Council MIN 04-07-1992 Regular
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
April 7, 1992 - 7:00 p.m.
*****
1.
CALL MEETING TO ORDER
A Regular Meeting of the Federal Way City Council, was called to
order by Mayor Robert Stead, on the 7th day of April, 1992, at the
hour of 7:03 p.m., in Council Chambers, Federal Way City Hall,
33530 First Way South, Federal Way, Washington. Councilmembers
present: Deputy Mayor Joel Marks, Ray Tomlinson, Mary Gates, Ron
Gintz, Lynn Templeton and Skip Priest. Staff present: J. Brent
McFall, city Manager; Carolyn Lake, Acting city Attorney, and
Maureen swaney, city Clerk.
ll.
PLEDGE OF ALLEGIANCE
councilmember Skip Priest led the flag salute.
ill.
SPECIAL PRESENTATION
Mr. McFall presented the "Spirit Award" for month of April, 1992,
to K.C. Ellis, Community Development's Lead Plans Examiner. Mr.
Ellis thanked the City Manager and city Council and said the award
was shared by those City staff members who work with him.
IV.
CITIZEN COMMENT
M.C. Scheerer, 29300 11th Place South, Federal Way, Washington,
commented on vandalism in his neighborhood and suggested ways to
increase police protection.
John Hyry, 14711 111th Place, H.E., Federal Way, Washington, said
the current Federal Way Fireworks Stand Permit process was
difficult and asked that amendments be considered.
v.
COUNCIL BUSINESS
a.
Dance Hall Regulations
The City Council agreed with Mayor Stead, that due to the size of
the audience in attendance, regarding the dance hall issue, this
ORIGINAL
City Council Minutes
April 7, 1992
Page 2
item would be discussed now.
The Mayor opened up public testimony:
Gloria McQuesten, 33513 18th Avenue S, Federal Way, Washington,
owner of Rainbow Tours, expressed concerns about the continued
operation of the Matrixx Club; concerns included property damage,
personal safety and litter.
Patty March, 33510 18th Avenue S, Federal Way, Washington, said she
lived one-half block from the Matrixx Club; she has tried to remain
tolerant, but she has concerns over personal safety.
Lisa Kimbell, 33311 18th Lane S, Federal Way, Washington, said her
neighborhood has experienced dramatic changes since the Matrixx
Club opened; concerns were expressed about litter, noise, personal
safety and criminal activities. Ms. Kimbell urged the Council to
consider closing this business.
Cookie (Grace) palmgren, 16816 S.E. Renton-Issaquah Road, Renton,
Washington, supported continued operation of the Matrixx Club and
refuted statements made about noise and litter. She read a letter
to the Council which she planned to send to the Governor.
Keith Graves, 3331118th Lane S, Federal Way, Washington, expressed
concern over noise from the Matrixx Club, and said he was amazed
the club was allowed to operate.
Chris Giannoular, 4848 South 288th Street, Auburn, Washington,
owner of the omni Club in Kent, Washington, informed the Council
that he had formerly operated a teen club in Federal Way. He said
he was in support of the proposed ordinance which would protect the
public and the Matrixx Club. He said the ordinance was lacking the
provision to require a $1 million public liability insurance
policy. He said the Kent, Washington, ordinance includes the
insurance provision and the requirement does not hinder his
operation. He voiced support to require Matrixx Club patrons to be
16 years of age and over. He told the Council that the regulations
would protect the industry and avoid failure. He concluded by
urging the Council to adopt the ordinance to give credibility to
the industry.
Abbas Shaheed Muhummad, unknown address, told the Council that
going to the Matrixx Club helps kids and keeps them away from gangs
and off the streets.
Sonny Thompson, 32520 13th Avenue SW, Federal Way, Washington, said
she was employed by the Rainbow Restaurant and due to the close
city council Minutes
April 7, 1992
Page 3
proximity to the Matrixx Club, and due to Matrixx Club patrons
coming into her business, a loss of restaurant customers has
occurred; comments were made relating to personal safety concerns.
