Council MINS 08-11-1998 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
August 11, 1998 - 7:00 p.m.
*****
MINUTES
I.
CALL MEETING TO ORDER
Mayor Ron Gintz opened the regular meeting of the Federal Way City Council at the hour of 7:05
p.m., in Council Chambers, City Hall, Federal Way, Washington.
Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers
Jeanne Burbidge, Jack Dovey, Linda Kochmar and Phil Watkins. Councilmember Mary Gates
was excused.
City staff present: City Manager Kenneth E. Nyberg, Deputy City Manager Philip Keightley, City
Attorney Londi Lindell and City Clerk Chris Green.
II.
PLEDGE OF ALLEGIANCE
Councilmember Kochmar led the flag salute.
III.
PRESENTATIONS
a.
SPIRIT Award/Month of Au!!ust
Park Planning and Development Manager Jon Jainga was honored as the city's SPIRIT award
recipient for the Month of August, for his outstanding planning and development of the city's new
Knutzen Family Theatre facility; however, due to a family emergency, he was unable to attend.
He will receive his award at the next regular meeting on September 1.
b.
Federal Way Noon Rotary Presentation/Celebration Park Donation
Council member Dovey presented Dini Duclos, on behalf of the Noon Rotary, with a plaque of
appreciation for the club's monetary donation of $15,000 for the Celebration Park project.
IV.
CITIZEN COMMENT
Barbara Reid, as Parks/Recreation Commission Chair, thanked the LDS Church, Second Ward,
volunteers for their dedication and hard work in painting over graffiti on the Shurgard storage wall
on the boundary of Celebration Park.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 11, 1998 - Page 2 of7
H David Kaplan, Parks/Recreation Commissioner, reminded everyone of catalogue items for
Celebration Park fundraising; the committee has now raised $287,213 of the $350,000 goal.
V.
a.
b.
c.
d.
e.
f.
g.
h.
i.
CONSENT AGENDA
Minutes/July 21, 1998 RI\¡:ular Meetin¡:
Voucher/Au¡:ust 11 1998
Monthly Financial R~rt/Month of June 1998
Youth Commission Appointment
Family Fest Memorandum of Understandin¡:
Crown Point Sewer Rc:pair/PrQpOsed Interlocal A¡:reement/lOO% Completion and
Authority to Bid/Authority to Award Bid
B~iew Country Estates Plat Alteration/ APPROVED RES. NO. 98-275
Ado.pt-A-Stream PrQ¡:ramlDecatur Hi¡:h School
Midday Vanpool Services Grant PrQpOsal
Councilmember Kochmar pulled item (f) of the consent agenda, in order to recuse herself from
voting on the item.
MarION BY COUNCILMEMBER DOVEY TO APPROVE CONSENT AGENDA ITEMS (a),
(b), (c), (d), (e), (g), (h), (i); SECOND BY DEPUTY MAYOR PARK. Motion passed as
follows:
Item (f):
Burbidge
Gintz
Park
Dovey
Kochmar
Watkins
yes
yes
yes
yes
yes
yes
Crown Point Sewer Rc:pair/PrQpOsed Interlocal A¡reement/ I 00 % Completion and
Authority to Bid/Authority to Award Bid
MOTION BY COUNCILMEMBER WATKINS TO APPROVE CONSENT AGENDA ITEM (f);
SECOND BY COUNCILMEMBER DOVEY. Motion passed as follows:
VI.
Burbidge
Gintz
Park
Dovey
Kochmar
Watkins
yes
recuse
yes
yes
yes
yes
PUBLIC HEARING
Adult Entertainment/Retail Establishment Moratorium Renewal & Work Plan
or Expiration
Staff Report
Citizen Comment
City Council Deliberation
Resolution
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 11, 1998 - Page 3 of7
Mayor Gintz read a statement on conducting the public hearing on the moratorium renewal.
City Attorney Lindell made a brief presentation on legal issues, studies of secondary effects of
adult retail establishments and other sexually oriented businesses, recent court decisions and a
proposed staff work plan; she then responded to a variety of Council questions.
Mayor Gintz opened the public hearing at 7:30 p.m., and invited citizen comment.
Gil Brown, spoke in support of the moratorium and submitted a petition to the City Clerk
opposing the proposed retail store.
