Council MIN 01-20-2004 RegularFEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
January 20, 2004 – 7:00 p.m.
Regular Meeting
Minutes
I. CALL MEETING TO ORDER
Mayor McColgan called the regular meeting of the Federal Way City Council to order at
the hour of 7:00 p.m.
Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar,
Councilmembers Jeanne Burbidge, Jack Dovey, Eric Faison, Jim Ferrell, and Mike Park.
Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk
Chris Green.
II. PLEDGE OF ALLEGIANCE
Mayor McColgan asked Josh from Troop #398 to lead the flag salute.
III. PRESENTATIONS
a. Introduction of New Employees/City Manager
City Manager David Moseley announced there were no new employees to introduce.
b. Emerging Issues/City Manager
City Manager David Moseley announced there were no emerging issues to discuss tonight.
IV. CITIZEN COMMENT
Dave Larson, spoke to Council in opposition to the Sound Transit – Transit Oriented
Development (TOD) on tonight’s agenda, and distributed written documents to Council for
their review.
Robert Hitchcock, spoke on behalf of the Federal Way Chamber of Commerce, he noted
the Chamber is not supportive of the current project, however would like to work with both
the city and the business owners in developing new options.
Federal Way City Council Regular Meeting Minutes
January 20, 2004 – Page 2 of 8
Marie Adair, spoke in opposition to the Federal Way Transit Center.
Joni Earl, spoke in support of the Federal Way Transit Center.
Audrey Germanis, spoke in support of schools and the upcoming school levy on February
3rd.
Ed Barney, spoke on behalf of the school board, he noted the Federal Way Transit Center
site has not yet been settle with the school district in regards to the Truman High School
property.
Ron Walker, wished to thank everyone involved in the Martin Luther King Jr. Celebration
and recognized the following businesses and individuals for their leading support:
Weyerhaeuser Company Foundation, Federal Way School District/Decatur High School,
Federal Way Mirror, King County Councilmember Pete von Reichbauer, Federal Way
Chamber Education Foundation, Home Street Bank, Northwest Church, Smilson
Productions, Cisco Insurance Agency, LLC, Fire & Ice Dancers, Tony & Trise Moore
Scholarship Fund, Ed G. Norris, Steven Ames, Senor Taco of Federal Way, Café Pacific
Catering, Set Free Studios.
Dan Casey, spoke in opposition to the Federal Way Transit Center, and asked Council to
stop and rethink the proposal before them.
Mike McLeod, asked the City Council to have the City Manager recuse himself from
signing any documents related to Sound Transit, and to have the Director of Planning sign.
Sheryl Nevers, spoke in opposition to the Federal Way Transit Center and the Transit
Oriented Development (TOD).
Kathy Neilsen, spoke in opposition to the Federal Way Transit Center due to increased
traffic in her neighborhood of Chelsea Court.
Ron Gintz, (comments read into the record by the City Clerk), urged the Chamber of
Commerce to support Sound Transit’s efforts to build this facility on time and within
budget.
Melony Bittinger, spoke in opposition to the Federal Way Transit Center due to increased
traffic in her neighborhood of Chelsea Court.
Richard Keltner, spoke in support of the Oversized Vehicle Ordinance on tonight’s agenda.
Donna Welch, Chair of the Arts Commission thanked the Council for allowing her to sit in
on tonight’s interviews for the Commission, and thanked the applicants who applied.
Federal Way City Council Regular Meeting Minutes
January 20, 2004 – Page 3 of 8
Jean Atwell, spoke in support of the oversized vehicle ordinance, and noted this wasn’t a
new ordinance, just a clarification of current rules.
Lana Bostic, Arts Commissioner, spoke to thank Council for their ongoing support of the
Commission.
John Dallen, spoke in concern over the traffic studies, and asked the current status of the
Christian Faith Center project.
H. David Kaplan, spoke in support of the Lakota Creek wetlands on tonight’s agenda, and
in review of the recent Council retreat.
