Council MIN 08-13-1991 Special
FEDERAL WAY CITY COUNCIL
SPECIAL SESSION
MINUTES
August 13,1991 - 7:00 p.m.
Council Chambers - City Hall
33530 First Way South
Federal Way, Washington
Re: FOREST RIDGE
Council Hearing on Appeal
of Hearing Examiner's SEPA Determination
Present: Deputy Mayor Mary Gates and
Handmacher, Lynn Templeton and Jim Webster.
Councilmembers
Jim
Chair/Deputy Mayor Gates opened the hearing at 7:10 p.m., and read
the preliminary statement for conducting the hearing. She
explained the city Council has four decision options available: (1)
affirm Hearing Examiner's decision; (2) modify or reverse the
decision; (3) direct the Hearing Examiner to hold another hearing;
or (4) allow city Council to hold an additional hearing.
She announced Mayor Ertel and Councilmember Stead will not be
present as they were prior members of Appellant D.I.R.E., and both
chose not to participate in the appeal to avoid even the appearance
of impropriety. councilmember Marks will not be present as he has
had exparte contact with the developers of Forest Ridge since the
appeal has been pending, and determined that he would be unable to
render a fair or unbiased decision in this matter, so chose to
exclude himself from deliberations. All Councilmembers present
reported no exparte contact.
Senior Planning Stephen Clifton presented a chronology of past
events, as well as the city Staff report on appeal of Hearing
Examiner's decision. Staff Report on Appeal of Hearing Examiner
Decision and Staff Analysis of Appellant's Appeal of Hearing
Examiner Decision were filed for the record.
John C. McCullough, Attorney for Applicant, filed Applicant' s
Hearing Memorandum and copy of letter dated February 13, 1991,
directed to the City's Planning Department, for the record. He
then presented Applicant's case to Council.
ORIGINAL
FEDERAL WAY CI1Y COUNCIL SPECIAL SESSION
August 13, 1991 - Page 2
Jim Cron, representing Appellant
presentation to the Council.
D.I.R.E.,
gave
a
brief
Deputy Mayor Gates invited those persons in the audience who are
qualified to speak, to come before the Council. The following
citizens came forward to address various issues:
Lorraine Pederson/concerned about wildlife issues.
Martin Malonev/unable to speak as he had not spoken or presented
information at earlier examiner hearings.
Lorille Bird/concerned about wetland areas.
David Moore/also expressed concern about the wetlands.
Mr. McCUllough pointed out that Lorraine Pederson's statement is
new testimony and cannot be entered into the record.
Motion by Councilmember Handmacher to take a la-minute recess to
review Applicant's Hearing Memorandum just received by council;
second by Councilmember Templeton. Motion passed as follows:
Handmacher
Gates
Yes
Yes
Templeton
Webster
Yes
Yes
At 7:59 p.m., Deputy Mayor Gates announced the Council would take
a la-minute recess and reconvene at 8:09 p.m..
Deputy Mayor Gates reconvened the hearing at 8:09 p.m., at which
time Councilmember Handmacher requested and moved for an addi tional
5-minute recess for continued review of the memorandum; second by
Councilmember Webster. Motion passed as follows:
Handmacher
Gates
Yes
Yes
Templeton
Webster
Yes
Yes
At 8:10 p.m., Deputy Mayor Gates announced the Council would take
an additional 5-minute recess and reconvene at 8:15 p.m..
At 8:15 p.m., Deputy Mayor Gates reconvened the hearing.
Councilmember Handmacher moved to affirm the Hearing Examiner's
decision and adopt his findings and conclusions to require an
environmental impact statement for the further study of issues
related to traffic, wetlands, wildlife, parks and open space, but
to modify that portion of the Hearing Examiner's decision that
concludes the Hearing Examiner does not have the authority to
modify or impose conditions beyond what is stated in the threshold
decision being reviewed; second by Councilmember Templeton.
FEDERAL WAY CITY COUNCIL SPECIAL SESSION
August 13, 1991 - Page 3
Following discussion by Counci1members, a vote was taken on
Counci1member Handmacher's motion to affirm the Hearing Examiner's
decision with the proposed modifications. Motion passed as
follows:
Handmacher
Gates
Yes
Yes
Templeton
Webster
Yes
Yes
City Attorney Driscoll advised Council their decision needs to be
placed in writing for presentation to Council of Whole at the next
regular meeting.
Deputy Mayor Gates
adjourned the hearing at the hour of 8:31 p.m..
'/¡ /~
N. Chr~st~ne Green
Deputy city Clerk