Council MIN 07-06-1993 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
July 6, 1993 - 7:00 P.M.
MINUTES
1.
CALL MEETING TO ORDER
Mayor Stead opened the regular meeting of the Federal Way City Council at the hour of 7:05
p.m., in Council Chambers, City Hall, Federal Way, Washington.
Councilmembers Present: Mayor Bob Stead, Deputy Mayor Joel Marks, Councilmembers Mary
Gates, Ron Gintz, Lynn Templeton, Skip Priest. Excused Absence: Councilmember Ray
Tomlinson.
City Staff Present: City Manager 1. Brent McFall, City Attorney Carolyn Lake, Deputy City
Clerk Chris Green.
II.
PLEDGE OF ALLEGIANCE
Deputy Mayor Marks led the flag salute.
III.
CITIZEN COMMENT
Mayor Stead welcomed and introduced Senator Pete von Reichbauer and Representative Jean
Marie Brough.
Instead of waiting until Council Business portion of the agenda, Mayor Stead called for citizen
comment on the 1994 City budget at 7:10 p.m.. The following persons addressed the Council:
Helen Middlebrooks, 4265 SW 337th PI, Federal Way, urged Council support of the Human
Services Roundtable.
Representative Jean Marie Broul!.h, 1118 So 287th PI, Federal Way, urged Council support for
opposition of third runway.
Joe Ganem, 316 SW 322nd St, Federal Way, spoke in support of the BPA Trail project, on
behalf of the "Rails to Trails" group.
Senator Pete von Reichbauer, P.o. Box 3737, Federal Way, spoke in support of the City's
fight against the third runway.
ORIGINAL
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 6, 1993 - Page 2
Mike Dolan, 27609-26th Ave So, Federal Way, as President of the Bicycle Federation of
Washington, spoke in support of the BPA Trail project funding as a link to other communities.
Peter Townsend, 29508-l2th Ave SW, Federal Way, spoke against the third runway project and
read a letter from Planning Commissioner Phil Watkins opposing same.
Billie Shrook, 27525-23th PI So, Kent, also spoke in opposition to the third runway.
Roy Wibel'2, 3l4l3-4lst Ave SW, Federal Way, who opposes the third runway, explained the
inaccuracies of airplane noise measurements done by the Port.
Lynn Michaels, 29604-8th Ave So, Federal Way, is concerned about deterioration of quality
of life and loss of tax base in community; he supports airport funding.
M. C. Scheerer, 29300-llth PI So, Federal Way, played a recording of airplane noise from his
residence and spoke in favor of funding for opposition of the third runway.
Mayor Stead closed the public comment period at 7:35 p.m..
IV.
PRESENTATION
Steven Marcotte, representing the Government Finance Officers Association, presented the
following awards to Management Services Director Deborah Larson: Certificate of Achievement
for Excellence in Financial Reporting for Year 1991 and Distinguished Budget Presentation
Award for Year 1992. Ms. Larson thanked her staff and introduced those present: Marie
Mosley, Becky Metcalf, John Caulfield, Tam Swett.
CITIZEN COMMENT (CONTINUED)
Mayor Stead then opened citizen comment for those wishing to address Council on other issues.
.John Lombard, 402 King County Courthouse, Seattle, of behalf of King County
Councilmember Larry Phillips, presented information on the County's Conservation District and
requested City Council support.
Marl!8ret Ward. 726 So 29lst St, Federal Way, commended the City for the excellent fireworks
display and other activities and feels it promotes pride in community affairs. She also urged the
Council to oppose the third runway.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 6, 1993 - Page 3
William Vance, 2101 So 324th, Federal Way, distributed a letter to Councilmembers requesting
pedestrian/vehicle traffic caution signals at entrance to Belmore Mobile Home Park; he also
expressed concern about vacant lot in area, which is causing fire and health problems due to
yard waste dumping.
