COUNCIL MINS 11-18-2003
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
November 18, 2003 – 7:00 p.m.
Minutes
I. CALL MEETING TO ORDER
Mayor Burbidge called the regular meeting of the Federal Way City Council to order at the
hour of 7:05 p.m.
Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan,
Councilmembers Jack Dovey, Eric Faison, Mary Gates, Linda Kochmar, and Mike Park.
Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk
Chris Green.
II. PLEDGE OF ALLEGIANCE
Councilmember Dovey led the flag salute.
III. PRESENTATIONS
a. Introduction of New Employees/City Manager
City Manager David Moseley announced there were no new employees to introduce
tonight.
b. Emerging Issues/City Manager
City Manager David Moseley noted there were no emerging issues to discuss tonight.
IV. CITIZEN COMMENT
Joann Piquette, encouraged all to attend Federal Way Coalition of the Performing Arts
concert this Sunday.
Bob Hitchcock, thanked the Council for the Tourism Grant awarded to Federal Way
Festival Days; and thanked the City Manager and staff for such a successful year last year.
Debbie Kaufman, thanked the Council for retaining the Federal Way Mirror as the official
paper of record.
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November 18, 2003 Page2 of 11
V. CONSENT AGENDA
a. Minutes/November 4, 2003 Regular Meeting; and Special Meetings/Public
Hearings on October 22 and 27, 2003 -Approved
b. Council Bill #334/2004 Property Tax Levy – Enactment Ordinance-
Approved Ordinance #03-454
c. Official Newspaper-Approved
d. Tourism Grant Awards-Approved
e. Benton County Jail Interlocal Agreement Addendum-Approved separately
f. City/Federal Way School District Interlocal Agreement Amendment/School
Resource Officers-Approved
g. 2003-2004 Youth Commission Work Plan-Approved
h. State Grant Acceptance/West Hylebos Boardwalk Replacement-Approved
i. State Grant Acceptance/Historical Cabins Project -Approved
j. Mid-Biennium Review of 2003-2004 Human Services Contracts-Approved
k. Interlocal Agreement/Regional Affordable Housing Program (RAHP) -
Approved
COUNCILMEMBER DOVEY MOVED APPROVAL OF THE CONSENT
AGENDA AS PRESENTED; COUNCILMEMBER GATES SECOND.
Councilmember Kochmar pulled Consent Item (e)/Benton County Jail Interlocal
Agreement Addendum.
The main motion to approve Consent Agenda items (a), (b), (c), (d), (f), (g), (h), (i), (j), and
(k) passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
Item (e)/Benton County Jail Interlocal Agreement Addendum:
Councilmember Kochmar noted representatives from Benton County contacted the cit y,
and told staff that Benton County could not agree to extend the contract until December 31,
2006 while continuing to charge the same rate per bed. Benton County is, however willing
to continue the same rate per bed through December 31, 2004.
COUNCILMEMBER KOCHMAR MOVED APPROVAL AN AMENDMENT TO
THE BENTON COUNTY INTERLOCAL AGREEMENT FOR JAIL SERVICES
TO EXTEND THE TERM THROUGH DECEMBER 31, 2004; AND AUTHORIZE
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November 18, 2003 Page 3 of 11
THE CITY MANAGER TO EXECUTE SUCH AMENDMENT; DEPUTY MAYOR
MCCOLGAN SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
VI. PUBLIC HEARINGS
a. Mid-Biennium Budget Adjustment
(required hearing/pursuant to RCW 35A.34)
Mayor Burbidge read into the record the procedures to be followed for the Mid-Biennium
Budget Adjustment Public Hearing and opened the hearing at 7:17 p.m.
• Staff Report
Management Services Director Iwen Wang gave a brief presentation to Council outlining
the budget adjustment.
• Citizen Comment
Karolin Loendorf, a new resident of Federal Way, spoke on a variety of subjects, and
offered her assistance wherever it could be needed.
• City Council Discussion
Council encouraged all citizens to shop in Federal Way for the upcoming holiday season!
Hearing no further comments, Mayor Burbidge closed the public hearing at 7:40 p.m.
b. Assessment Roll for Steel Lake Management District No. 1
Mayor Burbidge read into the record the procedures to be followed and opened the
Assessment Roll for Steel Lake Management District No.1 Public Hearing at 7:40 p.m.
• Staff Report
Public Works Department ESA/NPDES Coordinator Leslie Ryan-Connelly made a brief
presentation to Council.
