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.