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Council PKT 07-18-2000 Regular City of Federal Way City Council Meeting AGENDA CO UN CILMEMBERS Mike Park, Mayor Jeanne Burbidge Linda Kochmar Michael Hellickson Dean McColgan Mary Gates Phil Watkins CITY MANAGER David H. Moseley Office of the City Clerk July 18, 2000 . ( I. ll. ill. a. b. c. IV. v. ,. AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall . July 18, 2000 -7:00 p.m. (www.ci.jederal-way.wa.us) ***** CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE ,- PRESENTATIONS Economic Development Update Ci~ Manager/Introduction of New Ci~ Employees Ci~ Manager/Emer2ÏI1g Issues CITIZEN COMMENT PLEASE COMPLETE THE PINK SUP It PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. \WIen recognized by the Mayor. pkase conu forward to the podium, adjust the microphone to proper height, and state your name and address for the record. PLEASE UMIT YOUR REMARKS. TO THREE OJ MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items will be enacted by OM motion,. illdividual items may be removed by a Councilmember for separate discussion and subsequent motion.) a. b. Minutes/July 5. 2000 Regular Meeting Council Bill #249/Business License Renewal Code Amendment/Enforcement Process/ Enactment Ordinance EMS Task Force Skate Park Preliminary Design APl'roval c. d. over please. . . . VI. PUBliC HEARING .{ Granville Development Agreement Staff Presentation Citizen Comment City Council Deliberation Resolution/Development Agreement Resolution/Potential Annexation Area Interlocal Agreement Amendment .d"-- : . '. VII. INTRODUCTION ORDINANCE Council Bill #2501 Williams Communication Fiber Optic Franchise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING WILLIAMS COMMUNICATIONS, INC., A DELAWARE CORPORATION, A NON-EXCLUSIVE FRANCmSE TO oœupy RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN A SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTION, MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN AND mROUGH THE CITY OF FEDERAL WAY. j; I, ~ ,'.' VITI. CITY COUNCIL REPORTS ( IX. CITY MANAGER REPORT x. EXECUTIVE SESSION Litigation/Pursuant to RCW 42.30.IlO(1)(i) XI. ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA .. THERE ARE 2 COMPLETE AGENDA PACKETS AVAILABLE FOR CITIZEN REVIEW OF DET All.ED ITEMS ON THE CONFERENCE TABLE AT THE BACK OF COUNCll. CHAMBERS DATE: July 13, 2000 TO: City Council FROM: Steph~e Courtney, Administrative Assistant, City Manager's 'Office SUBJECT: July 18, 2000 Council Packet The Development AgreementJResolution, Potential Annexation Area Interlocal Agreement AmendmentJResolution, and the Introduction OrdinanceIWilliam Communication Fiber Optic Franchise were not available at the time of packet distribution. They will be distributed to you as soon as they are available. MEETING DATE: July 18,2000 ITEM# ~C~) .J"""""""""""""""""""""""""""""""""""""""""""",............................ ......................................................................................................................... ..... CITY OF FEDERAL WAY City Council AGENDA ITEM ....................................................................................................................................................................................................."" """""""""""""""""""""" SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: _X_CONSENT ORDINANCE BUSINESS HEARING FYI _RESOLUTION STAFF REPORT PROCLAMA TION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ................................................................."""""""""""""""""""""""""""........................................................................................................... .................. ATTACHMENTS: Minutes for July 5, 2000 regular meeting ......................................................................."""""""""""""""""""""""""""""......................................................"""""""""""""""""""""""""""....... SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirement. ........................................................................................................................................................................""""""""""""""""""""""""""".... ............... CITY COUNCIL COMMITTEE RECOMMENDATION: n/a ....................................................................................................................................................................................................... ........."""""""""""""""""" CITY MANAGER RECOMMENDATION: Motion to approve official minutes. """"""""""""""""""""""""""""""......................................................""""""""""""""""""""""""""',............................................................................ APPROVED FOR INCLUSION IN COUNC~ PACKET: . (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I: \COVER. CLERK-J/7/00 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall July 5, 2000 - 7:00 p.m. ffi)œ~~1J MINUTES 1. CALL MEETING TO ORDER Mayor Park called the regular meeting of the Federal Way City Council to order at the hour of 7:05 p.m. Council Present: Mayor Mike Park, Deputy Mayor Linda Kochmar, Councilmembers Jeanne Burbidge, Mary Gates, Michael Hellickson, Dean McColgan and Phil Watkins. Staff present: City Manager David Moseley, City Attorney Landi Lindell and City Clerk Chris Green. ll. PLEDGE OF ALLEGIANCE Councilmember Watkins led the flag salute. ill. PRESENTATIONS a. SPIRIT Award/Month of July City Manager David Moseley presented the SPIRIT Award to Management Services! Finance Division for becoming the only city in Washington to receive a boost in its bond rating following the passage of 1-695, having implemented all 13 best management practices identified by the Government Finance Officers Association. Their actions have not only reduced the future cost of borrowed funds, but greatly increased citizen's confidence in their government. b. City Mana~er/Introduction of New City Employees City Manager David Moseley reported there are no new employees to introduce. c. Q.ty Mana~er/Emerging Issues City Manager David Moseley reported there are no emerging issues. Federal Way City Council Regular Meeting Minutes July 5, 2000 - Page 2 d. Federal Way Kiwanis! Presentation - (Added Item) Deputy Mayor Linda Kochmar accepted the Charters of Freedom, which was donated by Federal Way Kiwanis to the City of Federal Way, celebrating 45 years of service. The framed Charters of Freedom will be displayed in the lobby of City Hall, and include framed replicas of historic documents including the Constitution, the Bill of Rights, and Declaration of Independence. IV. CITIZEN COMMENT H. David Kaplan, praised City Attorney Landi Lindell for her outstanding service to the citizens of Federal Way, and praised the city's EMS system during a recent medical emergency; he expressed concern over the illegal fireworks that he observed throughout the city over the July 4th holiday. Patricia J. H. Owen, addressed her concerns with respect to the city's sign code as it applies to her home based business. v. CONSENT AGENDA a. b. a. d Minutes/June 20. 2000 Reeular Meetine -Approved Vouchers/July 5. 2000 -Approved Monthly Financial RtWOrtlMonth of May -Approved Ethics Board Reappointment -Reappointed Dennis Greenlee to a 3-year tenn. So 336th (à) SR 99 (13th Ave So to 18th PI So)/Project Acce.ptance -Approved SR 99 & So 330th St Sienal Project/Bid Award -Approved e. f. COUNCILMEMBER GATES MOVED APPROVAL OF THE CONSENT AS PRESENTED; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Gates Hellickson Kochmar yes yes yes yes McColgan Park Watkins yes yes yes VI. CITY COUNCIL BUSINESS a. Resolution/City Facility Options - Approved Resolution #00-317 Mayor Park noted this issue had been previously discussed at the City Council special meeting on June 20, 2000, at which time Council directed staff to prepare a resolution to move forwardwith a a study on options 3 and 4;the results of the analysis will be presented to Council in the fall of 2000. Council member Gates noted she felt comfortable moving forward with this resolution, since this Federal Way City Council Regular Meeting Minutes July 5, 2000 - Page 3 issue has already been clarified and discussed. Councilmember Watkins commented he feels the Council will have to make difficult decisions on the current level of "need" for a new facility based on the after effects of 1-695, however, he noted he feels comfortable with moving forward with the evaluation. COUNCllMEMBER WATKINS MOVED TO ADOPT RESOLUTION SELECTING OPTIONS 3 AND 4 FOR FURTHER STUDY AND DIRECTING STAFF TO RETURN WITH RESULTS OF ANALYSIS IN THE FALL OF 2000; COUNCllMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Hellickson Kochmar yes yes yes yes McColgan Park Watkins yes yes yes b; PHS/320th St Intersection Improvement/Bid Award Street Systems Manager Marwan Salloum reviewed the results of the bid opening held June 27, 2000, for the Pacific Highway South/ 3201h Street Intersection Improvement Project. He announced that the project was awarded to Totem Electric, Inc., the lowest responsive, responsible bidder. Deputy Mayor Kochmar recused herself due to her employment with Lakehaven Utility District. COUNCllMEMBER WATKINS MOVED TO APPROVE THE REVISED PROJECT BUDGET AND AUTHORIZE THE TRANSFER OF $66,736.42 FROM THE UNALLOCA TED STREET CAPITAL FUND TO THIS PROJECT, AND AWARD THE SOUTH 320m STREET AND PACIFIC IDGHWAY SO. (SR99) WIDENING AND INTERSECTION IMPROVEMENT PROJECT, FURTllliR AUTHORIZING THE CITY MANAGER TO REVISE THE INTERLOCAL AGREEMENT WITH LAKEHA YEN tJTILITY DISTRICT TO REFLECT THE DISTRICT'S ADDIDONAL COSTS IF THE LUD BOARD APPROVES THE AWARD OF THEIR PORTION OF THE BUDGET; COUNCllMEMBER BURBIDGE SECOND. The motion passed 6-0 as follows: Burbidge Gates Hellickson Kochmar yes yes yes recused McColgan Park Watkins yes yes yes c. SeaTac Mall Detention Phase II Upper Subbasin WH10 Storm Drain Improvement/ Bid Award Deputy Public Works Director Ken Miller, reviewed the results of the re-bid for the SeaTac Mall Detention Phase II Upper Subbasin WHlO Storm Drain Improvement. Mr. Miller announced that Federal Way City Council Regular Meeting Minutes July 5, 2000 - Page 4 staff recommends the project be awarded to Katspan Inc., the lowest responsive, responsible bidder. He completed reference checks for comparable projects for the cities of SeaTac, Puyallup and Bonney Lake. COUNCILMEMBER MCCOLGAN MOVED TO APPROVE THE STAFF RECOMMENDATION TO AWARD SEATAC MALL DETENTION PHASE n UPPER SUBBASIN WHI0 STORM DRAIN IMPROVEMENT PROJECT TO KATSPAN INC, WHO W AS THE WWFST RESPONSIVE, RESPONSIBLE BIDDER; COUNCILMEMBER GATES SECOND. The motion passed as follows: Burbidge Gates Hellickson Kochmar yes yes yes yes McColgan Park Watkins yes yes yes Vil. INTRODUCTION ORDINANCE Council Bill #249/Business License Renewal Code Amendment/Enforcement Process AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE ARTICLE II, SECTION 9-27 RELATING TO PENALTIES AND VIOLATIONS REGARDING BUSINESS REGISTRATION (AMENDING ORDINANCE NO. 91-86). COUNCILMEMBER BURBIDGE MOVED TO ADVANCE COUNCIL BILL #249 TO THE JULy 18, 2000 CITY COUNCIL MEETING FOR SECOND READING AND ADOPTION; DEPUTY MAYOR KOCHMAR SECOND. The motion passed as follows: Burbidge Gates Hellickson Kochmar yes yes yes, yes McColgan Park Watkins yes yes yes VIII . CITY COUNCIL REPORTS Councilmember Gates announced the next meeting of the Finance/Economic Development/ Regional Affairs Committee will be held July 10, 2000, at 2:00 p.m., at city hall; she reported on her attendance at the Central Link Task Force and Sound Transit meetings, and reminded Council the 200 1-2002 Legislative Agenda is currently being prepared by Assistant to the City Manger Derek Matheson, for future committee review. Federal Way City Council Regular Meeting Minutes July 5, 2000 - Page 5 Councilmember Burbidge announced the next meeting of the Parks! Recreation! Human Services Committee will be held July 10, 2000, at 12:00 noon, at city hall; she updated Council on her attendance at regional meetings of the South County Area Transportation Board, the Regional, Law, Justice and Public Safety Committee, and the Regional Sound Transit Advisory Committee. She commented the recent Red, White and Blues festival organized by the Parks, Recreation and Cultural Services Department was outstanding, including the interactive arts and sports activities. Councilmember Hellickson also extended "kudos" to the Parks, Recreation and Cultural Services Department on an outstanding July 4th festival. He also announced he and his wife Tara are expecting their first child in March 200 1. Councilmember Watkins announced the next Land Use/Transportation meeting will be held Monday, July 10, 2000, in Council Chambers, at 5:30 p.m. Councilmember McColgan commented on his recent attendance to the Association of Washington Cities Conference in Spokane, noting Federal Way was mentioned on numerous occasions as setting the standard of good management practices. Deputy Mayor Kochmar thanked Councilmember McColgan and agreed with his statement that the City of Federal Way is setting the standard for other cities to follow. She also extended "kudos" to Management Services Director Iwen Wang, on her department receiving the SPIRIT Award for financial success. Deputy Mayor Kochmar commended Parks, Recreation and Cultural Services Director Jennifer Schroder and Public Safety Director Ron Wood for their departments dedication to the Red, White and Blues festival held at Celebration Park on July 4th; she also reported on her attendance at the Regional Policy Committee and the Airport Communities Collation meetings. Mayor Park echoed Deputy Mayor Kochmar's comments on the success of the Red, White and Blues festival. He also noted this will be the last City Council meeting City Attorney Landi Lindell will be attending, as she has accepted the City Attorney position for the City of Mercer Island. He praised Ms. Lindell for her excellent skill and professionalism, noting her work is greatly appreciated and she will be missed by all! IX. CITY MANAGER REPORT City Manager David Moseley noted the Red, White and Blues festival was a great success and extended his appreciation to Parks, Recreation and Cultural Services Director Jennifer Schroder and her entire staff who helped in this huge undertaking. Mr. Moseley announced that due to the hard work of Management Services Director I wen Wang and Senior Planner Margaret Clark, the Office of Financial Management has revised their previous calculations of the current Federal Way population, showing an increase in population rather than a decrease. The new estimate for the City of Federal Way population is 77,010 people. He noted the remodel of the original city hall (current Steel Lake Maintenance facility) is nearly Federal Way City Council Regular Meeting Minutes July 5, 2000 - Page 6 complete; this remodel, done primarily by in-house staff, will allow for more storage room. Mr. Moseley also echoed the Mayor and Council's comments of appreciation to City Attorney Londi Lindell, on who he has leaned heavily upon for her knowledge, spirit. and skill. He, furthermore, applauds her decision to place her family above her career, and wishes her well. Mr. Moseley requested an executive session this evening, approximately sixty minutes in length, with no action expected. x. EXECUTIVE SESSION Litigation/Pursuant to RCW 42.30. I lO(I)(i) Mayor Park announced a one hour executive session at 7:55 p.m., with no action anticipated. Council returned to Chambers at 9:07 p.m. XI. ADJOURNMENT There being no further business to come before the Federal Way city Council, Mayor Park adjourned the meeting at 9:07 p.m. N. Christine Green, CMC City Clerk Jut\! 1~/2lJOO MEETING DATE: ~O ITEM# ~ Cb) - ....................................................................................................................................................................................................... ............................................................ CITY OF FEDERAL WAY City Council AGENDA ITEM ~~!J.~~!.:.._~_._~.~/-~~ CATEGORY: BUDGET IMPACT: X CONSENT _RESOLUTION Amount Budgeted: $ XORDINANCE STAFF REPORT Expenditure Amt: $ BUSINESS _PROCLAMATION Contingency Reqd: $ HEARING _STUDY SESSION FYI OTHER ....................................................................................................................................................................................................... ............................................................ A TT ACHMENTS:(1) Memorandum dated June 6, 2000, from the Public Safety Director, the Management Services Director and the City Attorney; (2) the PRHSPS Council Committee approval; and ....Q l..~.. ~~~~..~ ~~ ~~~ ~~.. ~ ~.~ ~.~~~ X :Y.Ç..Ç..J. ~ =~!:.................................................. ............ ........................... ........ ..... ......... ........ ............................ SUMMARYIBACKGROUND: In 1991 the City Council enacted the business licensing registration ryrovisions codified in the Federal Way City Code, Chapter 9. FWCC 9-27 allows the City to enforce the Jusiness registration violations with both civil and criminal penalties. In July 1996, the Finance Economic Development Council Committee approved an administrative enforcement process whereby the City would provide extensive notification to businesses failing to renew their business license. If the business failed to respond to the notification, an assessment of up to $200 civil penalties would be imposed. Criminal penalties were always available. Recently it came to the attention of the City Council that criminal citations were being issued before the administrative process was completed. ....................................................................................................................................................................................................... ............................................................ ....................................................................................................................................................................................................... ............................................................ CITY COUNCIL COMMITTEE RECOMMENDATION: At the June 12th meeting, the PRHSPS Council Committee voted to approve staff recommendation Option D: to maintain the both civil and criminal penalties subject to the following: I. Implement an administrative process of notification and civil penalties with definitive time lines during which period criminal enforcement will not be pursued. 