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Council MIN 08-10-1993 Special FEDERAL WAY CITY COUNCIL Special Session Council Chambers - City Hall August 10, 1993 - 7:00 P.M. MINUTES I. CALL MEETING TO ORDER Mayor Stead opened the special session of the Federal Way City Council at the hour of 7: 10 p.m., in Council Chambers, City Hall, Federal Way, Washington. Councilmembers Present: Mayor Bob Stead, Deputy Mayor Joel Marks, Council members Lynn Templeton, Skip Priest. Excused Absences: Councilmembers Mary Gates, Ray Tomlinson, Ron Gintz. (Note: Councilmembers Tomlinson and Gintz removed themselves from participation due to challenge of Wildwood Estates applicant's attorney) City Staff Present: City Manager J. Brent McFall, City Attorney Carolyn Lake, Deputy City Clerk Chris Green. (Note: Court Reporter Jean Erickson present for public hearing) II. PLEDGE OF ALLEGIANCE Councilmember Templeton led the flag salute. III. CITIZEN COMMENT Comments related to Wildwood Estates will be taken at the time of the public hearing. There were no citizen comments on other issues at this time. IV. PANTHER LAKE PROJECT BID AWARD Surface Water Manager Cary Roe gav,e the staff report and responded to Councilmember questions. Motion by Deputy Mayor Marks to accept the bid as presented; second by Councilmember Templeton. Motion passed as follows: Stead Tomlinson Gintz Priest yes excused absence excused absence yes Marks Gates Templeton yes excused absence yes ORIGINAL FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES August 10, 1993 - Page 2 v. PUBLIC HEARING/Wildwood Estates Preliminary Plat a. b. c. d. City Staff Report (15 minutes) Applicant Comment (15 minutes) Public Comment (3 minute limit per person) City Council Deliberation/Decision Mayor Stead opened the public hearing at the hour of 7:20 p.m., read the prepared statement of procedure, and called for public disclosure from the participating Councilmembers with respect to appearance of fairness and/or any written or oral ex parte communication. The following contacts were identified: Council member Priest reported a brief conversation with a citizen opposing the application, but advised the individual that their discussion was inappropriate; he said the contact would not affect his decision. Mayor Stead reiterated an earlier disclosure with respect to a brief contact with a citizen at a local drug store; he stated the contact would not affect his decision. There were no other appearance of fairness or exparte communication issues identified by the Council members in attendance. Applicant's attorney Robert Demony requested the record reflect he may later challenge the participation of Council member Priest, based on statements presented at an earlier hearing with respect to a neighborhood calling program and citizen contacts. Associate Planner Mike Thomas, Senior Development Engineer Ron Garrow and Traffic Engineer Tim Miller presented the staff reports and responded to questions by the Mayor and Councilmembers. Councilmember Templeton said Council member Priest should be allowed to decide whether or not to remove himself from deliberations in the event an appearance of fairness issue arises during the hearing. Templeton objected to the introduction of new materials by Robert Bernstein, the engineer hired by the opponents. He further inquired about the possibility of increased visibility at the roadway curve resulting from vegetation removal during development of the site. Attorney Demony reviewed the current conditions being placed on the project, and noted the applicant would like to reserve rebuttal time to respond to any new evidence introduced by the opponents' engineering report. Opponents' attorney Jim Handmacher addressed the issues of storm drainage and traffic safety, and announced they would like to present a video showing traffic problems in the area, as well as the introduction of an engineering report. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES August 10, 1993 - Page 3 The following persons addressed the Council in opposition to the plat: Laura Belvin - storm drainage and repair access; K. Kvam - increased street traffic; Ronald Anderson -showed video of traffic in subject area; Robert Bernstein, Engineer for Opponents - neighborhood traffic study; Jim Handmacher, Attorney for Opponents - increased site distance, extended sidewalk, and King County standards for health, safety and welfare. Mr. Handmacher requested the City Council deny the plat application. Mayor Stead called a short recess at the hour of 8:50 p.m., and reconvened the public hearing at 8:56 p.m., at which time public comment was continued. The following persons spoke in opposition to the proposed plat: David Harris for himself, and also read the statement of Stacey Keen - both on increased traffic congestion; Sharon Kline (whose statement was read into the record by Mayor Stead) - safety concerns; Barbara Bagdasarian - traffic safety and land buffer; Elfi Hornby - traffic safety; Patricia Clark - increased traffic; Nancy Combs - excessive speeds. Attorney Demony responded to traffic concerns of the opponents by noting traffic safety will actually be heightened due to the clearing of existing vegetation on the property, which will provide increased visibility at the curve in the road near the subject property. City Traffic Engineer Tim Miller responded to traffic safety questions by Councilmembers, and City Engineer Ron Garrow addressed drainage questions. Councilmember Templeton asked Ron Garrow if there is anything in the applicant's application that is in violation of the City's Code; Mr. Garrow responded in the negative. He then reiterated the same question to Tim Miller with respect to the City's Building Code; Mr. Miller also responded in the negative. Attorney Handmacher pointed out the possibility of future residents planting vegetation which might prevent adequate visibility for traffic at the roadway curve location. There being no additional information to come before the Council, Mayor Stead closed the public hearing at the hour of 9:38 p.m.. Councilmember Priest asked City Attorney Carolyn Lake to provide clarification on three points: City Council decision in lieu of Hearing Examiner; fairness of consideration; and public health and safety issues. Deputy Mayor Marks requested an executive session, not to exceed fifteen minutes. Mayor Stead recessed the special session at 9:45 p.m., and announced a IS-minute executive session for quasi-judicial deliberation pursuant to RCW 42.30.140(2), with action anticipated. FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES August 10, 1993 - Page 4 Mayor Stead adjourned the executive session at 10:00 p.m., and reconvened the special session. Council member Templeton moved for approval of the preliminary plat of Wildwood Estates, subject to the two (2) conditions in the staff report: 1. The applicant will be required to submit an appraisal of similarly situated property so that the city may determine the exact "fee in lieu of' to satisfy the open space requirement. Payment of the fee shall be required prior to final plat approval; 2. Storm drainage detention facilities shall be designed in accordance with Basin wide recommendation BW-2 of the Hylebos Creek Lower Puget Sound Basin Plan utilizing the 2-year and 10-year, 7-day storm events instead of the 2-year and lO-year, 24-hour storm events in the King County Surface Water Design Manual. The 30 percent factor of safety shall be applied per the Manual; and two (2) additional conditions: 3. Upon installation of retention/detention facility in Tract A, the grading, vegetation and improvements shall be installed to provide maximum site distance perpetually; 4. Driveways on Lot #6 and #7 shall be placed in the northern most location on each lot consistent with the Code; Councilmember Templeton further moved the Council direct the City Attorney to prepare a resolution embodying the Findings of Fact and Conclusions upon which this approval is based; second by Deputy Mayor Marks. Motion passed as follows: VI. Stead Tomlinson Gintz Priest Marks Gates Templeton yes excused absence excused absence yes yes excused absence yes ADJOURNMENT There being no further business to come before the Council, Mayor Stead adjourned the special session of the Federal Way City Counc' at the hour of 1 '02 p.m..