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Council MIN 03-02-1993 Regular Federal Way City Council Regular Meeting Council Chambers - City Hall March 2, 1993 - 7:00 P.M. MINUTES I. CALL MEETING TO ORDER Mayor Stead opened the regular meeting of the Federal Way City Council at the hour of 7:02 p.m., in Council Chambers, City Hall, Federal Way, Washington. Councilmembers Present: Mayor Bob Stead, Deputy Mayor Joel Marks, Councilmembers Ray Tomlinson, Mary Gates, Ron Gintz, Lynn Templeton, Skip Priest. City Staff Present: City Manager J. Brent McFall, City Attorney Carolyn Lake, City Clerk Maureen Swaney, Deputy City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Gates led the flag salute. ill. CITIZEN COMMENT Vern Wese, 726 So 356th, Federal Way, spoke on behalf of the homeless men previously boarded at the Brooklake Community Center; he feels the city is not responding to their needs. .Toann PiQuette, 302 So 295th PI, Federal Way, spoke in opposition to the proposed BPA Trail Grant Ordinance due to the possibility of electromagnetic field exposure and related health problems. Mayor Stead responded to Mr. Wese's statements, by saying the city is contracting with the Salvation Army for immediate assistance and safety of the homeless men, due to the fact the city doesn't have facilities available at this time. He told Ms. Piquette the Council will discuss the grant ordinance under Council Business. IV. CONSENT AGENDA a. b. c. d. Minutes - February 16, 1993 Voucher - March 2, 1993 Accept/File Financial Statement for December 1992 Interlocal with Water/Sewer for Peat Marwick Services Establish Date for Joint Special Meeting of City Council & School Board to Consider Bid Awards for Campus Drive Park-School Site #6 e. ORIGINAL FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 2, 1993 - Page 2 Motion by Councilmember Templeton to approve the consent agenda; second by Councilmember Gates. Councilmember Gintz pulled item (d), Peat Marwick Services, and moved to Council Business for purposes of executive session discussion. Consent agenda items (a)(b)(c)(e) passed as follows: Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes Mayor Stead announced consent agenda item (d), Peat Marwick Services, will be addressed during the scheduled executive session. v. PUBLIC HEARING Wildwood Estates Preliminary Plat Application & Challenge Mayor Stead opened the public hearing at 7:15 p.m., read a statement explaining public hearing procedure, and called for public disclosure of any and all applicable ex parte contact involving Councilmembers. The following contacts were identified: Mayor Stead said he received two phone calls from Mary Ann Almann, but advised her that he was unable to discuss the subject. A second contact was made during a shopping trip to a local drug store when a man inquired about sidewalks in Lakota area; the Mayor said he did discuss sidewalk concerns in the area of 21st Ave SW, but nothing more. Councilmember Tomlinson said he lived in the subject neighborhood for twenty years, and that Mary Ann AUmann came to his house at one time to ask the name of their association's past president and if there had ever been a greenbelt designation in their area. Councilmember Gates said she talked with Jim and Bev Frary, but didn't discuss any plat issues. Councilmember Gintz said he saw Mary Ann AUmann at a local drug store, at which time they discussed property development. He also reported he played a .what if" game with Sean Robinson of the Federal Way News with respect to the plat. Councilmember Priest said he had attended a land use committee meeting during a discussion of the subject property. City Attorney Lake explained it would be helpful for Councilmembers to identify if any of their previously identified contacts would prevent them from making a fair decision on all of the issues presented; there were no problems identified. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 2, 1993 - Page 3 Mayor Stead also inquired if there were any citizens in the audience who had a problem with an appearance of fairness by any Councilmember; there were none. City Staff Report (IS-minute limit): Associate Planner Mike Thomas presented the staff report and responded to Council questions. Deputy City Attorney Lindell provided an explanation of King County's standard recording processes. Other discussion involved the possibility of greenbelt or open space areas, access to 21st Ave SW, sidewalks, buffer zones, title company discussions and dwelling size zoning requirements. Appellant Comment (IS-minute limit): Marv Ann Allmann, 30817-21st Ave SW, Federal Way, and Everett Gish, 30635-21st Ave SW, Federal Way, presented the appellant's response and answered Councilmembers' questions, reserving five minutes for rebuttal. Applicant Comment (IS-minute