2. Amend FWCC 9-27 to decriminalize failure to renew a business registration until on or after July I of each year so as to allow the implementation of the above administrative process. 3. Upon exhaustion of the six-month administrative process, a letter will be sent from the City Prosecutor notifying the business that failure to renew the business registration and pay all civil fines and penalties within 90 days will result in the filing of criminal charges, which may subject the owner to an additional fine of up to $5,000 and up to 6 months in jail. 4. If the business owner does not respond to the Prosecutor and continues the violation by not renewing the business registration, the Prosecutor will review each case for consideration of criminal prosecution. The Committee also requested that the second delinquent notice from Management Services and the initial notice from the Prosecutor, be sent by certified mail to ensure that the business owner received notification. ....................................................................................................................................................................................................... .......................,.................................... CITY MANAGER RECOMMENDATION: Motion to advance'lCouncil Bill ~ ~ c¡ to the July 18, 2000 City Council meeting for second reading and adoPtion.qó'v~ ....................................................................................................................................................................................................... ............................................................ APPROVE~R I~LUSION IN COU~,,\ PACKET: V (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st Reading 7/5/0 0 Enactment Reading ORDINANCE # RESOLUTION # iYl ()/ f!t/ 10 '2 ftd /LeP£ÚtÙf I ~ ~ K: \Agnditem \businesslicense .amd DRAFT' ~(ViÏóC> ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE ARTICLE II, SECTION 9-27 RELATING TO PENAL TIES AND VIOLATIONS REGARDING BUSINESS REGISTRATION (AMENDING ORDINANCE NO. 91-86). WHEREAS, the City Council has determined that the information gathered from the business registration program provides a benefit to the citizens and to the City; and WHEREAS, the business registration program established in 1991 provided for Civil Penalties and for Criminal Penalties; and WHEREAS, not all businesses timely renew and/or register with the City and thus, become subject to the criminal and civil penalties; and WHEREAS, the City Council desires to provide businesses notice and opportunity to renew and/or register before implementing any Criminal Penalties for failure to timely register; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. The. Federal Way City Code Article TI, Section 9-27 is amended as follows: Sec. 9-27. Penalties and violations. (a) Criminal penalties. Any person failinJ?; to renew his/her business reJ?;istrationafter July I of each year, or otherwise violating or failing to comply with any of the provisions ,PAGEl ORD# of this article may be punished by a fine of not more than $5,000.00 or imprisoned for not more than six months, or both, for each day or part of a day during which the unlawful act or violation occurs. The person may also be ordered to discontinue the unlawful act or correct the violation. (b) Civil penalties. Any person who fails to comply with the provision of this article is, in addition to any criminal penalties, subject to a maximum civil penalty of $5 ,000.00 for each day or portion of the day that the violation continues. (c) Other legal remedies. Nothing in this article limits the right of the city to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this article. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. 1/1 /11 11/ ORD# /11 1// , PAGE 2 Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its fmal passage, as provided by law. PASSED by the City Council of the City of Federal Way this , 2000. day of CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBL1SHED: EFFECTIVE D ATE: ORDINANCE NO. K: \0 RDIN\businesspenalty . amd Revised 6127/00 ORD# , PAGE 3 reu nay ro~~ce hamlD " , " , .... " .., "",'....:""".",:,','"-",,, ",P~ge,1 "' . "" . ".. , "" ,_." -" "". ." , ,. , ~OOI I ~U.~V rfiA ~~~ OO~ ~alo ~.\fF-,~.".f.r ~x :.", t:-~~, ~::I,!,~~I ~!-I,vrJ ,1?~.~nS~;,~oç; '" , , Item 5A City of Federal Way Memorandum Date; To: Via: From: ]Wle 6, 2000 ParksJRecreationlPublic Safety/HUlDaJ1 Suvice Committee David If. Moseley, City Manager Iwen Wang, Management Se¡vic~to: ;;¡;.u Londi K. Lindell, City Attom~~ Ron Wood, Public Safety Director Î2- ~ Business Registration RenewalŒnforcemcnt Process Subject: Thi5; memorandum will provide Council information and a recommendation on business registration enforcement options. Under the City's current code (FWCC, Article n RegiSb'atíon) violators are subject to both civil and criminal penalties for non-resistration or non.renewal of existing registrations. Backc-,ounrli. The:: City adopted its business registration regulation in 1991 to allotii' the City to determine whether a proposed business location was in compliance with the City's land use designations, and to deternùne whether or not a business registration should be issued based upon denial criteria Set forth in the Çode. The registration fe~s and late penalties were set at a minimum level to recover the cOst of administering the program. The fee was initially set at $15 for both new registrations and renewals and raised to $25 for renewals and $50 for new registrations in 1999. The Code also prescribes that the annuall'enewal is due and payable On January I of each year, and a business is deemed delinquent On February 1. The delinquEnt penalty kicks in at me same time at 5% of the renewal fee, or $1.25, which is increased by 5% per month, but not to exceed 20% of the fee, or $5 in total. Neither the fee nOr the late penalty provides sufficient motivation lor businesses to comply. In 1996, staffreconunended. and Council Finance Committee approved, that £he City proceed with using the civil penalty provision provided in the Code and to assess a $200 fine against those businesses who do not renew their registrations after two written notifications and one telephone contact. The purpose for me telephone contact is to verify the business is still active. flowever, it is not always possible to establish the status of the business affirmatively through the process. The administrative procedure approved by Council provides for progressive action eVery two monms .. to issue the first delinquent no lice at the end ofFebruat}' (60 days from the date the registration fee f.i.rst becomes due), second notice in April, and phone COl'ltact in Iune with the $200 civil penalty notice sent to businesses in July by eenified mail to those businesses Wè believe are in operation. Criminal citation or prosecution is considered to be the:: last resort. Om/on£.. After a review of the current procedure by Law, Public Safety and Management Services DepaIlDlentS, the follo\\oÌD.g options are identified for Council to consider: A. Do nothing, and leave the Code language "as is" allowing for both civil and criminal options; B. Change the Code to allow only civil enforcement (civil fme up to $5,000 - delelc FWCC §9- 27(a»; C. Change:: the Code to allow only criminal enforcement (criminal fine Up to $5,000 andlor up to 6 months in jail time - delete FWCC §9.27(b»¡ D. Maintain the Code's civil and criminal options subject to the following: 1. Implement an administrative process consistent with prior Council direction, with deÎmitive timelines during which period no criminal enforcement will apply; 2. Amend FWCC §9-27 to decriminalize faill.i.re to obtain a business registration until on or after July 1 of each year to allow staff to implement the adJninistrative notice prOCess set fO11h in . Section 1; 3. Upon exhaustion of the six-month adrninisb:ative process, a letter will be Sent nom the k: \ñn3Dce\c:ouncil\b usregis trali on p rpshsc. doc VVfVVfVV "'...... QQ~ ""/0 ~UJ:.~."~,.r:~.. '-"'--t".-."., , r."u "H.Y rO.L.Lç." .l\WBl.Il " .. . . . . , "." '" "" -'.' -'-,., "',,.., '",. '", " " I{gUUZ -- . . ". . ". þ~g~ !'ro,-,. Ollie. "";ding that jf 11>" bus..... °WDet docs DOt comply (ob.... reg¡sOatiOD ond pay .¡¡ fuæs. pczœJöes). crlnúnaJ cbqes wiIJ be tiled wilbia 90 days and hefshe ...y be subject to an additional fine of up to $5,000 and up to 6 months injail; 5. Prosecutor win then revie\v cases for consideration of criminal. S1øff RtlCOlllmendatio1l: Staff recommends Optioll D for these reasons: . We feel"'" City should pres..... "'" flexibility or crinDoal ..co=mem. Ifo""..r. Ibis option "'ouId only be """ in the "10" <ares;.", case., where tho busD,e" ....... has fiûJed to comply ,.;th repeated l'enJJnðer Jetters and 'eIepho"" cau., independem¡y '" in co'11unction .tm 0Ib" tools available, to achieve the desired regularoI}' results of the Council; . 1J. writ1eD admilÛ51nti"" pro,... pro.;det prcd;etahi1ity fur both staff admû.islering the Code .. w,n ., businesses following the Code; . Un1es, enfo<ced, leg;sJatioQ 10'" ib dfecti"""" OVer time. Code enf<>ro:cmeot briD¡s the a-eness of !he Jaw, <mites fairness b- those wlJo eoQIply voluntarily oad tho.. who eboose not 10, and improves the efficiency in administering the COdé. YJnmíttee Action: COltUnittee Member K:\memo\busregistration pzpshsc.doc ¡ Ie: \1inan celcounciJ\bll&regiS1raQOn prps~c. doc --...----." .......,. . .~- .~~. .~.- MEETING DATE: July 18,2000 1TEM# Jt- ( ~) CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: EMS TaskForce Update CATEGORY: BUDGET IMPACT: .x.. CONSENT ORDINANCE _BUSINESS _HEARING FYI _RESOLUTION _STAFF REPORT - PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ -0- Expenditure Amt: $ -0- Contingency Reqd: $ -0- ATTACHMENTS: FEDRAC Committee Report SUMMARYIBACKGROUND: The attached committee report provides an update on the status of the EMS 2002 Task Force. The committee was asked whether it wished to offer any guidance to staff on the city's negotiating position with respect to: 1) A six-year, ten-year, or permanent levy, and 2) The merits of charging patient transport fees. The committee chose to separate the issues and only address the levy term at this time. The transport fee issue will be addressed at the July FEDRAC meeting. CITY COUNCIL COMMITIEE RECOMMENDATION: The city's negotiating position should be to support a six-year EMS levy as opposed to ten-year or permanent levy. CITY MANAGER RECOMMENDATION: Motion to set the city's negotiating position as supporting a six-year EMS levy. APPROVED FOR INCLUSION IN COUNCIL PACKE~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACI10N: _APPROVED _DENIED _TABLED/DEFERRED/NO ACI10N COUNCIL BILL 1# 1st Reading Enactment Reading ORDINANCE 1# RESOLUTION 1# 1:lIpuIa.biJ FEDERAL WAY CITY COUNCIL FINANCE / ECONOMIC DEVELOPMENT / REGIONAL AFFAIRS COMMITfEE Via: June 27, 2000 David M~Manager Jim Hamilton, Fire Department Administrator r-Jj /\/ Derek Matheson, Assistant to the City Manage'L\a' Date: From: Subject: EMS Task Force Update Back2round On September 27, 1999, the King County Council passed Motion #10779 forming the EMS 2002 Task Force. The motion adopted the Final Report of the EMS Financial Planning Task Force and created a new EMS 2002 Task Force charged with the goal of developing interjurisdictional agreement on an updated EMS strategic plan and financing package for the next funding period starting in 2002. In addition, the motion directed the task force to: . Review progress in implementing the current strategic plan initiatives and original task force recommendations and report findings to the county and cities; . Provide oversight and direction on development of the strategic plan update with support ITom the county EMS division, the EMS Advisory Committee and the EMS Financial Staff Team; and . Recommend an updated EMS strategic plan and financing proposal to the county and cities with populations greater than 50,000 no later than March 31,2001. Task Force Membershio The EMS 2002 Task Force's membership is as follows: . King County - Ron Sims, King County Executive . King County Council - Maggie Fimia, Council member, and Louise Miller, Council member . City of Belle vue - Ron Smith, Council member . City of Federal Way - Jim Hamilton, Administrator, Federal Way Fire Department . City of Kent - Connie Epperly, Council member . City of Seattle - Jim Compton, Council member . City of Shoreline - B. Smith, Executive Director, KCFPD #4 . King County Fire Districts - Dave Lawson, Commissioner, North Highline Fire District, and Fred Maxwell, Commissioner, Maple Valley Fire District C~I Two subcommittees support the task force. The subcommittees are providing data on ALSIBLS issues and regional services (i.e., overhead, training, etc.) issues. KCEMS and local fire department personnel serve on the subcommittees. The Suburban Cities Association has elected not to participate in the EMS 2002 Task Force. Key Issues The task force has met twice and discussed and/or reviewed the following issues: . Source of Funding. The previous Finance Task Force was not able to come to consensus regarding the county's role in funding part of the EMS system from Current Expense ("CX") funds. With the subsequent passage ofI-695, the 2002 Task Force felt that CX funding was no longer a realistic source and it was subsequently dropped. Tobacco funds were also not seen as realistic. This basically leaves the current property tax levy as the primary funding source. Patient transport fees are still being evaluated as a method to reduce the levy amount. . Growth Projections. KCEMS gave a presentation on projected growth in Advanced Life Support call volumes. These projections are for King County only and do not include Seattle. Hip estimate Medium Estimate Low Estimate 1999 Actual 28.992 2007 - No 36,560 (which would 39,280 (which would 41.980 (which would Strategic require 4.8 additional medic require 3.6 additional medic require 2.4 additional medic Initiatives units at -$1 million per units) units) year for each unit) 2007 - Using 39,680 (which would 36,980 (which would 34.260 (which would Strategic require 3.8 additional medic require 2.6 additional medic require 1.4 additional medic Initiatives units at -$1 million per units) units) year for each unit) . Assessed Valuation. Due to increases in assessed valuation in King County, the levy rate has dropped from 29 cents to 27 cents. . BLS Cost Accounting. Since there are 34 different agencies that range from small volunteer fife departments to Seattle Fire, establishing a system that would be consistent and provide accurate numbers was seen as a significant task (and costly with estimates in the $100,000 to 150,000 range). The value of such a process was questioned since BLS is not reimbursed based upon costs. The group decided not to pursue this project. . Levy Term. There has been brief discussion on the term of the levy (six years, ten years, or a permanent levy). It was suggested that this be discussed with local electeds (particularly the City Councils of the five cities that have authority to approve or reject the levy question) prior to the next task force meeting. ¿-2 Executive Sims has even suggested a poll of the voters to see if they would prefer a permanent levy. Staff are hesitant on a poll as it can produce very misleading infOl:mation depending upon how the questions are asked. The city's fallback position on the permanent levy could be that we would require an agreement with King County that we can opt to be funded similar to Seattle at our discretion. Advantages and disadvantages of each term are listed below: Advanta2es Disadvanta2es 6- Year Levy - Familiarity - successful for many - Status quo approach years. - Must return to the polls every six - Some level of accuracy in predicting years costs over the life of the levy. to-Year Levy - Less frequent need to return to polls - Reduces city checks and balances - Funding stability - Time frame too long to develop accurate cost projections over life of levy - Could result in excessive taxes or inadeauate taxes to fund the system Permanent - Less frequent need to return to polls - Removes city checks and balances Levy - Funding stability - Leaves all decisions to future King County Councils - Would probably require future votes for a lid lift anvwav As discussed in the above table, six years is stretching the ability to predict costs, making ten years even more unrealistic. Even further, a permanent levy fundamentally eliminates local influence over future decisions regarding the EMS system. Therefore, staff's recommendation is to support a six-year levy term with a fallback position of a permanent levy with the agreement. . Transport Fees. Transport fees would reduce the levy by 5% - 10%. It was suggested that this be discussed with local elected officials (particularly the City Councils of the five cities) prior to the next meeting. The financial data are not known yet, but this discussion is based more on philosophical grounds than on fiscal grounds. There will likely be strong opposition ftom Seattle and others based upon a view that transport fees will negatively impact the system. There is also a fear that low-income/uninsured people would be hesitant to call 911. Patient transport fees are charged by public agencies many places throughout the country. While there would be some confusion at first here in King County, it would appear that the fees have a successful track record for the most part. There certainly remains an issue of whether the voters will endorse the combination of an EMS levy and a fee for service. c - 3 City Council Guidance . Patient Transport Fees. Does the City Council wish to provide guidance to staff on a negotiating position with respect to the merits of charging patient transport fees in addition to a voter-approved levy? . Levy Term. Does the City Council wish to provide guidance to staff on a negotiating position with respect to a six-year, ten-year or permanent levy? '"" ~-4 MEETING DATE: July 18,2000 ITEM# -j; Ld) ~.............................................................................................,........................................................................................................ .......................