Council MIN 07-10-1990 Special
CITY COUNCIL MINUTES
City of Federal Way
Municipal Building - Federal Way, Washington
July 10, 1990
SPECIAL SESSION - 6:00 P.M.
I.
CALL MEETING TO ORDER
Mayor Debra Ertel called the Federal Way City Council
Special Session Council Meeting to order, at the hour of
6:06 P.M., on the 10th day of July, 1990, in Council
Chambers, Municipal Building, Federal Way, Washington.
Present: Mayor Ertel and Councilmembers Jim Handmacher,
Lynn Templeton, Joel Marks, Bob Stead and Jim Webster.
Absent: Deputy Mayor Mary Gates was excused from this
meeting because of a scheduling conflict.
Staff Present: J. Brent McFall, City Manager; John
Wallace, City Attorney; Ken Nyberg, Assistant City Manager;
Maureen Swaney, City Clerk, and Chris Green, Senior
Secretary.
Media Present:
Leon Espinoza, Seattle Times.
II.
ORDINANCE - Next Ordinance No. 90-68
An Ordinance of the City of Federal Way, Washington,
Amending Ordinance No. 89-14, Subsection (A) of Section
l, Establishing a General Penalty Provision for Violation
of City Ordinances Where a Specific Penalty is not
Otherwise Provided
Mayor Ertel read the summary of the ordinance.
Counci1member Templeton moved for approval; Second by
Councilmember Webster. Prior to voting, Councilmember
Handmacher reminded the councilmembers that the
recommendation was to suspend the rules and pass this
ordinance this evening; the earlier motion was withdrawn.
Counci1member Handmacher moved to suspend the rules and
pass this ordinance at second reading this evening; Second
by Councilmember Templeton. Motion passed as follows:
Gates
Templeton
Stead
Ertel
Absent
Yes
Yes
Yes
Handmacher
Marks
Webster
Yes
Yes
Yes
Motion to approve Ordinance No. 90-68 by Councilmember
Templeton; Second by Councilmember Marks. Prior to taking
ORIGINAL
City Council Meeting Minutes
July 10, 1990 - Page Two
a vote on the motion, Counci1member Stead asked Mr. Wallace
to explain why this penalty ordinance was different that
the RCW. Councilmember Stead said he thought the ordinance
was an unusual approach and that it should be the city
council who decides on which matters constitute a gross
misdemeanor. Councilmember Stead continued by saying he
did not agree with the provisions of this proposed
ordinance and suggested that the council look at those
items with a heavier burden of penalty. He explained how
persons charged with gross misdemeanors are treated in
different areas--such as job applications.
Councilmember Stead moved to amend the motion to say that
in situations where a penalty is not specifically set forth
in the ordinance, it should be considered a misdemeanor;
Second by Councilmember Marks.
Mr. McFall told the councilmembers that staff needed to
check the RCW. Discussion continued on the fine and
penalty differences between misdemeanor and gross
misdemeanor.
Motion to amend the earlier motion passed as follows:
Gates
Templeton
Stead
Ertel
Absent
Yes
Yes
Yes
Handmacher
Marks
Webster
Yes
Yes
Yes
Councilmember Webster moved to table the motion, as
amended, until after the Executive Session; Second by
Councilmember Marks. Motion passed as follows:
Gates
Templeton
Stead
Ertel
Absent
Yes
Yes
Yes
Handmacher
Marks
Webster
Yes
Yes
Yes
The council recessed into Executive Session at the hour of
6:20 P.M. for a forty-minute meeting. They announced the
Special Session would continue at the hour of 7:00 P.M.
John Moir, Finance Director, Kurt Hertzog, Federal Way News
and Bruce Rushton, Tacoma News Tribune arrived at the
meeting.
City Council Meeting Minutes
July 10, 1990 - Page Three
III.
EXECUTIVE SESSION - Litigation - RCW 42.30.ll0(i)
The council met in Executive Session to discuss litigation
matters with the City Attorney from 6:20 P.M. until 7:00
P.M.
IV.
CONTINUATION OF SPECIAL SESSION
The Special Session reconvened at the hour of 7:07 P.M.
with Deputy Mayor Mary Gates arriving at the hour of 7:09
P.M.
Mr. Wallace reviewed new language drafted for ordinance
90-68 as follows:
Councilmember Webster moved to remove Ordinance No. 90-68
from the table and be put before the council for passage;
Second by Councilmember Stead. Motion passed as follows:
Gates
Templeton
Stead
Ertel
Yes
Yes
Yes
Yes
Handmacher
Marks
Webster
Yes
Yes
Yes
Motion to adopt Ordinance No. 90-68 for second reading, as
amended, passed as follows:
Gates
Templeton
Stead
Ertel
Yes
Yes
Yes
Yes
Handmacher
Marks
Webster
Yes
Yes
Yes
v.
ADJOURN SPECIAL SESSION
With no further business to come before the council, Mayor
Ertel adjourned the Special Session Council Meeting at the
hour of 7:10 P.M. and the council continued meeting in
study session.