Council MINS 04-20-1999 Regular
ORIGINAL
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall- 7:00 PM
April 20, 1999
*****
MINUTES
I.
CALL MEETING TO ORDER
Mayor Gintz called the Regular Meeting of the Federal Way City Council to order at 7:06 PM in the
Council Chambers, City HalL
Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers
Burbidge, Dovey, Gates, Kochmar and Watkins.
Staff Present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightiey, City Attorney
Londi Lindell, Deputy City Manager Bob Sterbank, City Clerk Chris Green and Deputy City Clerk
Laura Ulanowski.
II.
PLEDGE OF ALLEGIANCE
Councilmember Burbidge led the Pledge of Allegiance.
III.
PRESENTATIONS
a.
ProciamationIY outh Reco!!nition Week
Councilmember Dovey proclaimed the week of April 19-23 as Youth Recognition Week and
announced there will be a ceremony on April 22, 1999 at Dumas Bay Center for Youth Recognition
Night. Councilmember Dovey presented the Proclamation to Youth Commission Chair Kevin Jones
and Commission Member Sue Park.
b.
ProciamationlFederal Wav Fire Deoartment 50th Year Celebration
Councilmember Dovey read a Proclamation honoring the Federal Way Fire Department's 50th Year
Celebration and presented the proclamation to Fire Chief Jim Hamilton. Chief Hamilton thanked the
Council and presented plaques to Council and the City Manager with the patch commemorating the
50th Year Celebration and introduced several Fire Department personneL
c.
Diversitv Commission Introduction/Certificate
Councilmember Dovey introduced Diana Mamerto Holz as the newest member of the Diversity
Commission and presented Ms. Mamerto Holz with a certificate.
City Council Regular Meeting
April 20, 1999 - Page 2
d.
Economic Development Update
Economic Development Executive Debra Coates updated Council on various issues including
marketing strategies, International District design update, Sound Transit Design Charette and the
design of the brochure which will highlight amenities of the city.
e.
Tacoma Water Secondary Supplv Proiect Update
Park Plan and Design Manager Jon Jainga updated Council on the Tacoma Water second supply
pipeline project scheduled to begin in June. Mr. Jainga stated the pipeline will begin in Tacoma and
run along the BP A trail ITOm the Aquatic Center to I" Way South. As the project begins in Tacoma it
most-likely will not reach the Aquatic Center until August or September and therefore will cause no
interruption to the Olympic Synchronized Swimming Trials scheduled for June.
f
Emerging Issues
City Manager Kenneth Nyberg stated there would be no emerging issues report.
IV
CITIZEN COMMENT
Gilbert Levy, Attorney for Blue Video, asked Council to reconsider the sunset clause of the proposed
Adult Entertainment Activity or Uses Code Amendment Ordinance.
Walter H. Olsen Jr., Attorney for Angelo Usibelli, asked Council to reconsider the sunset clause of
the proposed Adult Entertainment Activity or Uses Code Amendment Ordinance.
V
CONSENT AGENDA
a.
b.
Minutes/April6 1999 Regular MeetinlJ
Council Bill #2 1 9/Adult Entertainment Activitv or Uses Code Amendment!
Enactment Ordinance -Tabled to 7/20/99
1999 Grant Applications for Transportation
Neighborhood Traffic Safetv ProiectlNautilus #2
Surface Water Management (SWM) Flatbed Dump Truck Purchase
c.
d.
e.
MOTION BY COUNCILMEMBER DOVEY TO APPROVE THE CONSENT AGENDA.
DEPUTY MAYOR PARK SECOND.
Councilmember Burbidge pulled Consent Item (b) - Council Bill #2l9/Adult Entertainment Activity
or Uses Code Amendment
City Council Regular Meeting
April 20, 1999 - Page 3
The motion to approve Consent Items (a), (c), (d), and (e) passed as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Consent Item (b) Council Bill # 2l9/Adult Entertainment Activitv or Uses Code Amendment:
MOTION BY COUNCILMEMBER BURBIDGE TO TABLE THE SECOND READING OF
COUNCIL BILL #219 UNTIL JULY 20,1999, AND DIRECT STAFF TO INVESTIGATE
AND REPORT TO COUNCIL ON OPTIONS FOR LOCATING ADULT
ENTERTAINMENT AND ADULT RETAIL USES IN BC OR OTHER ZONES INSTEAD OF
CITY CENTER AND FRAME ZONES. COUNCILMEMBER KOCHMAR SECOND. The
motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
VI.
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
PUBLIC HEARING
Indoor Billboard Inc. Appeal ofHearin!! Examiner Denial of Variance
Staff Report
Citizen Comment
City Council Deliberation
Mayor Gintz read into the record the process Council would follow regarding the Public Hearing on
Indoor Billboard's appeal of the Hearing Examiner denial of variance request Mayor Gintz opened
the Public Hearing at 7:50 PM called upon staff to make its opening presentation.
