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Council MINS 02-17-1998 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall February 17, 1998 - 7:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Ron Gintz opened the regular meeting of the Federal Way City Council at 7:10 p.m., in Council Chambers, City Hall, Federal Way, Washington. City Council present: Mayor Ron Gintz, Deputy Mayor Michael Park, Jeanne Burbidge, Jack Dovey, Linda Kochmar and Phil Watkins. City staff present: City Manager Ken Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, City Clerk Chris Green and Deputy City Clerk Bob Baker. Mayor Gintz announced the excused absence of Councilmember Mary Gates. II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the flag salute. III. PRESENTATIONS a. Arts Commissioner Introduction/Certificate A Certificate of Appointment was presented to Nancy Cole by Councilmember Burbidge. Mayor Gintz noted the presentation was fitting as Ms. Cole fills the vacancy created by Ms. Burbidge when elected to the Council. b. Human Services Commissioner Introductions/Certificates Councilmember Dovey presented Certificates of Appointment to Dianne Garren-Cook, Ken Johnson and Eric Olsen. Richard Bye, alternate, was not present. ORIGINAL CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 2 IV. CITIZEN COMMENT Alison Corrigan, Chamber President/CEO, strongly endorsed the RTA's complete analysis of alternative sites for the planned transit center and parking structure in the downtown core and frame. The Chamber is concerned that siting the transit center and parking garage at the 320'" Park & Ride facility will lessen the economic impact due to the development constraint imposed by 1-5 and the surrounding area. Finally, she encouraged the RTA and King County Transit to look at interim parking solutions at the 320'" and 272"d Park & Ride to facilitate current use of transit. Joann Piquette announced the Knutzen Family Theatre Fund project was nearing its end. She announced a Big Band Dance Fundraiser scheduled on February 28, at 8:00 p.m., with music performed by the Swing Reunion Orchestra. Evelyn Castellar spoke in support ofthe big band dance and stated King County Executive Ron Sims and the Mayor of Milton will attend. She encouraged Mayor Gintz to join them and have a dance competition. Alan McEachern, King County Arts Commissioner spoke in support of the big band dance and announced the availability of 1998 facilities grant funds for the Knutzen Family Theatre, in the amount of $100,000.00. He noted special thanks are due, in part, to Ron Sims and Peter von Reichbauer. V. j. CONSENT AGENDA a. b. MinuteslFebruarv 3 1998 Regular Meeting Nextel Communications Lease Agreement/Sacajawea Park ACC Interlocal Amendment SWM CaDital Facilities Plan UDdate 1996-99 Housimz & Communitv Develooment Plan BP A Trail Corridor Phase II Acceotance & RetainalZe Release 1997 Asohalt Overlav Project Acceotance & Retainage Release 1997 Sidewalk Reolacement Project Acceotance & RetainalZe Release Militarv Rd So.lSo. 284'" St. to So. 288'" St. Project Acceotance & RetainalZe Release Resolution/Suooort of Test PrOlzram - Modifications to SeaTac AiroortlSo. Deoarture Route/APPROVED RESOLUTION #98-266 c. d. e. f g. h. i. Councilmember Dovey pulled consent agenda item b. CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 3 Deputy Mayor Park MOVED APPROVAL OF CONSENT AGENDA ITEMS A, C, D, E, F, G, H, I AND J AS PRESENTED; second by Councilmember Kochmar. The motion carried as follows: Gates Park Watkins Kochmar excused absence yes yes yes Dovey Gintz Burbidge yes yes yes Item B: Nextel Communications Lease AlZreement/Sacaiawea Park Councilmember Dovey pulled this item to discuss a proposed amendment to a motion which was approved by the Parks, Recreation, Human Services and Public Safety Committee. The proposed amendment was to delete a portion of what was approved at the aforementioned meeting. Councilmember Dovey MOVED APPROVAL OF CONSENT AGENDA ITEM B, AS PRESENTED TO COUNCIL FROM COMMITTEE, WITH THE DELETION OF LANGUAGE WHICH PROVIDES "ALL REVENUES RECEIVED FROM THE LEASE ARE TO BE RECEIPTED INTO THE PARKS AND RECREATION DEPARTMENT BUDGET AND NOT THE GENERAL FUND"; second by Councilmember Kochmar. Nextel Representative Lynda Coile was present and ready to answer any questions from the Council. There were no questions. The motion carried as presented: Gates Park Watkins Kochmar excused absence yes yes yes Dovey Gintz Burbidge yes yes yes VI. PUBLIC HEARING Enchanted Park Annexation & Concomitant Development AlZreement a. Staff Presentation Mayor Gintz called the public