Council MIN 10-20-1992 Regular
Federal Way City Council
Council Chambers - City Hall
Regular Meeting
October 20, 1992 - 7:00 P.M.
MINUTES
I.
CALL MEETING TO ORDER
Acting Mayor, Deputy Mayor Marks, opened the regular meeting of the Federal Way City
Council at the hour of 7:03 p.m., in Council Chambers, City Hall, Federal Way, Washington.
Councilmembers Present: Deputy Mayor Joel Marks, Councilmembers Ray Tomlinson, Mary
Gates, Ron Gintz, Lynn Templeton, Skip Priest. Excused Absence: Mayor Bob Stead.
City Staff Present: City Manager J. Brent McFall, City Attorney Carolyn Lake, Deputy City
Clerk Chris Green.
II.
PLEDGE OF ALLEGIANCE
Councilmember Gates led the flag salute.
III.
CITIZEN COMMENT
H. Clark Mounsev. 425 So 289th St, Federal Way, spoke in opposition to the City's issuance
of a specific building permit in the Marine Hills community.
.Ton Rand, 424 So 289th St, Federal Way, same as Mr. Mounsey.
Brian Nielsen, 731 So 295th PI, Federal Way, same as Mr. Mounsey.
H. David !{nolan, 30240-27th Ave So, Federal Way, discussed Parks, Recreation and Human
Services Comprehensive Plan, which lists 22 potential City projects. He requested the inclusion
of an interim community center in 1993 budgeting recommendations.
Deputy Mayor Marks thanked the residents of the Marine Hills area for addressing their
concerns, and advised Mr. Kaplan the Council is currently reviewing the possibility of funding
an interim community center in the upcoming budget process.
ORIGINAL
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
October 20, 1992 - Page 2
IV.
CONSENT AGENDA
a.
b.
c.
d.
Minutes - October 6, 1992
Voucher - October 20, 1992
Accept/File August Financial Report
Interlocal to Transfer Road Improvement Districts No. 99 & No. 100
Reschedule 1113/92 Regular Meeting to 11110/92
Puget Sound Regional Council Interlocal
Establish 11/17/92 Public Hearing Date/Citizen Comment for 1993 City Budget
King County/Metro Merger Support
Resolution No. 92-122/Heritage Woods Preliminary Plat & Rezone Approval
e.
f.
g.
h.
i.
Councilmember Gintz requested additional information on item (f); Council members Gates,
Templeton, Priest and City Manager McFall responded to the inquiry.
Motion by Councilmember Templeton to approve consent agenda; second by Councilmember
Gintz. Motion passed as follows:
V.
Marks
Gates
Templeton
Stead
Tomlinson
Gintz
Priest
yes
yes
yes
yes
yes
yes
excused absence
PUBLIC HEARING/Quasi-Judicial (Land Use)
Campus Drive Office Building #11 Appeal from Hearing Examiner Decision
Deputy Mayor Marks read a statement outlining the appeal process and called for applicable
disclosure of any ex parte contact, either oral or written, relative to the appeal before the
Council.
Councilmember Templeton said he had received a letter from the applicant at his home address;
he briefly scanned the contents, closed the envelope and delivered entire contents to City
Attorney Lake; he understands all Councilmembers received identical correspondence. Ms.
Lake confIrmed all Councilmembers did receive like letters, however, the contents were not
related to the appeal and did not pose an appearance of fairness issue.
Councilmember Gintz reported he received a phone call from a proponent of the project who
furnished the name of the restaurant manager; Mr. Gintz said he wrote down the individual's
name, but discarded it; he has not had any contact with the owner and feels he is capable of
acting prudently in the decision-making process at hand.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
October 20, 1992 - Page 3
There being no other disclosure by Council, Deputy Mayor Marks opened the public hearing at
the hour of 7:44 p.m., and advised the entire proceeding is being conducted in the presence of
a court reporter.
Associate Planner Lori Schill reviewed the site plan and presented City Staff recommendations
for approval of the requested variances.
Bob McAdams, Attorney for Appellant Gary Hall, presented his client's argument, and
introduced Mr. Tweeten, a proponent of the requested variance.
Tim Tweeten, representing the Harvester Restaurant, provided information to Council, and
responded to a variety of Council questions.
Councilmember Priest requested a brief summary of Deputy City Attorney Londi Lindell's letter
dated August 14th, directed to Hearing Examiner Terrence McCarthy; City Attorney Lake called
on Ms. Lindell to summarize same.
Following an additional question and answer period, Ms. Lake pointed out the City Council has
three decision-making options:
- determine to continue the hearing;
- take the matter under consideration and later issue a decision; or
- issue a decision at the conclusion of the hearing and deliberations.
She also pointed out there would be no fact finding before the Council at this time.
Deputy Mayor Marks closed the public hearing at 8:46 p.m., recessed the regular meeting and
announced a 30-minute executive session for the Council's quasi-judicial deliberation. At 9: 15
p.m., the City Manager announced a IS-minute extension. At 9:30 p.m., an additionalS-minute
extension was announced. At the hour of 9:40 p.m., Deputy Mayor Marks adjourned the
executive session and reconvened the regular meeting.