• Citizen Comment
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November 18, 2003 Page 4 of 11
There was no public comment.
• City Council Discussion
• Approval/Confirmation of Assessment – Resolution #03-454
COUNCILMEMBER GATES MOVED TO APPROVE AND CONFIRM THE
SPECIAL ASSESSMENT ROLL FOR LAKE MANAGEMENT DISTRICT NO. 1
FOR STEEL LAKE, AS REFLECTED IN EXHIBIT A TO THE RESOLUTION
APPROVING AND CONFIRMING THE SPECIAL ASSESSMENT ROLL;
COUNCILMEMBER DOVEY SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
Hearing no further comment, Mayor Burbidge closed the public hearing at 7:46 p.m.
c. 2003 Comprehensive Plan Amendments Selection Process
Mayor Burbidge read into record the procedures to be followed for the 2003
Comprehensive Plan Amendments selection process public hearing, and opened the hearing
at 7:48 p.m.
• Staff Report
Federal Way’s Planning Consultant Janet Shull made a brief presentation to Council
outlining the five site specific requests as follows:
Site Specific Request #1/Trimble- a text amendment to change the comprehensive plan
designation and zoning from Single Family Low Density and Suburban Estates to Single
Family Medium Density.
Site Specific Request #2/Velasco- a text amendment to change the comprehensive plan
designation and zoning from Single Family High Density Residential to Neighborhood
Business.
Site Specific Request #3/Lee- a text amendment to change the comprehensive plan
designation and zoning from Single Family Medium Density to Single Family High
Density.
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November 18, 2003 Page 5 of 11
Site Specific Request #4/Kirk/Nelson- a text amendment to change the comprehensive plan
designation and zoning from Single Family High Density to Multiple Family; and
Site Specific Request #5 – a text amendment to change the 2003-2020 Regional Capital
Improvement Plan (CIP) by deleting the planned extension to Weyerhaeuser Way South,
north of South 320th Street.
• Citizen Comment
Doran Reano, spoke in opposition to Site Specific Request #1.
Nicolas Sutton, spoke in opposition to Site Specific Request #1.
Cheri Eir, spoke in opposition of Site Specific Request #1.
Denny Holt, spoke on behalf of the owners, asked for further study of Site Specific Request
#4.
David Sommerville, spoke in opposition to Site Specific Request #1.
Wally Costello, spoke in favor of Site Specific Request #5.
William and Victoria Goodman (comments read into the record by City Clerk) asked for
many questions to be answered before the approval of Site Specific Request #3.
Alan and Suzy Akana (comments read into the record by City Clerk) noted opposition to
Site Specific Request #2.
Charles Byrne – spoke in opposition to Site Specific Request #1.
David Thorstad, spoke in support of Site Specific Request #4.
Pam Tollefsen, spoke in support of the staff decision to recommend no change to Site
Specific Request #4.
• City Council Discussion
Council discussed each request with staff.
Councilmember Gates asked to include bicycle lanes in Request #5; Mr. Costello noted an
amendment would be included to add the bicycle lanes.
• Action
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COUNCILMEMBER FAISON MOVED TO NOT FORWARD SITE SPECIFIC
REQUEST #1 FOR FURTHER STUDY; DEPUTY MAYOR MCCOLGAN
SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
COUNCILMEMBER FAISON MOVED TO NOT FORWARD SITE SPECIFIC
REQUEST #2 FOR FURTHER STUDY; DEPUTY MAYOR MCCOLGAN
SECOND. The motion passed as follows:
Burbidge yes Kochmar no
Dovey no McColgan yes
Faison yes Park no
Gates yes
COUNCILMEMBER FAISON MOVED TO NOT FORWARD SITE SPECIFIC
REQUEST #3 FOR FURTHER STUDY; DEPUTY MAYOR MCCOLGAN
SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
COUNCILMEMBER FAISON MOVED TO NOT FORWARD SITE SPECIFIC
REQUEST #4 FOR FURTHER STUDY; COUNCILMEMBER PARK SECOND.