Kabili Silver, Sr., 6944 S. Monroe, Tacoma, Washington, said the
Matrixx Club is a showcase which allows kids to perform on stage;
he said teenagers are the same everywhere, not only at the Matrixx
Club. He felt the police did not help this situation, and disputed
earlier comments made regarding litter problems attributable to
Matrixx Club patrons.
Kristina Boston, 1412 SW 312th, #0-8, Federal Way, Washington,
supported the Matrixx Club and said it was one of the few places
she could perform.
Lawana Jackson, 31849 Pacific Highway S, #292, Federal Way,
Washington, told the Council she was a Federal Way High School
student and asked for support of the Matrixx Club; she said nothing
was wrong at the club; fights also happen at Burger King and the
SeaTac Mall.
Nikia Knight, 3730 S. 148th Street, #5, Tacoma, Washington, said
the Matrixx Club is a good club, even with the problems and fights.
She urged that negotiations be used to solve the problems; she
expressed concern and alleged police harassment and said the
Matrixx Club security is good.
Brian Guerrero, 4139-B Fir Street, SW Tacoma, Washington, told the
Council that the rules are posted at Matrixx Club; he disputed
earlier comments made by neighbors.
Kevin Kelley, 6944 S. Monroe, Tacoma, Washington, a security
officer at the Matrixx Club, said there were some problems at the
location but fights are broken up immediately; it is a good club.
Ron Johnson, 33310 Pacific Highway S, Federal Way, Washington,
asked the Council to bridge the generation gap or it will backfire;
he challenged the constitutionality of the proposed ordinance.
Jullianne Bruce, 33310 Pacific Highway S, Federal Way, Washington,
thanked everyone for their constructive comments; she wants the
Matrixx Club to be a community center; she said her establishment
is a showcase for local talent and patrons have good clean fun; she
alleged that cruisers come from the SeaTac Mall to Matrix. She
commented on police activities. Ms. Bruce told the council that
the Matrixx Club will only get better and concluded by saying she
was not an advocate for gang activities.
Albert Gore, 1110 56th Street SW, Tacoma, Washington, identified
City Council Minutes
April 7, 1992
Page 4
himself as head of Matrixx Club security. He alleged the Federal
Way Police were unprofessional. He further alleged that the
problem stemmed from the SeaTac Mall cruisers, not Matrixx. Mr.
Gore told the Council that the Matrixx security staff is qualified.
Bill (last name not known), 16816 S E. Renton-Issaquah Road,
Renton, Washington, said Matrixx Club is good for young people.
Laura Wiks, 33302 18th Lane S, Federal Way, Washington, Manager of
East Empire Garden Apartments, told the Council of the calls she
has had to make to 9-1-1; she said she was concerned over her
personal safety; at least six (6) apartment vacancies have been
attributed to the Matrixx location. Ms. wiks suggested the Club be
relocated. She said that the apartment management has tried to be
cooperative and it has not worked.
Abdulla Al-Khorati, 33311 18th Lane South, Federal Way, Washington,
told the council, in a written statement, that he had left the
Middle East because of being afraid for his life; he never thought
he would have the same fear in the united States - let alone
washington State. He urged closure of the Matrixx Club.
Diane Chapman, 33311 18th Lane south, Federal Way, Washington,
former Manager of East Empire Garden Apartments, told the Council
that she was forced to resign as the apartment manager because of
Matrixx Club. She said that Ms. Bruce did not respond, and that it
was necessary to contact the building owner, Wes Ulman. She
continued to say that Ms. Bruce was evicted from the apartment
complex due to alleged minors in possession. Ms. Chapman continued
by listing out the problems, including but not limited to, drugs,
gangs and shootings. She predicted someone would be killed and/or
neighbors would be injured.
