Council MINS 03-21-2000 Regular
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
March 21, 2000
MINUTES
I.
CALL MEETING TO ORDER
Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of
7:04 p.m.
Council members present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Council members
Jeanne Burbidge, Mary Gates, Michael Hellickson, Dean McColgan and Phil Watkins.
City staff present: City Manager David Moseley, City Attorney Londi Lindell and City Clerk
Chris Green.
II.
PLEDGE OF ALLEGIANCE
Council member Watkins led the flag salute.
III.
PRESENTATIONS
a.
Proclamation/Sister City of Tonghae 20th Anniversary of Incorporation
Deputy Mayor Kochmar presented the proclamation for the Sister City of Tonghae's 20th
Anniversary of Incorporation to Lise Church, President of the Sister City Association, who
accepted the proclamation on behalf of the Association, noting it is an honor and an example of
goodwill, friendship and cultural exchange; she is looking forward to the upcoming trip to
Tonghae, with their representatives being accompanied by members of the City Council and city
staff.
b.
Proclamation/Boys & Girls Club lOa'h Birthday
Mayor Park postponed the presentation until April 18,2000, as the club's representative was
unable to attend tonight's meeting and accept the proclamation.
ORIGINAL
Federal Way City Council Regular Meeting Minutes
March 21, 2000 - Page 2
c.
City Manager/Introduction of New City Employees
City Manager David Moseley reported there are no new employees to introduce at this time.
d.
City Manager/Emerging Issues
City Manager David Moseley reported there are no emerging issues.
IV.
CITIZEN COMMENT
Clare Brown and Hannah Bridges, requested sponsorship donations in support of their
representation of the community in two international soccer tournaments in Denmark and Sweden;
they will be participating with athletes from 65 different countries. Deputy Mayor Kochmar
announced that any citizens wishing to make monetary donations may contact the City Manager's
Office for additional information.
Alison Corrigan, representing the Greater Federal Way Chamber of Commerce reported on the
"Community Literacy Celebration" program currently running through April 1'1. The Chamber is
currently recruiting for the next" Advancing Leadership"class. She also updated Council on
various statistics relating to tourism in this region, and the progress of implementing the "Federal
Way Bucks" program to allow a voucher-type program for local hotels and restaurants.
Randy Nei!.!hbor, expressed his concern regarding the pending property condemnation associated
with the Rosewood and Silverwood plat developments.
Wayne Moritz, President of Centerstage Board of Trustees, discussed the community confusion
with the current identification/association between Centerstage and the Knutzen Family Theatre--
he reminded citizens that Centerstage is not a city-run entity, it is privately funded and operated.
Joe Clancy, asked for clarification of concerns regarding the Rosewood and Silverwood plat
developments and subsequent hearings.
V.
e.
f.
CONSENT AGENDA
a.
b.
Minutes/March 7 2000 Regular Meeting - Approved
Council Bill #245/Parks & Recreation Commission Code Amendment/
Enactment Ordinance - Approved Ordinance #00-366
Council Bill #246/Criminal Code Amendments/Enactment Ordinance - Approved
Ordinance #00-367
So Campus Bible School Preliminary Plat/Resolution - Approved
Resolution #00-311
Human Services Commission 2000 Work Plan - Approved
Use of City Human Services Funds for City Programs - Approved
c.
d.
Federal Way City Council Regular Meeting Minutes
March 21,2000 - Page 3
g.
h.
i.
Federal Way 2000 Tourism Pro!.!ram - Approved
Consultant Selection for Facility Feasibility Study/Tourism Plan - Approved
AT&T I-Net Interlocal Agreement - Approved
South County Area Transportation Board Interlocal A!.!reement - Approved
j.
COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT AGENDA AS
PRESENTED; DEPUTY MAYOR KOCH MAR SECOND.
Council member Gates pulled Consent Item (i): AT & T I-Net Interlocal Agreement.
Councilmember Watkins pulled Consent Item (g): Federal Way 2000 Tourism Program.
Motion to approve Consent Items (a), (b), (c), (d), (e), (I), (h) and û) passed as follows:
Burbidge
Gates
Hellickson
Kochmar
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
yes
Consent Item (g): Federal Way 2000 Tourism Program
COUNCILMEMBER WATKINS MOVED APPROVAL OF CONSENT ITEM (g):
FEDERAL WAY 2000 TOURISM PROGRAM: COUNCILMEMBER GA TES SECOND.
