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Council MIN 11-01-1994 Regular FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall November 1, 1994 - 7:00 p.m. MINUTES 1. CALL MEETING TO ORDER Mayor Gates opened the regular meeting of the Federal Way City Council at 7:00 p.m., in Council Chambers, City Hall, Federal Way, Washington. City Council present: Mayor Mary Gates, Deputy Mayor Phil Watkins, Councilmembers Ray Tomlinson, Ron Gintz, Skip Priest, Bob Stead, Hope Elder. City Staff present: City Manager Ken Nyberg, City Attorney Londi Lindell, City Clerk Maureen Swaney, Deputy City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Councilmember Tomlinson led the flag salute. III. PRESENTATION City Manager Ken Nyberg presented Associate Planner Lori Schill with the November SPIRIT award in honor of her outstanding participation during the group homes code amendment process, and that of her positive interaction between city staff and citizens. Ms. Schill thanked the Council for their support of the award. IV. CITIZEN COMMENT David Head, Ethics Board Chair - spoke in support of the proposed code of ethics resolution amendment and thanked the Council and Law Department staff for their support during the recent amendment process; Sherry Axson and Diana Wright, representing Westway Homeowners Association - thanked the Council for their past support and requested continued assistance through human services grants; Mike McKasy, Dumas Bay resident - previously sent a letter to Council addressing the concerns of residents in his area with respect to the recent beating of a young woman in the park area and requested the city provide park patrols for the safety of citizens while using city park facilities. COpy FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES November 1, 1994 - Page 2 v. CONSENT AGENDA a. b. c. d. Minutes/October 18, 1994 Right-of-Way Acquisition/So 348th St Improvement Project Lower Puyallup Watershed Action Plan Resolution/Ethics Amendment APPROVED RESOLUTION NO. 94-188 Deputy Mayor Watkins pulled item (d) and Council member Gintz pulled item (c) for additional information. Motion by Councilmember Priest to approve consent items (a) and (b); second by Councilmember Elder. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes Under consent item (c), Council member Gintz requested an update from the Land Use Committee Chair; Councilmember Priest reported this project is a cooperative effort between various entities, in order to improve water quality throughout the lower Puyallup Watershed, which encompasses a significant portion of the Hylebos area. The issue raised during committee discussion included financial obligation of the city. The committee also discussed the possibility of bringing the issue back to committee, if the Council is not comfortable with making a decision on the project at this time. Councilmember Gintz said he. is supportive of improving water quality, but is concerned about the financial implications. Public Works Director Cary Roe explained this is not a mandate at this time, but merely a concurrence of the proposed plan. Motion by Councilmember Gintz to approve the project, with a caveat that the letter of concurrence stipulates as to no commitment for funding whatsoever, and that any future requests for implementation have specific funding attached thereto; second by Councilmember Elder. Deputy Mayor Watkins moved to table consent item (c) to the November 15 regular meeting, preceded by additional committee review and recommendation on November 7; second by Council member Gintz. Motion to table passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES November 1, 1994 - Page 3 Under consent item (d), Deputy Mayor Watkins questioned portions of the proposed amendment to the ethics resolution; City Attorney Londi Lindell responded to those inquiries, and advised Council members she will be scheduling a code of ethics review in the near future. Council member Gintz moved to adopt the proposed resolution, with a caveat that definitions be inserted for "proprietary and privileged information"; if there are concerns regarding definitions, Council could elect to review at a later time; second by Council member Elder. Motion to approve consent item (c), Resolution No. 94-188 "Ethics Amendment", with added caveat, passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder no yes yes VI. APPEAL OF HEARING EXAMINER DECISION Mayor Gates read a prepared statement and opened the Avarice, Inc. appeal hearing at the hour of 7:45 p.m.. She announced the Council will take the matter under advisement at the conclusion of the hearing and make a decision at their next regular meeting on November 15. The Council may adopt, modify or reverse the Hearing Examiner's decision. Each side will be allowed ten (10) minutes for their presentation, and, if so desired, counsel may reserve a specific portion of