Charles Tozer, 1660 South 333rd, Federal way, Washington, told the
Council, in a written statement, that he would like to see
regulation on the hours of operation at the Matrixx Club.
Mr. and Mrs. Benjamin H. Robertson, 1636 South 333rd Street,
Federal Way, told the Council, in a written statement, that they
oppose the operation of the Matrixx Club; concerns were expressed
over personal safety, noise, location and patrons.
Carolyn Lake, Acting City Attorney, reviewed the proposed
ordinance. She said that statistics are now available which make
the ordinance necessary.
Robert C. Evans, Police Chief, told the Council that there is now
a strong base of factual information, after a year's operation of
the Matrixx Club. He displayed a chart of incidents which have
city Council Minutes
April 7,1992
Page 5
resulted in 193 police contacts at this location; of the arrests
made at this location; only three (3) suspects were Federal Way
residents. Chief Evans continued by explaining the incidents which
involved guns, the riots, and additional statistics on the ages of
those arrested. A board was displayed showing photographs of
litter outside the club and aerial pictures depicting the Matrixx
Club location in relation to the neighboring apartment complex.
Chief Evans refuted earlier claims made that the police were not
professional; he said the numerous police responses to the Matrixx
Club are a drain on police resources, and it is a minor miracle
that someone hasn't died. He explained, in detail, the most recent
firearms incidents in the area of the Matrixx and displayed a 44
Magnum - the bullets were circulated to the Council and, an
Intertech 22 semi-automatic with its 25-shot ammunition magazines.
Chief Evans concluded by saying that the Matrixx Club, despite
trying to operate a dance club, is a homicide waiting to happen.
Ms. Lake said the proposed ordinance is reasonable and would be
upheld regarding constitutionality; the ordinance is not a comment
on the present owner of the Matrixx Club. She said the city needs
to provide regulations and the City Council has the authority. She
reminded the Council that the Washington State Liquor Board closed
down an adjacent business, House of China, for incidents of a
lesser degree than what has transpired at the Matrixx Club. She
continued by reviewing the contents of the proposed ordinance.
The meeting recessed at 8:43 p.m. and reconvened at 8:59 p.m.
Mayor Stead asked questions relating to section 9.41 of the
proposed ordinance relating to conditions. He asked Ms. Lake why
the Council had not been provided with copies of a substitute
proposed ordinance which contained insurance provisions.
Councilmember Priest agreed with Mayor Stead and asked why the
Council had not received the ordinance earlier; he asked questions
on whether noise violations were contained in other ordinances.
Councilmember Gintz asked questions relating to section 9.45 of the
proposed ordinance relating to prohibition of unauthorized persons
on premises. He said he would like the city to send a message that
it is expensive to be cited in Federal Way; there is a need to
fully prosecute lawbreakers in the City of Federal Way.
Councilmember Tomlinson asked for information comparing
proposed ordinance to those in other jurisdictions.
this
Councilmember Priest asked Ms.
insurance and age issues.
Lake for pros and cons on the
Mayor Stead repeated that he was concerned over getting the city
Council Minutes
April 7, 1992
Page 6
ordinance so late; the Council needs time to review the insurance
issue and the age issue. He suggested the Council meet, in Special
Session, on Friday, April 10, 1992, to enact an ordinance without
further public comment. Councilmember Tomlinson asked that the
ordinance be amended to include the $1 million liability insurance
provision; Mayor Stead said that one of the ordinance options will
have that provision included. Councilmember Gintz told Mayor Stead
he was unavailable on Friday evening; he suggested to Ms. Bruce
that she attempt to have more adequate lighting in the parking lot
area and install soundproofing, and give the Council a memorandum
containing potential solutions to the problems. Deputy Mayor Marks
said he was available whichever evening was chosen for emergency
enactment of the ordinance.
