Council MINS 12-18-2001
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
December 18, 2001 7:00 p.m.
Regular Meeting
Minutes
I. CALL MEETING TO ORDER
Mayor Park called the regular meeting of the Federal Way City Council to order at the hour
of 7:04 p.m.
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
Councilmember Gates led the flag salute.
DEPUTY MAYOR KOCHMAR MOVED TO ADD: POTENTIAL
LITIGATION/PURSUANT TO RCW 42.30.110(1)(i) TO TONIGHT’S EXECUTIVE
SESSION AGENDA; COUNCILMEMBER HELLICKSON SECOND. The motion
passed as follows:
Burbidge yes Kochmar yes
Faison yes McColgan yes
Gates yes Park yes
Hellickson 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 yes Kochmar yes
Faison yes McColgan yes
Federal Way City Council Regular Meeting Minutes
December 18, 2001 – Page 2
Gates yes Park yes
Hellickson 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
Councilmember 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
Councilmember 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. City Manager/Emerging 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 Mayor, (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 Retention/Detention Facility Property Condemnation on tonight’s Consent Agenda.
Roy Parke, spoke in opposition to the 356th Street Regional Storm Water
Retention/Detention Facility Property Condemnation on tonight’s Consent Agenda.
Charles Connon, spoke in opposition to the 356th Street Regional Storm Water
Retention/Detention 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
Retention/Detention Facility Property Condemnation on tonight’s Consent Agenda, and
asked Council to reconsider naming his property in this item.
H. David Kaplan, 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. Minutes/December 4, 2001 Regular Meeting -Approved
b. Council Bill #288/Code Amendment/Arts Commission Reduction in
Membership/Enactment Ordinance –Approved Ordinance #01-409
Federal Way City Council Regular Meeting Minutes
December 18, 2001 – Page 4
c. Council Bill #289/356th Street Regional Storm Water Retention/Detention
Facility Property Condemnation/Enactment Ordinance-Approved
Ordinance #01-410
d. Mid-Biennium Review/2001002 Human Services Contracts-Approved
e. 2002 Airport Communities Coalition (ACC) Interlocal Agreement-
Approved
f. Allow Employees to Donate Vacation for Military Leave-Approved
g. PCCI Janitorial Service Contract-Approved
h. Silverwood Final Plat Approval/Resolution-Approved Resolution #01-354
i. Rosewood Final Plat Approval/Resolution-Approved Resolution #01-355
DEPUTY MAYOR KOCHMAR MOVED APPROVAL OF THE CONSENT
AGENDA AS PRESENTED; COUNCILMEMBER FAISON SECOND.
Councilmember Hellickson pulled Consent Item (c )/356th Street Regional Storm Water
Retention/Detention 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 yes Kochmar yes
Faison yes McColgan yes
Gates yes Park yes
Hellickson yes
Consent Item (c )/356th Street Regional Storm Water Retention/Detention Facility Property
Condemnation:
COUNCILMEMBER FAISON MOVED APPROVAL OF CONSENT ITEM (c
)/356TH STREET REGIONAL STORM WATER RETENTION/DENTENTION
FACILITY PROPERTY CONDEMNATION; COUNCILMEMBER BURBIDGE
SECOND.
Councilmember 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
December 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 yes Kochmar yes
Faison yes McColgan yes
Gates yes Park yes
Hellickson recused
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 yes Kochmar yes
Faison yes McColgan yes
Gates yes Park yes
Hellickson no
VI. CITY COUNCIL BUSINESS
a. Reschedule January 1, 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 HOLIDAY; COUNCILMEMBER MCCOLGAN
SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Faison yes McColgan yes
Gates yes Park yes
Hellickson 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.
Tony 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 of Judge 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 of Judge 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 of a second.