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ...~~~Ç!.;ß ~.~~~.~~!~.~!~~.~~~!l.~ry.. ~~~~g!l. .~.P.P.!~Y.~~._....... .................................. ....... .......................... .......... ......... ............... ............ CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI _RESOLUTION _STAFF REPORT PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ............................................................ ATTACHMENTS: Committee action form dated July 3; Budget Summary; minutes of Skate Park .......... ........ ........ ......................... ......~.~~~~.~~.~~~~£E .?p ~~g~)..~~ .?P.~~ ?~..~. A~~~~?g.~............................... ...................... .... .......... ............... ......... SUMMARYIBACKGROUND: The Parks and Recreation Commission held a special meeting on June 21 to review two Skate Park design proposals. The proposed designs incorporated ideas generated from the public workshop held on May 24 at Mirror Lake Elementary School. The two proposed plans are Option 1 and Option 2. ')ption 1 is a 9,000 square foot park and option 2 is 9,600 square feet. The primary difference between the two plans is 600 square feet, and option 1 has a "flat bank hip with ledge" feature in the upper left comer and option 2 has a "flat bank hip with curved ledge" in the upper left hand comer of the plan. The youth in attendance at the commission meeting on June 21 stated they prefer option 2. Both plans are within the total project budget. On June 21, the commission moved to recommend option 2 to the Council Committee and move forward with the construction plans, permits and bid documents. Staff supports the commission's recommendation. . ...ê. ~.~ff. ~m..!~.~~. ~~ ~ .P.!~P.~ ~~!.. ~~ .. ~P.P.!~ ~~~ ~ ~ ~! Yß~. %. A ~~~. @.. ~g ~p. ~ ~ ~~g?: ......... ...... . ... . .......... ................. .. ...... .. ......... .. ..... .. .. ... . .. .. ... CITY COUNCIL COMMITTEE RECOMMENDATION: On July 10,2000, the Parks, Recreation, Human Services & Public Safety Council Committee passed a motion to approve the Skate Park preliminary design option 2 and authorize staffto move forward into final design, including permitting and construction documents. ....................................................................................................................................................................................................... ............................................................ CITY MANAGER RECOMMENDATION: Motion to approve the Skate Park preliminary design option 2 and authorize staff to move forward into final design, including permitting and construction documents. ....................................................................................................................................................................................................... ............................................................ APPROVED FOR INCLUSION I~ PACKET: \ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) Item 5A I' ARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM DATE: July 3, 2000 Subject Parks, Recreation, Human Services & Public Safety Council Committee Jon Jainga, Park Planning & Development Manag~i~ David MOS~tHtager j{r Skate Park Preliminary Design Approval To: From: Via: Back~:round The Parks and Recreation held a special meeting on June 21 to review two Skate Park design proposals. The proposed designs incorporated ideas generated from the public workshop held on May 24 at Mirror Lake Elementary School. The two proposed plans are Option 1 and Option 2. Option 1 is a 9,000 square foot park and option 2 is 9,600 square feet. The primary difference between the two plans is 600 square feet, and option 1 has a "flat bank hip with ledge" feature in the upper left comer and option 2 has a "flat bank hip with curved ledge" in the upper left hand comer of the plan. The youth in attendance at the commission meeting on June 21 stated they prefer option 2. Both plans are within the total project budget. A breakdown of the project budget and the available balances for construction is included with this memo. Staff will present the plans and answer any questions of the committee on July 10. Parks and Recreation Commission Recommendation On June 21, the Parks and Recreation Commission moved to recommend to Council Committee option 2 Skate Park design and to move forward with the construction plans, permits and bid documents. Staff Recommendation Staff supports the Parks and Recreation Commission's recommendation for Skate Park option 2. Per the City's policy, staff will return the proposal at approximately 85% design completion, at which time the project cost estimate and bid proposal will be reviewed and a date to accept bids will be established. Committee Recommendation Motion to place on the July 18 Council meeting, under consent, approval of the Skate Park preliminary design option 2, and to authorize staff to move forward into final design, including permitting and construction documents. APPROVAL OF COMMITTEE REPORT: íi 77~~ Commi e.Member Committee Member COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/I4/96 Skate Park Budget Summary City Fund: 1998 $ 15,727.00 1999 $ 250,000.00 Total Beginning fund Balance: $ 2651-727.00 Professional Services: Paid out to date A&E Change Order A&E Final Design Cost Fees Architect Purkiss-Rose LSI $ 12,396.63 $ 4,000.00 $ 2,500.00 Engineerina Earth Tech $ 2,287.57 $ - $ 4,500.00 Continqencv $ 20,000.00 2% Arts $ 3,840.00 Construction: $ 231,778.00 $ 227,778.00 $ 220,778.00 Opt. 11 9,000square foot Skate Structure @ $ 20 per square foot: $180,000 $180,000 X WSST (8.6%) = $15,480 Total Prilimanary Cost at 55% Design Est.= $195,480 Estimate Ending Balance Fund of $25,298 [11.5%] Opt. #2 9,600 square foot Skate Structure @ $20 per square foot: $192,000 $192,000 X WSST (8.6%) = $16,512 Total Preliminary Cost at 55% Design Est.= $208,512 Estimate Ending Balance Fund of $12,266 [6%] SPECIAL MEETING PARKS AND RECREATION COMMISSION SKATE PARK DESIGN PROPOSAL June 21, 2000 MINUTES Present: Dini Duclos, Chair: Dave Armstrong, Vice Chair; Jim Baker, Jerry Bolen, Karl Grosch, John Morrision, CT Purdom, Len Zickler. Excused: Mike Lane, Laird Chambers, Marion Bartholomew Staff: Jennifer Schroder, Director of Parks, Recreation and Cultural Services; Jon Jainga, Park Planning and Development Manager Guests in attendance: Jon Bourne, Kathleen Bourne, Chris Adkins, Ben Hancock Chair Duclos called the meeting to order at 6:03 p.m. Skate Park Design presentation Jon Jainga presented two proposals for the Skate Park design. Proposal #1 is a 9,000 square foot facility and proposal #2 is a 9,600 square foot facility. The difference between the two proposals is primarily overall size, 10 feet of the north portion is eliminated in proposal #1. Consequently, proposal #1 has all the same features that is in proposal #2, except proposal #1 has a Flat Hip with curved ledge feature in the northwest comer and proposal #2 has a Flat Bank Hip with a ledge in the northwest comer. Chair Duclos asked about a recent article that stated Gig Harbor built a 17,000 square foot skate park. Jainga responded that he visited the Gig Harbor facility earlier in the day. The Gig Harbor Skate Park is only 8520 SF. Architectural and engineering services were donated, the Public Works Department did the site preparation work. Commissioner Bollen asked the youth whether they thought the proposals reflected the ideas generated from the workshop held in May. The response was yes, and they liked proposal #2. The youth commented that the Flat Bank Hip with a ledge in proposal #2 is preferred because they can get more air. Commissioner Zickler asked staff: How will people walk to the facility? And how will the apron/area around the park be fmished. Jainga responded that currently there is a walk-through in the fence to the area from 312th and that a pathway will need to be considered from the parking lot. Currently there is a pathway that starts at the parking lot and heads toward the soccer field just south of the proposed area for the Skate Park. The area around the Skate Park is proposed to be grass. Commissioner Zickler recommended the area around the park not be gravel. Jainga reviewed the cost of the two proposals. The total funds approved for the project total $265,727.00, Total A&E is projected to come to $25,683. Contingency of $20,000, and 2% for the arts at $3,840. The funds available for construction come to $220,778. Proposal #1 with tax is estimated to cost $195,480. Proposal #2 with tax is estimated to cost $208,512. Jainga emphasized these are the costs at preliminary design. Final cost estimates will be presented when Public Works and Community Development have completed their review of the construction documents for pennit. .1 " Commissioner Purdom moved to recommend to the City Council Committee for Parks, Recreation, Human Services and Public Safety proposal #2 Skate Park design, and to move forward with the construction plans and documents. Vice Chair Armstrong seconded, motion passed. Meeting adjourned 6:27 p.m. 'C? ~ \Ä .. \ } '\ '. \ , / {'-,\ '. ' Ie "(,"[[)/\" ~ ../ I [-,/i\I,' I I i \ II \ \ , II "'-r.'?!t -'f'<'C' " '~, ',;;, "",,': ','\'h~ ' ( \ ~ C? :<?-\Ä ',"/. , (i I I \1 Option 1 , 9,000 SF \ /k -~. \, ~ RUNWAY \> ,~) - STEPS, RAILS, LE .J " - _D .rIG\ßL CK5 i /1/ PYRAMID WITH I . FLA : ¡BANK HIA' WITH EU~GE ì , ------. ; " -~~".". FLA TBAR : ' , ¡ ì I Iii,. LEDGES ,. "',',:; .,,>,,' ,',,' ','~"~. , , -Ì': GE \, \ ¡ Option 2 9,600 SF MEETING DATE: 7//t?/ ¡ tJ ITEM# \,/£ ............................................................................................""",..""""""""",.",.""""""""",..."""",.."....."""".",.",................................................... .................... CITY OF FEDERAL WAY City Council . AGENDA ITEM SUBJECT: Granville Southern Development Agreement, Settlement of Litigation, and Amendment ... ~.! .!'..~. !. ~ ~ .!.~ ~!. ~ .~. ~ ~.~. ~ .!.~ ~ !:l... ~~. ~ ~.!!:l.! ~~ ~~ ~.~ .~..~ ~ ~ ~~. ~.~!:l. ! ..~!! ~. . ~ ! 0/... ~ !..!>.. ~~..~. ~. ~~ .~ ~.... .... ............................... ...... ................... .. CATEGORY: . ') _CONSENT @-X RESOLUTION. _ORDINANCE _STAFF REPORT _BUSINESS _PROCLAMATION _HEARING _STUDY SESSION FYI OTHER BUDGET IMP ACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ............................................................ ATTACHMENTS: Proposed Development Agreement, proposed Settlement Agreement, draft Resolution ....~ P. P. ~ ~ Y.!~.~.. ~ ~ ~ ~.~ ~ ~~. ~. ~ ~ P. ~ ~~ !.? £ ~ ~.~ ~. ~ ~~ ~~ ~.~ ~!~ ..~~ ..~!~~.. ~~. ~ ~! ~ ~~. ~.~ . ~ ~~~ ~~~.. ~~..! ~ !.~!.!.~~ ~.:.... ..... ................. SUMMARYIBACKGROUND: The City has been involved in litigation with the City of Des Moines, the ~oundary Review Board, and the Granville Southern Corporation, concerning a City of Des Moines d1lIlexation known as the Redondo Riviera annexation. The annexation involves one of several separate parcels owned by Granville Southern, and located in the City of Des Moines' Potential Annexation Area ("P AA"), just north of the Applewood subdivision. Granville's other parcels are located east of the annexation, adjacent to Pacific Highway South, and in the City of Federal Way's PAA. Granville challenged a Boundary Review Board decision approving the Redondo Riviera annexation, and named the City of Federal Way because Granville sought to have all of its property located within one city's PAA. Des Moines and Granville have reached an agreement to reduce the size of Granville's proposed development below that which would have been allowed under King County. Des Moines and Granville have also agreed upon the development regulations that should be applied to it. Granville is agreeable to allowing some of its property to remain in the City of Federal Way's pAA' so long as permits for subdivision and development of the property can be processed by a single entity (City of Des Moines). Granville is also willing to make voluntary payments to the City of Federal Way for future right-of-way improvements to Pacific Highway, and for a Federal Way TIP project the intersection ofS. 288th and SR 99. Granville has negotiated a proposed settlement agreement with staff of the two cities (copy attached), which would resolve the pending litigation and provide for development of the property pursuant to a development agreement (copy attached). State law requires a public hearing on a development agreement, and requires that the development agreement by adopted by ordinance or resolution. Des Moines is willing to amend the PAA boundary to track the edge of the new 15th Avenue South right-of-way that would be constructed under the development agreement. This would allow the City of Federal Way to maintain control over the northern "gateway" to the City. The amendment allows Federal Way to retain all of the \roperty currently located within its P AA boundary, plus approximately 6-8 additional lots located east of .le new road, 15th Avenue S. """""'."""".""""""""".""".""""'."""""""'."""""..........................,...................................................................,.......................................................... ..........."""."'" .............................................................................................""""""""""""""""""""""",,"""""""""""""""""""""""""........................................................ ............ CITY COUNCIL COMMITTEE RECOMMENDATION: ...........................................................................................................................""""""""""""""""""""""""""""""""'".......................................... ........................... CITY MANAGER RECOMMENDATION: Authorize City Council to enter into Settlement Agreenaent. ~ ....................................................................................................................................................................................................... ............................................................ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED - T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K: \Agndi tena \CoverCC .form SETTLEMENT AGREEMENT, WAIVER AND RELEASE BETWEEN GRANVILLE SOUTHERN and the CITIES OF DES MOINES AND FEDERAL WAY WHEREAS, the City of Des Moines ("Des Moines") is a municipal corporation organized under the laws of the State of Washington and has authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; WHEREAS, the City of Federal Way ("Federal Way") is a municipal corporation organized under the laws of the State of Washington and has authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; WHEREAS, Granville Southern Corporation ("Granville Southern") and the marital Community of Donald and Marie Tavis ("Tavis")(Granville Southern and Tavis shall hereafter collectively be referred to as "Granville") have filed an application with King County under King County Permit Application, 807C0270 for approval of a development project on real property ("Granville Property") known as Pacific Place. King County's code, regulations, and land use controls, therefore, apply to said project. Tavis owns the Granville Property which is legally described in Exhibit A attached hereto. Granville Southern is under contract to purchase the Granville Property from Donald and Marie Tavis; WHEREAS, King County's code, regulations, and land use controls applicable to the Granville Property development project known as Pacific Place filed with King County under King County Permit Application 807C0270 would allow for more lots/units, less open space, and other development than would be currently allowed under Des Moines' code, regulations, and land use controls; WHEREAS, on or August 13, 1998, the BRB issued a decision approving the annexation of property known as the Redondo Riviera Annexation Area, File No. 2016, which included a portion of the subject real property into the City of Des Moines; WHEREAS, Granville filed an appeal of the BRB's annexation decision with the King County Superior Court under Cause No. 98-2-19694- 7KNT. Subsequently, the court conducted a hearing and rendered a written decision and judgment; WHEREAS, an appeal and cross-appeal were filed from said King County Superior Court's decision in the Washington State Court of Appeals, Division I, under Cause Nó. 44528-6-1; WHEREAS, the parties wish to settle the litigation, development issues, and the underlying dispute, including, but not limited to, compromise of the applicable code, regulations, and land use controls applicable to the Granville Property development project known as Pacific Place filed with King County under King County Permit Application 807C0270, in a mutually satisfactory manner; WHEREAS, this Settlement Agreement, Waiver and Release (hereafter "Agreement") is entered into by and between Granville, Des Moines and Federal Way (collectively referenced as "Parties") to resolve legal matters arising out of lawsuits known as Granville Southern Corporation. et at v. The Washington Boundary Review Board for King County. et aI, King County Superior Court Cause No. 98-2-19694-7 KNT, and Granville Southern Corp. et at v. The City of Federal Way. et aI, Court of Appeals Case No. 44528-6-1, and to foreclose further claims, damages, requests for injunctive relief or disputes among the parties related to said matters. NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: I. Granville, on its own behalf, its heirs, agents, business partners, investors, optionees/optionors, executors, administrators and assigns, does hereby release: each and every one of the Parties, their successors and assigns, officers, officials, employees, agents and attorneys, both individually and in their representative capacities, from any and all claims, appeals or disputes between Granville and the Parties, either jointly or severally, that have been or could have been raised in Granville Southern Corporation. et at v. The Washington Boundary Review Board for King County. et aI, King County Superior Court Cause No. 98-2-19694-7 KNT, or any appeals related thereto, from any claims for damages arising out of or related to the City of Des Moines' Redondo Riviera annexation, and from the actions of any party in litigating the above-referenced cases or in entering into this Agreement. Provided, however, it is expressly understood and agreed that this paragraph shall in no way bar any party from filing a claim, demand, or lawsuit fro specific performance of the terms and conditions of this Agreement or for damages arising out of breach of the terms and conditions of this Agreement 2. Granville warrants and affirms that it has not sold, transferred, or otherwise assigned all or any of its interests in any of its appeals, claims, requests for relief or causes of action released herein and that it is solely empowered to waive and release said matters. In support of this representation and in support of this Agreement, Granville agrees to indemnify and hold harmless any and all of the Parties and any persons or entities covered by this Agreement and any affiliated person, company or entity for any damages, costs, attorneys' fees or other expenses in defending any action brought by Granville, or anyone claiming to hold an interest from Granville based on the appeals, claims or causes of action encompassed by this Agreement. 