Council MIN 03-18-2003 Regular
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
Regular Meeting
March 18, 2003 - 7:00 p.m.
Minutes
1.
CALL MEETING TO ORDER
Mayor Burbidge called the Federal Way City Council regular meeting to order at the hour
of 7:05 p.m.
Councilmembers present: Mayor Jeanne Burbidge, Deputy Mayor Dean McColgan,
Councilmembers Jack Dovey, Eric Faison, Linda Kochmar, and Mike Park.
Staff present: Assistant City Manager Donna Hanson, City Attorney Pat Richardson, and
Deputy City Clerk Stephanie Courtney.
Mayor Burbidge excused Councilmember Gates absence.
II.
PLEDGE OF ALLEGIANCE
Camp Fire Kids Troops "Cougars" and "Tiger Cubs" led the flag salute.
Special Presentation:
Mayor Burbidge was pleased to announce and present the City Cultural Diversity Runner-
Up Award to the city's Diversity Commission. Diversity Commission Chair Trise Moore
and Commissioner Ron Walker, accepted the award on the Commission's behalf.
Mayor Burbidge noted the award was from the National League of Cities National Black
Caucas of Local Elected Official in the category of cities with population between 25,001
and 100,000. She was very pleased and honored to accept this award at the recent National
League of Cities Convention in Washington D.C., and congratulated the Commission on all
of their hard work.
III.
SWEARING IN CEREMONY
Police Chief Anne Kirkpatrick introduced Police Officer Betsy Cable. Deputy City Clerk
Stephanie Courtney administered the oath of office to Officer Cable, and congratulated her
on her new position.
C(Q)lP
Federal Way City Council Regular Meeting Minutes
March 18, 2003 - Page 2 of 7
IV.
PRESENTATIONS
a.
Proclamation/Sister City Donghae Incorporation Anniversary
Mayor Burbidge read and presented the proclamation recognizing the City of Donghae's
Incorporation Anniversary. Sister City Association President Jeri Eubanks accepted the
proclamation and thanked the Mayor and City Council.
b.
Proclamation/Fred Oldfield Day March 18, 2003
Mayor Burbidge read and presented Fred Oldfield with the proclamation proclaiming
March 18,2003 as "Fred Oldfield Day" in the City of Federal Way. Mr. Oldfield, who is
celebrating his 85th birthday, is a local western artist, with strong community ties. Mr.
Oldfield accepted the proclamation, thanking the Mayor and City Council for this great
honor.
c.
Proclamation/Absolutely Incredible Kid Day
Mayor Burbidge read and presented the proclamation to Camp Fire USA leaders Randy
Collings and Cortina Baxter and their troops. Mr. Collings and Ms. Baxter accepted the
proclamation and thanked the City Council.
d.
Introduction of New Employees/City Manager
Assistant City Manager Donna Hanson was pleased to introduce and announce the
following new employees: Rodney Gregg, who has been hired as a Police Support Officer
for the Police Department; Bryan Kardos, who has been hired as a Construction Inspection
in the Public Works Department; Brian Robert's is the city's new Street Systems Project
Engineer also in the Public Works Department; and Bonnie Woodrow who has been hired
as the Court Administrator for the Municipal Court.
Mayor Burbidge welcomed the new employees.
e.
Emerging Issues/City Manager
Assistant City Manager Donna Hanson announced there were no emerging issues to
discuss tonight.
V.
CITIZEN COMMENT
Julie Grant, Chair of the Human Services Commission urged the Council to pass the
cancellation and reallocation of previously awarded project & amendment to 2003 CDBG
Contingency Plan, on tonight's agenda.
Federal Way City Council Regular Meeting Minutes
March 18, 2003 - Page 3 of 7
Roy Parke, voiced his displeasure to Council on various issues relating to property
condemnation.
Ross Radley, spoke representing seven homeowners who are opposing the Site Specific
Request #1 in the Comprehensive Plan Amendments.
Wayne Carlson, urged Council to approve the Land Use Transportation Committee
recommendation for Site Specific Request # 1.
Newton Bruington, spoke in strong opposition to Site Specific Request # 1; he questioned if
Council was receiving all correspondence staff was receiving.
Karen Smith, spoke in opposition to Site Specific Request # 1; noting traffic and safety
issues with a nearby school bus stop.
Lee Feron, spoke in strong opposition to Site Specific Request #1, noting safety and
increased noise as issues.
Robert Robinson, spoke regarding Site Specific Request #1 and noted the nearby apartment
complexes would generate a larger potential for traffic than these small businesses.