hearing to order to consider the annexation of Enchanted Park Concomitant Development Agreement - Office Park 4 (OP-4); Development Regulations and acceptance of 60% Annexation Petition. Mayor Gintz explained the process required by Washington State law and the Federal Way City Code as they relate to this hearing. He announced any person may participate in the process by providing CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 4 written/oral presentation to Council, or by way of appearing through a representative. Mayor Gintz opened the public hearing at 7:20 p.m. Greg Moore, Director of Community Development Services, introduced himself. He relayed staff discussions with Enchanted Park began in 1993. In 1995 the City Council accepted a 10% petition and authorized circulation of a 60% petition. Said petition included Brittany Lanes and Regency Woods subdivisions. It was also in 1995, Council authorized a pre-annexation concomitant development agreement that would be prepared and effective upon annexation. The recommendation before Council is supported by City staffand Enchanted Park ownership. There have been improvements beyond King County requirements. Enchanted Parks has met with home owners association and have offered conditions beyond what City requires. Mr. Moore believes this agreement recognizes the unique characteristics of this land use and is a balanced and fair approach for the City, park and home owners in the area. Senior Planner Margaret Clark presented introductory comments and highlighted major points of the concomitant agreement and made a staff recommendation. Since the public hearing on November 13, 1997, the details of the concomitant agreement have been refined between City staff and applicant. They are now in agreement with the details. The agreement addresses all questions raised by Council, Planning Commission and citizens at said public hearing. Ms. Clark relayed the Enchanted Park annexation area is approximately 66 acres in size and includes the following property: approximately 65 acres owned by Enchanted Park, Inc., approximately one acre between 1-5 and Milton Road, and Milton Road. The concomitant development agreement covers only the property owned by Enchanted Parks, Inc. The annexation area does not include South 3691h Street or 191h Way South. As part of the annexation, Council will also be considering the adoption of the Office Park 4 (OP-4) development regulations which will govern all property within the annexation area. OP-4 development regulations would implement the OP-4 zoning which was adopted for the Enchanted Park Annexation area as part of the August 1, 1996, adoption of the City Zoning Map. Parcel Q is designated Neighborhood Business and Parcel V, the southern I 1.47 acres, is designated Residential with allowance for 4 dwelling units per acre. The OP-4 development regulations set out standards which any new use or expansion of an existing use must meet and the concomitant development agreement sets out additional standards which only apply to that property under Enchanted Park ownership. CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 5 The Office Park 4 development regulations use the existing City Office Park 4 zone as a basis and proposes to add other uses such as Regional Commercial Recreational facilities, hotels and general or specialty retail. The regulations include a process of review for all uses. In general, administrative review, i.e., director's approval will be used for any expansion, relocation or new regional commercial recreational uses proposed for the existing Enchanted ParkIWild Waves area. Only height limits (35 ft.) for the Department of Transportation property is addressed within the OP-4 development regulations. Height limits for the Enchanted Parks property is addressed as part of the concomitant agreement As it relates to signs, Ms. Clark noted that except for the 75-foot tall sign located adjacent to 1-5 and Milton Road, all signs are either in compliance or will be brought into compliance by the year 2000 as required by the sign code. Regarding the concomitant development agreement, Ms. Clark made verbal notes relative to the following items which may be reviewed in Exhibit 5 to the staff report prepared for this meeting: the concomitant would not regulate artificially-created wetlands such as the wetland on Parcel V, height restrictions, noise, parking, parking lot landscaping, perimeter landscaping, taxes and traffic. In terms of fiscal analysis, Ms. Clark relayed a comparison of the costs versus revenues associated with annexing Enchanted Park was prepared. This