The motion passed as follows:
Burbidge yes Kochmar no
Dovey no McColgan yes
Faison yes Park yes
Gates yes
COUNCILMEMBER FAISON MOVED TO FORWARD SITE SPECIFIC
REQUEST #5 FOR FURTHER CONSIDERATION BASED ON THE FOLLOWING
CONDITIONS: (1) THE QUADRANT CORPORATION SHALL CONDUCT A
TRANSPORTATION IMPACT ANALYSIS THAT WOULD SHOW THAT BY
ITSELF, CONSTRUCTION OF 32ND AVENUE SOUTH (WHICH BORDERS THE
SITE ON THE WEST), FROM SOUTH 320TH NORTHWARDS WOULD
ELIMINATE THE NEED FOR CONSTRUCTION OF THE WEYERHAEUSER
WAY SOUTH EXTENSION WITH NO ADDED SYSTEM DELAYS; AND (2) THIS
ANALYSIS SHALL BE SUBMITTED NO LATER THAN DECEMBER 31, 2003 IN
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ORDER NOT TO DELAY THE 2003 COMPREHENSIVE PLAN AMENDMENT
PROCESS; COUNCILMEMBER DOVEY SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
There being no further discussion, Mayor Burbidge closed the public hearing at 9:17 p.m.
VII. CITY COUNCIL BUSINESS
a. Acceptance of Preliminary Design for Community Center - Resolution-
Approved Resolution #03-402
COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED
RESULTION ACCEPTING THE PRELIMINARY DESIGN OF THE
COMMUNITY CENTER AND DIRECTING PROJECT TO PROCEED TO FINAL
DESIGN; DEPUTY MAYOR MCCOLAN SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
b. Waiving Section 7B of Purchasing Policies for New City Hall Project –
Resolution-Approved Resolution #03-403
COUNCILMEMBER PARK MOVED ADOPTION OF THE RESOLUTION
WAIVING SECTION 7(B) OF THE PURCHASING POLICIES FOR THE CITY
HALL PROJECT; COUNCILMEMBER DOVEY SECOND. The motion passed as
follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
c. Approval of Findings & Conclusions of Law on Sound Transit Facility –
Resolution – Approved Resolution #03-404
Councilmember Gates recused herself on this item, and left Council Chambers.
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Councilmember Faison noted he is amending the resolution to add the words “staff report”
to Section 1 (g) of the proposed Resolution denying the appeal of the Hearing Examiner
Decision File #03-05.
COUNCILMEMBER FAISON MOVED APPROVAL OF THE PROPOSED
RESOLUTION DENYING THE APPEAL OF THE HEARING EXAMINER
DECISION FILE #03-05, AS AMENDED, APPROVING THE CENTRAL PUGET
SOUND REGIONAL TRASIT AUTHORITY PROCESS IV APPLICATION TO
SITE A CLASS I ESSENTIAL PUBLIC FACILITY WITHIN THE CITY OF
FEDERAL WAY; COUNCILMEMBER PARK SECOND. The motion passed 5-1 as
follows:
Burbidge yes Kochmar no
Dovey yes McColgan yes
Faison yes Park yes
Gates recused
Councilmember Gates returned to Chambers.
VIII. INTRODUCTION ORDINANCES
a. Council Bill #335/Mid-Biennium Budget Adjustment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2003-04
BIENNIAL BUDGET (AMENDS ORDINANCE NOS. 02-434 AND 03-441).
COUNCILMEMBER PARK MOVED COUNCIL BILL #335/MID-BIENNIUM
BUDGET ADJUSTMENT TO SECOND READING/ADOPTION AT THE NEXT
REGULAR MEETING ON DECEMBER 2, 2003; COUNCILMEMBER GATES
SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
b. Council Bill #336/Impound of Vehicles Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING ARTICLE VIII, CHAPTER 15 OF THE FEDERAL WAY
CITY CODE—IMPOUNDMENT OF VEHICLES DRIVEN BY SUSPENDED/
REVOKED DRIVERS (AMENDING ORDINANCE NO. 01-393).
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November 18, 2003 Page 9 of 11
COUNCILMEMBER KOCHMAR MOVED COUNCIL BILL#336/IMPOUND OF
VEHICLES CODE AMENDMENT TO SECOND READING/ADOPTION AT THE
NEXT REGULAR MEETING ON DECEMBER 2, 2003; COUNCILMEMBER
GATES SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
IX. CITY COUNCIL REPORTS
Councilmember Gates reported she would be attending the Transportation Improvement
Board meeting where many important items effecting Federal Way, will be discussed. She
noted she would be attending the ribbon cutting ceremony for Phase I on Thursday
morning, and would be attending the Sound Transit Audit Committee on the 19th. She also
thanked Kathy McClung and her staff on working to get Metropolitan Markets to Federal
Way.