COUNCILMEMBER MCCOLGAN MOVED APPROVAL OF THE
REAPPOINTMENT OF JUDGE DAVID TRACY; COUNCILMEMBER
BURBIDGE SECOND. The motion passed 6-1 as follows:
Burbidge yes Kochmar yes
Faison yes McColgan yes
Gates yes Park yes
Hellickson no
c. Location of 2002 Council Retreat –ADDED ITEM
COUNCILMEMBER HELLICKSON MOVED TO HOLD THE 2002 CITY
COUNCIL RETREAT IN A FACILITY IN FEDERALWAY; 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 yes Kochmar yes
Faison yes McColgan no
Gates yes Park no
Hellickson yes
VII. INTRODUCTION ORDINANCES
a. Council Bill #290/Code Revisions for Solid Waste & Recycling
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 City Council Regular Meeting Minutes
December 18, 2001 – Page 8
THE NEXT REGULAR MEETING JANUARY 2ND; COUNCILMEMBER
HELLICKSON SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Faison yes McColgan yes
Gates yes Park yes
Hellickson yes
b. Council Bill #291/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,
INC., 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 yes Kochmar yes
Faison yes McColgan yes
Gates yes Park yes
Hellickson yes
c. Council Bill #292/Portion of Milton Road South Street Vacation
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, VACATING A PORTION OF MILTON ROAD SOUTH, SOUTH OF
ENCHANTED PARKWAY AND ON THE EASTERN BOUNDARY OF THE
ENCHANTED PARKS PARKING LOT.
COUNCILMEMBER MCCOLGAN MOVED COUNCIL BILL #292/PORTION OF
MILTION ROAD SOUTH STREET VACATION TO SECOND
READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING
JANUARY 2ND; COUNCILMEMBER FAISON SECOND. The motion passed as
follows:
Burbidge yes Kochmar yes
Faison yes McColgan yes
Federal Way City Council Regular Meeting Minutes
December 18, 2001 – Page 9
Gates yes Park yes
Hellickson 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 yes Kochmar yes
Faison yes McColgan yes
Gates yes Park yes
Hellickson yes
Councilmember Gates announced Sound Transit would be including a holiday schedule for
the Sounder.
Councilmember Burbidge announced the next meeting of the Parks/Recreation/Human
Services/Public Safet y 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.
Councilmember 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 Manager David Moseley announced the 2002 City Council Retreat would be held on
January 11th and 12th 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 42.30.110(1)(g); Collective Bargaining/Pursuant to RCW 42.30.140(4)(a); and
Potential Litigation/Pursuant to RCW 42.30.110(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 Bargaining/Pursuant to RCW 42.30.140(4)(a); and
Potential Litigation/Pursuant to RCW 42.30.110(1)(i) for approximately forty-five minutes.
After a brief extension, Council returned to Chambers at 11:03 p.m.
a. Review Performance of a Public Employee/Pursuant to RCW
42.30.110(1)(g)
b. Collective Bargaining/Pursuant to RCW 42.30.140(4)(a)
c. Potential Litigation/Pursuant to RCW 42.30.110(1)(i) – ADDED ITEM
Federal Way City Council Regular Meeting Minutes
December 18, 2001 – Page 11
MAYOR PARK MOVED TO DIRECT THE CITY ATTORNEY TO AMEND THE
CITY MANAGER EMPLOYMENT AGREEMENT TO ALLOW FOR AN
ANNUAL INCREASE EQUAL TO THE COST-OF-LIVING OR COST-OF-
MARKET INCREASE OF THREE AND ONE-HALF PERCENT (3.5%) GIVEN TO
REPRENTED EMPLOYEES OF THE CITY, AND THEREAFTER THE CITY
MANAGER SHALL RECEIVE AN ANNUAL INCREASE EQUAL TO THE COST-
OF-LIVING OR COST-OF-MARKET INCREASE GIVEN TO GENERAL
EMPLOYEES OF THE CITY; PROVIDED, HOWEVER, THAT THE 1999 BASE
SALARY DESCRIBED IN SECTION 3 HEREIN INCLUDES THE 1999 TWO AND
ONE-HALF PERCENT (2.5%) COST-OF-MARKET ADJUSTMENT APPROVED
BY THE CITY COUNCIL FOR 1999. THE CITY AND THE CITY MANAGER
AGREE THAT THE CITY MANAGER’S BASE SALARY MAY BE REVIEWED
FOR PURPOSES OF POSSIBLE ADJUSTMENT PERIODICALLY, AS
DETERMINED BY COUNCIL; COUNCILMEMBER HELLICKSON SECOND.
The motion passed as follows:
Burbidge yes Kochmar yes
Faison yes McColgan yes
Gates yes Park yes
Hellickson 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