3. As consideration for this Agreement, and upon the approval and execution of this Agreement by the Parties, Granville agrees to dismiss with prejudice its cross-appeal now pending before the Washington Court of Appeals entitled Granville Southern Corp. et. at v. The City of Federal Way. et. aI, Court of Appeals for the State of Washington, No. 44528-6-1, execute a stipulation providing for vacation of the Final Judgment previously entered by the Honorable Dean Lum in Granville Southern Corporation. et at v. The Washington Boundary Review Board for King County. et aI, King County Superior Court Cause No. 98-2-19694-7 KNT, and dismiss with prejudice its appeal in Cause No. 98-2-19694-7 KNT. Granville, however, shall not be required to withdraw any applications for land use development on the Granville Property that are now pending and vested with King County, including, but, not limited to, the application filed under King County Permit Application 807C0270. Granville, however, agrees that upon annexation of a 2 portion of the Granville Property to Des Moines, as set forth herein, that King County Permit Application 807C0270 shall be transferred to Des Moines for processing subject to the terms and conditions of this Agreement. It is expressly understood that subsequent building and other permits sought for units to be constructed on the subject property following annexation of a portion of the Granville Property into the City of Des Moines shall be processed under the land use and building codes of the City of Des Moines, subject to the terms and conditions of this Agreement 4. As consideration for the mutual promises set forth herein, the Parties collectively agree as follows: A. B. The Parties shall jointly seek relief, modification, satisfaction, or vacation of that judgment filed in King County Superior Court under Cause No. 98-2- I9694-7KNT, on the basis that all issues, claims, and defenses relative to said Judgment have been compromised as reflected in this Agreement. Des Moines shall further proceed to modify, fmalize, and obtain all appropriate approvals for the Redondo Riviera Annexation Area, File No. 2016 so that the portion of the Granville Property lying westerly of the eastern boundary of 15th Ave. South as depicted in the "Illustrative Site Plan" attached hereto as Exhibit B shall be annexed into Des Moines. The Parties shall fully support the annexation of the said portion of the Granville Property into Des Moines. Within 15 days of the date of this Agreement, Des Moines and Federal Way will commence the public process for amending their Interlocal Agreement, dated December 16, 1996, relating to their respective Potential Annexation Area Designation. Following completion of the public process, the Des Moines and Federal Way City Councils will consider a proposed amended P AA Interlocal Agreement which sets the P AA boundary between Des Moines and Federal Way at the eastern edge of the right-of-way of 15th Avenue South, as depicted on the Illustrative Site Plan attached hereto as Exhibit B. C. Prior to the annexation of any portion of the Granville Property to Des Moines or Federal Way, Des Moines and Federal Way shall adopt pre- annexation zoning and other land use controls and regulations in conformance with the "Illustrative Site Plan" attached hereto as Exhibit B, and the Zoning and Building Development Agreement attached hereto as Exhibit C. In case of conflicts between the Illustrative Site Plan and Building Development Agreement and Des Moines', King County's, or Federal Way's zoning, codes, regulations, and land use controls, the "Illustrative Site Plan" attached hereto as Exhibit B, and the Zoning and Building Development Agreement attached hereto as Exhibit C shall control. D. Upon annexation of said portion of the Granville Property to Des Moines, King County shall transfer to Des Moines the processing of Granville's application for the multi-family development project on the entire Granville 3 Property known as Pacific Place Condominiums, King County Permit Application 807CO270. Said King County Permit Application 807C0270. shall be deemed modified at the request of King County, Des Moines, and Federal Way to conform with the "Illustrative Site Plan" attached hereto as Exhibit B, and the Zoning and Building Development Agreement attached hereto as Exhibit C. Provided, that said King County Permit Application 807CO270 shall not be withdrawn from King County, shall not be deemed to have been modified at the request of the applicant, and said transfer shall have no impact on the vested status of said King County Permit Application 807CO270. E. Upon said transfer, said King County Permit Application 807CO270 shall be processed by Des Moines in conformance with the terms and conditions of this Agreement. It is expressly understood that subsequent building and other permits sought for units to be constructed on the subject property following annexation of a portion of the Granville Property into the City of Des Moines shall be processed under the land use and building codes of the City of Des Moines, subject to the terms and condition herein By this Agreement, King County and Federal Way consent to the transfer of said application to the City of Des Moines, and the processing of said application and/or subsequent permit applications on the Granville Property by Des Moines, subject to the terms and conditions herein. F. Upon annexation of said portion of the Granville Property to Des Moines, Des Moines shall process Granville's application for the development project on the entire Granville Property known as Pacific Place Condominiums, King County Permit Application 807C0270. Granville shall not be required to submit, file, or produce any additional documentation, reports, or information other than previously provided to the Parties as part of said King County Permit Application 807C0270. It is expressly understood that this limit on additional documentation shall not be construed to apply to any permit application filed after annexation of any portion of the Granville Property into the City of Des Moines, except for any such permit application that is required for approval as a Planned Unit Development or Subdivision of the development project on the entire Granville Property known as Pacific Place Condominiums, King County Permit Application 807C0270. The Parties agree that the documentation provided to the Parties as part of said King County Permit Application 807C0270 is as follows: . Environmental Site Assessment by Earth Consultants, Inc. dated September 23, 1997 Road Variance by DBM Consulting Engineers dated February 19, 1998 Subdivision Guarantee by First American Title Insurance Company Order No. 345322-5 Wildlife Study by Wetland Rescues, Inc. dated March 25, 1998 . . . 4 . Level One Drainage Report by Eastside Consultants, Inc. dated August 25, 1997 Geotechnical Report by J. Keith Cross, P .E., dated May 31, 1997 Traffic Report by David Hamlin & Associates and subsequent addendums Level Two Downstream Analysis by DBM Consulting Engineers dated June 8, 1998 Technical Infonnation Report By DBM Consulting Engineers dated October 24, 1997 Wetland Report by Wetland Resources, Inc. dated July 29, 1997. . . . . . Des Moines' review, processing, and approval of said application shall be limited to a detennination that said project complies with the "Illustrative Site Plan" attached hereto as Exhibit B, the Zoning and Building Development Agreement attached hereto as Exhibit C, and other conditions stated herein. Moreover, Des Moines shall not review, rescind, or otherwise modify approvals previously granted by King County under said King County Pennit Application 807CO270. Except as otherwise stated herein, Des Moines shall further approve said project subject only and exclusively, without modification, amendment, or addition, to the tenns and conditions of the "Illustrative Site Plan" attached hereto as Exhibit B, the Zoning and Building Development Agreement attached hereto as Exhibit C, and other conditions stated herein. Des Moines, Federal Way, and King County shall not object to, challenge, or otherwise oppose development of the Granville Property in accordance with the "Illustrative Site Plan" attached hereto as Exhibit B, the Zoning and Building Development Agreement attached hereto as Exhibit C, and other conditions stated herein. Provided, that Des Moines shall provide Federal Way a minimum (>ffourteen (14) days within which to review and comment on Des Moines' approval of Granville's Pacific Place project. G. The tenns and conditions of the "Illustrative Site Plan" attached hereto as Exhibit B, the Zoning and Building Development Agreement attached hereto as Exhibit C, and other conditions stated herein can be amended, modified, or changed upon the express written approval of Granville (its successors or assigns), Des Moines;and Federal Way. H. All process, review, and approval of subsequent applications filed relative to the entire Granville Property, including but not limited to, grading, drainage, construction related, and building pennits, shall be by Des Moines and subject to the code, regulations, and requirements of Des Moines, except as otherwise set forth in the tenns and conditions of the "Illustrative Site Plan" attached hereto as Exhibit B, the Zoning and Building Development Agreement attached hereto as Exhibit C, and other conditions stated herein. Provided, however, that Federal Way shall be given a two week period following submittal to review and comment on said applications. 5 I. The City of Federal Way will dismiss its appeal now pending before the Washington Court of Appeals entitled Granville Southern Corp. et. at. v. The City of Federal Way. et. ai, Court of Appeals for the State of Washington, No. 44528-6-1 J. Each and every of the named Parties agree to prepare, revise, support and/or execute pleadings, notices, and contemporaneous agreements, as well as conduct and/or participate in any public hearings, deemed necessary to effectuate the intent and purposes of this Agreement. K. Each and every one of the named Parties agree to support, uphold and defend this Agreement in the event of an appeal, challenge, or lawsuit seeking to set aside, modify, or render void or invalid this Agreement. In the event, that this Agreement is set aside, modified, voided, or invalidated by a court of law, Granville shall be free, in its discretion, to proceed with its application for approval under King County Permit Application 807CO270, as initially filed. 5. The Parties understand and agree that the consideration the Parties herein agree to undertake, in the form of compliance with the above-referenced conditions, constitutes the Parties' total offer to resolve and settle any and all appeals, claims, damages or disputes among the parties hereto and that it is full, complete and adequate consideration and compensation for each other's acceptance of the terms stated herein and that no Party will receive any other or further consideration under the terms of this Agreement other than that expressly set forth herein. 6. In the event of that failure or inability of the Parties to comply with the terms and conditions of this Agreement, Granville shall be free, in its discretion, to proceed with its application for approval under King County Permit Application 807C0270, as initially filed. In such an event, the City of Federal Way and the City of Des Moines are likewise free to comment upon, object to, oppose, challenge and/or appeal development of the Granville Property under King County Permit Application 807C0270, as initially filed or as subsequently modified. 7. This Agreement may be executed in identical counterparts. For purposes of recording, filing, or providing copies of this Agreement, the counterpart signature pages (and any other pages that are specially marked by the signators) may be inserted into one of the counterparts to create a single original or copy of the entire agreement. 8. This Agreement shall be interpreted under the laws of the State of Washington. 9. The Parties hereby authorize their attorneys to (1) execute the appropriate notices to effect dismissal(s) with prejudice of any and all appeals or claims the Parties have initiated against any other Party(ies) or any persons covered by this Agreement; and (2) take all necessary and proper steps to ensure that such notices are filed on execution of this Agreement. 6 10. This Agreement shall be binding upon the heirs, successors and assigns of the parties. Each of the signatories represents and warrants that he or she has the authority to sign for his or her represented entity. 11. Attorneys' Fees. Should it be necessary for any party to this Agreement to initiate legal proceedings to adjudicate any issues arising hereunder, the party or parties to such legal proceedings who substantially prevail shall be entitled to reimbursement of their attorneys' fees, costs, expenses and disbursements (including the fees and expenses of expert and fact witnesses) reasonably incurred or made by the substantially prevailing parties in preparing to bring suit, during suit, on appeal, on petition for review, and in enforcing any judgment or award, ITom the party or parties who do not substantially prevail. 12. Entire Agreement. This Agreement is the final and complete expression of the agreement of the parties on all these subjects. This Agreement may not be modified, interpreted, amended, waived or revoked orally, but only by a writing signed by all parties. This Agreement supersedes and replaces all prior agreements, discussions and representations on all these subjects, all of which are merged into, and superseded by, this Agreement. No party is entering into this Agreement in reliance on any oral or written promises, inducements, representations, understandings, interpretations or agreements other than those contained in this Agreement and the Exhibits hereto. 13. The Parties acknowledge that they have had full opportunity to review, confer, and discuss this Agreement with legal counsel and that their respective legal counsel has advised that this Agreement is valid, enforceable, and legal in all respects and that the undersigned individuals have full authority to execute this Agreement on behalf of the respective Parties. 14. No Admission. Nothing contained in this Agreement shall constitute an admission of error, wrongdoing, liability, or any other kind, by any of the parties to this Agreement or by any persons or entities released or covered by this Agreement; provided, however, it is expressly understood and agreed that this paragraph shall in no way bar any party from filing a claim, demand, or lawsuit for specific performance of the terms and conditions of this Agreement or for damages arising out of breach of the terms and conditions of this Agreement. DATED this - day of ,2000. For Granville Southern Corporation: Ken Stinson, Its Dated: 7 For Defendant/ Respondent City of Des Moines: Robert L. Olander, Its City Manager At the Direction of the Des Moines City Council at an Open Public Meeting on Dated: For Defendant/Respondent City of Federal Way: David Moseley, Its City Manager At the Direction of the Federal Way City Council at an Open Public Meeting on Dated: For Donald and Marie Tavis: Donald Tavis Dated: Approved: Gary N. McLean Des Moines City Attorney 21630 11th Avenue South, Suite C Des Moines, WA 98198 Approved: Bob C. Sterbank, WSBA No. 19514 Federal Way Deputy City Attorney 33530 First Way South Federal Way, W A 98003-5006 Marie Tavis Dated: 8 (1) (2) (3) (4) (5) Exhibit C ZONING AND BUILDING DEVELOPMENT AGREEMENT FOR DEVELOPMENT OF THE GRANVILLE PROPERTY LEGALLY DESCRIBED IN ATTACHED EXHIBIT 1 Zoning shall be RA 3600. Development shall be processed and approved as a Planned Unit Development or Subdivision pursuant to Des Moines Code consistent with the tenus and conditions set forth herein and the Settlement Agreement, Waiver, and Release to which this document is appended as Exhibit C. Except as otherwise stated herein, the number of units/lots shall not exceed 84 consisting of a mix of 21 single-family residences, 30 duplexes, and I triplex. The mix of single-family residences, duplexes and triplexes shall be subject to minor modification at the request of the Applicant, subject to the approval of Des Moines and Federal Way, as provided in paragraph (17) below. Ownership of each unit/lot shall be in fee simple ownership. The number, location, type, configuration, and size of units and lots; size, location and configuration of detention; roadway location, width, and length; buffers; general layout; open space; and all other improvements shall be as depicted in the Illustrative Site Plan, dated March 17, 2000, prepared by Peterson Consulting Engineers under Job Number COPD-OOO I and attached as Exhibit 2 herein ("Illustrative Site Plan"). Minor deviations from said Illustrated Site Plan may occur subject to the approval of Des Moines and Federal Way, provided that the number of lots, units, and building sites shall remain unchanged, except that the number of lots, units, and building sites may be reduced, at the sole discretion of the applicant. In case of conflicts between the Illustrative Site Plan and Des Moines' or Federal Way's zoning, codes, regulations, and land use controls, this Zoning and Development Agreement and the Illustrative Site Plan shall control. The City of Des Moines shall provide the City of Federal Way a minimum of fourteen (14) days within which to review and comment on the Illustrative Site Plan prior to the City of Des Moines' approval of the Pacific Place Planned Unit Development. Prior to approval, the City of Des Moines shall also provide the City of Federal Way a minimum of fourteen (14) days within which to review and comment on any applications for building pennits for individual buildingsllots within that portion of the Granville Property contained within the City of Federal Way PAA, as defined by the PAA Interlocal Agreement between the City of Des Moines and the City of Federal Way in effect at the time of any application for a building pennit on any lot located on the east side of 15th Avenue South. To implement this paragraph, the City of Des Moines shall provide copies of the Illustrative Site Plan, or building pennit application, as applicable, to the City of Federal Way, and the I4-day review and comment period shall commence upon Federal Way's receipt of the Plan or application, as applicable. (6) The City of Des Moines shall provide to the City of Federal Way 15% of the application fee amount charged to the applicant for any building pennit for lots on the Granville Property Exhibit C, Page 1 (7) (8) (9) ) ,. , i I (10) (11) (12) (13) (14) and located east of 15th Avenue South. Payment to Federal Way shall be made within 30 days of Des Moines' receipt of the fee from the applicant. 