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HomeMy WebLinkAboutCouncil MINS 12-18-2001 Regular FEDERAL WAY CITY COUNCIL Council Chambers - City Hall December 18,2001 7:00 p.m. Regular Meeting Corrected Minutes (refer to Minutes of March 5, 2002) I. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of7:04 p.rn. Councilmembers present: Mayor Mike Park, Deputy Mayor Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Eric Faison, and Dean McColgan. Staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk Chris Green, and Deputy City Clerk Stephanie Courtney. II. PLEDGE OF ALLEGIANCE Council member Gates led the flag salute. DEPUTY MAYOR KOCHMAR MOVED TO ADD: POTENTIAL LITIGA TION/PURSUANT TO RCW 42.30.110(1)(i) TO TONIGHT'S EXECUTIVE SESSION AGENDA; COUNCILMEMBER HELLICKSON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes COUNCILMEMBER HELLICKSON MOVED TO ADD: LOCATION OF 2002 COUNCIL RETREAT TO TONIGHT'S AGENDA UNDER COUNCIL BUSINESS; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Faison yes yes Kochmar McColgan yes yes ORIGINAL Federal Way CiJy Council Regular Meeting Minutes December 18, 2001-Page 2 Gates Hellickson yes yes Park yes III. PRESENTATIONS a. Swearing-In Ceremony/New & Promoted Police Officers Chief Anne Kirkpatrick introduced the new recruits to Council. City Clerk Chris Green administered the oath of office to new officers Sean Gotcher, James Widick, Andrew Cohen, Kendrick Wong, Terry White, and Jason Ellis. Deputy Chief Brian Wilson presented Officer Terry White with a certificate from the United State's Attorney's Office for his efforts on a recent case. Chief Kirkpatrick also introduced the departments newest Commanders Kyle Sumpter and Steve Neil. b. Human Services Commission/Introduction & Certificate of Appointment Councilmember Burbidge introduced and presented Keri Newport with a certificate of appointment to fill the unexpired term through December 31, 2003. c. Planning Commission/Outgoing Commissioner Plaque Council member McColgan read the certificate of appreciation to outgoing Planning Commissioner Sophia McNeil for her efforts and time on the commission; Ms. McNeil was unable to attend tonight's meeting and her plaque will be forwarded to her. d. Planning Commission/Introductions & Certificates of Appointment Council member McColgan introduced and presented certificates of appointment to the new Planning Commissioner and alternate Commissioner appointments through September 30, 2005: Grant Newport, Christine Nelson (alternate), Marta Foldi (alternate), and Tony Moore (alternate). e. City Manager/Introduction of New Employees City Manager was pleased to announce the hiring of David Lee, the new Development Specialist for the Community Development Department and Ayad Shuaib who has been hired as a Public Works Engineering Technician/Surface Water Division. Federal Way City Council Regular Meeting Minutes December 18, 2001-Page 3 f Citv ManagerÆmerging Issues City Manager David Moseley announced there were no emerging issues. IV. CITIZEN COMMENT John Welch.; he read and distributed a copy of a letter to the editor supporting the upcoming school levy; he asked Council to review the letter and sign in support. Terri Kimball & Dawn D' Agostino, spoke to thank Council for the continued support of the Domestic Abuse Women's Network (DAWN) Confidential shelter. Dick Mavor, (written comments) asked the Council to hold the upcoming retreat in Federal Way. Patricia Owen, (written comments) who is opposed to the 356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation on tonight's Consent Agenda. Rov Parke, spoke in opposition to the 356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation on tonight's Consent Agenda. Charles Connon, spoke in opposition to the 356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation on tonight's Consent Agenda, asking why the Bellacarino Woods Development was receiving more attention. Bob Wilson, spoke in opposition to the 356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation on tonight's Consent Agenda, and asked Council to reconsider naming his property in this item. H. David KaDlan, spoke in support of holding this years Council retreat in Federal Way, but noted previous Council retreats that have been scheduled in