The following citizens spoke in support of extending the moratorium: Indy Putman of the Federal
Way School District, Tim Fletcher JaC'.qJleline Washinl:ton, Ismail Arslanl:i~, Mal:)' Jean
McGraw, Dawn Williams Ted Davis JQyce Ivol:)' Tina Andres William Mooth, Anl:ela Smith,
Ronelle McGraw John Harrison, Jon Sturtz Crail: Kessel, David Holtz and Debra Coates.
In lieu of speaking personally, Mayor Gintz was asked to read statements from the following
persons: Leonard Williams Jr , Celeste Mims Kurt StanlE:Y Kemi StanlE:Y Stephen Browne,
Linda Giffin, Yvonne Snorœland, Andrew Andre.~ Il:eenell Timmons, Anna Kessel; all in support
of extending the moratorium.
Also speaking in support of the moratorium were the following: Kari Kate, Dr Karen Galloso,
Randy VanWal:ner, Ma{y McGraw, R~ina Jones and Andrew Andres.
Mayor Gintz explained the city cannot ban adult entertainment retail stores---can only regulate.
He closed the public hearing at the hour of 8:20 p.m., and thanked citizens for taking the time and
having the courage to express their opinions.
Councilmembers also thanked citizens for speaking, followed by discussion on the proposed
resolution. City Attorney Lindell reported the city will be working on a draft ordinance, which
will then come back to the full Council for a work plan.
MarION BY COUNCILMEMBER BURBIDGE TO ADOPT THE RESOLUTION INCLUDED
IN ITEM VI OF THE CITY COUNCIL'S AUGUST 11,1998 PACKET, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING
FINDINGS OF FACT AND RENEWING A MORATORIUM FOR 6 MONTHS ON THE
ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING
AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, FOR ADULT
ENTERTAINMENT AND ADULT RETAIL USES; SECOND BY COUNCILMEMBER
KOCHMAR. Motion to approve RESOLUTION NO. 98-276 passed as follows:
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 11, 1998 - Page 4 of?
Burbidge
Gintz
Park
yes
yes
yes
Dovey
Kochmar
Watkins
yes
yes
yes
VII.
CITY COUNCIL BUSINESS
a.
So 312th StlSR99 to 23rd Ave So/Improvement Bid Award
MOTION BY COUNCILMEMBER WATKINS TO APPROVE ITEM (a) OF COUNCIL
BUSINESS; SECOND BY COUNCILMEMBER DOVEY. Motion passed as follows:
Burbidge
Gintz
Park
yes
yes
yes
Dovey
Kochmar
Watkins
yes
yes
yes
b.
SW 312th Stl14th Ave SW Pedestrian Improvements Bid Award
MOTION BY COUNCILMEMBER WATKINS TO APPROVE ITEM (b) OF COUNCIL
BUSINESS; SECOND BY COUNCILMEMBER DOVEY. Motion passed as follows:
Burbidge
Gintz
Park
yes
yes
yes
Dovey
Kochmar
Watkins
yes
yes
yes
VIII.
INTRODUCTION ORDINANCE
Council Bill #198/So 336th/SR 99 Condemnation
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION,
APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL
PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF
CONSTRUCTING AND INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN
THE VICINITY OF SOUTH 336TH STREET AND PACIFIC HIGHWAY
SOUTH, TOGETHER WITH ALL NECESSARY APPURTENANCES AND
RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT
IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN
THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY A TIORNEY
TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE
MANNER PROVIDED BY LAW FOR SAID CONDEMNATION.
City Clerk Chris Green read the ordinance summary.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August II, 1998 - Page 5 of7
MOTION BY COUNCILMEMBER WATKINS TO MOVE THE PROPOSED ORDINANCE TO
SECOND READING ON SEPTEMBER 1, 1998; SECOND BY COUNCILMEMBER DOVEY.
Motion passed as follows:
Burbidge
Gintz
Park
yes
yes
yes
Dovey
Kochmar
Watkins
yes
yes
yes
IX.
CITY MANAGER REPORT
City Manager Nyberg reported there were no responses necessary for the last meeting's citizen
comments. He announced the budget hearing process commenced this week with departmental
presentations.
Mr. Nyberg presented Councilmembers with a copy of the new brochure produced by the Federal
Way Department of Public Safety for the newly founded traffic school--a traffic safety education
for drivers who have been cited for a minor traffic infraction; it is designed to improve drivers
knowledge and understanding of traffic laws, as well as safe driving techniques and strategies.