15th Ave. S. as depicted in said Illustrative Site Plan shall be dedicated to the City of Des Moines as a public street; Development applications that are consistent with the terms of this development agreement shall be deemed to have incorporated design considerations and mitigation measures that are sufficient to avoid probable, significant environmental impacts; accordingly, such application shall be subject to issuance of an MDNS, with no additional conditions other than as set forth herein, and no EIS will be required; Previous studies related to wetlands and drainage on the site prepared and submitted to King County under King County Pennit Application 807C0270 shall be deemed fully adequate and sufficient and shall be used. No additional studies shall be required. The Parties agree that the documentation provided to the Parties as part of said King County Permit Application 807C0270 is as follows: Environmental Site Assessment by Earth Consultants, Inc. dated September 23, 1997 Road Variance by DBM Consulting Engineers dated February 19, 1998 Subdivision Guarantee by First American Title Insurance Company order no. 345322-5 Wildlife Study by Wetland Rescues, Inc. dated March 25, 1998 Level One Drainage Report by Eastside Consultants, Inc. dated August 25, 1997 Geotechnical Report by J. Keith Cross, P.E., dated May 31, 1997 Traffic Report by David Hamlin & Associates and subsequent addendums Level Two Downstream Analysis by DBM Consulting Engineers dated June 8, 1998 Technical Information Report By DBM Consulting Engineers dated October 24, 1997 ,Wetland Report by Wetland Resources, Inc. dated July 29, 1997. The Level 2 Flow Control Standard, as derIDed in the 1998 King County Surface Water Design Manual, shall apply to detention facilities for the project. No downstream analysis shall be required. The detention facilities for the project shall only need to meet additional drainage demands created by this project. This project shall not be responsible for solving preexisting drainage issues faced by downhill property owners; School impact fees (for Federal Way School District) will be collected; WSDOT must approve (in writing) any and all entrances and exits proposed to/from Highway 99; provided, however, that Applicant agrees not to seek approval for such entrances and/or exits to or from Highway 99 from the Granville Property; The market store will be demolished; The City of Des Moines shall apply, and the applicant and its successors, heirs and assigns shall comply with, the City of Federal Way sign code, Federal Way City Code Sections 22- 1596 - 22-1629, or as amended, with respect to that portion of the Granville Property Exhibit C, Page 2 within the City of Federal Way's PAA, as defined by the PAA Interlocal Agreement between the City of Des Moines and the City of Federal Way in effect at the time Granville or its successors, heirs or assigns seek to construct or install any sign. (15) The City of Des Moines shall apply, and the applicant shall comply with, the City of Federal Way street development requirements for that portion of Pacific Highway South abutting the Granville Property; provided, however, that the applicant shall not be required to construct street improvements for that portion Pacific Highway South. To mitigate the traffic impacts from the Pacific Place development, however, Granville shall do the following: (a) (b) (c) (16) Pay its pro rata share of the cost of the future Transportation Improvement Project ("TIP") known as SR 99 from S. 284 th to S. 272nd, which pro rata share is hereby determined to be $21,000. Said payment shall be made to the City of Federal Way at the time Granville receives final Planned Unit Development or Subdivision approval from the City of Des Moines and the expiration of all applicable appeal periods Pursuant to Federal Way City Code Section I9-46(b)(5), for a period of twenty (20) years from the date of this Agreement, Granville hereby waives for itself and its successors and assigns the ri§ht to any refund of its pro rata share of the cost of the SR 99 from S. 284th to S. 272n TIP. Pay its pro rata share of the cost of the TIP known as S. 288th / SR 99 Intersection Improvements, which pro rata share is hereby determined to be $21,000. Said payment shall be made to the City of Federal Way at the time Granville receives final Planned Unit Development approval from the City of Des Moines and the expiration of all applicable appeal periods. Pursuant to Federal Way City Code Section 19-46(b)( 5), for a period of seven (7) years from the date of this Agreement, Granville hereby waives for itself and its successors and assigns the right to any refund of its pro rata share of the cost of the S. 288th / SR 99 Intersection Improvement TIP. As part of the Pacific Place planned unit development, dedicate to the City of Federal Way a IS-foot right-of-way along the east boundary of the Granville Property lying immediately adjacent to and fronting along Pacific Highway South. Provided, that such right-of-way dedication may, at the sole discretion of Granville, contain a reversionary clause, causing the dedicated property, or any portion thereof, to revert back, be re-conveyed, or otherwise transferred to Granville, its heirs, successors, and assigns in the event that the City of Federal Way determines, in its sole discretion, that the dedicated property, or any portion thereof, is not needed for right-of-way purposes at the time of construction of the SR 99 S. 284th - S. 272nd TIP. In recognition of recreation space dedication requirements customarily imposed by the City of Des Moines, the City of Des Moines expressly agrees that Granville shall be given full credit for the total square footage of the 10-foot wide easement granted for construction of Exhibit C, Page 3 (17) (18) the walkway surrounding the wetland located in the middle of said project and the costs of construction for the sidewalk along said walkway. In deference to the recreation space improvement requirements customarily imposed by the City of Des Moines, Granville shall make a one-time payment in the amount of $47,500.00 to the City of Des Moines. As consideration for Granville's agreement to make the full payment of $47,500.00, the City of Des Moines agrees to increase the maximum number of units allowed by one, to 85, which the Applicant, in its sole discretion, can apply to create a single-family residence, duplex, or triplex; provided, however, if Granville is unable or chooses not to increase the maximum number of lots in the final plan to 85, it shall only be responsible for making a one-time payment in the amount of $35,000.00 to the City of Des Moines as its mitigation fee for recreation space improvements. Arrangements for said payment, if applicable, and written confinnation in the fonn of an amended site plan reflecting Granville's decision regarding the final number of units and their final placement and configuration, shall be made on or before the date on which the Des Moines City Council is scheduled to vote on Granville's proposed Planned Unit Development as described herein. Said payment, however, shall not be due until final approval of the Planned Unit Development or Subdivision as described herein and the expiration of all appeal periods. No mitigation fees or improvements shall be required as a condition of approval of the Planned Unit Development by the City of Des Moines, except as set forth herein; provided, however, that this agreement does not alter or waive Granville's legal obligation to comply with any and all applicable laws regarding impact fees imposed by the Federal Way School District. Exhibit C, Page 4 RESOLUTION NO. A RESO L UTI 0 N OF THE CITY CO UN CIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A . DEVELOPMENT AGREEMENT WITH THE CITY OF DES MOINES AND GRANVILLE SOUTHERN CORPORATION. WHEREAS, RCW 35A.14.0 10 authorizes a city to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the annexing city; and WHEREAS, on February 20, 1998, pursuant to RCW 35A.14, the City of Des Moines filed a Notice ofIntention for the annexation ofthe area known as "Redondo Riviera" contiguous to an eastern boundary of the City of Des Moines; and WHEREAS, a portion of the eastern boundary ofthe "Redondo Riviera" annexation area is co-extensive with the Potential Annexation Area ("P AA") boundary set forth in the Agreement Between the Cities of Federal Way and Des Moines Relating to Potential Annexation Area Designation, dated December 16, 1996; and WHEREAS, on August 14, 1998, the King County Boundary Review Board issued its Resolution and Hearing Decision approving the proposed annexation, concluding that the proposed annexation tends to accomplish the pertinent objects specified in RCW 36.93.180; and WHEREAS, Donald and Marie Tavis and the Gran,:,ille Southern Corporation, owners of property ("Tavis Property") and the holder of an option to purchase the Tavis Property, respectively, brought suit against the City of Des Moines, the City of Federal Way, and the King County Boundary Review Board, asserting that the annexation should not have been approved ORD# ,PAGEl because Granville and the Tavises own property on either side of the annexation area / P AA boundary, and that Des Moines and Federal Way should be ordered to revise the P AA boundary; and WHEREAS, on March 31, 1999, King County Superior Court Judge Dean S. Lum entered a decision affirming in part and remanding in part the King County Boundary Review Board Resolution and Hearing Decision; and WHEREAS, the City of Federal Way, Granville Southern and the Tavises appealed Judge Lum's decision to the Court of Appeals; and WHEREAS, Granville Southern and the Tavises thereafter entered into settlement discussions with the City of Des Moines and the City of Federal Way concerning potential future development of the Tavis property; and WHEREAS, in anticipation of the annexation ofthe Redondo Riviera area by the City of Des Moines, and of the ultimate annexation of the area located between the Redondo Riviera annexation and State Route 99 to the City of Federal Way, and pursuant to RCW 36.70B.I70, the City of Des Moines, the City of Federal Way, Granville and the Tavises have negotiated a development agreement, a copy of which is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the City Council held a public hearing on July 18, 2000, to receive public input on the proposed development agreement; and WHEREAS, the City Council finds that it would promote the health, safety and welfare of the citizens of Federal Way to approve and authorize the City Manager to execute a development agreement between the City of Federal Way, the City of Des Moines, Granville Southern Corporation and Donald and Marie Tavis; and ORD# , PAGE 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings. The City Council hereby finds that: A. The proposed development agreement limits the density of development on the Tavis Property by limiting development to no more than 84 units, constructed in the fonn of single-family dwellings, duplexes, and one tri-plex. B. Fewer units would be pennitted under the development agreement than allowed under existing King County development regulations, and would be less than applied for by Granville Southern. C. The proposed development agreement will not be detrimental to existing or potential surrounding land uses, because any development will be subject to the requirements of the development agreement, City of Des Moines Code provisions concerning drainage, landscaping, parking, traffic, height, noise, and future use, and City of Federal Way Code provisions concerning signs. In addition, the development agreement provides for the voluntary payment by Granville Southern to the City of Federal Way of Granville Southern's pro rata share of the cost of two projects on the City of Federal Way Transportation Improvement Program, which projects will be affected by traffic trips from new development on the Tavis Property. Collectively, these provisions protect the existing and potential surrounding land uses from potential adverse impacts. D. In light of the Findings in subsections I.A - I.C above, the proposed development agreement bears a substantial relation to the public health, safety, and general welfare of the City. Section 2. Conclusions of Law. Based on the Findings of Fact set forth in Section I above, the development agreement is consistent with the criteria set forth in RCW 36.70B.170. ORD# , PAGE 3 Section 3. Development Agreement. The City Council hereby authorizes the City Manager to execute the development agreement attached as Exhibit A hereto, and to take all further and necessary action required by the development agreement. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2000. CITY OF FEDERAL WAY MA YOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, BOB C. STERBANK ORD# , PAGE 4 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\CD\ORDIN\GRANVDEV AGR. WPD ORD# , PAGE 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING AN AGREEMENT BETWEEN THE CITIES OF FEDERAL WAY AND DES MOINES RELATING TO POTENTIAL ANNEXATION AREA DESIGNATIONS. WHEREAS, on December 16, 1996, the City of Federal Way and the City of Des Moines executed an agreement relating to the potential annexation areas ("P AAs") adjoining the two cities; and WHEREAS, a portion of the boundary between the City of Federal Way's PAA and the City of Des Moines' P AA adjoins the western boundary of five lots owned by Donald and Marie Tavis and on which Granville Southern Corporation holds an option to purchase, and adjoins the eastern boundary of an additional, larger lot also owned by the Tavises and on which Granville Southern also holds and option to purchase; and WHEREAS, Granville Southern and the Tavises have negotiated a development agreement with the City of Des Moines and the City of Federal Way to govern the future development of the property owned by the Tavises; and WHEREAS, the development agreement contemplates subdivisionofthe six lots, and construction of the future 15th Avenue South; and WHEREAS, the alignment of 15th Avenue South approximates the current P AA boundary, except where it crosses the south portion of the Tavises' property; and WHEREAS, the P AA Agreement between the Cities of Des Moines and Federal Way ORD# ,PAGEl provides that the Agreement may be amended by the mutual consent of the legislative authorities of the two cities; and WHEREAS, the P AA Agreement provides that it may be amended when supported by substantial evidence of a significant change in one of criteria listed in the Agreement; and WHEREAS, those criteria include "creation of logical service areas (vehicular accessibility and utility construction)" and "recognition of physical boundaries," including "freeways, highways, and arterials"; and WHEREAS, by virtue of the construction of 15th Avenue South, development of the Tavis property will result in a substantial change to logical service areas and physical boundaries; and WHEREAS, on July 5, 2000, a public hearing was held concerning the potential change to the P AA boundary to correspond to the alignment of the future 15th Avenue South; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section I. Findings. The City Council hereby finds that: A. Substantial evidence exists that development of the Tavis Property and 15th Avenue South will result in a significant change to logical service areas, with respect to vehicular accessibility and utility construction to serve lots east of the new 15th Avenue South, and that construction of the road will result in a significant change to physical boundaries; and B. These significant changes warrant amendment of the P AA boundary to correspond to the eastern edge of the 15th Avenue South right-of-way. ORD# , PAGE 2 Section 2. Amendment of P AA Boundary. The City Council hereby approves amendment of the P AA Boundary Description and Map, attached as Exhibit A to the Agreement Between the Cities of Federal Way and Des Moines Relating to Potential Annexation Area Designation, dated December 16, 1996. Subject to the concurrence of the City Council of the City of Des Moines, the boundary shall be amended as set forth in Exhibit A attached hereto and incorporated by reference herein. Section 3. Severability. If any section, sentence, clause or phrase o( this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase ofthis resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2000. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ORD# , PAGE 3 . APPROVED AS TO FORM: INTERIM CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. K:\CD\ORDIN\GRANVDEV AGR.WPD ORD# , PAGE 4 ...~~!~~..!>..~!~~..!~.!¥....~~~!...~.~......................................................}.!.~.~~... ............................... ...... ..... ....... ..................... """'............... .... RECEIVEQ CITY OF FEDERAL WAY City Council AGENDA ITEM JUl 1 7 2000 FEDERAL WAY PUBUC WORKS AQMINISTRATION DMSJON SUBJECT: Williams Fiber Optic Franchise I Military Road ....................................................................................................................................................................................................... ."""""""