Mayor Burbidge asked Senior Planner Margaret Clark if the record is complete with all
correspondence the city has received thus far. Ms. Clark responded in the affirmative; she
noted all correspondence is copied in the Council packet, and any items received after the
Council packet was printed has been put together in a handout that is available at the back
of the room.
VI.
a.
b.
c.
d.
e.
f.
g.
CONSENT AGENDA
Minutes/March 4, 2003 Regular Meeting and Special Meeting -Approved
Surface Water Infrastructure Maintenance & Service Contract/Authorization
to Bid -Approved
Extension of Community Development Block Grant (CDBG) Housing and
Community Development Four-Year Strategies through 2004-Approved
Cancellation & Reallocation of Previously Awarded Project & Amendment
to 2003 CDBG Contingency Plan -Approved
Community Center Advisory Group-Approved
2003 Authorizing Resolution - Grant Application for Development of the
Armstong Property-Approved
Council Bill #318/2002 Comprehensive Plan Amendments/Enactrnent
Ordinance-Approved Separately/ Ordinance #03-442
Federal Way City Council Regular Meeting Minutes
March 18, 2003 - Page 4 of 7
1.
Council Bill #319/ City Council Compensation Commission! Enactment
Ordinance-Approved Ordinance #03-439
Council Bill #320/ Modification to FWCC Chapter 9/Licenses & Business
RegulationslEnactment Ordinance-Approved Ordinance #03-440
Council Bill #321/ Carryforward Budget Adjustment/Enactment Ordinance-
Approved Ordinance #03-441
h.
J.
COUNCILMEMBER PARK MOVED APPROVAL OF THE CONSENT AGENDA
AS PRESENTED; COUNCILMEMBER DOVEY SECOND.
Councilmember Faison pulled item (g)/Council Bill #318/2002 Comprehensive Plan
AmendmentsÆnactment Ordinance.
Motion to approve items (a), (b), (c), (d), (e), (t), (h), (i), and (j) passed as follows:
Burbidge
Dovey
Faison
Gates
yes
yes
yes
excused
Kochmar
McColgan
Park
yes
yes
yes
Consent Item (g)l Council Bill #318/2002 Comprehensive Plan Amendments/Enactment
Ordinance:
Councilmember Faison noted he would be making a motion and an amendment to the
motion.
COUNCILMEMEBR FAISON MOVED APPROVAL OF THE DRAFT
ORDINANCE ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN;
COUNCILMEMBER KOCHMAR SECOND.
COUNCILMEMBER FAISON MOVED TO AMEND THE MAIN MOTION TO
DENY SITE SPECIFIC REQUEST #1; COUNCILMEMBER KOCHMAR
SECOND.
Councilmember Faison spoke to the motion and amendment. He noted this request did go
through both the Planning Commission and Land Use Transportation Committee where
they recommended a BC zone with a developer's agreement; however he added a change in
zoning at this time wouldn't be a wise choice, He reminded Council a thorough analysis
would be done on the zoning charts in the next few years.
City Attorney Pat Richardson reminded Council the 2002 Comprehensive Plan
Amendment site specific request #1 is a quasi-judicial proceeding. She noted any
Councilmembers who have had any verbal conversations with citizens regarding request #1
should indicate said conversations and summarize their comments for the record.
Federal Way City Council Regular Meeting Minutes
March 18, 2003 - Page 5 of 7
Councilmembers noted this is a difficult issue for both the homeowners and business
owners respectively; they each summarized their various conversations for the record.
The amendment passed as follows:
Burbidge
Dovey
Faison
Gates
yes -
yes
yes
excused
Kochmar
McColgan
Park
yes
yes
yes
The main motion as amended passed as follows:
Burbidge
Dovey
Faison
Gates
yes
yes
yes
excused
Kochmar
McColgan
Park
yes
yes
yes
VII.
CITY COUNCIL REPORTS
Councilmember Kochmar reminded citizens of the March 22od meeting at Green River
Community College where the Sexual Predator siting will be discussed. She further
reported on her attendance at various regional meetings, and welcomed back her colleagues
from the National League of Cities Convention in Washington D.C.
Councilmember Park reminded citizens and Council of the Sister City Association meeting
tomorrow, March 19th at 6:30p.m. in the Mt. Baker Conference Room; the City/Korean
Community Leaders meeting, March 20th at 6:30 p.m. in Council Chambers; and
announced the next meeting of the Finance/Economic Development/Regional Affairs
Committee would be held March 25t\ at 4:30 p.m. in the Mt. Baker Conference Room.