COUNCILMEMBER WATKINS MOVED TO AMEND THE MAIN MOTION, DELETING
THE $10,000.00 ITEM FROM THE TOURISM PROGRAM; COUNCILMEMBER
HELLICKSON SECOND. The amendment failed as follows:
Burbidge no McColgan no
Gates no Park no
Hellickson yes Watkins yes
Kochmar no
The main motion to approve Consent Item (g): Federal Way 2000 Tourism Program passed as
follows:
Burbidge
Gates
Hellickson
Kochmar
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
yes
Consent Item (i): AT&T I-Net Interlocal Agreement
COUNCILMEMBER BURBIDGE MOVED APPROVAL OF CONSENT ITEM (I): AT&T
I-NET INTERLOCAL AGREEMENT; COUNCILMEMBER MCCOLGAN SECOND.
Federal Way City Council Regular Meeting Minutes
March 21, 2000 - Page 4
COUNCILMEMBER GATES MOVED TO AMEND SECTIONS OF THE
INSTITUTIONAL NETWORK AGREEMENT BETWEEN TCI CABLEVISION OF
WASHINGTON, INC., CABLE TV PUGET SOUND, INC., AND THE CITY OF
FEDERAL WAY ("Agreement") AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF; COUNCILMEMBER BURBIDGE SECOND. The
amendment to the main motion passed as follows:
Burbidge
Gates
Hellickson
Kochmar
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
yes
The main motion, as amended, to approve Consent Item (i): AT&T I-Net Inlerlocal Agreement
passed as follows:
Burbidge
Gates
Hellickson
Kochmar
VI.
yes
yes
yes
yes
McColgan
Park
Walkins
CITY COUNCIL BUSINESS
yes
yes
yes
Cancellation of April 4. 2000 Reg.ular Council Meeting.
DEPUTY MAYOR KOCHMAR MOVED TO SUSPEND COUNCIL RULES TO CANCEL
THE APRIL 4, 2000, REGULAR CITY COUNCIL MEETING; COUNCILMEMBER
HELLICKSON SECOND. The motion passed as follows:
Burbidge
Gates
Hellickson
Kochmar
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
yes
DEPUTY MAYOR KOCHMAR MOVED TO CANCEL THE APRIL 4,2000, REGULAR
CITY COUNCIL MEETING AS FOUR OF THE SEVEN COUNCILMEMBERS WILL BE
IN ASIA ON THE SISTER CITY VISITATION; COUNCILMEMBER BURBIDGE
SECOND. The motion passed as follows:
Burbidge
Gates
Hellickson
Kochmar
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
yes
Federal Way City Council Regular Meeting Minutes
March 21, 2000 - Page 5
VII.
INTRODUCTION ORDINANCES
a.
Council Bi1l #247/2000 Budget Carry-Forward Adjustment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE,
REVISING THE 1999-00 BIENNIAL BUDGET (AMENDS ORDINANCE 98-
325,99-338,99-345 AND 99-356).
COUNCILMEMBER GATES MOVED COUNCIL BILL #247 TO SECOND
READING/ENACTMENT AT THE REGULAR MEETING ON APRIL 18, 2000;
COUNCILMEMBER BURBIDGE SECOND. The motion passed as follows:
Burbidge
Gates
Hellickson
Kochmar
b.
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
yes
Council Bill #248/Valley Com Interlocal Agreement
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, APPROVING THE FORMATION OF THE VALLEY
COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY.
COUNCILMEMBER BURBIDGE MOVED TO AUTHORIZE THE CITY MANAGER TO
SIGN THE REVISED INTERLOCAL AGREEMENT PROVIDING FOR OWNERSHIP IN
VALLEY COMMUNICATIONS, DATED MARCH 20, AND CONTAINING
CLARIFICATIONS SUGGESTED BY THE PARKS/RECREATION/HUMAN
SERVICES/PUBLIC SAFETY COMMITTEE; DEPUTY MAYOR KOCHMAR SECOND.
The motion passed as follows:
Burbidge
Gates
Hellickson
Kochmar
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
yes
COUNCILMEMBER BURBIDGE MOVED COUNCIL BILL #248 TO SECOND
READING/ENACTMENT AT THE APRIL 18, 2000, REGULAR MEETING. The motion
passed as follows:
Burbidge
Gates
Hellickson
Kochmar
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
yes
Federal Way City Council Regular Meeting Minutes
March 21,2000 - Page 6
VIII.
CITY COUNCIL REPORTS
Councilmember Gates reported the next meeting of the FinancelEconomic Development/Regional
Affairs Committee will be held on April 25th at 2:00 p.m. She and Pub]ic Works Director Cary
Roe attended the South County Caucus regarding transit cuts on March 10"' ; she also attended the
City of SeaTac central link light rail meeting on March 15"" and will be attending the Tacoma
meeting on March 22"d. Council member Gates recognized the following Federal Way businesses
for reaching "PaceSetter" status, a program to reduce employee commute trips: Bank of America,
Group Health, Highline Community College, Puget Sound Energy, REI, Seattle Bulk Mail
Center- Federal Way, Starbucks Coffee Company, St. Francis Hospital, UW Physicians, Virginia
Mason Medical Center, Washington Mutual Savings Bank, Weyerhaeuser and World Vision. She
also extended congratulations to colleague Council member Jeanne Burbidge for being selected to
serve as Vice-Chair of the Regional Law/Public Safety/Justice Committee.