Councilmember Kochmar also thanked staff for their work on Metropolitan Market, which
will be located in the Dash Point Road/312th Street area. She encouraged everyone to attend
the Multi Service Center’s fundraiser, and reported on various holiday events in the
community.
Councilmember Park announced the next meeting of the Finance/Economic
Development/Regional Affairs Committee would be held November 25th at 4:00 p.m. in the
Mt. Baker Conference Room.
Councilmember Dovey reported on his attendance at the ribbon cutting ceremony for the
Karl Grosch field. He noted over a hundred in attendance, and thanked the Committees and
Commissions who worked on this project.
Councilmember Faison reported on his attendance at a meeting with the Redondo Heights
neighborhoods. He noted there were many in favor of the annexation and many businesses
concerned over the city’s sign code. He reported this item would soon come to the Land
Use/Transportation Committee for further discussion. He also stated there was interest
form the Applewood neighborhood in holding an informational meeting. He announced the
next meeting of the Land Use/Transportation Committee would be held December 1st at
5:30 p.m.
Deputy Mayor McColgan reported on the Tourism Enhancement Grants, which were
recently awarded. He noted the grants are distributed to organizations that bring events to
the city, which promotes tourism. He encouraged anyone with such an event to apply for
next years grant next spring.
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Mayor Burbidge reported on her attendance at the South County Area Transportation
Board meeting, where they will be discussing the Tri-Angle study, and noted she will be
attending the Reinvesting in Youth meeting. She noted the ribbon cutting ceremony for the
Phase I will be Thursday, November 20th; and the SeaTac Mall, soon to be re-named will
be hosting a re-development ceremony. She further reported on various community events
in the performing arts, including holiday performances.
X. CITY MANAGER REPORT
City Manager David Moseley reported the permits have been issued to Metropolitan
Market, a greatly welcomed new business coming to the Dash Point and 312th Street area.
He thanked Kathy McClung, Greg Fewins, and Deb Barker on their hard work on this
project.
He reported that Advancing Leadership program would be at City Hall on Thursday for a
government day; he welcomed all participants.
Mr. Moseley announced the United Way campaign has wrapped up, and he was pleased to
note co-chairs Kath y McClung and Patrick Briggs were awarded 2002-2003 Outstanding
Campaign Emplo yee Award by the King County United Way. He reminded Council, this
years campaign set a record for donations, and thanked all staff that participated and
donated to the campaign.
City Manager David Moseley noted the holiday lights are going up in the downtown core
along 320th and Hwy 99; the lights should all be up prior to the tree lighting ceremony on
December 6th.
Mr. Moseley recognized Community Development Departments Scott Sproul who has been
taking classes, and recently passed the Plans Examiners Certification. He also reported
Deputy City Clerk Stephanie Courtney has received certification as a Certified Municipal
Clerk after three years of studies. He congratulated both staff members and noted his
appreciation to them in working beyond the dail y work hours to better themselves and the
job they do for the city.
He added that man y cities are experiencing flooding due to the amounts of rain the region
has received in the last few days. He reported Surface Water Manager Paul Bucich reported
an increase in the Hylebos, but added it hasn’t affected an y homes or roadways at this
point. He thanked the SWM division for all their hard work.
City Manager David Moseley reported the city would be requesting a $4.6 million dollar
grant from the State Transportation Improvement Board for Hwy 99 Phase III project. That
amount would cover approximately 60% of the funds needed.
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Mr. Moseley further reminded Council for the need for an executive session for the purpose
of discussing Potential Litigation/Pursuant to RCW 42.30.110(1)(i); for approximately
twenty minutes, with no action anticipated.
COUNCILMEMBER GATES MOVED TO SUSPEND COUNCIL RULES OF
PROCEDURE TO ALLOW THE COUNCIL MEETING TO CONTINUE PAST
THE HOUR OF 10:00 P.M.; COUNCILMEMBER DOVEY SECOND. The motion
passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Gates yes
At 9:55 p.m. Mayor Burbidge announced the Council would be recessing into Executive
Session for the purposed of discussing Potential Litigation/Pursuant to RCW
42.30.110(1)(i) for approximately twenty minutes with no action anticipated.
XI. EXECUTIVE SESSION
Potential Litigation/Pursuant to RCW 42.30.110(1)(i)
Council returned to Chambers at 10:10 p.m.
XII. ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor
Burbidge adjourned the regular meeting at 10:10 p.m.
_______________________________
Stephanie Courtney, CMC
Deputy City Clerk