Councilmember Dovey had no report this evening.
Councilmember Faison announced the next meeting ofthe Land Use/Transportation
Committee would be April ih at 5:30 p.m. in Council Chambers.
Deputy Mayor McColgan reported on his attendance along with Mayor Burbidge and
Councilmember Park at National League of Cities (NLC) Convention. He was pleased to
meet with Legislators and also receive the Diversity A ward. He further announced the next
meeting of the Lodging Tax Advisory Committee would be held March 21 st at 8 :00 a.m.
Federal Way City Council Regular Meeting Minutes
March 18, 2003 - Page 6 of 7
Mayor Burbidge also reported on her attendance at the NLC Convention and other various
regional meetings. She encouraged citizens to attend the numerous upcoming performing
arts events in the community.
VIII.
CITY MANAGER REPORT
Assistant City Manager Donna Hanson reported the Community Center project is moving
forward, six architectural firms will be interviewed from the fifteen proposals submitted.
The first meeting of the Citizen Advisory Committee will be held Wednesday, March 26th
at 4:00 p.m. in Council Chambers.
Ms. Hanson also noted the project at Dumas Bay Centre is nearing completion; she noted
the increased open space on the property only enhances the already beautiful atmosphere.
She further reminded Council for the need of an executive session for the purpose of
discussing Potential Litigation/Pursuant to RCW 42.30.110(1 )(i); and Property
Acquisition/Pursuant to RCW 42.30.110(1 )(b) for approximately thirty minutes with action
anticipated.
IX.
EXECUTIVE SESSION
a.
b.
Potential LitigationlPursuant to RCW 42.30.110(1 )(i)
Property AcquisitionlPursuant to RCW 42.30.110(1 )(b)
At 8:14 p.m. Mayor Burbidge announced the Council would be recessing into Executive
Session for the purpose of discussing Potential Litigation/Pursuant to RCW
42.30.110(1 )(i); and Property AcquisitionlPursuant to RCW 42.30.110(1 )(b) for
approximately thirty minutes with action anticipated.
At 8:45 p.m. Deputy City Attorney Karen Kirkpatrick announced Executive Session would
be extended twenty minutes.
At 9:05 p.m. Deputy City Attorney Karen Kirkpatrick announced Executive Session would
be extended an additional ten minutes.
Council returned to Chamber at 9:20 p.m.
COUNCILMEMBER FAISON MOVED TO DIRECT AND AUTHORIZE THE
CITY MANAGER TO DIRECT CITY STAFF TO SETTLE THAT PORTION OF
THE CONDEMNATION LAWSUIT THAT PERTAINS TO DEFENDANT, MS.
Federal Way City Council Regular Meeting Minutes
March 18, 2003 - Page 7 of 7
MCNEIL, PARCEL 38, THROUGH THE ACQUISITION OF A RIGHT-OF-WAY
FOR $255,476; FURTHER MOVE TO DIRECT AND AUTHORIZE THE CITY
MANAGER TO DIRECT CITY STAFF TO SETTLE THAT PORTION OF THE
CONDEMNATION LAWSUIT THAT PERTAINS TO DEFENDANT, KC
INVESTMENTS, PARCEL 76, THROUGH THE ACQUISITON OF A RIGHT -OF-
WAY FOR $53,043; FURTHER MOVE TO DIRECT AND AUTHORIZE THE
CITY MANAGER TO DIRECT CITY STAFF TO SETTLE THAT PROTION OF
THE CONDEMNATION LAWSUIT THAT PERTAINS TO DEFENDANTS, MR.
AND MRS. DRAPER, PARCELS 79 AND 83, THROUGH THE ACQUISITION OF
RIGHT-OF-WAYS FOR $162,000; AND FURTHER MOVE TO DIRECT AND
AUTHORIZE THE CITY MANAGER TO DIRECT CITY STAFF TO SETTLE
THAT PORTION OF THE CONDEMNATION LAWSUIT THAT PERTAINS TO
DEFENDANTS, MR. AND MRS. STERBA, PARCEL 7, THROUGH THE
ACQUISITION OF AN EASEMENT FOR $71,000; COUNCILMEMBER PARK
SECOND. The motion passed as follows:
Burbidge
Dovey
Faison
Gates
yes
yes
yes
excused
Kochmar
McColgan
Park
yes
yes
yes
x.
ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor
Burbidge adjourned the regular meeting at 9:20 p.m.
. e ie Courtney
Deputy City Clerk