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Council MIN 03-17-1992 Regular 1. ll. lli. IV. a. b. c. d. e. f. FEDERAL WAY CITY COUNCIL REGULAR MEETING March 17, 1992 - 7:00 p.m. MINUTES CALL MEETING TO ORDER Mayor Stead called the Federal Way City Council regular meeting to order at the hour of 7:00 p.m., Council Chambers, city Hall, 33530 First way south, Federal Way, Washington. Council Present: Mayor Bob Stead and Councilmembers Ray Tomlinson, Mary Gates, Ron Gintz, Lynn Templeton and Mahlon Priest. Excused Absence: Deputy Mayor Joel Marks is attending airport noise public hearing and will be arriving late. City Staff Present: city Manager J. Brent McFall, Acting city Attorney Carolyn Lake and Deputy City Clerk Chris Green. PLEDGE OF ALLEGIANCE councilmember Templeton led the flag salute. crnZEN COMMENT Janet ThomÐson, 4011 So 300th st, Auburn, presented informational materials and oral report to Council, addressing affordable housing with dignity. Bob Blackstone, 35620 Enchanted Parkway So, Federal Way, owner of an auto repair shop, requested a zoning code revision for his business location. Mayor Stead advised city Staff would respond to his request within one week. CONSENT AGENDA Minutes - March 2 & 3,1992 Voucher - March 17, 1992 Accept/File Financial Report for January Award Contract for 356th Street Project XC Interlocal/HOME Investment Program Transportation Plan/Scope of Work/Contract Authorization ORIGINAL FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 17, 1992 - Page 2 g. Growth Management Grant Funds Interlocal & Resolution (Resolution No. 92-102 "Growth Management Grant Funds") Adult Entertainment Ordinance/Council Bill #4 (Ordinance No. 92-129 "Amendment to Adult Entertainment") h. 1. Fire District Long Range Plan ordinance/Council Bill #5 XC Interlocal/Right-of-Way Permit Processing j. Mayor Stead withdrew Items (c) and (i) from the consent agenda. January Financial Report is not ready; and, Deputy Mayor Marks requested Council Bill #5 be withdrawn to allow for discussion and vote on the Fire District Fire Long Range Plan Ordinance following his return to Council Chambers. Motion by Councilmember Templeton to approve consent agenda, with Items (c) and (i) withdrawn; second by Councilmember Gintz. Motion passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton Excused Absence yes yes v. RESOLUTIONS a. Council Rules of Procedure Amendment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING RESOLUTION NO. 92-92, SETTING FORTH CITY COUNCIL PROCEDURES. Motion by Councilmember Templeton to approve resolution; second by Councilmember Gates. Resolution No. 92-98 "Council Rules of Procedure Amendment" passed as follows: Stead yes Marks Excused Absence Tomlinson yes Gates yes Gintz yes Templeton yes Priest yes b. Fee Resolution Amendment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING RESOLUTION NO. 90-18 AND RESOLUTION NO. 91-71, ESTABLISHING FEES FOR APPLICATIONS, FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 17, 1992 - Page 3 PERMITS AND INSPECTIONS OF THE CITY'S PUBLIC WORKS DEPARTMENT. CUstomer Service Engineer Pearl Kronstad gave a brief presentation to Council on the fee process. Motion by Councilmember Templeton to approve resolution; second by Councilmember Gates. Resolution No. 92-99 "Fee Amendment" passed as follows: Stead yes Marks Excused Absence Tomlinson yes Gates yes Gintz yes Templeton yes Priest yes c. New City of Burien A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, EXTENDING CONGRATULATIONS TO THE CITIZENS OF THE NEW CITY OF BURIEN. Motion by Councilmember Templeton to approve resolution; second by Councilmember Gates. Resolution No. 92-100 "Congratulations to New City of Burien" passed as follows: Stead Tomlinson . Gintz Priest yes yes yes yes Marks Gates Templeton Excused Absence yes yes VI. INTRODUCTION ORDINANCE a. Tenant Improvement/Non-Conforming Uses Code Revision Council Bill #6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCES NO. 90-43 AND 91-113 BY AMENDING FEDERAL WAY ZONING CODE SECTIONS 165.35.3 AND 165.35.7 TO DELETE TENANT IMPROVEMENT COSTS IN THE CALCULATIONS FOR DETERMINING CERTAIN NON-CONFORMANCE THRESHOLDS. Mayor Stead presented introduction reading on ordinance. Vll. COUNCIL BUSINESS a. Parks & Recreation Commission Selection & Appointment FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 17, 1992 - Page 4 Mayor Stead held over selection