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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