Council member Burbidge reported on her recent attelÍdance at the Puget Sound Regular Council
General Assembly on transportation planning with Mayor Park and Deputy Mayor Kochmar, and
also attended the latest meeting of the South County Area Transportation Board. She announced
she will be reporting for jury duty on March 22"". The next meeting of the Parks/Recreation/
Human Services Committee will be held on April 10"' at 12:00 noon.
Council member Hellickson reported he will be attending the upcoming trip to Asia since the city
has now received corporate monetary support for the trip.
Council member Watkins reported the next meeting of the Land Use/Transportation Committee
will be held on April3,d at 5:30 p.m.
Councilmember McColgan had no report.
Deputy Mayor Kochmar reported on her attendance at the Puget Sound Regular Council General
Assembly on transportation planning; in addition she noted the Wells Fargo Bank is sponsoring the
"Relay for Life" in an effort to raise money for the American Cancer Societyuteams of ten will be
walking for 24 hours. She announced she will be attending the Sister City trip to Asia with Mayor
Park and Council members Hellickson and McColgan from March 29th through April 7110.
Mayor Park reported the Oversight Committee will meet March 22"" at ]0:00 a.m.
IX.
CITY MANAGER REPORT
City Manager David Moseley reported on the issue raised at this year's Council retreat of enabling
citizens to become a part of the upcoming budget process. He announced there will be a citizen
survey incorporated with the next issue of the City Update/Newsletter to encourage citizen
participation. The city will also sponsor two community meetings--the first to be held at Decatur
High School, Tuesday, March 28"' from 7:00 p.m. to 9:00 p.m., and the second at the SeaTac
Federal Way City Council Regular Meeting Minutes
March 21, 2000 - Page 7
Mall, Tuesday, April 13110 from 6:00 p.m. to 8:00 p.m; a representative from each department will
be on hand to answer citizen questions.
He reported the quarterly Korean Leaders meeting will be held March 23"d from 6:30 p.m. to
8:30 p.m., in Council Chambers; it will focus on topics such as the 2000 Census, the Sister City
Association, public safety and the municipal court.
City Manager Moseley announced his decision to rescind the ongoing hiring freeze after achieving
substantial savings from the current reduction in staff, which allows the Council flexibility in
dealing with the shortfalls from the passage of 1-695. He noted there are currently 12.5 positions
which have been affected, accounting for approximately 6%-8% reduction in personnel
expenditures. As new vacancies become open, each department will re-evaluate their staffing
needs. The City Manager expressed his appreciation to staff as they have absorbed the additional
work load due to the vacant positions.
He also addressed issues brought to his oftìce by citizen complaints regarding AT&T's new
unsightly cable boxes and outages from upgrading of local cable services. AT&T is aware of these
outages, reporting they are unavoidable in most situations, however, they are making every effort
to minimize them. AT&T is granting discounts to customers where there cable service has been
disrupted for longer than a brief period of time.
City Manager David Moseley announced he will also be out of the office March 29"' through April
7110, while participating in the Sister City trip to Asia; in his absence, City Attorney Londi Lindell
will serve as Acting City Manager.
He reminded Council of the necessity of an executive session to discuss pending litigation and
property acquisition, with the possibility of potential action on the property acquisition following
the session.
X.
EXECUTIVE SESSION
a.
b.
Pending Litigation/Pursuant to RCW 42.JO.IlO( I )(i)
Property Acquisition/Pursuant to RCW 42.JO.IIOn )(c)
At 8:05 p.m., Mayor Park announced Council will recess to an executive session for 30 minutes.
At 8:35 p.m., Assistant to the City Manager Derek Matheson announced an additional 30 minutes
for the executive session. At 9:00 p.m., Mr. Matheson announced approximately 15 minutes was
needed to conclude the executive session. Council returned to chambers at 9:07 p.m.
COUNCILMEMBER WATKINS MOVED TO DIRECT AND AUTHORIZE THE CITY
MANAGER TO ENTER INTO ANY NECESSARY PURCHASE DOCUMENTS FOR THE
ACQUISITION OF REAL PROPERTIES LISTED BELOW REQUIRED BY THE CITY IN
Federal Way City Council Regular Meeting Minutes
March 21,2000 - Page 8
CONNECTION WITH THE STREET WIDENING PROJECT AT 23RIJ A VENUE S. (S.