Mayor Stead read the title of the proposed ordinance to comply with
first reading of the ordinance. Enactment of the ordinance will be
at the hour of 6:00 p.m., in Federal Way City Hall, on Tuesday,
April 14, 1992.
VI.
CONSENT AGENDA
Minutes - March 16,17 & 24, 1992
Voucher - April 7, 1992
Accept/File Financial Report - January & February 1992
Authorization to hold April 21, 1992 Regular city Council
Meeting at Mark Twain Elementary School
Authorization to Purchase Computer Equipment
State Intergovernmental Cooperative Purchasing Agreement
Authorization to Purchase Vehicles
Ordinance Enactment on Tenant Improvement/Non-Conforming
Uses Zoning Code Revisions/Council Bill #6
Councilmember Gintz asked that items E and G be pulled from the
Consent Agenda for separate discussion.
a.
b.
c.
d.
e.
f.
g.
h.
Motion by Councilmember Gintz for approval of the Consent Agenda,
without items E and G; Second by Councilmember Priest. Motion
passed as follows:
Tomlinson
Marks
Gintz
Priest
Yes
Yes
Yes
Yes
Gates
Stead
Templeton
Yes
Yes
Yes
Councilmember Gintz asked questions on whether staff could look at
IBM compatibles instead of going ahead wi th the staff
recommendations; he said he would like to have additional
information and suggested delaying the purchase at this time.
council Minutes
April 7, 1992
Page 7
Councilmember Templeton moved to accept the staff recommendation;
Second by Councilmember Priest.
Councilmember Templeton said the bid process was appropriate and he
asked the Council to approve the bid and related process.
Councilmember Tomlinson said it is to the taxpayer's advantage to
use a bid process. Mr. McFall said he would provide councilmember
Gintz with a copy of the consultant's study which might satisfy his
concerns. Councilmember Gates told the Council that the former
Council Administration Committee had reviewed the study and staff
is proceeding as directed.
Motion failed as follows:
Tomlinson No Gates Yes
Marks No Stead Yes
Gintz No Templeton Yes
Priest No
Based on the failed vote, the Council indicated to Mayor Stead,
that the failure was essentially to table this matter until the
study had been circulated and reviewed; the purchase was not to be
considered voted down, only delayed.
Mayor Stead moved to withdraw item H from the Consent Agenda
passage because of citizen comment on the subject; Second by
Councilmember Marks. Motion passed as follows:
Tomlinson
Marks
Gintz
Priest
Yes
Yes
Yes
Yes
Gates
Stead
Templeton
Yes
Yes
Yes
Dan Casey, Gateway Center President, expressed concerns and made
comments on the ordinance on tenant improvement/non-conforming uses
zoning code revisions. He asked that the Council consider changing
5(b) and 6(c) to have the same effect as 3(b) and 7(a). He further
commented on site plan review. He circulated copies of suggested
changes to the Council and attached hereto as Exhibit "A" and made
a part of the minutes.
Mayor Stead asked that staff review Mr. Casey's suggestions and let
the Council know their effect; this ordinance will be placed on the
next Council agenda - not on the Consent Agenda - so that it may be
discussed.
councilmember Gintz expressed concerns over purchasing new City
vehicles and said there was no rationale contained in the staff
report. He said that the City would save money on purchasing used
Council Minutes
April 7, 1992
Page 8
cars lower insurance rates, lower sales tax, and lower
registration fee. He urged staff to make an effort to purchase
used vehicles. Councilmember Tomlinson asked to be provided with
information on King County vehicles.
Councilmember Priest moved to authorize the purchase of the
vehicles as contained in the staff report; Second by Councilmember
Templeton. Motion passed as follows:
Tomlinson
Marks
Gintz
Priest
No
No
No
Yes
Gates
Stead
Templeton
Yes
Yes
Yes
In accordance with the City Council Rules of Procedure, Deputy
Mayor Joel Marks moved to continue the meeting past the 10:00 p.m.
adjournment time; Second by Councilmember Priest. Motion passed as
follows:
Tomlinson
Marks
Gintz
Priest
Vll.
