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Council MINS 12-01-1998 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall December 1, 1998 - 7:00 PM MINUTES ***** I. CALL MEETING TO ORDER Mayor Ron Gintz called the regular meeting of the Federal Way City Council to order at 7:07 PM in the Council Chambers, City Hall, Federal Way, Washington. Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Jeanne Burbidge, Jack Dovey, Mary Gates, Linda Kochmar and Phil Watkins. Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, and City Clerk Chris Green, and Deputy City Clerk Laura UJanowski. II. PLEDGE OF ALLEGIANCE Jr Girl Scout Troop #1994 Jr. Girl Scout Troop #1994 led the Pledge of Allegiance. III. CITIZEN COMMENT Joann PiQuette - thanked Council for restoring the arts budget and commended staff support of the Arts Commission. Barbara Reid - thanked all volunteers who participated in working on Celebration Park. H. David Kaplin - announced the City has surpassed its fund-raising goal of $350,000.00 for Celebration Park with a month to go in the campaign. Total collected thus far is $351,773.00. Fred Williams - spoke in opposition to the gambling tax ordinance. Steve Griffith, PJ Pockets - opposed to the gambling tax ordinance. Rocco Pangello, PJ Pockets- opposed to the gambling tax ordinance and discussed the economic impact such a tax would have on gambling businesses. ORIGINAL City Council Regular Meeting December 1, 1998 - Page 2 Ben Morris - opposed to gambling tax and urged Council to examine the issue closer before making a decision. Mayor Gintz read a letter into the record from Russ Rod!!ers opposing the gambling tax ordinance. Jeff Wise, Recreational Gaming Association - read a statement into the record opposing the gambling tax. Senator Rav Schow - urged caution in increasing the gambling tax. Chris Pallis - opposed gambling tax increase. Leslie Meik - urged Council to reconsider gambling tax increase and examine the issue further before making a final decision. Jim Routos - opposed to gambling tax increase. Rav Orrne - opposed to gambling tax increase and stated it would also affect business supported by gambling operations. Fred Steiner - opposed to gambling tax increase. John S. Vertreer- opposed to gambling tax increase. Lawrence Wilson - stated if gambling tax is increased, some of the funds raised should go to help people with gambling addictions. IV. a. b. c. d. e. f. g. h. i. j. CONSENT AGENDA Minutes/November 17. 1998 Re~lar Meetin!! - Approved Resolution/Fee Schedule - Aooroved Resolution No. 98-281 SW 34Oth St Regional Storage Facility/Final Project Acceotance-Aooroved Hoyt Rd/340th St Interlocal Agreement with City of Tacoma-Aooroved Street Sweeping Contract Extension for 1999-Approved Council Bill #200/Shoreline Management Pro!!ram & Regulations/ Enactment Ordinance-Aooroved with Amendments Ord No. 323 Council Bill #202/1998 Final Biennium Budget Adjustment/Enactment Ordinance - Approved Ord No. 98-324 Council Bill #203/1999-2000 Biennial Budget/Enactment Ordinance -Aooroved Ord No. 98-325 Council Bill #204/1999 Prooertv Tax Rate/Enactment Ordinance-Approved Ord No. 98-326 Council Bill #207/Weverhaeuser Annexation Develooment Agreement/South! City Council Regular Meeting December I, 1998 - Page 3 Enactment Ordinance -Aooroved Ora No. 98-327 (with amended lanvua~e) Council Bill #209 /W everhaeuser Annexation AdoptionlSouth/EnactmentOrdinance- Aooroved Ora No. 98-328 High Point Pinal Plat Approval/Resolution- Aooroved Resolution No. 98-282 1999 Transoortation ImDrovement Projects/Grant ADolications-Aoproved k. 1. m. MOTION BY COUNCILMEMBER DOVEY TO APPROVE THE CONSENT AGENDA. COUNCILMEMBER WATKINS SECOND. Councilmember Watkins pulled consent item (b). Councilmember Gates pulled consent item (j). Councilmember Burbidge pulled consent item (t). The motion to approve consent items (a),(c),(d),(e),(g),(h),(i),(k),(l),(m) carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Consent Item (b) - Fee Schedule Resolution - COUNCILMEMBER WATKINS MOVED TO APPROVE THE UPDATED FEE SCHEDULE. