Council MIN 11-21-1995 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
November 21, 1995 - 7:00 p.m.
MINUTES
I.
CALL MEETING TO ORDER
Mayor Gates opened the regular meeting of the Federal Way City Council at 7:00 p.m., in
Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mayor Mary Gates, Deputy Mayor Phil Watkins, Council members Jack
Dovey, Hope Elder, Ron Gintz, Mike Park and Skip Priest.
City Staff present: City Manager Ken Nyberg, City Attorney Londi Lindell, Deputy City
Clerk Bob Baker.
II.
PLEDGE OF ALLEGIANCE
Councilmember Dovey led the flag salute.
III.
PRESENTATIONS
a.
Planning Commission Introductions
Mayor Gates and Deputy Mayor Watkins presented Certificates of Appointment to Todd
Suchan, Tim Carr and Brian Johnson. Returning Commissioner Luana Joslin was not present.
b.
Diversity Commission Introductions
Mayor Gates and Deputy Mayor Watkins presented Certificates of Appointment to Cynthia
Hassen, John Felleisen and Juan Sanchez. Mr. R. L. Lottier was not present.
c.
United Way Recognition
Mayor Gates read from a letter received in todays mail acknowledging the support and
generosity city employees showed during the recent United Way campaign. The letter further
recognized and thanked Jennifer Schroder for her efforts in coordinating the drive.
ORIGINAL
City Council Meeting Minutes - 11/21/95
Page 2
IV.
PUBLIC COMMENT
Dave Clarke, Carolyn Lake, Bruce Creager, Roger & Kelly Johal, Len Schaadt, Donald
Bearovic and Anthony Starkevich spoke in favor of the City's comprehensive plan along with
their concerns relative to zoning and redesignation for particular parcels of land. Mr.
Starkevich requested his parcel on 348th be rezoned to Office Park. Larry Brader and Dan
Dennis spoke against accessory dwelling units while Rick & Delore Schwarz spoke in favor
of same. Dennis Carkonen questioned school impact fees and vesting times. He and Brian
Berlage spoke against the fee and suggested grandfathering in currently applied for permits
before assessing the fee. John Metcalf congratulated council for approving the 1996 budget
and thanked them for keeping social services monies in tact. He encouraged council to use
the Visitation Retreat Center for future retreats and questioned police officer hiring and
incentives and requirements. Mayor Gates and City Attorney Lindell answered questions as
they were raised during citizen comment.
v.
CONSENT AGENDA
a.
b.
MinutesINovember 8 Regular Meeting
ResolutionlViacom Sale to TCI
APPROVED RESOLUTION 95-220
Enactment Ordinance/Council Bill #122/Accessory Dwelling Units
APPROVED ORDINANCE 95-245
Enactment Ordinance/Council Bill #124/Surface Water Mgmnt. Compo Plan
APPROVED ORDINANCE 95-246
Enactment Ordinance/Council Bill #125/Parks & Rec. Open Space Compo Plan
APPROVED ORDINANCE 95-247
Enactment Ordinance/Council Bill #126/City's Comprehensive Plan
APPROVED ORDINANCE 95-248
Enactment Ordinance/Council Bill #123/School Impact Fees
APPROVED ORDINANCE 95-249
Final Acceptance of 1995 Asphalt Overlay Contract
Final Acceptance of BP A Trail Phase I
c.
d.
e.
f.
g.
h.
i.
Councilmember Gintz moved to adopt the consent agenda as presented; second by
Council member Dovey.
Councilmember Priest pulled items (c), (1) and (g); Councilmember Elder pulled item (a).
City Council Meeting Minutes - 11/21/95
Page 3
The motion to adopt items (b), (d), (e), (h) and (i) carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
Item (a): Councilmember Elder noted one necessary correction to the minutes of
November 8. Mr. Dave Froyalde was not present at the meeting, but was named as an
Alternate Civil Service Commissioner. With the inclusion of the words "was not present,"
Councilmember Gintz moved the minutes be approved; second by Councilmember Elder. The
motion to correct and approve minute of November 8 passed as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
Item (c): Deputy Mayor Watkins moved to amend the proposëd Accessory Dwelling Unit
Ordinance to only allow detached and attached ADUs in suburban estate residential zones
with minimum lot sizes of 5 acres or more and in residential zones with a minimum lot size
of 15,000 square feet or more and direct the City Attorney to make the necessary language
amendments to accomplish this motion; second by Councilmember Priest. Discussion ensued
between Councilmembers. The motion failed as follows:
Gates
Park
Gintz
Priest
no
yes
no
Watkins
Dovey
Elder
yes
no
no
yes
Councilmember Gintz moved to adopt Council Bill #122 as Ordinance No. 95-245; second by
Councilmember Elder. Discussion ensued among Councilmembers. The motion carried as
follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
no
yes
yes
City Council Meeting Minutes - 11/21/95
Page 4
Item (f): Councilmember Gintz moved to adopt the ordinance regarding the City's
Comprehensive Plan; second by Councilmember Elder. Discussion ensued.
Councilmember Priest moved for 25 amendments to the draft comprehensive plan.
Councilmember Priest noted that although many of the amendments are technical, some
amendments are substantive. The City Attorney confirmed that these amendments are the
result of the extensive testimony considered by the City Council at prior public hearings and
the City Council's deliberations regarding the Council's concern to protect environmentally
sensitive areas such as the Spring Valley area by limiting development at or near such
environmentally sensitive areas; second by Councilmember Gintz. The motion carried as
follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
Councilmember Priest moved for technical map changes. Greg McCormick provided an
overhead which included parcels requiring "clean up" or technical amendments.