the city were not well attended by citizens. V. CONSENT AGENDA a. b. MinutesIDecember 4.2001 Regular Meeting -Approved Council Bill #288/Code Amendment/Arts Commission Reduction in MembershiDlEnactment Ordinance -ApprO1'ed Ordinance #01-409 Federal Way City Council Regular Meeting Minutes December 18, 200l-Page 4 c. Council Bill #289/356th Street Regional Storm Water RetentionlDetention Facilitv Propertv Condemnation/Enactment Ordinance-Approved Ordinance #01-410 Mid-Biennium Review/2001002 Human Services Contracts-Approved 2002 Airport Communities Coalition (ACC) Interlocal Agreement- ApprOl'ed Allow Employees to Donate Vacation for Militarv Leave-Approved PCCI Janitorial Service Contract-Approved Silverwood Final Plat Approval/Resolution-Approved Resolution #01-354 Rosewood Final Plat Approval/Resolution-Approved Resolution #01-355 d. e. f g. h. 1. DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER FAISON SECOND. Council member Hellickson pulled Consent Item (c )/356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation, and Consent Item (e)/ 2002 Airport Communities Coalition (ACC) Interlocal Agreement. The motion to approve Consent Items (a), (b), (d), (f), (g), (h), and (i) passed as follows: Burbidge Faison Gates Hellickson Kochmar McColgan Park yes yes yes yes yes yes yes Consent Item (c )/356th Street Regional Storm Water RetentionlDetention Facility Property Condemnation: COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT ITEM (c )/356TH STREET REGIONAL STORM WATER RETENTIONillENTENTION FACILITY PROPERTY CONDEMNA nON; COUNCILMEMBER BURBIDGE SECOND. Council member Hellickson recused himself due to conflict of interest. City Manager David Moseley asked Public Works Director Cary Roe to update Council on this item. Mr. Roe briefly reviewed each of the main issues raised at the last Council meeting including status of negotiations with the Wilson's property, response to Mr. Connon's letter Federal Way City Council Regular Meeting Minutes Decemher 18, 2001-Page 5 requesting clarification with issues surrounding development of his property, and response to a letter from Ms. Owen, concerning flooding on her property. After further discussion, Deputy Mayor Kochmar asked City Manager David Moseley to review the process and discuss with the Land Use/Transportation Committee. The motion to approve Consent Item (c) passed as follows: Burbidge Faison Gates Hellickson yes yes yes recused Kochmar McColgan Park yes yes yes Consent Item (e)/ 2002 Airport Communities Coalition (ACC) Interlocal Agreement: COUNCILMEMBER HELLICKSON MOVED TO WITHDRAW FROM THE AIRPORT COMMUNITIES COALITION. Motion dies for lack of a second. DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF CONSENT ITEM (e)/2002 AIRORT COMMUNITIES COALITION (ACC) INTERLOCAL AGREEMENT AS PRESENTED; COUNCILMEMBER MCCOLGAN SECOND. The motion passed 6-1 as follows: Burbidge Faison Gates Hellickson yes yes yes no Kochmar McColgan Park yes yes yes VI. CITY COUNCIL BUSINESS a. Reschedule January I 2002 Regular Council Meeting COUNCILMEMBER GATES MOVE TO SUSPEND COUNCIL RULES AND RESCHEDULE THE JANUARY 1, 2002 REGULAR MEETING TO JANUARY 2, 2002 DUE TO THE NEW YEARS HOLmA Y; COUNCILMEMBER MCCOLGAN SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes December 18, 2001-Page 6 b. Municipal Judge Reappointment Mayor Park read into the record the procedures to be followed allowing a five minute report from the City Manager David Moseley, Judge David Tracy, and Domestic Violence Task Force Representative Lorraine Netherton. City Manager David Moseley gave a brief recommendation to the Council supporting his reappointment of Judge David Tracy, noting the Court has functioned well over the last year. Judge Tracy briefly responded to the issues that have been raised regarding his reappointment, and noted he has to follow the procedures and guidelines set forth. Domestic Violence Task Force Representative Lorraine Netherton spoke to the Task Forces concerns and submitted written documentation and audiotapes for Council's review Citizen Comment: Judge Judith R Eiler (written comments), spoke in support of the reappointment of Judge Tracy. Bill Murphy, spoke in support of the reappointment of Judge Tracy. Tonv Platter, spoke in support of the reappointment