limit): Barrv Fisher, 30482-227th PI SE, Kent, and Henry Howe, 227 E Lake Samammish Parkway NE, Redmond, applicants, presented information to Council and responded to a variety of questions, leaving four minutes remaining for rebuttal if so desired. Appellant Rebuttal: Ronald Andersen, 30807-21st Ave SW, Federal Way, on behalf of appellant, addressed use of the buffer zone for a children's play area. Everett Gish discussed lot sizes. Executive Session: Potential litigation pursuant to RCW 42.30.140(2) Mayor Stead closed the public hearing at 8:35 p.m., recessed the regular meeting and called for an executive session to discuss Wildwood Estates Preliminary Plat Application and Challenge. At 8:50 p.m., Mr. Nyberg announced a continuation of the executive session for an additional five minutes; at 8:55 p.m., Mr. Nyberg announced a 5-minute extension; at 9:02 p.m., an additional five to six minutes was announced by Mr. Nyberg. Mayor Stead adjourned the executive session at 9:06 p.m., and reconvened the regular meeting. Councilmember Templeton moved to remand Wildwood Estates to the hearingexaminer--scope of hearing on the record shall be to consider only the following issues: 1. What constitutes legal recording in 1966 and does the language of the resolution incorporate the planning commission's conditions to the zone designation. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 2, 1993 - Page 4 2. Factual findings which address the effective date the present owner acquired title. 3. Factual findings which address the safety issue of proper access to the property. Further, the hearing examiner is instructed to bring his recommendation directly to the City Council--not to a City Council Committee; second by Councilmember Gates. Motion passed as follows: S tead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes VI. INTRODUCTION ORDINANCE Council Bill #43/Public Works Grants Acceptance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING ACCEPTANCE OF MONIES AND DIRECTING EXECUTION OF AN AGREEMENT TO ACCEPT FUNDS FROM VARIOUS STATE AND FEDERAL SOURCES FOR ESTABLISHING PROJECTS WITHIN THE GRANT FUND; AMENDING THE BUDGET FOR THIS GRANT FUND BY APPROPRIATING UNANTICIPATED AND FUTURE REVENUES TO THAT FUND; AND AUTHORIZING MATCHING FUNDS BY THE CITY IN CERTAIN CASES. Mayor Stead presented introduction reading of the proposed ordinance; enactment is scheduled for March 16, 1993. VII. COUNCIL BUSINESS a. Council Bill #42/ISTEA Grant for BPA Trail AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT TO ACCEPT FEDERAL FUNDS FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR ESTABLISHING A PROJECT WITHIN THE GRANT FUND; AMENDING THE BUDGET FOR THIS GRANT FUND BY APPROPRIATING UNANTICIPATED AND FUTURE REVENUES TO THAT FUND; AUTHORIZING MATCHING FUNDS BY THE CITY; AND AUTHORIZING EXPENDITURES OF SAID GRANT FUNDS. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 2, 1993 - Page 5 Councilmember Templeton moved to suspend Council Rules of Procedure to reconsider February 16, 1993 failed vote on Council Bill #42; second by Councilmember Gates. Councilmember Tomlinson asked why the ordinance was reappearing on the agenda at this point. Councilmember Gintz said he had requested the proposed ordinance be reviewed by the Administration/Public Safety Council Committee rather than coming back to full Council now. Mayor Stead reported he had received several Council requests to place the item on tonight's agenda, pursuant to Council Rules. Deputy Mayor Marks said he would prefer a review and discussion by Council Committee rather than full Council at the present time. Councilmember Gintz said he still recommends the deletion of Section 5 of the proposed ordinance. Mayor Stead asked Councilmembers to provide him with clear direction, so this type of misunderstanding is minimized in the future. Councilmember Priest said he supported the earlier introduction of Council Bill #42 in an attempt to be thoughtful, however, he would like to see it referred back to committee. Mayor Stead suggested a suspension of the rules to reconsider the bill, and then referred to committee if Council so desires. Deputy Mayor Marks said he would like additional review prior to a final vote on the bill. Mr. McFall explained there is a time frame deadline of approximately September 30, 1993, due to design approval, bid process and acceptance. Mr. Keightley reported the City must also obtain State and Federal approval. Councilmember Templeton questioned how effective another committee review would be at this time. Councilmember Gintz is concerned about fast track procedures and expenditures for the trail project; he prefers community involvement. Councilmember Templeton's motion to suspend Council Rules of Procedure to reconsider Council Bill #42, passed as follows: Stead Tomlinson