Councilmember Gintz moved to adopt proposed corrections; second by Councilmember Elder.
The motion for technical map changes passed as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
Councilmember Priest, in favor of Mr. Anthony Starkevich's request, moved to amend the
parcel on 348th, from Business Park Zone to Office Park Zone. Discussion ensued. The
motion carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
The motion to adopt Council Bill #126 as Ordinance No. 95-248 carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
City Council Meeting Minutes - 11/21/95
Page 5
Mayor Gates thanked all who have stayed through the entire comprehensive plan process
beginning in 1990 and especially thanked the Planning Commission for endless hours of
work. Councilmember Priest thanked the city staff for their hard work; especially those in the
GIS department. Finally, he acknowledged and thanked Stephen Clifton and Greg
McCormick for being responsive to the needs of the City Council.
Item (g): Councilmember Priest moved to adopt the School Impact Fees Ordinance as
presented; second by Councilmember Gintz. Discussion ensued.
Mayor Gates moved for the following amendment: The City shall collect school impact fees,
based on the fee schedule in the District's Capital Facilities Plan, from any applicant seeking
development approval from the City where such development activity requires the issuance of
a residential building permit or a manufactured home permit; second by Councilmember
Gintz; The amendment carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
The motion to adopt Council Bill #123 as Ordinance 95-249 carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
VI.
INTRODUCTION ORDINANCES
a.
Council Bill #127/1996 City Budget
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO
BUDGETS AND FINANCE, ADOPTING THE 1996 BUDGET.
Mayor Gates conducted the first reading of the Ordinance. Councilmember Priest moved to
carry the matter to the December 5, 1995, Agenda for enactment; second by Councilmember
Elder.
City Council Meeting Minutes - 11/21/95
Page 6
The motion carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
b.
Council Bill #128/Property Tax Rate
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, FIXING THE
PROPERTY TAX AMOUNT FOR THE YEAR 1996.
Mayor Gates conducted the first reading of the Ordinance. Councilmember Priest moved to
carry the matter to the December 5, 1995, Agenda for enactment; second by Councilmember
Dovey. The motion carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
c.
Council Bill #129Æstablish Public Safety Department
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO THE
ESTABLISHMENT OF A PUBLIC SAFETY DEPARTMENT
(REPEALING ORDINANCES 90-20 AND 91-111).
Mayor Gates conducted the first reading of the Ordinance. Councilmember Elder moved to
carry the matter to the December 5, 1995, Agenda for enactment; second by Councilmember
Gintz. The motion carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
d.
Council Bill #130Æstablish LEOFF I Retirement & Disability Board
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, CREATING A
DISABILITY BOARD.
City Council Meeting Minutes - 11/21/95
Page 7
Mayor Gates conducted the first reading of the Ordinance. Councilmember Gintz moved to
carry the matter to the December 5, 1995, Agenda for enactment; second by Councilmember
Dovey. The motion carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
Mayor Gates made a request of City Attorney Lindell to research residency requirements (if
any) of LEOFF Retirement & Disability Boardmembers before the next Council meeting.
e.
Council Bill #13I/Failure to Return Leased PropertyNideo Rentals
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, REPEALING THE
ADOPTION BY REFERENCE OF RCW 9.45.062,
CR1MINALIZING THE FAILURE TO DELIVER LEASED
PERSONAL PROPERTY (AMENDING PRIOR ORDINANCE
91-89).
Mayor Gates conducted the first reading of the Ordinance. Councilmember Gintz moved to
carry the matter to the December 5, 1995, Agenda for enactment; second by Councilmember
Dovey. The motion carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
VII. CITY MANAGER REPORT
The City Manager reported to Council he'll be absent November 22 - November 26. Philip
Keightley will serve as Acting City Manager. Londi Lindell will serve as Acting Deputy City
Manager.
He reported the need for a 30-minute executive session tonight with no action anticipated.
City Council Meeting Minutes - 11/21/95
Page 8
VII. CITY COUNCIL REPORTS
Councilmember Park had no report.
Councilmember Priest reported a LUTC Meeting on December 4 at 6:00 p.m.
Councilmember Gintz reported a Finance Meeting on November 28 at 7:30 a.m.
Deputy Mayor Watkins had no report.
Councilmember Elder reported a Diversity Commission Workshop on December 2, at 9:00 a.m.
at Klahanee. She announced the PSHS Committee Meeting changed from December 7 to
December 14 @ 7:30 a.m.
Councilmember Dovey reported a Parks Committee Meeting on December 18. He also informed
Council he'd be out of town next week from the 30th of November to December 7.
Mayor Gates reminded councilmembers of the December 8 deadline to respond to recent AWC
correspondence. She also announced Metro will begin service to the SeaTac Mall on Monday,
November 27. The Mall has given approval for DART service. A bus stop has been erected.
She announced the Hachinohe delegation will arrive Monday, November 27 at 1:30 p.m.
IX.
EXECUTIVE SESSION -Litigation/Pursuant to RCW 42.30.11O(i)
At 9:03 p.m., Mayor Gates announced a 30-minute executive session.
At 9:27 p.m., City Manager Nyberg announced another 15 minutes were necessary.
At 9:43 p.m., Deputy City Manager Keightley announced another 15 minutes were necessary.
X.
ADJOURNMENT
At 10:02, Mayor Gates adjourned the executive session and reconvened the regular meeting.
Taking no action from the executive session and there being no further business to come before
the Council, Mayor Gates adjourned the regular meeting of the Federal Way City Council at the
hour of 10:03 p.m.
~
Robert H. Baker
Deputy City Clerk