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..