of Judge Tracy. Tim Jenkins, spoke in support of the reappointment of Judge Tracy. John Scholbe, (written comments) spoke in support of the reappointment ofJudge Tracy. Woody Leverette, spoke in support of the reappointment of Judge Tracy. Diana Zottman, spoke in support of the reappointment of Judge Tracy. Charles Delaurenti, spoke in support of the reappointment ofJudge Tracy. COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF THE REAPPOINTMENT OF JUDGE DAVID TRACY; COUNCILMEMBER FAISON SECOND. Councilmember McColgan withdraws the motion to allow for further discussion. Federal Way City Council Regular Meeting Minutes December 18, 2001-Page 7 COUNCILMEMBER HELLICKSON MOVES TO RECESS TO ALLOW THE COUNCIL TIME TO LISTEN TO THE AUDIO TAPES PROVIDED BY THE DOMESTIC VIOLENCE TASK FORCE. The motion dies for a lack ofa second. COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF THE REAPPOINTMENT OF JUDGE DAVID TRACY; COUNCILMEMBER BURBIDGE SECOND. The motion passed 6-1 as follows: Burbidge Faison Gates Hellickson yes yes yes no Kachmar McColgan Park yes yes yes c. Location of 2002 Council Retreat -ADDED ITEM COUNCILMEMBER HELLICKSON MOVED TO HOLD THE 2002 CITY COUNCIL RETREA T IN A FACILITY IN FEDERALW A Y; DEPUTY MAYOR KOCHMAR SECOND. The Council discussed the pros and cons of holding retreats locally or out of town. The motion passed 5-2 as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kachmar McColgan Park yes no no VII. INTRODUCTION ORDINANCES a. Council Bill #290/Code Revisions for Solid Waste & Recvcling AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. WASHINGTON, AMENDING ARTICLES I, II, III AND IV, CHAPTER 12 OF THE FEDERAL WAY CITY CODE, WHICH CHAPTER ESTABLISHES A UNIFORM SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE. INCLUDING GARBAGE, RECYCLABLES AND YARD DEBRIS. COUNCILMEMBER GATES MOVED COUNCIL BILL #290/CODE REVISIONS FOR SOLID WASTE & RECYCLING TO SECOND READING/ENACTMENT AT Federal Way CiJy Council Regular Meeting Minutes December 18, 2001-Page 8 THE NEXT REGULAR MEETING JANUARY 2ND; COUNCILMEMBER HELLICKSON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #29l/Extension of City Solid Waste Utility in Annexed Areas AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. WASHINGTON, GRANTING A FRANCHISE TO ALLIED WASTE INDUSTRIES, fNc. AKA RABANCO COMPANIES TO OPERATE IN CERTAIN ANNEXED AREAS, IN ACCORDANCE WITH RCW 35A.14.900. COUNCILMEMBER GATES MOVED COUNCIL BILL #291/EXTENSION OF CITY SOLID WASTE UTILITY IN ANNEXED AREAS TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING ON JANUARY 2ND; COUNCILMEMBER BURBIDGE SECOND. The motion passed as follow: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes c. Council Bill #292/Portion of Milton Road South Street Vacation AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY, WASHINGTON. VACATING A PORTION OF MILTON ROAD SOUTH. SOUTH OF ENCHANTED PARKWAY AND ON TIIE EASTERN BOUNDARY OF THE ENCHANTED PARKS PARKING LOT. COUNCILMEMBER MCCOLGAN MOVED COUNCIL BILL #292/PORTION OF MIL TION ROAD SOUTH STREET V ACA TION TO SECOND READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING JANUARY 2ND; COUNCILMEMBER FAISON SECOND. The motion passed as follows: Burbidge Faison yes yes Kachmar McColgan yes yes Federal W~ City Council Regular Meeting Minutes December 18, 2001-Page 9 Gates Hellickson yes yes Park yes VIII. CITY COUNCIL REPORTS COUNCILMEMBER GATES MOVED TO SUSPEND COUNCIL RULES TO ALLOW COUNCIL MEETING TO CONTINUE PAST 10:00 P.M.; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes Councilmember Gates announced Sound Transit would be including a holiday schedule for the Sounder. Councilmember Burbidge announced the next meeting of the ParkslRecreationlHuman Services/Public Safety Commission would be held January 4th at 12:00 noon. She wished everyone a "Happy Holiday", and spoke to thank all volunteers who have helped this year including city staff with the adopt a family program. Councilmember Hellickson thanked everyone who attended the benefit dinner and auction for the South King County Multi-Service Center, approximately $13,000 was raised Councilmember Faison had no report this evening. Council member McColgan announced the next meeting of the Land Use/Transportation Committee would be held