and appointment until Deputy Mayor Marks returns to council Chambers. He explained the selection process will be conducted through written ballot, requiring one majority candidate with a minimum of four votes. Persons interviewed earlier for the position are Lisa Grimes, Jack Suchy and Jim Baker. b. st. Francis Community Hospital Binding site Plan Application, Challenge including Letter of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE BINDING SITE PLAN OF ST. FRANCIS COMMUNITY HOSPITAL (FW FILE NO. UP3-91-0002). NOTE: CITY COUNCIL TO APPROVE ONE RESOLUTION Hearing Examiner's Recommendations; OR (1) (2) Incorporating the Conditions of the Amended Letter of Challenge Mayor Stead opened discussion at 7:20 p.m., read an explanation statement, and called for Councilmembers to disclose any appearance of fairness issues. Councilmember Templeton reported he briefly talked with st. Francis President Craig Hendrickson, referring him to Assistant City Manager Ken Nyberg without discussing specifics. Also, as a friend of the Hendrickson family, he recently was a guest in their home during a social function. Councilmember Gates reported she inquired about status of hospital's site plan application to Planning commissioner Mark Freitas, but didn't discuss specifics. Councilmember Gintz reported he attended a portion of the Hearing Examiner's hearing; he personally knows Mr. Hendrickson and was introduced to his attorney, but did not discuss the site plan. He said Carolyn Lake later explained ex parte contact. Councilmembers Templeton, Gates and Gintz confirmed their ability to make fair, independent and unbiased decisions in light of their disclosures. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 17, 1992 - Page 5 Senior Planner Greg Fewins presented the staff report and recommendations, and answered Council questions. Additional information was furnished by Traffic Engineer Tim Miller. st. Francis President Craig Hendrickson concurred with City Staff recommendations and advised he and his attorney had discussed and clarified possible conflicts with Ms. Lake prior to the Council meeting. Deputy Mayor Marks arrived in Council Chambers. Ms. Lake explained the resolution allows for financial pro rata share requirements to be set aside until completion of SEPA review, enabling the hospital to proceed with its site plan at this time. She further explained the only conditions binding are those listed in the resolution, and the word "pro rata" could be stricken from the staff report. The wording of conditions in the proposed resolution have been accepted by the hospital and overrides the staff report. Mayor Stead closed the site plan application review at 8:05 p.m.. Motion by Councilmember Templeton to move adoption of staff recommendation; second by Deputy Mayor Marks. Mayor Stead's friendly amendment to find that conditions in the staff report and amended challenge constitute a basis of modification, modifying the recommendation of Hearing Examiner, without raising significant issues to require a new public hearing, was accepted by councilmember Templeton and Deputy Mayor Marks. Following additional discussion, Councilmember Gates moved for a second friendly amendment, requiring the hospital to plan open space to enable the site to lend itself to the best possible use of land; second by Deputy Mayor Marks; unacceptable to Councilmember Templeton, maker of main motion. Second amendment failed as follows: Stead Tomlinson Gintz Priest no no no no Marks Gates Templeton no yes no FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 17, 1992 - Page 6 Resolution No. 92-101 "st. Francis Community Hospital Binding site Plan, Incorporating Conditions of the Amended Letter of Challenge", with friendly amendment, passed as follows: stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes At 8:10 p.m., Mayor Stead announced a brief recess; he reconvened the regular meeting at 8:30 p.m.. Parks & Recreation commission Selection & Appointment c. Mayor Stead called for the commission selection and distributed ballots to all Councilmembers. Following a secret ballot, Jack Suchy received a four vote majority. Motion by Deputy Mayor Marks to appoint Jack Suchy to the vacancy on the Parks & Recreation Commission; second by Councilmember Gintz. Motion passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes no d. Fire District Long Range Plan Ordinance/Council Bill #5 Mayor Stead called for a vote on Council Bill #5. Motion by Councilmember Templeton to approve proposed ordinance; second by Councilmember Gates. Motion to approve Ordinance No. 92-130 "Fire District Long Range Plan" passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton Vlli. CITY MANAGER REPORT no yes yes For clarification purposes, Mr. McFall asked if the proposed tenant improvement ordinance is to be held over to the next regular meeting for second reading and adoption; Mayor Stead concurred. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 17, 1992 - Page 7 He reported the April 21st meeting will be held at Mark Twain Elementary School. Council suggestions included use of an adequate sound system, parent notification of meeting, and an interesting and brief agenda to encourage maximum citizen participation. Mr. McFall announced March 23rd is the EIS deadline for the proposed third runway. city Staff have been working with consultants and will report to Council at next week's study session. IX. CITY COUNCIL REPORTS Councilmember Gates commented on the Joint Regional Policy Committee meetings. Phase I of the regional high capacity transportation system was originally scheduled to stop at 272nd, however, following additional review and discussion the service was extended to 348th Street. Deputy Mayor Marks reported on his recent trip to National League of cities conference in Washington DCi Councilmember Tomlinson also attended. Discussion focused on economic development and free trade issues. Mayor Stead reported on the recent joint meeting between Federal Way Water/Sewer and the city of Federal Way to discuss closure of merger talks, and to pursue areas of cooperation for future joint efforts. He asked Council to entertain a resolution closing that portion of the study and. directing Mr. McFall and Mr. Miller to go forward with other areas of joint operation. In response, Councilmembers requested a resolution be drafted and presented at an upcoming meeting. Mayor Stead also reported on his recent meeting with students at Continuation High school and their concerns about lack of activities available to students. They would like to see the D.A.R.E. program extended to their campus. They also expressed an interest in the formation of a youth board involving all high schools in the area. Councilmember Gintz commented on his recent attendance at Human Services Roundtable at Mercer Island. He extended an invitation to attend the Youth Coalition "Drugs draw the Line" program to be held at st. Lukes Lutheran Church on April 1st at 7:00 p.m.. Work is currently being done on the domestic violence shelter in our area. There is also an additional need for child abuse prevention programs. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 17, 1992 - Page 8 Councilmember Gintz expressed kudos to Long Range Planning Manager Larry springer for excellence in the area of Growth Management; Federal Way was only one of five cities in King County, and one of twelve statewide, who met the 1991 deadline. The next meeting of the Council Committee for Volunteer services will be held tomorrow morning; he thanked City staff for preparation of the excellent committee work outline. councilmember Templeton asked to be excused from next Tuesday's special/study session. He reported on his attendance at a recent utilities plan meeting with Viacom, at which time their representative noted Federal Way city staffers steve Anderson, Larry Springer, Deb Barker and Paul Quarterman have made outstanding contributions, exceeding those of others in our area. Lisa Grimes, 2120 South 279th Place, Federal Way, offered some suggestions for the April 21st regular meeting to be held at Mark Twain Elementary. x. EXECUTIVE SESSION To discuss property acquisition - RCW 42.30.110(b) Mayor Stead recessed the regular meeting at 9:12 p.m., and called a 30-minute executive session to discuss property acquisition; he announced no action would be taken following the session. At 9:40 p.m., the executive session was extended for an additional twenty minutes. Mayor Stead announced the executive session adjourned at 10:00 p.m., with no action taken, and reconvened the regular meeting. XI. ADJOURNMENT There being no further business to come before the Council, Mayor Stead adjourned the regular meeting of the Federal Way city Council at the hour of 10:00 p.m.. ?zlJi"jd~r. 4~ Deputy City Clerk