time for rebuttal within that allotted time schedule. Raj Bains, attorney for Avarice, Inc., referred to his letter to Council dated October 31, 1994, which letter was submitted as appellant's memorandum of authority. Council member Stead asked for clarification of the record before the Council, since the letter addresses a number of items outside the scope of the record. Ms. Lindell advised Council she is representing the city, not the Council, since the city doesn't have a Deputy City Attorney currently on staff. Due to the untimely filing of the appellant's memorandum, City Attorney Lindell advised the Council they must decide through a vote process, whether or not to allow its admittance, and to additionally determine if the arguments set forth therein properly address the record. Council member Stead moved to include those portions of appellant's October 31 memorandum that are relevant to the record; second by Councilmember Priest. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES November 1, 1994 - Page 4 Mr. Bains presented his argument to Council from the portions of his letter so allowed, and reserved one minute for rebuttal. Ms. Lindell presented th~ city's position by reading excerpts from the Hearing Examiner's decision, and reserved one minute for rebuttal. Rebuttal of Attorney Bains: He objected to the statement by Ms. Lindell that the record shows the intent of the business was to train people for adult entertainment; according to Mr. Bains that is nowhere to be found in the record, in fact, even though the Hearing Examiner found that the testimony of Manager Barbara Burke was less than credible, he did indicate that Barbara Burke testified that Avarice did not want to be classified as an adult entertainment facility, and reiterated it never intended the business to be an adult entertainment facility. Mr. Bains said he feels the business is being punished for the acts of two particular employees. He also claimed the employees acted beyond the scope of their proper employment and stated they are independent contractors and not employees of Avarice; thus, the business does not have control over the actions of its models. Rebuttal of City Attorney Lindell: She said Avarice counsel has stated that they did not intend to perform adult entertainment, however, they were charging $60, which was defined as tanning and modeling of lingerie. She asked Council to decide whether or not a person would pay $60 when the fair market value for a 30-minute tan is $4, when they were simply expecting a tan and modeling of lingerie.. . she said she believes the company knew exactly what was occurring on the premises in order to market $60 services. Ms. Lindell said the reason they don't want to be registered as an adult entertainment establishment is not because of zoning, but because the acts being engaged in at the premises constitute violations of the code. She further advised if the business was an adult entertainment establishment, the women would have to be six feet away from the patron, would have to be on an elevated platform eighteen inches above the floor, and could not engage in the type of couch dances that were described to the Hearing Examiner. Ms. Lindell reiterated the reason Avarice doesn't want to file as an adult entertainment establishment is due to the fact they couldn't engage in the type of activities they are attempting to currently engage. Mayor Gates said Council may take a minute to deliberate and ask questions amongst themselves, or reserve the option to discuss the issue at the November 15 regular meeting. Councilmember Stead moved to adopt the Findings of the Hearing Examiner, with the necessary amendments to clearly reflect the reasons for revocation of the business license pursuant to City Code, and to instruct the City Attorney to provide written Findings and Conclusions for Council approval at the November 15 regular meeting; second by Councilmember Elder. Motion passed as follows: FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES November 1, 1994 - Page 5 Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes Mayor Gates closed the revocation hearing at the hour of 8:40 p.m.. VII. CITY MANAGER REPORT Mr. Nyberg reported a robbery at the SeaFirst Bank at 320th and Pacific Highway South today; due to outstanding police action, the three suspects have already been arrested. He extended the staff's sympathies to Parks/Recreation Director Jenny Schroder...her father just passed away; she will be away from the office for a few days and David Wilbrecht will be Acting Director in her absencè. Mr. Nyberg reminded Council members of the upcoming budget study session scheduled for Thursday, November 3 at 6:00 p.m. He further reminded Council about the impending action required on the police contract and asked for guidance to continue working with King County, pursuant to the conditions offered to the city and