............................................ CATEGORY: BUDGET IMPACT: CONSENT .x. ORDINANCE BUSINESS HEARING FYI _RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................................................................................................................................... ............................................................ ATTACHMENTS: draft Franchise Ordinance; Memorandum dated July 7,2000 from Bob C. .................. ......... ............................ ..~.~~ ~ ~~. .~?..~ ~..~ ~~.~~~:.~..~? ~? ~~..~ ~.~.: ~.?P..~~.~~..~.~~..~~~~? ~~!.. ~!~~~E~.. ~.?~~.~:~..... SUMMARY ¡BACKGROUND: Williams Communications has requested a franchise to locate 12 conduits and fiber optic cable within City rights-of-way along Military Road for its entire length within Federal Way (between approximately S. 306th and the intersection of Star Lake Road, Military Road and 1-5). The fiber system will be part of Williams larger network, running from Portland to Seattle. The conduits will be bored, and the right-of-way not open cut except at any particular locations where the Public Works determines boring is technically unfeasible. The conduits will be bundled within a single, 12-inch-diameter boring. Other franchise tenDS are consistent with other franchises the City has granted to Tacoma Public Utilities (for Lakehaven's Second Supply Pipeline) and to Weyerhaeuser and Sprint (for fiber optic cable). The terms of the franchise are summarized in the attached July 7, 2000 memorandum to the Finance, Economic Development and Regional Affairs Committee. ...........!. ~.?.. ~ ~ .~.:.. ~.? ~ ~~! ~ .È:~ ~~.. ~ ~.. ~ ~~ ~E ~.. ~?.. ~ ~. ~!~.. ~ ¥...~.~!!.~ ~~. ~.. ~ !.. ~ ~.. ~.? .~.!.. ~?. ~~. ~ .~~.:... .................... ... .... ..... ....... CITY COUNCIL COMMITTEE RECOMMENDATION: N/A """""""""""""""""""""""""""""""""""""""""""............................................................................................................................................................ ................. CITY MANAGER RECOMMENDATION: Move Franchise Ordinance to second reading at August 1, 2000 ....ç,~!.~..~.~.~.~~.~~~!.~~:......................................................................................... APPROVED FOR INCLUSION IN COUNCIL PAC (BELOW TO BE COMPLETED BY C COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERREDINO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # K:\FORMS\AGENDA.COY CITY OF FEDERAL WAY MEMORANDUM '.:'~>: . ..¡:;:. '. Date:. July 7, 2000 . . . .'. . ,..,' ..i.. ,.TO,:. ,. . . ~i~a., ~c~: Eco~onÿf~ ~evelo~ment and Regional Affairs Committee , L:.; ",;'Ft9J¡h: :',;" ,a9~.q;Sierb~uty CIty Attorney . Subject: Proposed Williams Communications Fiber Optic Franchise - Military Road Right- of-Way from approximately S. 30~ to Star Lake Road /1-5 intersection. Backt!round: Williams Communications has requested a franchise to locate a fiber optic communications system within City right-of-way along Military Road, between approximately S. 306th and the intersection of Star Lake Road, Military Road and 1-5. The fiber optic cable will be part of Williams larger network running from Portland to the City of Seattle. The basic terms of the proposed franchise are as follows: 1. Equipment The lease would permit Williams to install 10 underground conduits for fiber optic lines, and appurtenant vaults and "pull boxes" necessary to allow installation of fiber within the conduits. These facilities would be installed in the Franchise Area as shown on drawings that will be provided at the Committee meeting. Of the 10 conduits, eight will be 1.5 inches in diameter each, and will be for Williams' use; the remaining two will be 1.25 inches in diameter each and will be provided to the City at no cost. In addition, Williams will also provide to the City a continuation of the two City conduits along Military Road from S. 306th to S. 320th Street. 2. Consideration Williams will pay the City's administrative costs and expenses in preparing and approving the franchise. Williams will also relocate its facilities at the City's request, at Williams' cost, and repair any damages it causes to the ROW, also at Williams' cost. In addition, Williams is also providing conduit to the City, albeit on a volunteer basis (the conduit was not requested by the City). 3. Insurance Williams will maintain insurance of $2 Million combined single limit for both commercial general liability and automobile insurance. 4. Term The term of the proposed franchise is 10 years, consistent with franchises the City has granted to TCI (now AT&T, for cable); Puget Sound Energy, Tacoma Public Utilities (for Lakehaven's second supply pipeline); and Weyerhaeuser and Sprint (fiber optic cable). ., \". .' I' . -. .' '-}";"-'-"-"~':-, r~' " 5. Bond The proposed franchise requires Williams to post a bond in the amount of 120% of the amount of the facilities prior to commencing any work under the Franchise. 6. Outstanding Issues a. Assignment. Previous City franchises and right-of-way use agreements, particularly telecommunications franchises and right-of-way use agreements, contain provisions prohibiting the telecom company from as,signing or transferring its interest in the franchise without first obtaining the City's consent. Some franchises or agreements go on to provide that the City will evaluate the financial, technical and legal expertise of the proposed transferee before consenting. Williams, however, has requested that proposed transfers or assignments to parent or subsidiary companies be treated differently. Originally, Williams insisted that it be allowed to make such "in-house" transfers without any notice to or approval by the City. In the attached draft franchise, however, Williams has agreed to a provision in which City approval is required for all assignments and transfers, although a presumption that the proposed transfer is reasonable would exist for transfers to a parent, subsidiary or affiliate, provided that the City could first detennine that the proposed transferee had equivalent financial strength and technical capabilities, that the transferee would assume all of the obligations of the franchise, and that Williams would not be released nom the obligations of the Franchise by virtue of such transfer until the City consented to such transfer or assignment. However, the City may rebut the presumption of "reasonable approval" if the proposed assignee or transferee has a record of perfonnance under similar franchise agreements which is unacceptable to the City under a reasonable standard of evaluation. Selection of either option is a policy issue for the Committee and Council. Staff can work with the language currently proposed by Williams. Departing from the past standard, however, will may create a precedent, with the result that companies seeking ~-.franchise or right- of-way use agreement in the future will demand the same treatment that Williams has proposed. In addition, franchisees or telecommunications companies with whom the City has existing right- of-way use agreements or leases may demand that their agreements be changed to reflect the language proposed by Williams. b. City Conduit from S. 306th to S. 320th Street Williams has stated that its willingness to provide conduit for City use in the portion of Military Road from S. 306th Street running south to , S. 320th Street, in the event that the Council considers and adopts the Franchise by its August 1, 2000 City Council meeting. Williams, however, has been unwilling to include its commitment to do so in the Franchise document, stating its preference for a separate agreement. As of the date of this memorandum, however, no such agreement has been proposed, agreed upon, or executed by Williams. Staff will brief the Committee on the status of this issue at the Committee meeting. ,f '). ~. '. Committee Recommendation: '- Staff requests that the committee forward the proposed franchise to the full City Council, for placement on the July 18, 2000 City Council agenda, with a "do pass" recommendation; provided that the following changes are made to the draft franchise ordinance: a. None L b. :'5 ~ QMðch~ èørJ ~-h'o Y\ ~ Qf- (2f.-OH1/1. rhl!ry;/é1.-&/CW) - K: \telecom \fedracwiIl.doc it :~. ,)., r FINANCE, ECONOMIC DEVELOPMENT AND REGIONAL AFFAIRS COMMITTEE CONDITIONS OF RECOMMENDATION WILLIAMS COMMUNICA nONS FRANCHISE July 10,2000 I. Section 5.1. Replace 30- and 120~day time periods for production of "redline" and "as-built" plans with a single, 90-day time period for production of as-built plans. 2. Section 20.2. Add language memorializing Williams' commitment to provide two conduits to City along portion of Military Road from S. 320th Street to S. 306th Street. 3. Section 24.3 .1. Eliminate presumption in favor of approval of assignment or transfer to parent, subsidiary or affiliate. Substitute 90-day period for City action on request for approval of assignment or transfer, with 90-day period to commence upon City's receipt ofinfonnation and documents necessary to evaluate proposed assignee. k:\telecom \willcond. wpd ""~.'--- , .:' , ,t-\., IS . . DRAFT DATED 7/12/00 ,- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING WILLIAMS COMMUNICATIONS, INC., A DELA WARE CORJ,>ORATION, A NONEXCLUSIVE FRANCHISE TO OCCUpy RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN A SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING, MAINTAINING, REPAIRING, AND RESTORING A FillER OPTIC COMMUNICATIONS SYSTEM WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Williams Communications, Inc., a Delaware corporation ("Williams Communications") has requested a franchise from the City of Federal Way, in order to locate a fiber optic communications system within the Military Road right-of-way; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Williams Communications; and WHEREAS, RCW 35A.47.040 penuits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEQ~~ WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where used in this Franchise the following tenus shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.2 "Council" means the City of Federal Way Council acting in its official capacity 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means: (a) an underground fiber optic communication system comprised of twelve (12) underground conduits, of which ten have a diameter of 1.50 inches and Ordinance No. -' Page 1 K:\tclccom\williamsfran_fin J'o. ,-..Þ .;&. ' two (2) have a diameter of 1.25 inches; (b), the fiber running through the conduits; and (c) appurtenant splice boxes, pull boxes, and "J" boxes necessary to provide access to the underground conduits; all as specifically depicted in Exhibit A hereto and in plans on file with the City of Federal Way in File No. 00-103793 UP. "Facilities" also means any other equipment approved by the Federal Way City Council by ordinance and incorporated herein by amendment. 1.5 "FWCC" means the Federal Way City Code. 1.6 "Franchise AI:ea" means only that portion of the Military Road rights-of-way located in the City of Federal Way and shown in Exhibit A attached hereto, and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.7 "Franchisee" means Williams Communications, and its successors and assigns if approved and/or pennitted as provided in Section 24.3 herein. Section 2. GrantiAcceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within in the Franchise Area. This franchise is specifically limited to the right for Williams Communications to install Facilities owned and operated by Williams Communications. Franchisee may not provide cable television or open video system services, unless it first obtains a cable television franchise or open video system ITanchise or agreement from the City. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions:<- Section 3. Non-FranchiseArea City Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than the Military Road right-of-way depicted in Exhibit A. . Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Ordinance No. -' Page 2 K:\telecOll1\w ill iamsfran. tï n Section 5. Location of Facilities 5.1 Location. The Facilities shall be installed underground. The location of the underground Facilities and appurtenances, their depths below surface of ground or grade of a right- of-way, and any related existing equipment to which the Facilities are connected shall be depicted on "as-built" plans submitted to the City within ninety (90) days of the installation of the Facilities. The "as-built" plans shall be stamped by a Professional Engineer licensed by the State of Washington. Upon written ¡;equest of the City, Franchisee shall update such "as-built" plans to reflect actual or anticipated improvements to the system. Any such plans (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such plans be construed as a proposal to undertake any specific improvements. 5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information System ("GIS") teclmology, Franchisee shall submit the information required in Subsection5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City of Federal Way's reasonable request, provide the location of Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance requested by the City. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free passag<? of traffic; (2) in accordance with the laws of the State of Washington and City Code requirements, franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as required by the Director. This requirement applies whether or not the work is performed by the . Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. ReQuirementto Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work within the Franchise Area. Franchisee permit applications shall be accompanied by plans stamped by a Professional Engineer licensed by the State of Washington, which plans shall show the position and location of the Ordinance No. -' Page 3 K:\telecom\wi II iamsfran. fin , ,i. L 1 . ' ¡r ( " ". JÀ. I' (' .,. proposed facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-of- way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and. mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like-new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way pennit, and shall be in accordance with the Manual on Unifonn Traffic Control Devices (MUTCD). The Franchisee shall indicate on any pennit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the pennit or approval. 7.2 Emergency Exception to Pennit Requirement In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required pennit so long as: (1) Franchisee infonns the City of nature and extent of the emergency, and the work to be perfonned, prior to commencing the work; and (2) such pennit is obtained by Franchisee as soon as practicable following cessation of the emergency. Sectio_ll.8" Standard of Performance Franchisee shall not utilize open cut or open trench construction methods for installing Facilities, unless: (1) required by an emergency; or (2) unless boring is not technically feasible and pennission is first obtained from the Director of Public Works. In the event that Franchisee utilizes open cut or open trench construction methods, Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or pennanently, before the end of the work day in which they have been opened. Trench areas within the right-of-way, but not with in a driving lane, must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit ..."" Ordinance No. -' Page 4 K:\telecom\wi tliamsfran.fin '"" \¡ ~ , -..... issuance. As part of final surface restoration, Franchisee shall install new asphalt overlay for a minimum distance of 300 feet from the cut or trench on both sides of the cut or trench (i.e., a total distance of 600 feet) In the event that the City adopts a street or pavement degradation fee by ordinance, at the option of the City Franchisee shall pay such fee in lieu of installing the new asphalt overlay required by this Section. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. ,... .' ;"..~'. Ordinance No. -' Page 5 K:\telecom\wi!!iamsfran. fin . 'I' ~ .:c . Section 10. Surface MarkineslStakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method of referencing these monuments'or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. Section 11. Rieht of City to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair and Franchisee's obligation to remove or relocate facilities. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expe,nses and attorneys fees. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a: qualified and licensed electrical contractor. Section 12. Notice to FranchiseeofWork by City 12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, utility, telecommunications, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Ordinance No. -' Page 6 K:\telecom \wi II iamsfran. fin , :'r Washington State Constitution and general law. 12.2 Relocation of Franchisee's Facilities. In the event that exercise of any of the rights reserved under Section 12.1 above reasonably requires the City to construct. alter. repair. or improve the right-of-way ("City work"). and the City work necessitates the relocation of the Facilities then existing in the Franchise Area. the City may require Franchisee to relocate the Facilities. as provided herein. 12.2.1 City's Duties. The City shall: (a) Provide written notice as soon as practicable of the requirement for relocation and the date by which relocation shall be completed. The City shall calculate the date for completion of the relocation in accordance with RCW rSenate Bill 6676. Section 1; and (b) Provide Franchisee with copies of pertinent portions of the City' s p~ and specifications so that Franchisee may relocate its Facilities to accommodate the City work. 12.2.2 Franchisee's Duties. Franchiseeshall: (a) No later than the date set by the City for comt>letion of the relocation (unless adjusted by the City or a reviewing court t>ursuant to RCW 35A.21. rSenate Bill 6676. Section 61. raise. lower. or move the Facilities to the location or position directed by the City. to cause the least interference with the City work and to conform to such new grades as may be established. If the City improves the right-of-way and. if directed by the City. Franchisee shall replace the Facilities with substitute Facilities conforming to the specifications for the improvement of the right-of-way, (b) bear all costs and expenses of the relocation and provision of substitute Facilities. except as provided in RCW 35A.21. rSenate Bill 6676. Section 61. . -j/ ':~. ;." Section 13. Damage Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchiseeto rights- of-way, or to public and private improvements to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an improvement to a right-of-way as required Ordinance No. -' Page 7 K:\tclecom\williamsfran. fin . ,; '". ,11 ( .. "..' ,....""