Geol'1!:e Lee, 2101 So 324th #194, Federal Way, reported Mr. Vance had already identified his
concerns.
Mayor Stead said staff will address citizen concerns and report back to Council.
v.
j.
k.
1.
CONSENT AGENDA
a.
b.
c.
d.
Minutes/June 15, 1993
Voucher/July 6, 1993
Accept/File May 1993 Financial Report
Enactment - Council Bill #56 - AN ORDINANCE OF THE CITY OF
FEDERAL WAY, WASHINGTON, PROVIDING FOR THE ISSUANCE AND
SALE OF LIMITED TAX GENERAL OBLIGATION BOND ANTICIPATION
NOTES OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF
$955,000, IN ORDER TO PROVIDE INTERIM FINANCING FOR THE
ACQUISITION AND IMPROVEMENT OF PROPERTY; FIXING THE DATE,
MATURITY, FORM, TERMS AND COVENANTS OF SAID NOTES; AND
AUTHORIZING THE SALE OF SAID NOTES - ORDINANCE NO. 93-181
Dash Pointe Preliminary Plat Extension
Capital Project Review Policy Resolution - RESOLUTION NO. 93-145
Home Depot Process III Resolution - RESOLUTION NO. 93-146
Authorization for City Manager to Enter into Letter of
Agreement on Use of Golfun Property
1993 King County Regional Conservation Futures Funding
for School Sites #20 & #40 and Fisher's Bog Properties
King County Conservation District Resolution (resolution failed)
City Streets Funding
Install All-Way Stop at lith Ave SW & 333rd Street
e.
f.
g.
h.
i.
Council member Templeton moved to approve consent agenda; second by Councilmember Gates.
Mayor Stead pulled items (e), (1), (h) and (j); Deputy Mayor Marks pulled item (1<); and
Councilmember Gintz pulled items (b) and (d).
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 6, 1993 - Page 4
Motion by Councimember Priest to approve remaining consent agenda items; second by
Councilmember Templeton. Motion to approve items (a), (c), (g), (i) and (1) passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Following questions and responses on voucher, Councilmember Gintz moved to approve item
(b); second by Deputy Mayor Marks. Motion to approve voucher passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Councilmember Gintz moved to approve item (d) following discussion; second by
Councilmember Templeton. Motion to approve ORDINANCE NO. 93-181 "Providing for
Issuance and Sale of Limited Tax General Obligation Bond in Amount of $955,000 for
Property Acquisition" passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Mayor Stead abstained on item (e) of the consent agenda due to previous professional contacts
with the developer. Motion to approve Dash Pointe preliminary plat extension passed as
follows:
Stead
Tomlinson
Gintz
Priest
abstained
excused absence
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Following discussion, Councilmember Gintz moved to approve consent agenda item (f); second
by Councilmember Priest. Motion to approve RESOLUTION NO. 93-145 "Capital Project
Review Policy" passed as follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 6, 1993 - Page 5
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Mr. McFall further explained the Letter of Agreement on the Use of the Golfun Property under
consent agenda item (h).
Councilmember Gates moved to amend the draft agreement to delete language in paragraph II,
which sought to make the public's use of the property as a park conditioned upon a subdivision
of the property by November 1st; second by Deputy Mayor Marks. Council member Gates then
accepted a friendly amendment at the suggestion of the City Manager to modify her main motion
to include any and all language in the agreement that referred to the public's use of the property
as a park; Deputy Mayor Marks concurred. Motion to approve consent agenda item (h) passed
as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Under consent agenda item 0), Mayor Stead moved to delete last "whereas" paragraph of the
proposed resolution; second by Councilmember Templeton. Following discussion,
Councilmember Gintz's friendly amendment to retain last "whereas" paragraph and to change
verbiage to read "City Manager" rather than "staff" regarding research process to withdraw from
Conservation District was accepted by maker and second of the main motion. Motion to
approve resolution failed as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
no
Marks
Gates
Templeton
no
yes
no
Under consent agenda item (k), Councilmember Templeton moved to accept City Manager's
recommendation to stop further work on 23rd Ave So project, return grant monies and present
an amendment to Ordinance No. 93-166 at next regular meeting; second by Deputy Mayor
Marks. Motion passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
yes
Marks
Gates
Templeton
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 6, 1993 - Page 6
Mayor Stead announced a short recess at the hour of 8:45 p.m., and reconvened the regular
meeting at 9:00 p.m..
