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Council MINS 12-15-1998 Regular FEDERAL WAY CITY COUNCIL Council Chambers - City Hall December 15, 1998 MINUTES **** I. CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:01 PM in the Council Chambers, City Hall, Federal Way, Washington. Council members present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Jack Dovey, Mary Gates, and Linda Kochmar. Councilmember Phil Watkins excused. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip KeightIey, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Laura Ulanowski. MOTION BY MAYOR GINTZ TO AWARD CITY MANAGER KENNETH NYBERG AN 8% PERFORMANCE BONUS AS DISCUSSED IN EXECUTIVE SESSION AS PART OF HIS SERVICE EVALUATION. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge Gates Kochmar yes yes yes Dovey Gintz Park yes yes yes II. PLEDGE OF ALLEGIANCE Mayor Gintz led the Pledge of Allegiance. III. PRESENT AnON Economic Develooment Uodate Economic Development Executive Debra Coates updated Council on progress regarding the sign incentive program, adoption of street guidelines, and the International District. City Council Regular Meeting December 15, 1998 Page 2 IV. CITIZEN COMMENT Jeff Hawkins - asked if he could address the Council at the time Council considered the Comprehensive Plan Amendments Ordinance. Mayor Gintz agreed. Mike Jump - read a letter into the record opposing the annexation of the Weyerhaeuser property. Don Barovic - spoke in opposition to the Comprehensive Plan Amendments and left three (3) letters to various staff personnel to be delivered. H. David Kaplin - asked Council to consider implementing park impact fees. City Attorney Londi Lindell stated it would be appropriate for the Park/Recreation Committee to look at the issue and Park/Recreation Committee Chair Jack Dovey agreed. Bob Roach - introduced Pat Smithson of the Sunrise Rotary Club who presented the City with a $6,000.00 donation for Celebration Park. V. j. CONSENT AGENDA a. b. c. d. MinutesIDecember 1. 1998 Regular Meeting Voucher/December 15 1998 Monthly Financial Report/Month of October 1998 Government Access Channel Policies/Resolution-ADDroved Resolution 98-283 Sister City/Approval to Negotiate with Tonghae Weyerhaeuser Truck Route Revision Request Café Pacific Catering Contract/1999-2000 Agreement Extension SW 336th St. Construction Contract/Final Acceptance & Retainal!e Release Lloyd Entewrises/Street Maintenance Contract Extension CTR Professional Services Al!reement with KC/Metro e. f. g. h. i. MOTION BY DEPUTY MAYOR PARK TO APPROVE THE CONSENT AGENDA. COUNCILMEMBER DOVEY SECOND. Council member Gates pulled Consent Item (d). The motion to approve consent items (a), (b), (c), (e), (t), (g),(h),(i),and (j) passed as follows: Burbidge Gates Kochmar Dovey Gintz Park yes yes yes yes yes yes City Council Regular Meeting December 15, 1998 Page 3 Item (d) - MOTION BY COUNCILMEMBER GATES TO AMEND SECTION 4B LANGUAGE OF THE RESOLUTION - GOVERNMENT ACCESS CHANNEL POLICIES TO STATE: B. INITIATION OF PROGRAMMING. PROGRAMMING MAY BE INITIATED BY THE CITY COUNCIL, CITY DEPARTMENTS, CITY BOARDS AND COMMISSIONS, AND BY OTHER LOCAL GOVERNMENTS THAT PROVIDE SERVICES TO CITY RESIDENTS. ALL PROGRAMMING INITIATED BY SOURCES OTHER THAN TIlE ABOVE MUST BE COSPONSORED BY A CITY AGENCY 1\:NÐ AND APPROVED BY THE INFORMATION SYSTEMS MANAGER, PROGRAMMING INITIATED BY OTIIER GOVERNMENTS AND SOURCES MUST ADHERE TO THESE GUIDELINES AND PROCEDURES, AND MUST NOT CONFLICT WITH OR CONTRADICT ANY POLICY OR POSITION OF THE CITY. The motion to amend the language carried as follows: Burbidge Gates Kochmar yes yes yes Dovey Gi ntz Park yes yes yes MOTION BY COUNCILMEMBER GATES TO APPROVE CONSENT ITEM (d), GOVERNMENT ACCESS CHANNEL POLICIES RESOLUTION, WITH AMENDED LANGUAGE. COUNCILMEMBER PARK SECOND. The motion carried as follows: Burbidge Gates Kochmar yes yes yes Dovey Gintz Park VI. CITY COUNCIL BUSINESS yes yes yes a. Goldmine Thai Restaurant Business License Denial Appeal/Findine:s & Conclusions MOTION BY COUNCILMEMBER GATES TO UPHOLD AND ADOPT THE HEARING EXAMINERS FINDINGS AND CONCLUSIONS TO DENY A BUSINESS LICENSE TO THE GOLDMINE THAI RESTAURANT. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge Gates Kochmar yes yes yes Dovey Gintz Park yes yes yes b. Economic Development Council ŒDC) Nominations MOTION BY COUNCILMEMBER GATES TO NOMINATE DEBRA COATES AND ROBERT SCHOLES TO THE ECONOMIC DEVELOPMENT COUNCIL. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: City Council Regular Meeting December IS, 1998 Page 4 Burbidge Gates Koch mar yes yes yes Dovey Gintz Park yes yes yes c. 1999-2000 Human Services/Allocation of Additional Funding Council member Dovey explained revenues carried over from the 1998 budget allowed for funding of human services agencies to be restored at or about the same levels in the 1999-2000 budget. MOTION BY COUNCILMEMBER DOVEY TO ADOPT HUMAN SERVICES RECOMMENDATIONS FOR ALLOCATION OF ADDITIONAL FUNDING FOR 1999- 2000. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge Gates Kochmar yes yes yes Dovey Gintz Park yes yes yes VII. ORDINANCES a. Council Bill #205/1998 Comprehensive Plan Amendments/Enactment Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, ADOPTING AMENDMENTS TO DEVELOPMENT REGULATIONS CONTAINED IN CHAPTERS 20 AND 22 OF THE FEDERAL WAY CITY CODE, AND ADOPTING AMENDMENTS TO THE CITY'S ZONING MAP. Jeff Hawkins, Courtyard Village - expressed concerns over the timing of the agreement that states construction of 19th Place SW be complete by January 1, 2001. Mr. Hawkins stated due to weather that time of year and completion of the Park-N-Ride site, January would be difficult. Mr. Hawkins stated if they began construction by July 1,2001, the project should be complete between September/November 2001. Public Works Director Cary Roe addressed the issue stating when originally discussed with Courtyard Village they had stated they could complete the project by the end of 2000. MOTION BY MAYOR GINTZ TO AMEND SECTION 2 OF COUNCIL BILL 205, TO ADOPT THE PLANNING COMMISSION'S RECOMMENDATION ON TRANSPORTATION SITE SPECIFIC REQUEST TI AND DELETE SW 342ND PLACE BETWEEN 19111 PLACE SW AND 21ST AVENUE SW FROM THE COMPREHENSIVE PLAN. THE MOTION IS CONTINGENT UPON FOUR CONDITIONS: City Council Regular Meeting December 15, 1998 Page 5 Condition 1: That the developer agree to design and construct 19th Place SW from its present tenninus to the intersection of SW 344th Street, and design and construct SW 344th Street from its intersection with 19th Place SW westerly to the boundary of the Park N Ride site, with this construction to be completed no later than January 1, 2001. Condition 2: That, within 60 days of today's date, the developer's agreement to design and construct be set forth in a development agreement executed by the developer and the City Manager and acceptable in fonn and substance to the City Attorney. Condition 3: That, as a condition of the development agreement, the developer provide security in a fonn acceptable to the City Attorney for all full acquisition, design, and construction costs of construction of 191h Place and SW 344lh Street; and Condition 4: If a development agreement is not executed within 60 days as provided herein, Council deletion from the Comprehensive Plan of SW 342nd Place between 19th Place SW and 21" Avenue SW is automatically rescinded, and that road section is included as part of the City's Comprehensive Plan transportation map. COUNCILMEMBER GATES SECOND. MOTION BY MAYOR GINTZ TO AMEND THE MOTION THAT CONSTRUCTION OF 19m PLACE SW BE COMPLETE NO LATER THAN JULY 1, 2001. COUNCILMEMBER DOVEY SECOND. COUNCILMEMBER DOVEY OFFERED A FRIENDLY AMENDMENT TO STATE THE CONSTRUCTION OF 19m PLACE SW BE COMPLETE NO LATER THAN SEPTEMBER 1,2001. Mayor Gintz accepted the friendly amendment. The motion to amend the language carried as follows: Burbidge Gates Kochmar yes yes yes Dovey Gintz Park yes yes yes Jody Putman. Federal Way School District Representative - stated if 19th Place SW is constructed, the