subject to County Council approval; or, in the alternative, to continue working toward the establishment of an independent city department. The City Manager advised Mayor Gates of the need for a brief executive session to discuss property acquisition and potential litigation prior to adjournment. VIII. COUNCIL BUSINESS Motion by Councilmember Priest to direct the City Manager to continue discussions with King County in connection with certain amendments to the Police Services Contract for 1995-96, and to reduce the terms of those amendments as more fully set forth in King County Executive's Proposal to Contract Cities for Police Services dated October 20, 1994, to a contract in form and content acceptable to the city; second by Councilmember Stead. Following discussion, Deputy Mayor Watkins offered a friendly amendment to the main motion, to state a date certain for the County Council's approval of the city's proposed amendments--that date being December 1, 1994; friendly amendment accepted by maker of main motion. Councilmember Gintz offered another friendly amendment to the main motion to include an RFP to Tacoma and King County, simultaneously, with negotiations to determine the level of services by April 15, 1995. Council member Priest said he supports the suggestion, but prefers to include FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES November 1, 1994 - Page 6 that recommendation with budget discussions on November 3; Councilmember Gintz concurred and withdrew his friendly amendment. Main motion, as amended to specify a date certain, passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes IX. CITY COUNCIL REPORTS Councilmember Priest reported the Land Use/Transportation Committee will meet November 7 at 6:00 p.m.. Councilmember Gintz announced the next meeting of the Finance/Economic Development Committee is scheduled for November 10 at 7:30 a.m.. He also reported on his recent trip to Japan; he said it was an incredible trip and feels it has provided an exciting beginning for trade and economic development opportunities between the cities of Hachinohe and Federal Way. He reported the chamber has scheduled a sister city meeting for November 15. Council member Tomlinson reported the Parks/Recreation Committee has changed its next regular meeting from November 7 to November 14. Council member Elder reported the next regular meeting of t):le Public Safety/Human Services Committee is November 3 at 7:30 a.m.; a special meeting to review human services funding recommendations is scheduled for November 10 at 6:00 p.m.. She also reported on her recent trip to Japan where she toured a nursing home and discussed care for the elderly. Mayor Gates remarked on the exceptional hospitality afforded the Council and City Manager during their recent visit to Hachinohe, and thanked Councilmembers Elder and Gintz and Mr. Nyberg for their support and outstanding representation during the trip. She updated Council on the recent approval of the RTA's Light Rail Phase I project, which pIan includes stops in Federal Way. She reported on her attendance at this morning's World Vision ground breaking, and thanked staff, the Planning Commission and Council for their efforts in bringing the corporate offices into our area. X. EXECUTIVE SESSION a. b. Property Acquisition/Pursuant to RCW 42.30. 11O(b) Potential Litigation/Pursuant to RCW 42.30. 11O(i) FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES November 1, 1994 - Page 7 Mayor Gates recessed the regular meeting at 9:07 p.m., and announced a IS-minute executive session to discuss property acquisition and potential litigation, with the possibility of action being taken at the conclusion of the session. Mayor Gates adjourned the executive session at 9:29 p.m., and reconvened the regular meeting. Motion by Council member Gintz to direct the City Manager to proceed to close the acquisition of certain property located at the southwest corner of South 348th Street and 16th Avenue South for the purchase price of $6,034 pursuant to that Purchase and Sale Agreement dated September 1, 1994, between the city and Clerget Evergreen Ltd. Partnership; second by Councilmember Stead. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead EIder yes yes yes Second motion by Councilmember Gintz to direct the City Manager to enter into a Possession and Use Agreement covering certain property located at 34730 Pacific Highway South between the city and Bartlett Harrison Enterprises, which provides for the eventual acquisition of such property for the purchase price of $34,280; second by Council member Stead. Motion passed as follows: Gates Tomlinson Gintz Priest yes yes yes yes Watkins Stead Elder yes yes yes XL ADJOURNMENT There being no further business to come before the Council, Mayor Gates adjourned the regular meeting of the Federal Way City Council at the hour of 9:30 p.m.. Q~s~~ Deputy City Clerk -----