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.