School District would like some kind of safety mitigation installed for the safety of the students at Saghalie Middle School. MOTION BY COUNCILMEMBER GATES TO AMEND EXHIBIT "D" TO COUNCIL BILL #205 TO CORRECT THE MAPS PERTAINING TO LAND USE SITE SPECIFIC REQUEST NO.1 TO INCLUDE THAT PORTION OF TRACT 17, OF THE MIDWAY SUBURBAN TRACTS IN WHICH WEYERHAEUSERHAS AN OWNERSHIP INTEREST WITHIN THE AREA TO BE DESIGNATED MULTI-FAMILY UNDER THE COMPREHENSIVE PLAN AND RM 3600 ON THE ZONING MAP. COUNCILMEMBER DOVEY SECOND. Council member Gates explained this amendment was strictly a housekeeping issue. City Council Regular Meeting December IS, 1998 Page 6 The motion to amend Exhibit "D" carried as follows: Burbidge Gates Kochmar yes yes yes Dovey Gintz Park yes yes yes The motion to approve the ordinance, Comprehensive Plan Amendments, as amended carried as follows: Burbidge Gates Kochmar yes yes yes Dovey Gintz Park yes yes yes b. Council Bill #206/Weyerhaeuser Annexation Development A!!reement/North/ Enactment Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE WEYERHAEUSER COMPANY AND THE FEDERAL WAY FIRE DISTRICT NO. 39. MOTION BY COUNCILMEMBER DOVEY TO AMEND THE WEYERHAEUSER ANNEXATION DEVEWPMENT AGREEMENT/NORTH ORDINANCE TO INCREASE THE NUMBER OF UNITS TO 106. COUNCILMEMBER BURBIDGE SECOND. Peter Orser, Quadrant Corporation - addressed the request for the increased number of units stating he is only asking for flexibility to make adjustments since the development agreement and the annexation are so close together and they don't know the issues that may pop up. Mr. Orser stated the city staff had been very professional throughout this process and thanked the staff for their assistance. Mayor Gintz allowed comment from the audience: Mike Jumo - stated a petition of adjacent property owners had been circulated and faxed to the Council opposing the annexation. Mayor Gintz stated Council had received the petition and Mr. Orser stated he had also received it today and would be responding to each property owner in writing. The motion to amend the ordinance to allow for the increase in the number of units passed 4-2 as follows: Burbidge Gates Kochmar yes no yes Dovey Gintz Park yes yes no City Council Regular Meeting December 15, 1998 Page 7 MOTION BY COUNCILMEMBER DOVEY TO APPROVE THE ORDINANCE AS AMENDED. COUNCILMEMBER BURBIDGE SECOND. The motion carried as follows: Burbidge Gates Kochmar yes yes yes Dovey Gintz Park yes yes yes c. Council Bill #208/Weyerhaeuser Annexation Adoption/North/Enactment Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY 25.7 ACRES LOCATED BETWEEN SOUTH 320TH STREET, INTERSTATE 5, MILITARY ROAD, AND SOUTH 316TH STREET. MOTION BY COUNCILMEMBER GATES TO APPROVE WEYERHAEUSER ANNEXATION ADOPTION/NORTH. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge Gates Kochmar yes yes yes Dovey Gintz Park yes yes yes VIII. CITY MANAGER REPORT City Manager Kenneth Nyberg wished Council, community, and staff a happy holiday season. IX. CITY COUNCIL REPORTS Council member Dovey stated the Parks/Recreation/Public Safety/Human Resources Committee meeting has been rescheduled from December 28, 1998 to January 8, 1999. Councilmember Burbidge stated she attended the South King County Transportation Board meeting with Public Works Director Cary Roe and Councilmember Gates. Council member Gates stated the Executive Summary of the Link Light Rail Report is available and she made a copy available to the public. Jim Hamilton addressed the Council regarding Referendum 49 at Councilmember Gates request. Council member Kochmar stated she attended the last Suburban Cities Association Meeting. Council member Burbidge added that a newspaper article appeared in the New York Times on the West Hylebos State Park in Federal Way and its caretaker Ms. Ilene Marckx. City Council Regular Meeting December IS. 1998 Page 8 x. ADJOURNMENT There being no further business before the Council, Mayor Gintz adjourned the regular meeting of the Federal Way City Council at 8:35 PM.