-,.......,.".."."'"'.~."......",."....,.~....... . t',. :,,¡... ;, in this section, the City may repair the damage and recover the costs and expenses of such repair from Franchisee in accordance with the provisions of Section 11 of this Agreement. Section 14. Default 14.1 Notice of Default In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of such notice in which to comply. 14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the sixty. (60) day period, the City may, by resolution, declare the franchise immediately revoked. Section 15. Limited Rights This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. Section 16. Eminent Domain The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 17. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than 30 days before vacating all or any portiütf.of the Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 18. Compliance with Laws 18.1 General Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that if any tenri or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise shall control. City and Franchisee acknowledge and agree that the terms, conditions and provisions of this Franchise are consistent with applicable law, including but Ordinance No. -' Page 8 K:\telecom\wi Iliamsfran. fin not limited to with the Telecommunications Act of 1996, existing Washington State statutes and Engrossed Substitute Senate Bill 6676 (as such Bill was passed by the Senate and House of Representatives of the State of Washington) and the FWCC, as currently enacted and interpreted. 18.2 Future City of Federal Way Regulation. Subject to Section 18.1 above, Franchisee acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereWlder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be boWld by same. Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee Wlder this Franchise for a period of 10 years against settlement or repair including Facilities and right-of-way restoration; provided, however, Franchisee is not guaranteeing the provision of any specific tel ecomm uni cations services. Section 20. Administrative Costs and City Owned Facilities 20.1 Charge for Administrative Costs. Pursuant to 35.21.860 of the Revised Code of Washington (RCW) and RCW 35.21.860(1 [Senate Bill 6676, Section 8], the City is currently precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065 and Service Providers as derIDed in RCW - [Senate Bill 6676, Sections 1(6) and 8(1) and], except that fees may be collected for administrative expenses related to such franchise and Franchisee does hereby warrant that its operations as authorized Wlder this Franchise are those of a Service Provider and telephone business as derIDed in RCW 82.04.065. In recognition of Franchisee's status, the City shall be entitled to reimbursement of all actual costs, including reasonable overhead costs associated with ¡the administration of this ftancÞi.se, or costs incurred by the City for actions Wldertaken in accordance with the franchise. These costs shall include, but not be limited to wages, benefits, equipment and supplies for activities such as plan review, permit processing and permit inspections. Such costs shall be billed to Franchisee on a quarterly basis and Franchisee shall pay such costs within thirty (30) days of receipt of such bills. Each bill shall include verifiable detail as to the nature of the costs incurred. Failure by Franchisee to make full payment of bills within the time specified shall be considered sufficient groWlds for the termination of all rights and privileges existing under this Franchise. Franchisee also agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City which are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the Ordinance No. -' Page 9 K:\telecom \wi II iamsfran. fin . ., "'. 11 ,/ , f.,.¡).' ':'-' supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the Federal Way City Code or as permitted by other applicable law. Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this fumchise or any ordinance relating to the subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City. In addition to the above, Franchisee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Franchisee's Facilities. Further, Franchisee shall also pay all taxes and pavement and street degradation fees which are authorized by law or City ordinance and may now or hereafter be required and imposed by the City. 20.2 City Owned Facilities. Franchisee, at no charge or cost to the City, shall provide and install two 1.50 inch conduits with splice boxes and pullboxes, for and on behalf of the City and such other equipment, all as set forth and depicted more specifically in Exhibit B, attached hereto and incorporated herein by this reference ("City Facilities"). Franchisee will provide that portion of the City Facilities located outside the City boundaries only if the City Council approves this Franchise, and the City approves permits necessary for construction of the Facilities, by August 15, 2000. It is understood and agreed that this provision does not commit the City to approve this Franchise, such action being within the sole and exclusive discretion of the City Council of the City of Federal Way. Franchisee and the City agree to cooperate in good faith to ensure that all permit applications, documents and information required for permit approvals are submitted within the time frame necessary to facilitate approval by August IS, 2000. The City shall inform Franchisee of thc' use, and any change in use, of the City Facilities. As part of such use, the City may run its own signal cable and/or fiber optic cable through the City Facilities at some future time and the City Facilities shall be adequate for such purpose. The foregoing warranty is exclusive and is in lieu of all other express and implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. If the City makes the City Facilities available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale or resale to the general public, then the City shall, pursuant to contract, reimburse Franchisee the fully allocated costs of installing the City Facilities. Such contract shall not be considered a public works construction contract. Unless provided otherwise in this Franchise, the City shall not use the City Facilities to provide telecommunications or cable television service for hire, sale, or resale to the general public. . Ordinance No. -' Page 10 K:\telccOl11ìwil liamsfran.fin _J Franchisee shall be responsible for obtaining all necessary permits, franchises, and/or approvals necessary - for installation of the City Facilities; the City shall cooperate in providing any information or documents necessary for such permits, franchises, and/or approvals. Within the borders of the City, the City Facilities shall be installed alongside and concurrently with the Facilities. The City Facilities will not be connected to the access structures and vaults of Franchisee. The City Facilities shall be owned by the City, and once installed, Franchisee shall not be responsible for them, othe~.than as provided for herein. Franchisee has proposed and voluntarily agreed to this Section 20.2 as a matter of contract even if it is deemed to be more than the requirements of applicable law. Section 21. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents or employees. In the event any claim, demand, suit or action is commenced against the City which gives rise to Franchisee's obligation pursuant to this Section 21, the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence. The provisions of this Section 21 shall survive the expiration or termination of the Franchise for a period of three (3) years. Section 22. Insurance 22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following Ordinance No. -' Page 11 K:\telecom\williamsfran_fin . Ie- . II. '~...tt; /"-- .-,,' .~.- """""~'-"" . ,...." .';J"I . ",'r~~' insurance, in such fonns and with such carriers as are satisfactory to the City. (a) Workers compensation and employer's liability insurance in amounts sufficient pursuant to the laws ofthe State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; and. (c) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. 22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insureds; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to' the limits of the insurer's liability; ( c) Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and (d) Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 22.3 Verification of Coverage.'~ ",Franchisee shall furnish the City with'certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. Section 23. Bond Before commencing work within the City, the Franchisee shall post a bond in the amount of 120% of the value of work perfonned in connection with the Facilities to guarantee perfonnance of the construction, performance, maintenance or repair in accordance with any permits required by Section 7, with the standard of performance as referenced in S'ection 8, and with the City's rights as Ordinance No. -' Page 12 K:\telecom\williamsfran.fin specified herein. Procedures for submission and release of the bond shall be as provided in FWCC Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perfonn as required herein or by any pennits required by Section 7, the City may perfonn the work as provided in Section 11 above, and may have recourse to the bond in addition to or in lieu of the remedies provided in Section II, at the City's sole discretion. Section 24. General Provisions 24.1 Entire Agreell)ent This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 24.3 Assignment and Leasing ¡Subleasing. 24.3.1 Assignment. This Franchise may not be assigned or transferred without the prior, express, written approval of the City, which approval shall not be unreasonably withheld, , provided that the Franchisee shall have the right to mortgage its rights, benefits and privileges in and under this Franchise to secure any indebtedness without notice or approval. Any attempted assignment or transfer in violation of this section shall be void. The transfer of the rights and obligations of Franchisee to a parent, subsidiary, affiliate, or to any successor-in-interestor entity acquiring fifty-one percent (51 %) or more of Franchisee's stock or assets, shall be deemed an assignment. The City's review of a proposed assignment or transfer shall be based on the following criteria: (i) the tr.ansferee shall have technical expertise, capabilities and fwancial strength to meet the obligations of the Franchise and being at least equal to or greater than that of Franchisee during the twelve (12) months prior to the transfer; and (ii) the proposed transferee's record of perfonnance under similar agreements. Further, the transferee shall assume all of the obligations of Franchisee hereunder, and Franchisee shall not be released from the obligations of this Franchise by virtue of such transfer until the City consents to such transfer or assignment. Franchisee shall give to the City thirty (30) days' prior written notice of any such proposed assignment or transfer and shall provide all necessary infonnation to the City, including financial data, in order to enable the City to evaluate Ordinance No. -' Page 13 K:\tclecom\williamsfran. fin . ..',. . .' "'."'" 1"': ",' '7" , '. \ whether the proposed transferee satisfies the foregoing criteria. The City shall take action on the proposed assignment or transfer no later than ninety (90) days of receipt of all necessary infonnation. In the case of any proposed transfer for which the City' approval is required hereunder, Franchisee agrees that the City's reasonable expenses incurred in reviewing such transfer or assignment proposal are Franchise administration expenses which ~hall be reimbursed pursuant to Section 20.1 herein.. To the extent allowed by law or a court of competent jurisdiction, the City shall treat documents and financial data provided by Franchisee for City evaluation under this Section as confidential and exempt from public disclosure. Within .thirty (30) days of the date of any approved assignment or transfer, Franchisee and assignee or tiansferee shall file written notice of the assignment or transfer with the City together with written acceptance of all tenns and conditions of this Franchise. 24.3.2 Leasing / Subleasing. Notwithstanding the provisions of Section 24.3.1 above, Franchisee may lease or sublease a portion of the Facilities to other entities, provided that Franchisee shall not pennit any such lessee or sublessee to utilize or control the leased or subleased Facilities until the lessee or sublessee has first obtained a franchise from the City. Franchisee shall provide notice, as soon as practicable but in any event prior to entering into any lease or sublease, of the name, mailing address and telephone number of any person or entity proposing or requesting to lease or sublease any portion of the Facilities, so that the City may contact and discuss franchise requirements with said person or entity. A.ny lease or sublease entered into in violation of this subseètion shall be void. 24.4 Attorney Fees. In the event the City or the Franchisee defaults on the perfonnance of any tenDS in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington, a court of competentjurisdictiondetennines that an administrative agency outside of King County has primary jurisdiction, in which case venue shall be said administrative agency Ordinance No. -' Page 14 K:\relccOIll \ wi Iliams fran. fin 24.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 24.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with. the laws of the State of Washington. 24.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 24.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: City: Williams Communications, Inc. City of Federal Way Attn: Manager of Land & Records Attn: City Attorney 110 West Seventh Street, Suite 500 33530 1st Way South Tulsa OK Federal Way W A 98003-6210 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 24.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect ~y of the provisions of this Franchise. 24.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. Section 25. Severability If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is Ordinance No. .--' Page 15 K:\telecom\wi lliamsfran.fm . .-.. .~., . . '. ..t, ~- ( '00{. , . ti '-:"" ~. ._..~~......, h.-.----__..__h. ~~?"". ~.. .----.. .... ..- hereby ratified and affirrÌled. PASSED by the City Council of the City of Federal Way this ,2000. ATTEST: day of CITY OF FEDERAL WAY MAYOR, MIKE PARK CITY CLERK, N. CHRISTINE GREEN; CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Ordinance No. -' Page 16 K:\telecom\williamsfran.ftn ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this - day of , 2000. WILLIAMS COMMUNICATIONS, INC. By: Its: Ordinance No. -' Page 17 K:\te lecom \ wi lliamsfran. fin . . 'fJ .'" ' ..<J. . ~ '1 ( '- . ""'"""1' " ,"--_. . .,' EXHIBIT A .,- Ordinance No, -' Page IS K:\telecom\williamsfran.fin '.~" EXHIBIT B r / Ordinance No. -' Page 19 K:'telecom 'wi II jams fran. fin ~ CITY COUNCIL MEETING SIGN-UP SHEET NAME: AD D RE S S: (optional) ~ f) UY;jCN Lor;c è'i'"2 10 Jc;th ü~ S. PHONE: (optional) LÇ) =-3 Lfto - 9' L Il.o I understand I have a 3-minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: G yoV\\::;,. \'V-- ~{' -\ -TRAf f IV IN SUPPORT IN OPPOSITION X- IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP.SHEET CITY OF ... ¿ . - ~-~...,~ ¿~~ Fn;::!~ ~'- / PHONE: (optional) CITY COUNCIL MEETING SIGN-UP SHEET ~ to a vCr f1/! ¿J d+J€t;~ '-~ "\ G (~ (67- Þ ~,.330~ Sr~ /-t: ~ t:ß::? 4C tt ) 4 V 9 E'c'Cl -3 /'::"-3 toh(-b h9'~ NAME: ADDRESS: (optional) I understand I have a 3-minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: ßVÙ-J ? d ~ IN SUPPORT IN OPPOSITION IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP.SHEET CITY OF .. ~ . & ECERRL- ~~~~ J NAME: ADDRESS: (optional) CITY COUNCIL MEETING SIGN-UP SHEET /~ðA IfS Q (j( ~ {} J ¿é {)):7 .;13 /- it / ~:J-.5~? c7Y!~ ~J 9 PHONE: (optional) ] understand] have a J;.minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: A. v¡ i! I\( ;. ¡.¡ J. is ç I .. fJ {ð If ;) J;¿ r; £if ftA4 / ¿i/14t¡ IN OPPOSITION IN SUPPORT IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP.SHEET CITY OF .. ~ . - ~.....~~~ ~~~RY~~'- V' NAME: ADDRESS: (optional) CITY COUNCIL MEETING SIGN-UP SHEET -~ ~-- ~'- ?-éa P«:. ~ aA t92 8 ~. 33oct. PHONE: (optional) ;;2~ 3- 8 llf--3 ( Dß:, I understand I have a 3-minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: IN SUPPORT IN OPPOSITION IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: '~,,~~ ~ cf-f ka('h ~d PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP.SHEET July 18, 2000 Page 1 ~@/ 0 '- , roo 111í ~' From: Barbara Reid To: The Federal Way City Council Re: Dog Ucenses Issued through 06-30-00 in South King County by King County Animal Control and others. Auburn 2,154 Des Moines 1,097. Federal Way 3,774 Kent 4,849 Renton 1. 