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Consent Item (0 - Shoreline Management Program and Regulations Ordinance - MOTION BY COUNCILMEMBER WATKINS TO APPROVE CONSENT ITEM (0. COUNCILMEMBER GATES SECOND. MOTION TO AMEND BY COUNCILMEMBER BURBIDGE TO APPROVE SHORELINE MANAGEMENT PROGRAM & REGULATIONS ORDINANCE WITH AMENDED LANGUAGE TO SECTION 18-165.04. COUNCILMEMBER GATES SECOND. City Council Regular Meeting December 1, 1998 - Page 4 MOTION BY MAYOR GINTZ TO AMEND THE AMENDMENT TO STATE THAT THE LANGUAGE IN THE AMENDMENT TO THE ORDINANCE IS SUBSTANTIALLY IN FORM THE SAME LANGUAGE. COUNCILMEMBER BURBIDGE SECOND. The motion to amend the amendment carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes The motion to amend the language in Section 18-165.04 carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes The main motion to approve the ordinance with the amendments carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Consent Item (j) - Weyerhaeuser Annexation Development Agreement South - MOTION BY COUNCILMEMBER GATES TO APPROVE CONSENT ITEM (j). COUNCILMEMBER DOVEY SECOND. MOTION TO BY COUNCILMEMBER GATES TO AMEND ORDINANCE LANGUAGE IN EXHIBIT A, PARAGRAPH 1.2 WITH THE FOLLOWING: "VESTING - THE CITY OF FEDERAL WAY ACKNOWLEDGES THAT WEYERHAEUSER WOULD HA VE THE RIGHT PRIOR TO THE EFFECTIVE DATE OF THE ANNEXATION TO APPLY TO KING COUNTY FOR APPROVAL TO DEVELOP THE WEYERHAEUSER PROPERTY. THE CITY OF FEDERAL WAY AND WEYERHAEUSER AGREE THAT IN LIEU OF, BUT NOT IN ADDITION TO, MAKING SUCH APPLICATION TO KING COUNTY, WEYERHAEUSER MAY APPLY TO THE CITY OF FEDERAL WAY WHICH SHALL PROCESS SUCH APPLICATION ACCORDING TO THE PROVISIONS OF THIS AGREEMENT AND THE CITY OF FEDERAL WAY CITY CODE PROVISIONS AS OF THE DATE FEDERAL WAY DEEMS THE WEYERHAEUSER APPLICATION COMPLETE. FEDERAL WAY SHALL BE ENTITLED TO RECOVER ALL COSTS INCURRED IN SUCH PROCESS. FEDERAL WAY'S AGREEMENT IN THIS PARAGRAPH IS SUBJECT TO WRITTEN CONCURRENCE OF KING COUNTY. IN THE EVENT THAT WEYERHAEUSER APPLIES TO THE CITY OF FEDERAL WAY PURSUANT TO THIS PARAGRAPH, City Council Regular Meeting December 1, 1998 - Page 5 WEYERHAEUSERAGREES TO WAIVE AND NOT TO ASSERT AGAINST THE CITY, ANY AND ALL VESTED RIGHTS THAT MIGHT OTHERWISE BE OBTAINED UNDER THE KING COUNTY CODE INCLUDING ZONING AND/OR DEVELOPMENT REGULATIONS CONTAINED THEREIN, AND WEYERHAEUSERAPPLIED TO KING COUNTY PRIOR TO THE EFFECTIVE DATE OF THE ANNEXATION. " COUNCILMEMBER DOVEY SECOND. The motion to amend carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park The main motion with amended language carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes yes yes yes MOTION BY MAYOR GINTZ TO ADD AN ITEM TO THE AGENDA UNDER COUNCIL BUSINESS - RESPONSE TO LETTER FROM PAUL TANAKA, DEPUTY KING COUNTY EXECUTIVE. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins v. yes yes yes yes Dovey Gintz Park PUBLIC HEARINGS yes yes yes a. Goldmine Thai Restaurant Business License Denial Appeal Staff Presentation Applicant Presentation City Council Deliberation Mayor Gintz opened the public hearing at 8:45 PM. Applicant Lyla Yang asked Council to overturn the Hearing Examiners decision and grant her a business license for a restaurant only. Deputy City Attorney Bob Sterbank addressed the Council regarding the Hearing Examiners decision to deny the business license application to Ms. Yang, stating she had misrepresented her purposes behind the application on several points and failed to state she intended to open a casino. City Council Regular Meeting December I, 1998 - Page 6 Mr. Sterbank asked Council to uphold the Hearing Examiners decision. Ms. Yang readdressed the Council stating she did not intend to open a casino until a later date but had to remodel the entire structure prior to opening any part of the business and it was her intention to open a restaurant first. Council will take under advisement and rule at the Regular City Council meeting on December 15, 1998. COUNCILMEMBER WATKINS MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes Mayor Gintz closed the Public Hearing at 9:33 PM. MOTION BY COUNCILMEMBER DOVEY THAT COUNCIL DISCUSS ISSUE AT A DATE PRIOR TO DECEMBER 15, 1998. COUNCILMEMBER KOCHMAR SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins b. yes yes yes yes Dovey Gintz Park yes yes yes So 344th Street Vacation Staff Report Citizen Comment City Council Deliberation Mayor Gintz opened the public hearing at 9:40 PM. Street Systems Manager Ken Miller addressed the Council and described the location of the proposed street vacation requested by the Quadrant Corporation. City Attorney Londi Lindell explained approval of the street vacation would allow the City Attorney's Office to prepare the ordinance and have Quadrant pay the necessary required fees for the street vacation prior to actual ordinance approval. Susan Eckle, Quadrant Corporation - stated they are in favor of the street vacation. City Council Regular Meeting December 1. 1998 - Page 7 MOTION BY MAYOR GINTZ TO CLOSE THE PUBLIC HEARING. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes MOTION BY COUNCILMEMBER WATKINS TO ALLOW CITY ATTORNEY TO PREPARE THE ORDINANCE GRANTING THE STREET VACATION SUBJECT TO PAYMENT BY QUADRANT OF 100% OF THE APPRAISED VALUE OF THE AREA TO BE VACATED. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes MOTION BY COUNCILMEMBER GATES TO SUSPEND THE RULES TO ALLOW THE MEETING TO GO PAST 10:00 PM. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins VI. yes yes yes yes Dovey Gintz Park ORDINANCES yes yes yes Council Bill #205/1998 Comprehensive Plan A.mendments/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. a. MOTION BY COUNCILMEMBER WATKINS TO APPROVE ORDINANCE ADOPTING THE COMPREHENSIVE PLAN AMENDMENTS. COUNCILMEMBER BURBIDGE SECOND. City Council Regular Meeting December I, 1998 - Page 8 MOTION BY COUNCILMEMBER KOCHMAR TO AMEND THE MOTION TO PULL TWO SECTIONS FOR DISCUSSION. COUNCILMEMBER WATKINS SECOND. City Attorney Londi Lindell explained that the motion is to remove two specific sections from the comprehensive plan amendments, and each must be voted up or down separately. Councilmember Dovey asked to hear from public prior to voting on the amendments. John Lape, Architect for Courtyard Village - asked Council to approve abandoning the Right of Way at 341" Street to allow for 280 senior housing units to be accessed via 19"'. Jodi Putnam - supports not having 341" Street as a thoroughfare. Peter Orser - Quadrant Corporation - asked Council to table decision on Weyerhaeuser Annexation Development Agreement North as it relates to the comprehensive plan amendments. Jeff Hawkins - stated Courtyard Village Developers could not do the project if the 341" Street stayed as it is in the comprehensive plan. Councilmember Kochmar withdrew her motions to remove sections for discussion purposes. MOTION BY COUNCILMEMBER GATES TO POSTPONE DECISION ON THE COMPREHENSIVE PLAN AMENDMENTS, WEYERHAEUSER ANNEXATION DEVELOPMENT AGREEMENT NORTH AND WEYERHAEUSER ANNEXATION ADOPTION NORTH UNTIL THE DECEMBER 15, 1998 CITY COUNCIL MEETING TO ALLOW FOR FURTHER CLARIFICATION AND DISCUSSION. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes b. Council Bill #206/Weverhaeuser Annexation Develooment Agreement/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. Discussion and Decision Postponed until the December 15, 1998 City Council Meeting. City Council Regular Meeting December I, 1998 - Page 9 Council Bill #208/W eyerhaeuser AnnexationAdoutionlN orth/EnactmentOrdinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHINGTON,ANNEXINGAPPROXIMATEL Y 25.7 ACRES LOCATED BETWEEN SOUTH 320TH STREET, INTERSTATE 5, MILITARY ROAD, AND SOUTH 316TH STREET. c. Discussion and Decision Postponed until the December 15, 1998 City Council Meeting, d. Council Bill #21O/Gamblinl! Tax Code Amendment/Enactment Ordinance- Aooroved Ord No. 98-329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 14, SECTION 14-144, REGARDING THE TAX RATE ON SOCIAL CARD GAMES (AMENDS ORDINANCES 90-15, 90-44,91-101,96-268,96-279,97-286, AND 97-301). MOTION BY COUNCILMEMBER GATES TO APPROVE ENACTMENT OF THE GAMBLING TAX CODE AMENDMENT AT 20% ON SOCIAL CARD GAMES. COUNCILMEMBER BURBIDGE SECOND. Issue was discussed between Council and audience. MOTION BY COUNCILMEMBER DOVEY TO RAISE THE TAX TO 15% - WITHDRAWN. MOTION BY COUNCILMEMBER DOVEY TO TABLE THE ISSUE FOR 90 DAYS AND REVISIT AT THE END OF 90 DAYS. MAYOR GINTZ SECOND. The motion failed 5-2 as follows: Burbidge Gates Kochmar Watkins no no no no Dovey Gintz Park yes yes no The main motion carried 5-2 as follows: Burbidge Gates Kochmar Watkins yes yes yes yes Dovey Gintz Park yes no no City Council Regular Meeting December I, 1998 - Page 10 VII. COUNCIL BUSINESS (Added Item) MOTION BY COUNCILMEMBER DOVEY TO APPROVE LETTER TO PAUL TANAKA OF KING COUNTY EXECUTIVE'S OFFICE. COUNCILMEMBER GATES SECOND. The motion carried as follows: Burbidge Gates Kachmar Watkins yes yes yes yes Dovey Gintz Park yes yes yes VIII. CITY MANAGER REPORT City Manager Kenneth Nyberg recapped citizen comments of the November 17, 1998 City Council meeting and announced Council would have an executive session regarding potential litigation pursuit to RCW 42.30. 11O(I)(i) expected to last approximately 10 minutes with no action expected. V. CITY COUNCIL REPORTS Councilmember Dovey stated the next meeting of the Parks/Recreation/Human Services/Public Safety Committee is scheduled for December 14, 1998. Councilmember Watkins stated the next meeting of the Land Use/Transportation Committee is scheduled for December 7, 1998. Councilmember Burbidge stated she will attend a Sound Transit meeting on December 2, 1998. Councilmember Gates announced the next meeting of the FinancelEconomic Development Committee is scheduled for December 8, 1998. Councilmember Kochmar thanked Parks staff for the tour of Celebration Park. Council moved to executive session at 11:45 PM. IX. EXECUTIVE SESSION - (Added Item) Potential Litigation - Pursuant to RCW 42.30. 110(J)(i) At 12:00 midnight Philip Keightley announced another 5 minutes necessary. Council reconvened at 12:05 PM. City Council Regular Meeting December 1, 1998 - Page 11 x. ADJOURNMENT There being no further business before the Federal Way City Council, the meeting adjourned at 12:05 AM.