V. CONSENT AGENDA
a. Minutes/January 7, 2004 Regular Meeting -Approved
b. 2004 Arts Commission Work Plan-Approved
c. King County Development Disabilities Grant-Approved
d. Cultural Development Authority of King County Arts Contract-Approved
e. 2004 Parks Commission Work Plan-Approved
f. Dumas Bay Centre/Knutzen Family Theatre Janitorial Services-Approved
g. 14th Ave So at So 312th St Traffic Signal Project/Award of Bid-Approved
h. 51st Ave SW Storm Drain Improvements/Award of Bid-Approved
i. Lakota Wetlands Regional Stormwater Facility/85% Design Approval-
Approved
j. East Branch Lakota Creek Restoration Project/30% Design Approval-
Approved
k. Memorandum of Agreement for Marine Shoreline Inventory-Approved
COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA
AS PRESENTED; COUNCILMEMBER DOVEY SECOND. The motion passed as
followed:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Ferrell yes
VI. CITY COUNCIL BUSINESS
a. Steel Lake Management District Committee Appointments
Federal Way City Council Regular Meeting Minutes
January 20, 2004 – Page 4 of 8
COUNCILMEMBER DOVEY MOVED APPROVAL OF THE APPOINTMENT OF
MARGARET REYHNER, MONICA NELSON, TOM DEZUTTER, MONTE
DECKER TO TWO-YEAR STEEL LAKE MANAGEMENT DISTRICT
COMMITTEE TERMS THROUGH JANUARY 31, 2006; AND FURTHER MOVED
TO APPOINT ROBERT SOWDERS, AND BILL LINEHAN AS ALTERNATE
MEMBERS FOR TWO-YEAR TERMS THROUGH JANUARY 31, 2006;
COUNCILMEMBER PARK SECOND.
Councilmember Dovey noted this committee began when homeowners came together in
concern for the quality of the lake and decided to tax themselves in order to preserve the
lake for the community.
The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Ferrell yes
b. Arts Commission Appointments
COUNCILMEMBER BURBIDGE MOVED THE RE-APPOINTMENT OF LANA
BOSTIC AND IRIS MARSHALL, AND THE APPOINTMENT OF LORI DEVORE
AND FRAN VOILES TO 3-YEAR ARTS COMMISSIONER POSITIONS
THROUGH JANUARY 31, 2006; AND FURTHER MOVED THE APPOINTMENT
OF LOUISE KOETTERS, AND ROSE JOHNSON AS ALTERNATE
COMMISSIONERS SERVING 3-YEAR TERMS THROUGH JANUARY 31, 2006;
DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Ferrell yes
c. Other Committee Appointments
Mayor McColgan announced the following appointments to local and regional committees:
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Airport Communities Coalition (ACC) – Linda Kochmar, Eric Faison (alternate)
City/Lakehaven Liaison Committee – Dean McColgan, and Jim Ferrell
City/School District Liaison Committee – Dean McColgan, and Jeanne Burbidge
City/Chamber Economic Development Committee – Dean McColgan, Jack Dovey,
David Moseley
Jail Assembly – Jim Ferrell
Federal Way City Council Regular Meeting Minutes
January 20, 2004 – Page 5 of 8
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Joint Recommendation Committee – Jeanne Burbidge
Lodging Tax Advisory Committee – Mike Park
Potential Annexation Steering Committee – Eric Faison, Linda Kochmar
South County Area Transportation Committee – Jeanne Burbidge
Sound Transit Executive Advisory Committee – Dean McColgan, Jeanne Burbidge
d. Right-of-Way Use Agreement for Improvements by Sound Transit to So 316th
St
COUNCILMEMBER DOVEY MOVED APPROVAL OF THE RIGHT-OF-WAY
USE AGREEMENT FOR IMPROVEMENTS BY SOUND TRANSIT TO SO 316TH
ST; COUNCILMEMBER FERRELL SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Ferrell yes
e. Agreement between Central Puget Sound Regional Transit Authority and City
of Federal Way for Future Development of Transit Oriented Development at the
Federal Way Transit Center
COUNCILMEMBER DOVEY MOVED TO TABLE THIS ITEM AND PLACE IT
ON THE FEBRUARY 17TH REGULAR MEETING AGENDA; DEPUTY MAYOR
KOCHMAR SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Ferrell yes
VII. INTRODUCTION ORDINANCES
a. Council Bill #337/Oversize Commercial Vehicles Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE
XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES)
COUNCILMEMBER DOVEY MOVED COUNCIL BILL #337/OVERSIZE
COMMERCIAL VEHICLES CODE AMENDMENT TO SECOND
READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING;
COUNCILMEMBER PARK SECOND. The motion passed as follows:
Federal Way City Council Regular Meeting Minutes
January 20, 2004 – Page 6 of 8
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Ferrell yes
b. Council Bill #338/Code Amendment Updating Chapter 6, Criminal Code
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING THE CRIMINAL CODE OF THE CITY OF FEDERAL
WAY (AMENDING ORDINANCE NOS. 91-89, 99-362, 00-367, 00-374, 01-401, 02-429)
COUNCILMEMBER BURBIDGE MOVED COUNCIL BILL #338/CODE
AMENDMENT UPDATING CHAPTER 6, CRIMINAL CODE TO SECOND
READING/ENACTMENT AT THE NEXT REGULAR COUNCIL MEETING;
COUNCILMEMBER FERRELL SECOND. The motion passed as follows:
Burbidge yes Kochmar yes
Dovey yes McColgan yes
Faison yes Park yes
Ferrell yes
VIII. CITY COUNCIL REPORTS
Councilmember Ferrell noted the Martin Luther King Jr. event held yesterday (1/19) was
wonderful, and thanked the many individuals who worked to make it a success. He was
also pleased with the recent Council retreat, where Councilmembers had the opportunity to
have a free flow discussion of ideas and visions for Federal Way’s future.