VI.
PUBLIC HEARINGS
a.
Adelaide Forest Estates Plat Alteration/Resolution
1) Staff Report
2) ** Citizen Comment (3 minute limit per person)
3) Council Deliberation & Decision
Mayor Stead opened the public hearing at 9:00 p.m., at which time Planning Technician Deb
Barker presented a short staff report to Council. Mayor Stead then opened public comment; the
following persons addressed the Council:
Charles Witzleben, 30328-17th Ave SW, Federal Way, applicant, explained the project has been
in the review process for over two years; he would like to see that time period improved.
Barbara Farren, 3OO10-20th PI SW, Federal Way, asked Mayor Stead to read her concerns into
the record: "I oppose the project because my property is down hill from the proposed change,
which has caused considerable water run-off and drainage to my property. My family bought
this property in 1910 and we have been in residence since that time".
There being no additional comment, Mayor Stead closed citizen comment at 9:08 p.m..
Councilmember Templeton moved to accept the Adelaide Forest Estates Plat alteration request;
second by Councilmember Gintz. Motion to approve RESOLUTION NO. 93-147 "Adelaide
Forest Estates Plat Alteration" passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Mayor Stead closed the public hearing at the hour of 9:10 p.m..
b.
Wildwood Estates Preliminary Plat
1) Staff Report (15 minute limit)
2) Appellant Comment (15 minute limit)
3) Applicant Comment (15 minute limit)
4) Council Deliberation & Decision
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 6, 1993 - Page 7
Mayor Stead opened the public hearing at 9:10 p. m., and read the scope of review statement and
requested that Councilmembers address all appearance of fairness issues. Councilmember Priest
said he had contact with some residents during neighborhood calling, but it will not impact his
decision. Councilmember Gintz reported he again saw Mary Ann Allmann in local drug store,
as he had disclosed at the earlier hearing; he did not discuss the plat and said it will not impact
his decision; he also spoke with a news reporter last week. Councilmember Gates reiterated
earlier contact with Bev and Jim Frary and said it would not impact her decision. Mayor Stead
reported on his prior contact with a citizen in the drug store with respect to sidewalks on 21st;
he said the contact would not impact his decision making.
Robert Denomy, attorney for applicant, recorded his objection to Councilmember Tomlinson's
participation (for record only since Mr. Tomlinson is absent), based on Councilmember
Tomlinson's admission at last public hearing; he also objected to Councilmember Gintz's
participation and requested a copy of the Federal Way News article regarding Councilmember
Gintz's recent statement to the paper. No other eXParte contact was identified nor objections
recorded.
Associate Planner Mike Thomas presented a brief staff report to review the prior course of
events and answered a variety of questions by Councilmembers.
Tom Mosley presented appellant's comment to Council.
Councilmember Priest moved to suspend Council rules to continue beyond hour of 10:00 p.m.;
second by Councilmember Gates. Motion passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
yes
Marks
Gates
Templeton
yes
yes
yes
Robert Denomy, attorney for applicant, referred to Hearing Examiner's Response on Remand
and his May 5, 1993 letter to the City. He also submitted a copy of an engineering report from
Erin Allyson Bard dated March 4, 1993 for the record.
Mr. Mosley presented appellant's rebuttal.
Mr. Thomas responded to additional questions by Council, at which time a request was made
for an executive session pursuant to RCW 42.30.140(2).