Gintz Priest yes no no no Marks Gates Templeton yes yes yes Councilmember Templeton moved to reconsider Council Bill #42; second by Deputy Mayor Marks for discussion purposes. Councilmember Priest's motion to amend failed for lack of a second. Deputy Mayor Marks said he is concerned about health safety issues and will vote against the ordinance at this time. Councilmember Gintz moved to amend main motion for purposes of reconsideration be rescheduled to March 16, 1993 regular meeting; second by Deputy Mayor Marks. Amendment passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 2, 1993 - Page 6 Stead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes no Main motion, as amended, to reconsider Council Bill #42 at March 16, 1993 regular meeting passed as follows: Stead Tomlinson Gintz Priest yes no yes yes Marks Gates Templeton yes yes yes Motion by Councilmember Gintz to schedule Council Bill #42 review at the upcoming Administration/Public Safety Committee; second by Councilmember Tomlinson. Motion passed as follows: S tead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes no Motion by Councilmember Tomlinson to amend Council Rules of Procedure requiring two-thirds vote under Section 23.1; second by Councilmember Gintz. Following discussion, the motion was withdrawn by maker and second of motion on the floor. It was agreed to schedule such proposed amendment discussion at the Administration/Public Safety Committee April meeting. b. Multi-County Planning Policies Briefing Long Range Planning Manager Larry Springer presented an update and addressed a variety of questions by Councilmembers. Mayor Stead said he would like to consider item (d) of the Consent Agenda at this time, to discuss the interloca1 with Water/Sewer for Peat Marwick Services. City Attorney advised would be appropriate to discuss the issue in an executive session rather than open meeting, as it could possibly impact Boundary Review Board proceedings. Mayor Stead called for a verbal preference from all Councilmembers between holding discussions in open vs. executive session. Preferring an executive session were Mayor Stead, Deputy Mayor Marks and Councilmembers Tomlinson, Gates and Templeton; those requesting an open session were Councilmembers Gintz and Priest. Mayor Stead confirmed discussion of Peat Marwick Services would be held in executive session. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 2, 1993 - Page 7 Vill. CITY MANAGER REPORT Mr. McFall said he would forego his report at this time, in order to provide Council with the necessary additional time for an executive session. IX. CITY COUNCIL REPORTS Councilmember Templeton suggested the Council send a congratulatory letter to Decatur and Federal High Schools, as both boys' teams have advanced to the statewide basketball toumarnent. Mayor Stead advised letters have already been sent to both schools. x. EXECUTIVE SESSION a. b. Property Acquisition - Pursuant to RCW 42.30.110(b) Potential Litigation - Pursuant to RCW 42.30.110(i) Mayor Stead recessed the regular meeting at 9:50 p.m., and announced a 6O-minute executive session to discuss property acquisition pursuant to RCW 42.30.110(b) and potential litigation pursuant to RCW 42.30.110(i). He also advised of the need for suspension of rules to continue past the Council's specified adjournment time of 10:00 o'clock. Motion by Councilmember Templeton to suspend Council Rules of Procedure and continue with the meeting past 10:00 p.m.; second by Deputy Mayor Marks. Motion to suspend passed as follows: S tead Tomlinson Gintz Priest yes yes yes yes Marks Gates Templeton yes yes yes At 10:50 p.m., Mr. Anderson announced a continuation of the executive session for an additional five minutes. Mayor Stead adjourned the executive session at 10:55 p.m., and reconvened the regular meeting at 10:55 p.m.. Motion by Councilmember Priest as follows: Based on staff information which indicates the City has not been able to put together an agreement with the Federal Way Water/Sewer District, and given the short time table of the Boundary Review Board, it is in the best interests of the City Council to move ahead expeditiously on its own, to make sure the City meets time requirements; second by Council member Templeton. Coùncilmember Tomlinson requested a roll call vote be taken, and Mayor Stead asked the Deputy City Clerk to proceed as requested. Motion to approve passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES March 2, 1993 - Page 8 S tead Gates Gintz Marks yes yes no no Priest Templeton Tomlinson yes yes no There was no action taken on Property Acquisition pursuant to RCW 42.30.110(b). XI. ADJOURNMENT There being no further business to come before the Council, Mayor Stead adjourned the regular -. of the F"",," W'y C;ty 1 ~ ~ N. Christine Green Deputy City Clerk