analysis covered the time period 1998 though 2003. The comparison shows that for the first six years, revenues will exceed expenditures and in the year 2003, expenditures will exceed revenues by approximately $1200. These figures are subject to change if the park expands its operation with new construction, or if property taxes or sales taxes increase or if surface water management fees increase based on new impervious surfaces Before concluding, two questions which arose at the November I3 Public Hearing were responded to. In response to the question as to whether there were eagles on parcel Q -- no evidence of eagle nests were found; and as to the concern about parking on So. 369th Street -- King County engineers have been working with the residents on restricting parking on the south side of So. 369th Street. In conclusion, Ms. Clark noted all decisional criteria based on City Code requirements have been met and made the following recommendations: accept the 60 percent petition by resolution and direct staff to submit a notice of intent to annex to the King County Boundary Review Board; make a motion to move the ordinance establishing the development regulations for the office park 4 (op-4 zone) and concomitant development agreement to second reading and make a motion to move the ordinance approving the annexation to second reading. b. Citizen Comment Tom Miller passed. CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 6 Eric Davies, a Brittany Lane resident, spoke of concern with the 35' height allowance. He also spoke of the buffer type required and suggested the use of Douglas Fir trees as they are quick growing. And finally, he would hope the off-duty officers' presence would continue. Debra Coates urged Council support this item. Elaine Mansoor, Chairman of the Board for the Chamber of Commerce, supports the FAA's test of an alternative flight pattern for commercial aircraft departing south from SeaTac airport. She stated the Chamber endorsed the annexation in question. Mark Clirehugh spoke in support ofthe annexation of Enchanted Park. He said Jeff & LeeAnn Stock are citizens of good character and their business would be a fine addition to the City. Jeff Stock stated this agreement has been 5 years in the planning. He stated the home owners co- authored the document and there is a majority which are accepting of the Park and want it to do well. He looks forward to an amicable relationship. He addressed the height requirements, non-loss of parking stalls and stated safety is #1 to their customers at the park. Jerry Hellis, Attorney for Mr. Stock, had nothing to offer. c. Council Deliberation Councilmember Watkins sought procedural clarification. Councilmember Kochmar asked questions with regard to Parcels Q & V. She then asked questions relative to proposed zoning. She has a problem with Parcel Q and the impact it would have on the neighborhood and the road. Although she believes the annexation would be a plus to the City, her concern is how the cost would impact the City in the future. Councilmember Park asked if, in reality, Parcel Q would be a good place to build a hotel. Ms. Clark stated it probably wouldn't be a good place, but would not make such a determination with reviewing any proposed plans. Councilmember Watkins asked about Parcel V. He said current zoning in King County is residential. He asked if it was multi-family or single family. Mr. Clark stated it is R-4 and allows single family, town houses and multi-family. He then sought clarification on the parking situation within the concomitant. Councilmember Kochmar stated the comprehensive plan was drawn in accordance with the Growth Management Act. A rezone of the parcels would not be in accordance with the plan and would be inconsistent. She doesn't believe government should be inflexible, but if the plan is in place, you CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 7 cause more problems by violating that trust which you developed when you put the plan together. After reviewing the items at hand, she wonders if others share her concerns. Further, she stated the traffic question was not adequately addressed. She said the basic issue here is trust with the community. She is in support of referring this item to the Land UselTransportation Committee for full review. Mr. Moore made a point of clarification to Councilmember Kochmar's statement. He said the plan is, indeed, consistent with the comprehensive plan for that area adopted by Council. In response to another question from Councilmember Kochmar, he noted the concomitant agreement goes "with the property" even