Yes
Yes
Yes
Yes
Gates
Stead
Templeton
Yes
Yes
Yes
PUBliC HEARING
a.
School Facilities Plan
1.
city Staff Report
Paul Quarterman, Associate Planner, reviewed the staff report that
had been a part of the Council meeting packet. Linda Becker,
Federal Way School District representative, answered questions from
Councilmember Gates relating to funding. Mr. Quarterman concluded
his report and recommended the Council approve the plan. The
Council was told they will get information in the near future with
the impact fee ordinance on staff costs.
2.
Citizen Comment
There was no citizen comment.
Council Minutes
April 7, 1992
Page 9
3.
Ordinance Introduction/Council Bill #7
AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY,
WASHINGTON, APPROVING THE FEDERAL WAY SCHOOL DISTRICT NO.
210 CAPITAL FACILITIES PLAN AND AMENDING FEDERAL WAY CODE
TITLE 20.230 (ORDINANCE NOS. 90-40, 91-109, 91-114, AND
92-130) TO ADOPT THE FEDERAL WAY SCHOOL DISTRICT NO. 210
CAPITAL FACILITIES PLAN AS A CITY OF FEDERAL WAY SEPA
POLICY.
The Council concurred to place this ordinance on the next Council
Meeting Consent Agenda, on April 21, 1992, for enactment.
Vlli.
RESOLUTIONS
a.
Obtaining City Services (contracting)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, ESTABLISHING A POLICY ON THE PROVISION
OF MUNICIPAL SERVICES AND PROVIDING DIRECTION TO THE CITY
MANAGER ON THE USE OF PUBLIC AND PRIVATE SECTOR SERVICES.
Mr. Rod Hagenbuch, 3928 SW 313th street, Federal Way, Washington,
commented on the contracting issues.
Motion to approve the Contracting Resolution by Deputy Mayor Marks;
Second by Councilmember Priest. Deputy Mayor Marks read a prepared
statement which supported passage of this Resolution.
Councilmember Gates said she would support this concept because the
City of Federal Way has always operated in this manner.
Councilmember Templeton concurred with Councilmember Gates, but
said that he wouldn't support the Resolution because it contains no
meaningful changes. Councilmember Gintz said he would be
supportive and agreed with Resolution for potential cost-saving
efficiencies. Deputy Mayor Marks added comments about the recent
fact-finding trip to california relating to contracting.
Councilmember Tomlinson said he will support the Resolution.
Motion passed as follows:
Tomlinson
Marks
Gintz
Priest
Yes
Yes
Yes
Yes
Gates
Stead
Templeton
Yes
Yes
No
council Minutes
April 7, 1992
Page 10
b.
City & water/Sewer Merger
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DECLARING THE CITY I S INTENT WITH RESPECT
TO MERGER WITH THE FEDERAL WAY WATER AND SEWER DISTRICT
AND DECLARING FURTHER THE CITY'S INTENT TO WORK WITH THE
WATER AN SEWER DISTRICT TO IDENTIFY OPPORTUNITIES FOR
CONTRACTING, JOINT OPERATIONS, AND SHARING OF FACILITIES
AND STAFF.
Motion for approval by Councilmember Gates; Second by Councilmember
Gintz. Motion passed as follows:
Tomlinson
Marks
Gintz
Priest
Yes
Yes
Yes
Yes
Gates
Stead
Templeton
Yes
Yes
Yes
IX.
INTRODUCTION ORDINANCES
a.
Payment for Transcript/Council Bill #8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATING TO APPEALS UNDER THE
ENVIRONMENTAL POLICY, AND PROCESS II OF THE FEDERAL WAY
ZONING CODE PROVIDING FOR A REQUIREMENT OF PREPARATION OF
A WRITTEN TRANSCRIPT IN THE EVENT OF AN APPEAL FROM A
HEARING EXAMINER DECISION TO THE CITY COUNCIL AND
PROVIDING FOR PAYMENT THEREOF BY APPELLANT; AMENDING
FEDERAL WAY ORDINANCE NO. 90-40 AND ORDINANCE NO. 90-43.
