Council MIN 08-15-1995 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City hall
August 15, 1995
I.
CALL MEETING TO ORDER
Mayor Gates called the regular meeting of the Federal Way City Council at 7:03 p.m., in
Council Chambers, City Hall, Federal Way, Washington.
City Council present: Mayor Mary Gates, Deputy Mayor Phil Watkins, Councilmembers Jack
Dovey, Hope Elder, Ron Gintz, Mike Park and Skip Priest.
City Staff present: City Manager Ken Nyberg, City Attorney Londi Lindell, City Clerk Chris
Green, Deputy City Clerk Bob Baker.
II.
PLEDGE OF ALLEGIANCE
Councilmember Jack Dovey led the flag salute.
III.
PRESENTATION
Mayor Gates read a proclamation regarding the Womans' Suffrage Diamond Jubilee and
presented the signed document to Ms. Kathy Jorgenson of the South King County League of
Women's Voters. Ms. Jorgenson stated she was pleased to receive this proclamation from a
City with a female Mayor and City Attorney.
IV.
CITIZEN COMMENT
Cheri-Harris Smith spoke in favor of Celebration Park and announced the formation of a citizens
group called "Lets Build Celebration Park." She will chair the organization. Betty Huff stated
she is pleased with Celebration Park and urged the Council to keep their sites on a cultural
center for Federal Way. Diane Sweney spoke in support of bond issue re: Celebration Park and
looks forward to raising money for a performing arts center. John Rand spoke in support of
Celebration Park/Bond issue and a performing arts center in the future. Joy Melgard stated
"Let's get on with Celebration Park." Carla Sawyer spoke in favor of the bond issue. Jim
Baker commented this night marks the end of 3 years of hard work and decisions toward a very
wonderful goal. Wendy Howe thanked the council for allowing her to be part of the task force.
H. David Kaplan spoke in favor of Celebration Park. Steve Henderson spoke in favor of
enactment of the adult entertainment ordinance amendment and Celebration Park, but is opposed
to public funds being used in this way. Larry Nordberg spoke against the newly enacted Sign
ORIGINAL
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 15, 1995 - PAGE 2
Code Ordinance and suggested the Council reconsider the ordinance. Sam Atkinson spoke
against police spending time at Deja Vu and felt they should spend more time patrolling.
v.
CONSENT AGENDA
a.
b.
Minutes/August 1 Special/Study Session & Regular Meeting
Enactment Ordinance/Council Bill #1 17/Bond Issue
APPROVED ORDINANCE #95-240
Enactment Ordinance/Council Bill #118/Adult Entertainment Amendment
APPROVED ORDINANCE #95-241
Proposed Use of 1996 CDBG Funds
Human Services Policy Statement
Policy Amendment/Replacement Reserves for Leased & Contributed Equipment
Bid Approval/Visitation Retreat & Cultural Center ADA Improvements
King County Interlocal/Traffic Services
c.
d.
e.
f.
g.
h.
Deputy Mayor Watkins pulled consent item (a) for correction; Councilmember Priest pulled
consent item (c) for further discussion.
Councilmember Gintz moved to adopt items (b), (d), (e), (f), (g) & (h); second by
Councilmember Dovey. Motion carried as follows:
Gates
Park
Gintz
Priest
Watkins
Dovey
Elder
yes
yes
yes
yes
yes
yes
yes
Item (a): Deputy Mayor Watkins noted clerical errors on Pages 2 and 8 of the August 1
regular meeting minutes and moved corrections be made regarding the same; second by
Councilmember Dovey. Motion carried as follows:
Gates
Park
Gintz
Priest
Watkins
Dovey
Elder
yes
yes
yes
yes
yes
yes
yes
.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 15, 1995 - PAGE 3
Item (c): Councilmember Priest pulled item (c) for further discussion. City Attorney Londi
Lindell provided briefing including proposed amendment highlights. She stated the ordinances
seeks to mitigate the secondary effects of adult entertainment. She reported King County
Superior Court Judge Shapiro has concluded, from other, similar cases, the amendment, as
proposed, is constitutional as it regulates conduct not expression. Expressive dance is protected,
but illegal activity is not. Ms. Lindell played a video-tape taken by undercover officers who
visited Deja Vu wherein illegal activities occurred. Attorney Lindell answered various questions
asked by the Council and assured them the ordinance was merely regulating the conduct of the
dancers and not putting them out of business.
Councilmember Elder moved for enactment of Council Bill #118; second by Councilmember
Priest. Motion carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
VI.
PUBLIC HEARING
Mayor Gates announced the appeal of Pavilions Centre had been withdrawn and there would be
no public hearing on the matter.
VII.
INTRODUCTION ORDINANCES
a.
Council Bill #119/Civil Service Commission
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
CREATING A POLICE CIVIL SERVICE COMMISSION, ESTABLISHING
ELIGIBILITY, TERMS AND APPOINTMENT TO SUCH COMMISSION,
PROVIDING FOR THE REMOVAL OF COMMISSIONERS, DEFINING
POWERS AND DUTIES AND CREATING A METHOD FOR FILLING
VACANCIES.
Mayor Gates conducted the first reading of Council Bill #119.
Councilmember Elder moved to set aside the rules and have the enactment reading tonight;
City Manager Nyberg stated there was no emergency on this matter and no need to set aside
the rules. Council member Elder then withdrew her motion.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 15, 1995 - PAGE 4
Councilmember Elder moved to continue the matter to enactment reading on September 5,
1995; second by Councilmember Dovey. The motion carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
b.
Council Bill #120/1995 Budget Adjustment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE,
REVISING THE 1995 BUDGET (AMENDS ORDINANCE 94-225 AND 95-
233)
Mayor Gates conducted the first reading of Council Bill #120. Deputy Mayor Watkins
moved to continued the matter to enactment reading on September 5, 1995; second by
Councilmember Dovey. The motion carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
VIII.