if it is sold. Councilmember Dovey objects to referring this item back to committee. Time and effort have been put into the project. He said we have enough information to make a decision. He is in support of the annexation. Councilmember Watkins quoted from Comprehensive Plan Policy LUP 27 & Policy LUP 48 as well as the narrative for Community Business. He asked that considering what they are really approving in the near-term, (an amusement park); and in the long term, (a 160,000 sq. ft. shopping center and hotel), how staff squares that with the policies quoted. Mr. Moore stated that if the area were vacant, the question on use would arise; however, it is developed, and thus consistent with the policy. Mr. Moore also relayed some retail would be appropriate. Jeff Stock responded the trust of the community should not be in question. He negotiated in good faith, a purchase agreement for a piece of property near the park and worked with the neighbors. As a citizen he feels the staff worked extremely hard on this project. Mr. Hems stated King County zoning and Federal Way zoning are being confused. He said Federal Way has already comprehensively planned the piece of property in question. Confusion occurs when referring back to King County zoning. Councilmember Park is in favor of the annexation and stated it has been a collaborative effort by all involved. With that he MOVED APPROVAL TO ACCEPT THE RESOLUTION AS PRESENTED; second by Councilmember Burbidge. Discussion took place regarding wetlands, artificially created wetlands, height requirements, parking stalls and tax issues. Councilmember Burbidge stated they've had enough time for review and is in favor as this wíll enhance the City and provide us with substantial benefit. CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 8 Mayor Gintz closed the public hearing at 8:40 p.m. d. The motion carried as follows: Gates Park Watkins Kochmar Resolution/Acceoting 60% Annexation Petition APPROVED RESOLUTION #98-267 excused absence yes yes yes Dovey Gintz Burbidge yes yes yes VII. INTRODUCTION ORDINANCES a. Council Bill #190/Adooting Develooment Regulations & Concomitant Develooment Allfeement AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING ZONING DEVELOPMENT REGULA TrONS APPLICABLE TO PROPERTY ZONES OP-4 AND LOCA lED BETWEEN SR 161 (ENCHANTED PARKWAY), INTERSTATE 5, MILTON ROAD SOUTH, SOUTIl36911< STREET, AND 1911< WAY SOUTIl; AND APPROVING AND AUTIIORIZING THE CITY MANAGER TO EXECUfE A CONCOMITANT DEVELOPMENT AGREEMENT. Council Bill #190 was read into the record by Deputy City Clerk Bob Baker. Councilmember Dovey MOVED TO FORWARD COUNCIL BILL #190 TO SECOND READINGÆNACTMENT ON MARCH 3, 1998; second by Deputy Mayor Park. Councilmember Kochmar MOVED TO AMEND THE MAIN MOTION BY REFERRING THE ITEM TO COMMITTEE PRIOR TO SECOND READING OF COUNCIL BILL #190; second by Councilmember Watkins. Debate on the amendment ensued. Councilmember Dovey strongly opposed the amendment. The motion to amend failed as follows: Gates Park Watkins Kochmar excused absence no yes yes Dovey Gintz Burbidge no no no CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 9 The main motion carried as follows: Gates Park Watkins Kochmar b. excused absence yes no no Dovey Gintz Burbidge yes yes yes Council Bill #191Ænchanted Park Annexation AN ORDINANCE OF TIm CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY 65 ACRES LOCATED BETWEEN SR 161 (ENCHANTED P ARKW A Y), INfERST A TE 5. M1L TON ROAD SOUTH, SOUTH 369TH STREET, AND 19TH WAY SOUTH. Council Bill #191 was read into the record by Deputy City Clerk Bob Baker. Councilmember Dovey MOVED TO FORWARD COUNCIL BILL #191 TO SECOND READINGÆNACTMENT ON MARCH 3, 1998; second by Deputy Mayor Park. The motion carried as follows: Gates Park Watkins Kochmar excused absence yes no no Dovey Gintz Burbidge VIII. CITY COUNCIL BUSINESS a. Council Committee Aooointments yes yes yes Committee appointments were announced by Mayor Gintz. See attachment for listing. Councilmember Watkins MOVED APPROVAL OF THE COUNCIL COMMITTEE APPOINTMENTS AS PRESENTED; second by Councilmember Dovey. The motion carried as follows: Gates Park Watkins Kochmar excused absence yes yes yes Dovey Gintz Burbidge yes yes yes CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 10 b. Economic Develooment Uodate After abriefpresentationfromDebra Coates, including the review ofa draft organizational chart, this item was referred to the Finance Committee, without a vote, for consideration at their March 3 meeting. Councilmember Kochmar asked Ms. Coates for a spreadsheet including timelines for completion of specific goals