The Council was told there were three (3) versions of the ordinance
included in their Council Meeting packet, as follows: (1) Planning
commission recommendation, (2) Costs to be borne by appellant, and
(3) city Council suggested alternatives. This ordinance (#3
alternative) will be on the April 21,1992 meeting agenda.
b.
Right-of-Way Activity/Council Bill 19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DEFINING USE OF PUBLIC RIGHTS-OF-WAY FOR
ORGANIZED ACTIVITIES; REQUIRING PERMITS AND PROVIDING FOR
EXEMPTIONS; PROCEDURES FOR APPLICATION PROCESSING,
REVOCATION AND DENIAL; AND ESTABLISHING CIVIL AND
CRIMINAL PENALTIES FOR VIOLATIONS.
This ordinance will be on the April 21, 1992 meeting agenda;
Councilmembers who have questions may ask them at that time.
council Minutes
April 7, 1992
Page 11
c.
criminal Code Amendment/Admissibility of BAC in DWI
Council Bill #10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, ADDING A SECTION TO THE CITY TRAFFIC
CODE, ORDINANCE 91-91, AUTHORIZING THE ADMISSIBILITY OF
BLOOD OR BREATH REFUSALS IN DWI AND PHYSICAL CONTROL
CASES.
Due to the necessity of having this ordinance effective as soon as
possible, Councilmember Marks moved to suspend the rules and vote
on enactment; Second by Councilmember Gates. Motion passed as
follows:
Tomlinson
Marks
Gintz
Priest
Yes
Yes
Yes
Yes
Gates
Stead
Templeton
Yes
Yes
Yes
Motion to approve Council Bill #10 by Councilmember Marks; Second
by Councilmember Gintz. Motion passed as follows:
Tomlinson
Marks
Gintz
Priest
Yes
Yes
Yes
Yes
Gates
Stead
Templeton
Yes
Yes
Yes
x.
CITY MANAGER REPORT
Mr. McFall reminded the Councilmembers they had copies of the
tentative agendas for upcoming meetings.
The Council was also reminded the April 21, 1992 meeting will be
held at Mark Twain School.
The City Manager said an executive session was needed this evening,
for discussion of property acquisition, for approximately 15
minutes; he suggested the city Manager evaluation be rescheduled to
another date and time.
XI.
CITY COUNCIL REPORTS
Councilmember Gates informed the Council of meetings she had
attended since the last Regular Council meeting.
Council Minutes
April 7, 1992
Page 12
XII.
EXECUTIVE SESSION
a.
To discuss property acquisition - RCW 42.30.110(b)
The Council recessed into Executive Session at 10:50 p.m. for 15
minutes. The Mayor announced that the City Manager Evaluation will
be reset. At 11:05 p.m., Kenneth Nyberg, Assistant City Manager,
announced an additional 5 minutes was needed to complete the
executive session.
XIll.
REGULAR SESSION RECONVENED
The Regular city Council meeting reconvened at the hour of 11:13
p.m.
a.
Property Acquisition
Councilmember Templeton moved to accept the staff recommendation on
the purchase of the spring Valley site as part of the King County
Open Space Bond Acquisition Program; Second by Councilmember
Priest.
Mayor Stead clarified this action as authorizing the city Manager
to enter into a binding agreement for the 43 acres of open space
land with the funds coming from the open Space Bond Issue.
Motion passed as follows:
Tomlinson
Marks
Gintz
Priest
No
Yes
Yes
Yes
Gates
Stead
Templeton
Yes
Yes
Yes
XIV.
ADJOURNMENT
The meeting adjourned at th