Senior Planner Marion Hess gave a brief presentation summarizing background information on the
application for variance and provided an area of detail. Mr. Hess stated the application was not
consistent with the City's Comprehensive Plan, zoning provisions and was not consistent with the
public health, safety, and welfare. Mr. Hess asked Council to affirm the Hearing Examiner's decision
to deny the request for variance.
Carolyn Lake, Attorney for Indoor Billboard Inc., stated the variance request is minimal and needed
in order for Indoor Billboard as the lot is undersized since changing zoning from MP to BP. Ms. Lake
stated Indoor Billboard is a warehouse facility and variance is necessary in order to allow for truck
turning radius and stated variance request would not be precedent setting as it should be considered
on its own merit
City Council Regular Meeting
April 20, 1999 - Page 4
Deputy City Attorney Bob Sterbank stated in the City's rebuttal that what is driving the request for
variance is the configuration of the proposed building which allows for lease space.
Mayor Gintz closed the Public Hearing at 8:47 PM and stated Council will take matter under
advisement to issue a decision at the next regular council meeting on May 4, 1999.
VII.
COUNCIL BUSINESS
Planning Commission Appointment (alternate appointment/resignation)
MOTION BY COUNCILMEMBER WATKINS TO APPOINT ALTERNATE EDWARD
SOULE AS PLANNING COMMISSIONER REPLACING R. DEAN GREENOUGH.
DEPUTY MAYOR PARK SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
VIII.
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
INTRODUCTION ORDINANCES
a.
Council Bill #220/Fire Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING CHAPTER 8 OF THE FEDERAL WAY CITY CODE AND ADOPTING THE 1997
UNIFORM FIRE CODE, (AMENDING ORDINANCE NOS. 90-33, 92-127 AND 92-143).
MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND
READING/ENACTMENT ON THE MAY 4,1999 COUNCIL MEETING.
COUNCILMEMBER GATES SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
b.
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Council Bill #22llNuisanceINoise Code Amendment & Vehicle Storage Code
Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING CHAPTER 22, FEDERAL WAY ZONING CODE, AND CHAPTER 10, FEDERAL WAY
NUISANCEINOISE CODE, OF THE FEDERAL WAY CITY CODE, ADOPTING SPECIFIC
AMENDMENTS AND ADDING NEW REGULATIONS FOR OUTDOOR VEHICLE STORAGE AND
City Council Regular Meeting
April 20, 1999 - Page 5
DEVELOPMENT ACTIVITY HOURS AND NOISE RELATED TO DEVELOPMENT ACTIVITY.
MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND
READING/ENACTMENT ON THE MAY 4, 1999 COUNCIL MEETING.
COUNCILMEMBER GATES SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
c.
Council Bill #222/New Civil Violations Chanter
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, CREATING A NEW CHAPTER 1.14, CIVIL VIOLATIONS OF THE CITY
CODE, RELATING TO ENFORCEMENT OF CERTAIN CITY CODES AND PROVIDING FOR
CIVIL PENALTIES FOR VIOLATION THEREOF.
MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND
READING/ENACTMENT ON THE MAY 4, 1999 COUNCIL MEETING.
COUNCILMEMBER GATES SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Ix.
CITY MANAGER REPORT
City Manager Kenneth Nyberg announced the appointment of Ken Miller as the new Deputy Public
Works Director. Mr. Nyberg stated the Federal Way School District Teachers will be conducting a
organized rally on April 22, 1999 along both-sides of 320th to protest teacher pay, and the next City
Manager Search Committee Meeting is scheduled for April 26, 1999.
x.
CITY COUNCIL REPORTS
Councilmember Watkins announced the next meeting of the Land Use/Transportation Committee
meeting is scheduled for May 3, 1999.
Councilmember Burbidge announced she attended a Suburban Cities Association Meeting with
Councilmember Kochmar and Deputy City Manager Keightley; and stated she would be attending
Youth Recognition Night at Dumas Bay on April 22, 1999.
Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional
Affairs Committee is scheduled for April 27, 1999 at 5:30 PM and updated Council and citizens on
various regional issues.
City Council Regular Meeting
April 2O, 1999 - Page 6
Councilmember Kochmar stated she hopes to have a report from the Airport Cities Coalition to
Council next month.
Deputy Mayor Park announced he attended a Mayors Conference sponsored by the League of
Women Voters on April 17, and announced an Arbor Day Celebration scheduled for April 21, 1999
at Steel Lake Park
XL
ADJOURNMENT
There being no further business before the Federal Way City Council, Mayor Gintz adjourned the
regular meeting at 9:10 PM