Councilmember Park also noted the Martin Luther King Jr. celebration was a wonderful
event, and thanked Diversity Commissioner and MLK Jr. Chair Ron Walker for all his hard
work. He also noted January 22nd is the Lunar New Year which will be celebrated in the
Asian community.
Councilmember Burbidge echoed the comments of the Martin Luther King Jr. celebration;
she was pleased with the size of the attendance and noted the celebration might soon
outgrow the Decatur High School performing arts center. She also noted she would be
attending various regional meetings, and announced the next meeting of the Parks,
Recreation, Human Services, Public Safety Committee meeting would be February 9, at
5:30 p.m.
Councilmember Dovey thanked the citizens who attended tonight’s Council meeting and
last night’s Land Use Transportation Committee meeting. He noted there have been
Federal Way City Council Regular Meeting Minutes
January 20, 2004 – Page 7 of 8
numerous citizen comments given, which is appreciated. He also thanked his fellow
Councilmember for the retreat, and extended his thanks to city staff and the facilitator.
Councilmember Faison noted he was unable to make the meeting due to the re-scheduling,
however would like to add his congratulations to the new Mayor and Deputy Mayor, and
welcome to new Councilmember Jim Ferrell. He announced the next meeting of the
Finance, Economic Development, Regional Affairs Committee would be held on February
27th, at 5:30 p.m.
Deputy Mayor Kochmar thanked staff for their hard work on the Council retreat, and also
thanked Ron Walker for all his hard work and dedication to the Martin Luther King Jr.
Celebration. She reported on the various regional and community events and meetings she
will be attending, and thanked all the citizens and volunteers who apply for and work on
the city’s commissions and committees.
Mayor McColgan also thanked his Council colleagues for the positive Council retreat,
where the Councilmembers were able to get a free flow discussion on issues facing the city,
and noted he looks forward to working with a great team. He added he was privileged to be
able to speak at the Martin Luther King Jr. Celebration with the theme of “Making a
Difference”. He encouraged citizens to get out and take the first step in volunteering in
their community.
IX. CITY MANAGER REPORT
City Manager David Moseley thanked the Diversity Co mmission and the Martin Luther
King Jr. Celebration Committee for the event this year. He recognized the countless hours
that staff members Sharyn Earl, Natalie Rees, Sun So, and Jason Suzaka contributed to the
celebration.
Mr. Moseley reminded everyone of the Federal Way Chamber of Commerce Economic
Forecast breakfast, which will be held January 21st beginning at 7:00 a.m. in the Bon-
Macy’s courtyard in the Mall. Various Councilmembers and staff will be present.
He added the Chamber of Commerce has scheduled Mayor Dean McColgan’s first State of
the City Address for Wednesday, February 4th at 11:30 a.m., at the Twin Lakes clubhouse.
City Manager David Moseley noted the Human Services Commission is urging people to
“save the date” on Monday, February 23, 2004 from 5:30 p.m. to 8:00 p.m. for a discussion
of the city’s Human Services Consolidated Plan.
Mr. Moseley was pleased to report staff expects to issue a “Notice to Proceed” to the
contractor who will build the new walls inside City Hall. Current projects out to bid are the
HVAC, plumbing, electrical and casework. The project’s staff team will meet this week to
Federal Way City Council Regular Meeting Minutes
January 20, 2004 – Page 8 of 8
start drafting a move plan, which will be in two phases. Police and Court are expected to
move into the new building first, with the remaining city hall offices to follow.
He further reminded Council for the need for an Executive Session tonight for the purpose
of discussing potential litigation/pursuant to RCW 42.30.110(1)(i). Expected duration is 25
minutes, with no action anticipated.
X. EXECUTIVE SESSION
At 8:20 p.m. Mayor McColgan announced the Council would recess into Executive
Session for the purpose of discussing potential litigation/pursuant to RCW 42.30.110(1)(i);
for approximately twenty-five minutes.
Potential Litigation/Pursuant to RCW 42.30.110(1)(i)
At 8:50 p.m., Deputy City Attorney Karen Kirkpatrick announced Executive Session would
be extended by an additional ten minutes.
Council returned to Chambers at 9:05 p.m.
XI. ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor
McColgan adjourned the regular meeting at 9:05 p.m.
_______________________________
Stephanie D. Courtney, CMC
Deputy City Clerk