CITY COUNCIL BUSINESS
a.
Celebration Park Update
Jennifer Schroder gave an update on Celebration Park. She stated all items are progressing;
the SEPA checklist is complete and design/services are still being negotiated.
b.
Proposed Change to Commission Tenus
Deputy Mayor Watkins moved to approve the expiration calendar as presented; second by
Councilmember Elder.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 15, 1995 - PAGE 5
The motion to approve the term calendar carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
Mayor Gates instructed the City Attorney to make the necessary changes to existing
ordinances which are affected by this change.
c.
Change of Regular Meeting Dates for 9/19 & 11/7
Deputy Mayor Watkins moved to change the 9/19/95 meeting date to 9/20/95 and the
11/7/95 meeting date to 11/8/95; second by Councilmember Elder.
The motion for changes in meeting dates carried as follows:
Gates yes Watkins yes
Park yes Dovey yes
Gintz yes Elder yes
Priest yes
d. RCAA Update (heard after City Managers Report)
Mr. Townsend addressed the Council and explained the organization is in good hands and
requested continued funding for the rest of this year. Mr. Stuart Creighton briefed the
Council and related there is a response to the third runway EIS in a three - volume set which
he provided to Council. RCAA plans to hire an outreach director early 1996.
Deputy Mayor Watkins questions Mr. Creighton re: timelines for EIS and a replacement for
Matt Rosenburg. Also asked was the disposition of lh years' salary of Mr. Rosenburg.
Mr. Creighton stated the money is being used in the best possible way and Federal Ways'
share is $5 Thousand. Councilmember Gintz moves to reduce funding to RCAA.
Greg Fewins addressed and supports the direction of Council.
Councilmember Gintz would like to have the matter heard by the Land Use Committee in
1996 allowing Council the opportunity for input. Council member Elder agreed. A formal
motion is unnecessary for this item and none was made.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 15, 1995 - PAGE 6
Councilmember Priest moved to direct staff to continue current contract services through
December 31, 1995, deducting $5,000.00 payment for RCAA Executive Director position
until filled; second by Councilmember Elder. Brief discussion ensued.
The motion carried as follows:
Gates
Park
Gintz
Priest
yes
yes
yes
yes
Watkins
Dovey
Elder
yes
yes
yes
The issues shall be heard by the Land Use Committee in 1996.
e.
METRO Update
City Manager Nyberg confirmed this matter had been stricken from the agenda.
IX.
CITY MANAGER REPORT
A press release was issued today which noted the firm of Jenson, Oldani & Cooper had
been hired to recruit the first permanent Police Services Director. Further, Mr. Nyberg
informed Council the firm would like to interview each of them before hiring the Director.
The City Clerk's Office was instructed to schedule those interviews.
Ken Nyberg announced budget hearings began today and should be completed by Friday,
August 18.
Ken Nyberg & Philip Keightley will be gone two days next week attending the Washington
City Managers Conference in Ocean Shores, WA. He informed Council he'd provide them a
memo informing them of the days he and Mr. Keightley would be absent.
x.
CITY COUNCIL REPORTS
Councilmember Park announced today marked the 50th Anniversary of Korea's version of
Independence Day -- the day the Japanese emperor surrendered.
Councilmember Priest announced the next Land Use/Transportation Committee meeting is set
for August 28, 1995.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 15, 1995 - PAGE 7
Councilmember Gintz announced the next Finance Committee Meeting is set for August 31,
1995. Next, he said he'd like to take Councilmember Park to task about having items
translated from the Korean newspaper into the Federal Way news as he looks for what's
going on in the Korean Community.
Councilmember Dovey attended a Parks/Recreation Committee Meeting today; he's excited
about the bond issue going to the public. The next Parks/Recreation Committee meeting is
set for September 11, 1995.
Councilmember Elder attended FUSION on August 4, 1995. She is signed up for the
Citizens in the Police Academy Program beginning September 13, 1995. Her Wednesday
nights will be devoted to that for 13 weeks. She announced a Housing Forum at Visitation
Retreat & Cultural Center on August 23, 1995; and then next Public Safety & Human
Services Committee meeting is set for September 7, 1995 at 7:30 a.m.
Deputy Mayor Watkins stated he has received phone calls from three citizens thanking him
for enforcing the sign code amendment as recently adopted. He thanked the City staff for
the enforcement.
Mayor Gates attended a SCATBRd meeting this morning and she would gather some
mobility materials and distribute them to other Councilmembers. She noted Diane Harper
would be providing written memos regarding numbers/items requested from Councilmembers
to ensure a more solid picture of what is anticipated/expected/promised. Mayor Gates
announced she is participating in the interviews for Executive Director for the RTA
tomorrow afternoon. She discussed the bus shelter memo and requested specific questions
and concerns be given to her in order to have them addressed in the appropriate forum.
Mayor Gates announced an executive session was necessary for possible litigation and
recessed the regular meeting at 8:56 p.m.
XI.
EXECUTIVE SESSION
Potential Litigation/Pursuant to RCW 42.30.110(1).
At 9:08 p.m. Mr. Keightley announced a 5-minute extension of time was necessary.
At 9: 18 p.m. Mr. Keightley announced another 5-minutes extension of time was necessary.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
AUGUST 15, 1995 - PAGE 8
xu.
ADJOURNMENT
At 9:25 p.m., Mayor Gates reconvened the regular meeting with no action being taken from
the executive session.
There being no further business to come before the Council, the regular meeting of the
Federal Way City Council adjourned at the hour of 9:25 p.m.
~rl.&k-
Robert H. Baker
Deputy City Clerk