317T11 TO S. 324111) FOR FAIR MARKET VALUE, AS DETERMINED BY APPRAISALS,
AND DIRECT THE CITY ATTORNEY TO CLOSE THE TRANSACTIONS:
PARCEL NO. 242320-0020-07 WASHINGTON FEDERAL SA VINGS & LOAN
PARCEL NO. 092104-9299-03 CRA TENBERG, ANDREW C. AND LUETTA M.
PARCEL NO. 092104-9051-01 G. HENBART COMPANY
PARCEL NO. 092104-9272-04 MCDONALD'S CORPORATION
PARCEL NO. 092104-9298-04 MOTT, SHERI
PARCEL NO. 242320-0050-00 SEA-TAC PLAZA
PARCEL NO. 092104-9030-07 FIR ASSOCIATES
PARCEL NO. 162104-9028-02 FW TOWNE SQUARE, LLC
PARCEL NO. 092104-9276-00 FEDERAL WAY JOINT VENTURE
PARCEL NO. 762240-0010-03 H.M.A. ENTERPRISES - SEATAC MALL
PARCEL NO. 092104-9042-03 FEDERAL WAY JOINT VENTURE
PARCEL NO. 092104-9176-00 FEDERAL WAY BUILDING, LLC:
COUNCILMEMBER GATES SECOND. The motion passed as follows:
Burbidge
Gates
Hellickson
Kochmar
yes
yes
yes
yes
McColgan
Park
Watkins
yes
yes
yes
XI.
ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor Park
adjourned the regular meeting at the hour of 9:09 p.m.
") ~-4
N. Christine Green. CMC
City Clerk
MARCH 21, 2000 CITY COUNCIL AGENDA ITEM NO. V(I)
STIPULATED AMENDMENTS TO INSTITUTIONAL NEìWORK AGREEMENT
BEìWEEN TCI CABLEVISION OF WASHINGTON, INC., CABLE TV PUGET
SOUND, INC., AND THE CITY OF FEDERAL WAY ("Agreement") PROPOSED
BY COUNCIL MEMBER MARY GATES:
I hereby move to amend the Institutional Network Agreement Between TCI
Cablevision of Washington, Inc., Cable TV Puget Sound, Inc., and the City of
Federal Way ("Agreement") as follows:
Section 5. Future Facilities. Additional sites, not listed in Exhibit B and within current or
future City limits, may be added to the I-Net following completion of current system upgrade~ at
the City's expeRts. Upon request from the City, AT&T Cable Services shall submit to the City an
estimate of the fully allocated cost of construction to the site. The City shall, within sixty (60) days
of receipt of the cost estimate, accept or reject the project. If the City accepts the estimate, A T& T
Cable Services will timely construct a fiber connection to the additional site(s) and upon
completion, invoice the City for construction costs in an amount not to exceed the estimate...Q[
pass throuQh to subscriber, at the CitY's election. However. in no event shall such pass-throuQh
costs be more than One Dollar ($1.00) per subscriber per month.
Section 6. Fiber Construction and Termination. Fiber will be constructed and terminated
in accordance with the Franchises, this Agreement and AT&T Cable Services' standard practices,
including but not limited to practices concerning connectorization. AT&T Cable Services will be
allowed to utilize City-owned conduit capacity at no charge for fiber construction if such conduit is
available in the foreseeable future as determined by the City, and the City agrees to grant AT&T
Cable Services all necessary rights of entry, easements :aRd liceRses tG accemplisR the
cGnslructien for the connections to the sites contemplated hereunder. AT&T agrees to obtain all
necessary licenses and permits. and construct the I-Net fiber backbone in a manner consistent
with all applicable local, state and federal laws. and regulations. . . . I
Section 10. Maintenance and Repair of I-Net Fiber Backbone.
AT&T Cable Services will submit an invoice for work performed. The City will timely reimburse
AT&T Cable Services for its reasonable expenses on a time and material basis for conducting
such emergency repairs. Response times will not exceed four (4) hours.
Section 12. The City, the Federal Way Fire Department and Other I-Net Users to Provide
Electronics. .
This disclaimer applies enly Ie SlIGh Cil}', federal "lay Fire Dep:artment aRd other IIsers p¡:guided
"^CTIHE" EQUIPMENT OR COMPONENTS. AT&T CABLE SERVICES DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. AT&T CABLE SERVICES SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR
ANY DAMAGES SUFFERED BY CITY ARISING OUT OF ITS PERFORMANCE UNDER THIS
AGREEMENT. IN NO EVENT SHALL AT&T CABLE SERVICES BE LIABLE TO THE CITY FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
WHETHER OR NOT FORESEEABLE. The foregoinq disclaimer applies only to such City,
Federal Way Fire Department and Other Users provided "ACTIVE" EQUIPMENT OR
COMPONENTS.
ItAl1
EXHIBIT
For March 2 ~ 2000 meel:t{1.j