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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