The City Manager then invited Parks Director Jenny Schroder to update the Council on the progress
at Celebration Park. During the briefing, Ms. Schroder provided overhead photos of the latest
construction at the park location; she also thanked the LDS Church volunteers for assisting in graffiti
removal and painting of the Shurgard wall.
City Manager Nyberg reminded Councilmembers of the executive session for purposes of property
acquisition and potential litigation; personnel item was canceled.
X.
CITY COUNCIL REPORTS
Councilmember Dovey reported the next meeting of the Parks/Recreation/Pubic Safety/Human
Services Committee will be moved from August 24 to August 25, at 7:00 p.m.
Councilmember Watkins announced the Land Use/Transportation Committee will next meet on
August 17, at 5:30 p.m.
Councilmember Burbidge expressed her excitement of the progress at Celebration Park, and
reflected on the great response ftom the community during the recent grand opening activities at the
new Knutzen Family Threatre.
Councilmember Kochmar, on behalf of Chair Mary Gates, announced the next meeting of the
Finance/Economic Development/Regional Affairs Committee is scheduled for August 25, at the hour
of 5:30 p.m. She reported on the gala opening of the Knutzen Family Theatre, and reminded
everyone about the annual Fusion event being held tomorrow night at Dumas Bay Centre, as well
as the upcoming Family Fest festivities on August 29 and 30.
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 11, 1998 - Page 6 of7
Deputy Mayor Park reported on the Federal Way delegation's recent visit to Hachinohe, Japan and
Seoul, Korea, and Mayor Gintz echoed the accomplishments of city trip. They both felt the trip was
extremely successful with respect to opening up future economic development possibilities between
the cities.
XI.
EXECUTIVE SESSION
a.
b.
c.
Prc¡pe11y AcqJIisition/Pursuant to RCW 4230 1l0(1)(þ)
Potential Liti¡¡ation/Pursuant to RCW 4230 I JO(I)(j)
Personnel/Pursuant to RCW 42 30 llO( )(¡¡) (item canceled)
Mayor Gintz recessed the regular meeting at 8:50 p.m., for purposes of an executive session to
discuss property acquisition and potential litigation, and announced that action is expected
following the session. Item (c) has been canceled.
At the hour of 9:25 p.m., Deputy City Manager Keightley announced a IO-minute extension of
the executive session. At 9:35 p.m., Council returned to chambers and Mayor Gintz called the
regular meeting to order.
MOTION BY COUNCILMEMBER WATKINS TO DIRECT AND AUTHORIZE THE CITY
MANAGER TO CLOSE THE ACQUISmON OF CERTAIN REAL PROPERTY REQUIRED
BY THE CITY IN CONNECTION WITH THE STREET WIDENING PROJECT AT SO 312TH
ST EAST OF HIGHWAY 99, AND THE SO 336TH ST/SR99 STREET IMPROVEMENT
PROJECT, PURSUANT TO THE TERMS OF CERTAIN PURCHASE AND SALE
AGREEMENTS WITH VARIOUS PROPERTY OWNERS FOR THE PURCHASE PRICE
LISTED AND COVERING THE PROPERTIES LOCATED AT:
a)
31130 PACIFIC HIGHWAY SO, FEDERAL WAY, WA
SELLER: FRANCHISE FINANCE CORP OF AMERICA (JACK-IN-THE-BOX)
PURCHASE PRICE: $32,100.00
b)
33521 - 18TH AVE SO, FEDERAL WAY, WA
SELLER: MICHAEL JACOBS AND BEVERLY 1. JACOBS, HUSBAND AND
WIFE
PURCHASE PRICE: $8,550.00
c)
2825 SO 304TH ST, FEDERAL WAY, WA
SELLER: BORIS SCHEVCHUK AND IRINA SHEVCHUK, HUSBAND AND
WIFE
PURCHASE PRICE: $1,000.00
(THESE PROJECTS ARE PART OF THE TRAFFIC IMPROVEMENTS BEING MADE AS
PART OF THE 1995 VOTER APPROVED BOND ISSUE)
FEDERAL WAY CITY COUNCIL REGULAR MEETING MINUTES
August 11,1998 - Page 7 of7
SECOND BY COUNCILMEMBER DOVEY. Motion passed as follows:
Burbidge yes Dovey yes
Gintz yes Kochmar yes
Park yes Watkins yes
XII. ADJOURNMENT
There being no further business to come before Council, Mayor Gintz adjourned the regular meeting
of "" F«io»l W 'y City """,,"1 " "" boo, of 9'~ ~~~
N. C istine Green, CMC
City Clerk