January 7th at 5:30 p.m. He also extended a "Happy Holidays" to everyone. Deputy Mayor Kochmar reported on the King County Solid Waste plan that will be coming to the cities for review Mayor Park announced the next Economic Development Committee would be meeting December 19th at 8:00 a.m. He extended "Happy Holidays" to all, and noted it has been a great honor to serve as Mayor for the past two years. Federal Way City Council Regular Meeting Minutes December 18, 2001-Page 10 Ix. CITY MANAGER REPORT City Mana~er David Moseley announced the 2002 City Council Retreat would be held on January lit and lih at a location to be determined in Federal Way. He also announced the State Re-Districting has been completed, where all of Federal Way including the Potential Annexation Area is in the 30th District. Mr. Moseley noted last week the Management Services Department implemented an on- line business renewal pilot program in corporation with the state and city of SeaTac where you can renew your business license including payment on-line. The Parks, Recreation, and Cultural Services also offer on-line registration for classes. City Manager David Moseley reported on the installation of a new Heritage Woods play structure; he thanked all involved. Mr. Moseley was please to recognize City Attorney Bob Sterbank, who was recently featured as a "rising star" in a national legal magazine. He wished everyone a "Happy Holiday" and thanked staff for their participation in the adopt-a-family program that assists families in need in the community. City Manager David Moseley further reminded Council of the need for an executive session for the purposes of discussing Review Performance of a Public Employee/Pursuant to RCW 42.30.11 O(1)(g); Collective BargainingfPursuant to RCW 42.30.140(4)(a); and Potential LitigationIPursuant to RCW 42.30.11 O(1)(i); for approximately forty-five minutes with action anticipated. X. EXECUTIVE SESSION At 10:00 p.m. Mayor Park announced the Council would be recessing to executive session for the purposes of discussing Review Performance of a Public Employee/Pursuant to RCW 42.30.110(1)(g); Collective BargainingfPursuant to RCW 42.30.140(4)(a); and Potential LitigationIPursuant to RCW 42.30.11O(1)(i) for approximately forty-five minutes. After a brief extension, Council returned to Chambers at II :03 p.m. a. Review Performance of a Public Employee/Pursuant to RCW 42.30.110n)(g) Collective BargainingfPursuant to RCW 42.30.140(4)(a) Potential LitigationlPursuant to RCW 42.30.110n)(i) - ADDED ITEM b. c. Federal Way City Council Regular Meeting Minutes December 18, 2001-Page 11 MeA. YOR P:\RK MOVED TO DIRECT THE CITY ,\ TTORcl\JEY TO AMEND THE CITY Me\N:\CER EMPLOYMENT ,\CREEMENT TO ,\LLOW FOR f.N ANNU,A.L INCREf.SE EQUAL TO THE COST OF LIVINC OR COST OF Mf.RKET INCREf.SE OF TIIREE ¡\ND ONE IL\LF PERCENT (3.S%) CIVEN TO REPRENTED EMPLOYEES OF THE CITY, f.ND THEREf.FTER THE CITY l\L\Nf.CER SHALL RECEIVE ,\N f.NNUf.L INCREf.SE EQUf.L TO THE COST OF LIVINC OR COST OF M,\RKET INCRE,\SE ClVEN TO CENER\L EMPLOYEES OF THE CITY; PROVIDED, HOWEVER, THf.T THE 1999 Bf.SE S,\Lf.RY DESCRIBED IN SECTION 3 HEREIN INCLUDES TIlE 1999 TWO ,'.ND ONE IL\LF PERCENT (2.S~/.) COST OF Mf.R.TŒT ADJUSTMENT f.PPROVED BY TIlE CITY COUNCIL FOR 1999. THE CITY ,\ND THE CITY Mf.Nf.CER l".CREE THAT THE CITY I\LA.N,\CER'S R\SE SI-.LA.RY I\L\Y BE REVIEWED FOR PURPOSES OF POSSffiLE f.DJU8TMENT PERIODICf.LL Y, ,\8 DETERMINED BY COUNCIL; COUNCILMEMBER HELLICKSON SECOND. Mayor Park announced Council will increase the City Manager's base salary by 3.5% which is the cost of of living adiustment and will also award the full 8.48% performance payment. City Attorney Sterbank reminded Council the motion should direct staff to amend the City Manager's contract. MAYOR PARK MOVED APPROVAL TO INCREASE THE CITY MANAGER'S BASE SALARY BY 3.5%: AWARD 8.48% PERFORMANCE PAY; AND TO DIRECT CITY STAFF TO AMEND THE CITY MANAGER'S CONTRACT; COUNCILMEMBER HELLICKSON SECOND. The motion passed as follows: Burbidge Faison Gates Hellickson yes yes yes yes Kochmar McColgan Park yes yes yes XI. ADJOURNMENT There being no further business to come before the Federal Way City Council, Mayor Park adjourned the regular meeting at 11 :08 p.m. Stephanie D. Courtney Deputy City Clerk