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Council MINS 07-20-1999 Regular FEDERAL WAY CITY COUNCIL REGULAR MEETING JULy 20,1999 - 7:00 PM MINUTES **** I. CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:03 PM in the Council Chambers at City Hall. Council Present: Mayor Gintz, Deputy Mayor Park, Councilmembers Gates, Kochmar, and Watkins. Councilmembers Burbidge and Dovey had excused absences. Staff Present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, Assistant to the City Manager Derek Matheson, City Attorney Landi Lindell, and Deputy City Clerk Laura Ulanowski. ll. PLEDGE OF ALLEGIANCE Councilmember Gates led the Pledge of Allegiance. III. PRESENTATIONS City Manager Kenneth Nyberg presented the July SPIRIT Award to Officer John Stray who was unable to attend the July 6, 1999 City Council meeting. a. Proclamation/National Ni~ht Out 1999 Mayor Gintz proclaimed August 3, 1999 as National Night Out and presented the Proclamation to Deputy Chief Brian Wilson. b. Ethics Board Introduction/Certificate of Appointment Deputy Mayor Park introduced Bill Linehan as the newest member of the Ethics Board and presented him with his Certificate of Appointment. c. Diversity Commission Introductions/Certificates of ADoointment Deputy Mayor Park introduced Prakash Meloot, Ron Walker, and Tito Hinojos as regular members of the Diversity Commission, and Debra Robinson and Pilar LeMay as alternates, and presented each of them with their Certificates of Appointment. OR' GINAL City Council Regular Meeting July 20, 1999 - Page 2 d. Emerl:in~ Issues City Manager Kenneth Nyberg stated there would be no Emerging Issues report. IV. CITIZEN COMMENT Barbara Reid, spoke in opposition to the proposed adult entertainment ordinance stating it would concentrate all adult entertainment businesses in one area. Bill Linehan, asked Council not to cluster the adult entertainment businesses in one area. Walter Olsen, Attorney for Angelo Usibelli, owner of T&A Video. Stated his client objects to the proposed adult entertainment ordinance and asked Council to consider free speech; stated Mr. Usibelli conducts his business in a legal manner and stated there is no objective information to substantiate the claims that adult entertainment businesses cause adverse secondary effects. Mr. Olsen stated his client Mr. Usibelli stands ready to protect his legitimate business interest. Don Davisson, stated he is opposed to the clustering of adult entertainment businesses, believes litigation will occur regardless of the way Council votes and asked Council to make the decision based on what the majority of citizens want and stand up for what they believe. V. a. b. c. d. e. f. CONSENT AGENDA Minutes/July 6. 1999 R~~ular Meetinl:- ADpTOved Council Bill #2l9/Adult Entertainment. Activity. Retail or Use/ Enactment Ordinance - Postponed to Aul!Ust 3. 1999 Council Bill #226/Courtyard Villa!!e Develonment A~reement/Enactment Ordinance ADTJTOved: Ordinance #99-346 Public Safety Disnatch Services - ADoTOved Reauest for Community Development Services Develo¡>ment Snecialist Position - ADTJTOved Parks Equinment Replacement - ADTJTOved COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA. DEPUTY MAYOR PARK SECOND. Councilmember Kochmar pulled Consent Item (b) - Adult Entertainment, Activity, Retail or Use Enactment Ordinance. Councilmember Watkins pulled Consent Item (d) - Public Safety Dispatch Services. City Council Regular Meeting July 20, 1999 - Page 3 The motion to pass consent items (a), (c), (e) and (f) carried 5-0 as follows: Gates Kochmar Watkins yes yes yes Gintz Park yes yes Councilmember Kochmar asked staff for a presentation regarding the proposed Adult Entertainment Ordinance. Community Development Director Stephen Clifton reviewed the history and time-line of the proposed ordinance; City Attorney Landi Lindell discussed the amortization provision and commented on citizen's concerns of clustering adult entertainment establishments. MOTION BY COUNCILMEMBER KOCHMAR TO POSTPONE THE ADULT ENTERTAINMENT, ACTIVITY, RETAIL OR USE ENACTMENT ORDINANCE TO THE AUGUST 3, 1999 REGULAR CITY COUNCIL MEETING IN ORDER TO HAVE ALL COUNCILMEMBERS PRESENT. COUNCILMEMBER WATKINS SECOND. The motion carried 5-0 as follows: Gates Kochmar Watkins yes yes yes Gintz Park yes yes Consent Item (d) - Public Safety Dispatch Services - Derek Matheson, Assistant to the City Manager explained approval of this item authorizes the City Manager to bring back to Council an interlocal agreement with the Cities of Auburn, Kent, Renton, and Tukwila to provide for Federal Way ownership in Valley Com, and an interlocal agreement with the Federal Way Fire Department to address the Department's relationship with the City and transition to Valley Com. COUNCILMEMBER WATKINS MOVED APPROVAL OF THE PUBUC SAFETY DISPATCH SERVICES. COUNCILMEMBER GATES SECOND. The motion carried 5-0 as follows: Gates Kochmar Watkins yes yes yes Gintz Park yes yes VI. CITY COUNCIL BUSINESS Cancellation of August 17. 1999 Re~ular Meetin~ MOTION BY COUNCILMEMBER WATKINS TO SUSPEND THE RULES AND CANCEL THE AUGUST 17, 1999 REGULAR CITY COUNCIL MEETING. COUNCILMEMBER KOCHMAR SECOND. The motion carried 5-0 as follows: City Council Regular Meeting July 20, 1999 - Page 4 Gates Kochmar Watkins yes yes yes Gintz Park yes yes VII. CITY COUNCIL REPORTS Councilmember Watkins stated the next Land Use/Transportation Committee meeting is scheduled for July 28, 1999 at 8:30 AM. Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for July 27, 1999 at 5:30 PM and updated Council On Regional Transit issues. Councilmember Kochmar reported she rode-along with the Public Safety Department, and invited citizens to contact the Public Safety Department if they are interested in going on a ride-along themselves. Councilmember Kochmar also reported for Councilmember Dovey that the next meeting of the Parks/Recreation/Human Services/Public Safety Committee is scheduled for July 26, 1999 at 12:00 noon. Deputy Mayor Park reported the City Manager Search Committee received 75 applications for the City Manager position and the Committee will review and evaluate the applications at its next meeting scheduled for July 26, 1999 at 9:30 PM. VIII. CITY MANAGER REPORT City Manager Kenneth Nyberg stated the City has been notified of a CDBG funding increase and there will be a special meeting to decide how to allocate the additional funds; Court Administrator Sandra Warter started with the City On July 19,1999. Mr. Nyberg thanked the City Attorney's Office and the Public Safety Department for their efforts in the Martinez Inquest; stated Family Fest is scheduled for August 27-29, 1999 and there will be a City Council Special Meeting/Retreat on June 24, 1999 from lOAM - l2PM. Mr. Nyberg stated Council will hold an Executive Session to discuss litigation pursuant to RCW 42.30.110(1)(i) anticipated to last 20 minutes with no action expected. IX. EXECUTIVE SESSION Liti~ation/Pursuant to RCW 42.30.110(1)(Í) Council adjourned to executive session at 7:55 PM. Deputy City Manager Philip Keightley announced at 8:22 PM that another 10 minutes were necessary . Mayor Gintz reconvened to regular session at 8:25 PM. City Council Regular Meeting July 20, 1999 - Page 5 x. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the regular session at 8:25 PM.