At 10:20 p.m., Mayor Stead announced a 10-minute executive session; he adjourned the executive
session at the hour of 10:35 p.m., and reconvened the regular meeting.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 6, 1993 - Page 8
Councilmember Templeton moved to accept the Hearing Examiner's Findings contained on page
5, paragraph 11 of the Examiner's original Decision pertaining to plat approval, moved that the
City Council reject the Examiner's Findings with respect to the criteria required by Federal Way
City Code Section 22-299, relating to rezones, and further moved that the City Attorney be
directed to prepare the necessary resolution; second by Council member Priest. Motion to
approve the preliminary plat, with above conditions, passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
no
yes
Marks
Gates
Templeton
yes
yes
yes
Mayor Stead closed the public hearing at the hour of 10:40 p.m..
VII.
INTRODUCTION ORDINANCE
Council Bill #58 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, ADOPTING BY REFERENCE THE
STATE STATUTES RELATING TO A CIVIL SYSTEM OF DRUG
FORFEITURE AND ESTABLISHING A SCHEME FOR ADJUDICATION.
(Repeals Ordinance 93-179, Sections 1-4)
Mayor Stead presented introduction reading of the proposed ordinance; it will be placed on
upcoming agenda for approval.
Vill.
COUNCIL BUSINESS
a.
Approve Panther Lake Flood Control Project
Surface Water Manager Cary Roe presented the staff report and responded to a variety of
Councilmember questions.
Motion by Councilmember Gates to authorize staff to bid the Panther Lake Flood Control
Project in a manner that allows the project to be phased; second by Councilmember Gintz.
Motion to approve bid passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
yes
Marks
Gates
Templeton
yes
yes
yes
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 6, 1993 - Page 9
b.
Municipal Court Study
City Attorney Carolyn Lake presented the staff report and responded to a variety of questions
by Councilmembers.
Councilmember Priest moved to authorize the City Manager to enter into an interlocal with King
County to extend court services only through December 30, 1994; second by Councilmember
Templeton. Motion passed as follows:
Stead
Tomlinson
Gintz
Priest
yes
excused absence
yes
yes
Marks
Gates
Templeton
yes
no
yes
IX.
CITY MANAGER REPORT
Report on Results of the City Facilities Public Forum
Due to late hour, the City Manager deferred his report on the public forum to the next regular
meeting.
City Manager information to Council: replacements will be necessary on both the Diversity and
Arts Commissions due to recent commissioner resignations; the senior center lunch program
recently served 49 citizens; commended the Parks staff for the extremely successful 4th of July
celebration; the City has just received notification that the Hearing Examiner's recommendation
for the Harbor Ridge development found in favor of the City of Federal Way; reported on
facility improvements at Adelaide Park.
Deputy Mayor Marks addressed concern about the recent newspaper article written by Burleigh
Cubert, with respect to diversity issues. He would like to see the comments addressed at
Council and Commission levels, as he feels silence is harmful.
X.
CITY COUNCIL REPORTS
Councilmember Gintz inquired about restrictions imposed for political sign displays.
Council member Templeton announced the Land Use Committee will meet July 13th at 7:00 p.m.;
Council member Gates reported the next meeting of the Regional Affairs/City Improvement
Committee is scheduled for July 27th at 7:30 a.m..
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
July 6, 1993 - Page 10
Mr. McFall reminded Councilmembers of the upcoming budget retreat scheduled for July 14th
at Robinswood Park in Bellevue.
He briefly discussed King County Open Space issues, i.e., condemnation of Lakota and other
properties, with feedback from Councilmembers.
XI.
EXECUTIVE SESSION
Property Acquisition - Pursuant to RCW 42.30.110(b)
Executive session was cancelled.
XII.
ADJOURNMENT
There being no further business to come before the Council, Mayor Stead adjourned the regular
-" ,f me F"",," W'y Cily Coono~ ~ ~
N. C ristine Green
Deputy City Clerk