest adjourned the meeting at 6:40 p.m. Attest: G Carol McNeilly, CM , City CI rk Approved by Council: February 1, 2011 City Council Minutes — January 18, 2011 Special Meeting Page 3 of 3