Council member Templeton moved the Federal Way City Council adopt written findings that the
Appellant has not met the burden of showing the decision of the Hearing Examiner was arbitrary
and capricious as a matter of fact, or contrary to law, and the appeal is therefore denied; second
by Councilmember Gates. Motion passed as follows:
Marks
Gates
Templeton
S tead
yes
yes
yes
excused absence
Tomlinson
Gintz
Priest
yes
no
yes
FEDERAL WAY CITY COUNCn. REGULAR MEETING MINUTFS
October 20, 1992 - Page 4
Deputy Mayor announced a 5-minute recess at 9:42 p.m., and reconvened the regular meeting
at the hour of 9:49 p.m..
VI.
COUNCIL BUSINESS
Employee Benefits Study
City Manager McFall introduced Florence Katz of William M. Mercer, who presented a brief
overview of the benefits program review study.
Motion by Councilmember Templeton to suspend the rules and continue beyond the 10:00 p.m.
meeting adjournment schedule; second by Deputy Mayor Marks. Motion carried as follows:
Marks
Gates
Templeton
S tead
yes
yes
yes
excused absence
Tomlinson
Gintz
Priest
yes
yes
yes
The Council then acknowledged receipt of the benefits program review study and directed the
study be referred to the Council Administration Committee for additional review and
recommendation.
Deputy Mayor Marks, as a member of the prevailing side, called for reconsideration of the
motion denying the Campus Drive Office Building #1 Appeal, as he would like to accept staff
recommendations.
Councilmember Templeton moved for reconsideration of the Council's earlier motion denying
the appeal; second by Councilmember Gates. Motion passed as follows:
Marks
Gates
Templeton
S tead
yes
yes
yes
excused absence
Tomlinson
Gintz
Priest
yes
yes
yes
Councilmember Templeton restated his earlier motion to reflect the Federal Way City Council
adopt written fmdings that the Appellant has not met the burden of showing the decision of the
Hearing Examiner was arbitrary and capricious as a matter of fact, or contrary to law, and the
appeal is therefore denied; second by Council member Priest. Motion passed as follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
October 20, 1992 - Page 5
Marks
Gates
Templeton
Stead
no
yes
yes
excused absence
Tomlinson
Gintz
Priest
yes
no
yes
Vil.
CITY MANAGER REPORT
Mr. McFall reminded Councilmembers of the upcoming budget study sessions. Deputy Mayor
Marks announced Councilmember Gates is excused from the first session, as she will be
attending the A WC meeting.
He also reminded Council of the need for a 15-minute executive session, prior to adjournment,
to discuss property acquisition.
VilI.
CITY COUNCIL REPORTS
Councilmember Priest reported he testified earlier today during the third runway public hearings.
He also reported the City Improvement Committee recently met to discuss 312th Street
alternatives and surface water fees.
Councilmember Templeton announced the next meeting of the Land Use Committee is scheduled
for November 2nd at 5:30 p.m.. He reported he will arrive late for tomorrow night's budget
session due to an earlier commitment.
Councilmember Gintz reported the Public Safety Committee will meet this coming Thursday at
7:00 a.m., and again on November 5th.
Council member Templeton requested a committee review of an exotic pet ordinance, and
Councilmember Priest requested a review of allowed parking of semi-trucks on City streets.
Councilmember Gintz reported both items will be discussed by the Public Safety Committee.
Deputy Mayor Marks reported on his attendance at the recent annual Northwest Leadership
Conference held in Portland; also attending were Mayor Stead, Councilmember Gates and City
Manager McFall.
Councilmember Gates reported on the Regional Affairs Draft Transit Plan and announced transit
officials have scheduled a public hearing in Federal Way for November 19th in Council
Chambers, City Hall. Other issues she is actively involved with include CIP priorities, Puget
Power summit and third runway update; she recently discussed the City's police and health
contracts with County Executive Tim Hill.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
October 20, 1992 - Page 6
IX.
EXECUTIVE SESSION
Deputy Mayor Marks recessed the regular meeting at 10:35 p.m., and announced a 15-minute
executive session to discuss property acquisition pursuant to RCW 42.30.1I0(b), with action
anticipated.
Deputy Mayor Marks adjourned the executive session at 10:45 p.m., and reconvened the regular
meeting.
Councilmember Templeton moved the City of Federal Way purchase Vern Frease's blueberry
farm property for the purchase price of $258,000; second by Councilmember Tomlinson.
Motion passed as follows:
Marks
Gates
Templeton
Stead
yes
yes
yes
excused absence
Tomlinson
Gintz
Priest
yes
yes
yes
X.
ADJOURNMENT
There being no further business to come before the Council, Deputy Mayor Marks adjourned
the regular meeting of the Federal Way City Council at the hour of 10:45 p.m..
1~~~
Deputy City Clerk