and/or duties. Thereafter, a recommendation to full council. IX. CITY MANAGER REPORT Mr. Nyberg reported the concerns of George Lee (2/3/98 Council Meeting) have been addressed and remedies will take place within 24 months. Mr. Nyberg has requested Chief Wood make a short report following the first full year of operationsat the conclusion of this report. City Manager Nyberg requested an executive session under RCW 42.30.llO(I)(i), Potential Litigation and stated action may occur. Chief Wood reported the department handled 57,600 calls for service last year; made almost 700 presentations to various groups in the community and the overall index rate is down 11 % for the year. He is happy four crimes out of the 8-Crime (violent crime category) index are down 27.8%. A summary of response times shows our officers respond in a better than average manner. A presence of an active, visible patrol force have provided for over 70,000 public contacts over the last year. This increases public awareness and contributes to a reduced crime rate. Each Councilmember took time to say thank you to Chief Wood on behalf of his officers, the department staff and the work done on a daily basis. Councilmember Watkins thanked Ed Swan for the efforts he's made in the neighborhoods as well. x. CITY COUNCIL REPORTS Councilmember Dovey noted a Parks, Recreation, Public Safety & Human Services Committee scheduled for February 23, at 12:00 p.m. Councilmember Watkins noted a March 2, 5:30 p.m., Land Use/Transportation Committee meeting, wherein they'll discuss the sensitive areas code amendments. Councilmember Burbidge attended a Suburban Cities meeting last week and heard a presentation on the Endangered Species Act. She's also attended her first Regional Water Quality meeting. CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 11 Councilmember Kochmar attended a Parks Commission meeting wherein they discussed an off-leash dog park. She has asked King County Councilmember Peter von Reichbauer if King County could provide a park for this type of thing. Deputy Mayor Park reported his attendance at a Private Industry CounciVSuburban Cities Joint Executive Board meeting last week. At 9:28 p.m., Mayor Gintz recessed the regular meeting for Council to go into executive session. XI. EXECUTIVE SESSION (Added Item) LitigationlPursuant to RCW 42.30.110(1 )(i) At 9:48 p.m., Deputy City Manager Keightley announced another: 10 minutes were necessary. At 9:55 p.m., Mayor Gintz reconvened the regular meeting. Councilmember Dovey MOVED APPROVAL OF A RESOLUTION IMPOSING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, FOR ADULT ENTERTAINMENT AND ADULT RETAIL USES; second byCouncilmemberBurbidge. Councilmember Watkins asked the length of the moratorium, if approved. City Attorney Londi Lindell stated it is a 6-month moratorium; and pursuant to State law there will be a public hearing, before the Council, within 60 days at which time people have an opportunity to comment. The motion carried as follows: Gates Park Watkins Kochmar excused absence yes yes yes Dovey Gintz Burbidge yes yes yes XII. ADJOURNMENT Having no other business to come before the Council, the meeting was adjourned at 9:57 p.m. ~N~ Robert H. Baker Deputy City Clerk EXHIBIT ~ CITY OF FEDERAL WAY 1998 CITY COUNCIL COMMITTEE APPOINTMENTS 0 FINANCE/ECONOMIC DEVELOPMENTIREGIONAL AFFAIRS COMMITTEE Chair: Mary Gates 4th Tuesday - 5:15 p.m. Members: Jeanne Burbidge Administration Conference Room Linda Kochmar Staff: Iwen Wang & Marj Currie-Hicks 0 LAND USEITRANSPORTATION COMMITTEE Chair: Phil Watkins 1" & 3M Monday - 5:30 p.m. Members: Jeanne Burbidge Council Chambers Mary Gates Staff: Greg Moore & Sandy Lyle 0 PARKS/RECREATION/HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Chair: Jack Dovey 2nd & 4th Monday - 12:00 p.m. Members: Jeanne Burbidge Council Chambers Linda Kochmar Staff: Jenny Schroder & Sue Floyd 0 SOUTH KING COUNTY AREA TRANSPORTATION BOARD (SCATBd) Jeanne Burbidge 3M Tuesday - 9:00 - I I :00 a.m. Cary Roe (Alternate) WSDOT Maint., Kent Staff: Cary Roe 0 LAKEHA VEN/CITY LIAISON COMMITTEE Ron Gintz Quarterly - 3M Tuesday - 7:30 a.m. Phil Watkins Administration Conference Room Staff: Philip Keightley & Pat Briggs SCHOOL/CITY LIAISON COMMITTEE Ron Gintz Quarterly - 2nd Monday - 7:30 a.m. Mike Park Administration Conference Room Staff: Ken Nyberg & Philip Keightley 0 0 AIRPORT CITIES COALITION (ACe) COMMITTEE Phil Watkins 1" & 3M Wednesday - 6:00 p.m. Linda Kochmar (Alternate) Normandy Park City Hall Staff: Greg Fewins 0 EMS FINANCE PLANNING TASK FORCE Jim Hamilton (2-15-98 to 12-31-98) k:\clcrk\cmte98.wpd (Rev. 02-26-98)