900" TOTAL 12,774 King County Total 75,816 . Des Moines issues its own licenses . . Renton issues its own licenses. Renton's figure is out of balance, but the best the licensing department could give me. cc: County Councilman Pete Von Reichbauer City Manager David Mo~ey Parks Director Jenny Schroder Robert Kellogg Sr. H. David Kaplan Page 2 Should Federal Way Parks Go To The Dogs? There appears to be another move afoot to declare one of our existing parks an off- leash area. When we examined thIS issue a few years ago, the research indicated there was not a driving need for such a park within the city limits. Rather, we saw it as a South King County need. We have done the research. The numbers indicate that an off leash park in Federal Way would attract South King County and North Pierce County dog owners, probably outnumbeting Federal Way dog-owning taxpayers considerably. Some objections: COST. The site apparently being recommended is French Lake Park. In order to provide adequately tor visiting dogs, the City would have to; . Enlarge the parking area . Instan more fencing . Hire a park custodian to monitor activity and ensure all dogs are licensed and all o,^,ì1ers are cleaning up after their dogs. . Post signs limiting use of the park to dogs under voice control and not allowing small children in the area. . Liability. LOCA TION: French Lake Park is a :-.lEIGHBORHOOD park. The neighborhood consists of multi-family housing across First Avenue, with more multi-family housing planned for the NE comer of First and 312th. There is also plentiful R-l housing within a one mile radius. It is only because so Uttle investment in amenities at French Lake Park has been made that some people think that we should hand it over to canmes. French Lake Park needs our attention as a family oriented neighborhood park. That means the right 1dnd of investment - for 1dds. Not pampered pcxx:hes. French Lake Parle needs: . Swings . A super-sized sand-box . A concrete pad with basketball hoop for one-on-one Or practicing hoop shots. . Restrooms . A barbecue area Above aD, French Lake Park needs a mam entry, with wide steps leading into the park from First Avenue. Sununary: French Lake Park is a hidden asset that is supposed to serve a neighborhood but faDing far short of the mark. CITY COUNCIL MEETING SIGN-UP SHEET PHONE: (optional) v/ NAME: ADDRESS: (optional) ;28' ¿;L¡~eß, . ¿C) I£/q. c¡~{)¿?~ I understand I have a 3-minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING A~:~:: --""'" rT IN OPPOSITION ""> 'INLê~ OF SPEAKING, I REQUEST T coMNŒ~ ORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP.SHEET CITY COUNCIL EETING SIGN-UP SHEET NAME: ADDRESS: (optional) PHONE: (optional) I understand I have a 3-minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: ~\þyL{;Jj £ÆÆJ, IN SUPPORT IN OPPOSITION IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKIIVG K:\CLERK\SIGNUP. SHEET CITY OF .- ~ . - EI:I~ .~~~ i/ CITY COUNCIL MEETING SIGN-UP SHEET NAME: ADDRESS: (optional) PHONE: (optional) 54NÞ:7 \AÆ ~~ V\ \ (Ii l/JO ~ '3 ?/,+- ~t )}\- if 'D ~ {:¡vU7, {tv ~ t?¡tf/'í ~ 21;;3 t~f loll> I understand I have a 3-minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: (!otMJ& V 1fM1-.- é hx i91Uf¡ ¡ ,;.A-..¡ 51 >1 f '>.1 dJ.t 1) IN SUPPORT IN OPPOSITION IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGJ\ilJP.SHEET CITY OF - ~ . - ~-~..,~ ~ ~~ RYJI::.lJ ~~ vi CITY COUNCIL MEETING SIGN-UP SHEET NAME: ~ ~ Hwd ~J:- 5u.sCLf'.. f-b¡yje.- ADDRESS: (optional) PHONE: (optional) I understand I have a 3-minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: ~ (O\:J ÑlÌ2...6.cT --ÇbR St:: R:V\ cE S, ") IN SUPPORT -À- IN OPPOSITION IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMJv1ENTS INTO THE RECORD Any written comments: 1l~ ?~t: çG N\ \(\1 ~ 1\:\2-\ A 1)~ W Cl=: Cj)Å/\¡f~NY PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP. SHEET CITY OF - . ~ ~- ~ ECERRL ~~ fD' PHONE: (optional) CITY COUNCIL MEETING SIGN-UP SHEET ¡j c Ò 4 vI- Þ J<JH74W s&~C(ò 7/7 ~...r ¡::::::í¿ q !> tJð r (~-3) q«(-?~/9 NAME: ADDRESS: (optional) I understand I have a 3-minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: IN SUPPORT IN OPPOSITION IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP.SHEET .Q) CITY OF .- ~ . - ~-~~~ ~~~ RY~ ~'- v CITY COUNCIL MEETING SIGN-UP SHEET PHONE: (optional) STeVe: CJ1}.:)'E.tLL ~ß 1 bF:}J) -V \AJ ~C':L\~ oFFJú:::-1L5 ~ LJ~b NAME: ADDRESS: (optional) ] understand] have a 3-minute time limit to speak. ] also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: -A??iL£L-IITIJOJJ of C~bEF ~ùTvtt£"' o~ 6~). IN SUPPORT IN OPPOSITION IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP.SHEET (]) l// CITY COUNCIL MEETING SIGN-UP SHEET NAME: ADDRESS: (optional) \ ~~- 11 I. 5-,---:3 ~~ PHONE: (optional) I understand I have a 3-minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: @ . \ /J --z¡.-,- /7. cD ~ ~ CY-' C'~ ~~- IN SUPPORT ~ IN OPPOSITION IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP.SHEET CITY OF .- .~._- EC~ ~~~ / l/ CITY COUNCIL MEETING SIGN-UP SHEET PHONE: (optional) & L Kc /I~c / I .5:3 L/ / c¡ :5 .:;;J y-~ rP i ~~d~y.q. I ~~7 q ç:2- . 2. _:s,p } / .~. 1 '7..-' NAME: ADDRESS: (optional) I understand I have a 3-minute time limit to speak. I also understand the Mayor may interrupt any citizen whose comments continue too long, relate negatively to other individuals, or are otherwise inappropriate: I WISH TO TESTIFY TO THE CITY COUNCIL ON THE FOLLOWING AGENDA ITEM AND/OR ISSUE: (, 1<'1 ~'.--?IV / -> ~ø- / -?->- v<- ~ /;4 '2 J:::::-y-- C,A C L, ¿ ¿:J-J¿ 'C ¿::J S 0 cÝ <:"c". .~ d- k / IN SUPPORT IN OPPOSITION IN LIEU OF SPEAKING, I REQUEST THE MAYOR READ MY COMMENTS INTO THE RECORD Any written comments: PLEASE COMPLETE SIGN-UP SHEET AND PRESENT TO THE CITY CLERK PRIOR TO SPEAKING K:\CLERK\SIGNUP.5HEET Bob Kell°f!}, 33419 33' PI. SW Federal Way W A. 98023 ~ Œ Q Vd <l\ '1~\ Ò¿{ Mayor Michael Park. City of Federal Way F.W. City Hall Dear Mayor Park., I read the enclosed article from the The News Tribune with a great deal of concern as it indicates that some on the Council favor the use of French Lake Park as an off leash dog park. My hope is that they will reconsider their position before taking any formal action as if this is done it will give almost exclusive use to dog owners while virtually excluding its use for the rest of the public. Considering our present needs for multipurpose parks and with the demands that future urbanization will create for more I believe it would be a mistake to limit French Lakes present and future use. As an example of what I mean, the day after the news story I went over to see who might be using French Lake Park and I saw where eight to ten middle to senior age women had moved two tables together and were having a picnic lunch. As I watched I tried to imagine what would happen if there were also eight to ten individuals there with their dogs off leash. Would there be dogs barking loudly as they chased after balls as depicted in the papers photo? Could one or more of these dogs be attracted to the food and beg or demand a share, or most importantly could the women be in greater danger of being bitten than if the animals were on leash? Then I asked myself, what has been the primary responsibilities that the Council has set for itself and its commissions, is it not that public safety comes first? Before retiring I spent twenty-five years as an underwriter for an insurance company and in that time I probably reviewed thousands of dog bite claims. One thing I learned is that dogs are unpredictable, even the nicest most loving dogs can bite someone, and they can and do cause serious injuries. The injury photos more than occasionally showed individuals disfigured by such attacks and they were particularly hard to look at when it was a child; unfortunately, this was the norm not the exception. I have many stories I might tell, instead I have enclosed a couple of news report that better illustrate why I am so very concerned about unleashing dogs anywhere within the boundaries of our city, especially in our parks French Lake is a beautiful park. The prior owner [Golf Fun] spent one million dollars to develop it to what you see today. Unlike other parks we have had to build from scratch we are at a point now where all we need to do is master plan it and then develop it. I sincerely hope that when this happens it will be a park where everyone will be able to go and use it, not just one special interest group. Sincerely, Bob Kellogg Fe de fglWar 11l ar let dog ~r°.J:npil1;,~J;"el1ch LakeB ark ; "'C' "',"":¿¿:""i,,,'\:L,\",;: / ' , , , / , Jen Lynham and her chocolate Lab Ju,les play in an otherwise empty French "i tHe, park an off-leash area so dog owners can let their pets scamper throughout Lake Park this week in Federal Way. The city is considering officially designating' the grounds without a restraint. ' " I(oem':for; 'rùñflllìg ¡(t (J"ose City considers giving quiet lO-acre park an off- leash designation By S~N~~OBINSON .THE NEWS TRIBUNE 'Th JenLynh::un,i¡<'renùh Lake Park is a perfeùtplaçefordqgs. Lynham; who lives nearthe quiet. park by Mirror Lake,lets~her chocolate Lab run freely through the 10acrE1s and says otherdog.owning residents ,do the same. She'd like to see the city make it official, andturntheparkihtoån off-leash area. "Well, there'shardlY3.1lybody th.ere, ever," she said. "There's also a reallygrea.t fence around the wholethfug so they can't 1'I.Ul into the street. Andirs big, so if there's other people with their dogs or without, we can àlways go somewhere effie," 'l'heparkh&a açwioll§ history.lJntil +989, it was~qwnås,golfun, a recre- ationalgolf course knoWn for its ,over- sized holes and balls. In 1990, the Qity of Federal Way, Fire District 39 and the Lakehaven Utility District pul1dhasedthepropertyfor $1.1 niillion.The city subsequently took sole ownership of the site. ' It was christened French Lake Park, after ,an early resident of the area who lived on the edge of what is now known as Mirror Lake. , Sinùefhen, the park has been linúted ih itslìses. Amenities amount to a few picnic tables. , Parks'director Jennifer 'Schroder' is willingt() consider the possibility of es- tablishing an off-leash park. The city park'scoII1D1ÌSsionis considering the pro- posal. One concern Schroder and com- mission members raised is the amount of 'ttafficall,off-Ieash park would generate. , "Without a doubtit11'be a regional at. traction, juSt from talking to those (com- munities)th3ot have them," she said. The most prominentoff..leash parkih the Puget Sound region is Marymoor Park in, Redmond, where 40 aCres are ,,----',.--' '-,,-,,----, set asidef6r dogowne:rs., Five parks in Seattle have small off-Ieashareås. There are no suchfacilitíes ih Tacoma's Metro Parks or the Pierce County parks system. King County parks spokesman Al Dams said Marymoor isapppular desti- nation. Concessionaires seUdogbónes and other pet acçe~:r'Ìes atthesite¡oAvol- un te.ergrp1.! p. .pf dog. o:wn.ers. çoIl, tributes tÌn1e andfuoneytOkeep up theåtea. "We get ovéra million people into that park every year," he said. "Alótofthose p~oplé.are hereto.u$e the dog area ~ ptobåbly afuajority. Thatparkinglót is filled all the tÌn1e." The activity creates the need fòr ex- tramaintenance --more garbage to pick lìp and more ofthefa1niliatresiduedogs tend to leaveih their wake. However, the impact and traffic at Marymoor may.be afactor ofsïze and vis- ibility. The Marymòor site also ihcludes aCCess to the. SamrnamishRiver ~ a very popular feature, Dams said. The only other park ih the King Coun- ty system with an off-leash area is ",---", Luther Burbank Park on Mercer Island. The 1-acre,off'4åash area doesn't :feœi'\Té as much regional traffic. as Marymöör; Dams said. The Federal Way City Council would decide on the French Lake Park plan; council members ate generally reteptíve to the idea. Please see .Off!'ieash, B3 .1 S~attle Times: Another boy bitten by dog at same park http:/ /www.seattletimes.comlnews/local/htmI98/dogs_19990414.html .:...'... ..:0 .. ~ .... "." .... .. . . . ...... ....f'REESEEICFlING .-...._A_- I 4Local News Posted at 11 :00 a.m. PDT; Wednesday, April 14, 1999 ~ Another boy bitten by dog at same park LAKE WASHINGTON TECHNICAL COLLEGE by Jake Batsell and Eric Sorensen Seattle Times staff reporters A 13-year-old boy was attacked by a pit bull last night at the same playground where a 2-year-old had been severely mauled by two Rottweilers just the day before. LaVar Jackson had turned away ITom a group of girls outside the Rainier View Elementary School when a pit bull they had on a chain leapt and bit him in the stomach. The dog left a bruise and four puncture wounds that were treated by the family's health-care provider. "I was shocked," Jackson, an eighth-grader at Seahawks Academy, said this morning. "This dog bit me. This dog tore my shirt off" Friends of Jackson chased the girls off the playground, and police were unable to find them after searching the area for nearly three hours. Jackson's mother, LaVerne Andrews, said she wants the owners located so the dog can be killed. "Any dog that attacks somebody needs to be put down," she said. "If it does it once, it will do it again - even to its own family. " The owner of the Rottweilers that mauled 2-year-old Alexander Anderson Monday will face nine citations and an estimated $500 in fines, Seattle Animal Control officials said yesterday. "If they were leashed and controlled properly, this wouldn't have happened," said Don Jordan, manager of Animal Control. The toddler was upgraded to serious condition yesterday at Harborview Medical Center in Seattle after undergoing lof3 04/29/9923:27:01 Seattle Times: Another boy bitten by dog at same park 2 of3 http://www.seattletimes.com/news/local/htmI98/dogs_19990414.html surgery. He suffered severe bites to his face, scalp and legs. Police said Alexander was attacked by the two Rottweilers as he was chasing after a smaller dog, a cockapoo, at Rainier View Elementary School in South Seattle. The cockapoo also belonged to the Rottweilers' owner, whose daughter brought the three dogs to the school Monday. Wesley Reinsmith, a neighborhood resident who was playing basketball at the school, pulled the dogs away from the boy. A teenage girl then carried Alexander to a nearby house, and medics were called to the scene. Jordan said the owner will receive nine citations: three for allowing each dog to run without a leash, three for each dog being present on school grounds and three for failing to obtain a license for each dog. Animal Control officials also will be in contact with the City Attorney's Office to determine whether criminal charges will be filed, Jordan said. "The biggest message is, owners need to be responsible for their dogs," Jordan said. The owner, who could not be reached for comment yesterday, has asked that the more aggressive dog be killed, Jordan said. The fate of the other dog depends on the outcome of the citations, Jordan said. Latonya Anderson, Alexander's mother, said yesterday that "I want those dogs dead - no ifs, ands or buts. " The attack has renewed interest in Senate Bill 5027, which would toughen the current dangerous-dog law. The bill is stalled in the House Appropriations Committee, but the committee's co-chairwoman, Rep. Helen Sommers, D-Seattle, said, "The Legislature does revive things. " Information from The Associated Press is included in this report. Jake Batsell's phone message number is 206-464-2595. Copyright @ 1999 Seattle Times Company 04/29/9923:27:38 Sedle Tiß1Gs: Search Results' http://archives.seattletimes.com!cgi-bin!...splay?storyID=3 6d4 b8d93 f& query=dog+attac k " . ..... ..... ..... ................." ............. ...........".......".... .......... ........ ...:::..::...:...:...:. :.....:.....:.:...........:...::..;.. ::...::.......::.:......:..::.:...:.:... T:hêSêåtîle1'1rñêš: . . Home Oelive*'V : .. '~"ø "S t?,~~~ --------.-.------------. ...1 ~ . , IÞ-Search Ae:ain IÞ-Browse by Date Copyright @ 1999 The Seattle Times Company NationaIlWorld News: Tuesday, June 17, 1997 Boy who was mauled saving friends now faces cruel taunts by Connie Schultz Newhouse News Service CHAGRIN FALLS, Ohio - There was a time when Joey Jacobs was a hero everywhere he went. Total strangers would come up to the 9-year-old with no left ear and a scarlet face full of raw, jagged scars and tell him how brave he was, how much they admired him for rescuing two mends ITom an attacking Rottweiler. That was three years and eight reconstructive surgeries ago. Before the synthetic ear, transplanted with hope and hoopla, had to be removed because of complications. Before the little boy with the impish grin had stretched into the lanky kid on the brink of adolescence. Before he moved ITom his supportive elementary school in Chester Township, Geauga County, Ohio, where the kids knew his story and admired his courage, to a middle school in Chagrin Falls, where taunting classmates call him "dogface" and "earboy." Joey, who turns 13 next month, says he doesn't feel much like a hero anymore. Every time he leaves his home, he is conffonted with a jarring truth: In the eyes of almost everyone else, he doesn't fit in. His face remains criss-crossed in raised, pink stripes, and when he turns full face, which is rare, his missing ear renders him asymmetrical. lof4 04/29/9923:50:00 SeQttle TiIMs: Search Results http://archives.seattletimes.com/cgi-bin/... splay?storyID=36d4b8d93 f&query=dog+attack He waves off any suggestion that his eyes are beautiful, that his smile is endearing. Strangers stare, he says, and little kids point. At Chagrin Falls Middle School, some have resorted to outright ridicule. "I don't feel like I'm any different from the other kids, but when I look in the mirror, I see I'm different from everybody else," Joey says. "People are perfect here. I'm not. Some of the boys will say things like, 'Hey, Joey, you left your ear back there!' Day after day after day they do it, and sometimes they go a little too far. Then I lose it. I end up in a fight. " Joey was a third-grader in December 1993 when the dog bolted from electronic fencing and lunged for him and his friends, who were playing in nearby woods. He distracted the dog so his friends could escape, but then the Rottweiler turned on Joey. The animal bit off his left ear and part of his right, dragged him 127 feet through the snow and chewed his face beyond recognition. By the time the dog's owner found Joey, he was propped up against a tree, motionless but still conscious. From a distance, she thought he was wearing a red hat. As she ran closer, she realized the red blur was his face. Hundreds contacted him Hundreds of strangers mailed Joey cards, letters and gifts, including a dark-green beret sent by Sgt. 1st Class Rod Knight of the 7th Special Forces Group at Fort Bragg, N.c. "If I ever find myselflacking the strength or courage to go on," wrote Knight, "I will remember your story and overcome. And if anyone ever asks me who my hero is, I can tell them: a man named Joey Jacobs." Such support bolstered Joey's spirits, but he says he never felt he was a hero. "They say I was heroic when I told my friends to go into the house while I stayed with the dog, but it just seemed like the right thing to do at the time. I don't regret doing it. I'd do it again, because I still think it was the right thing to do." He also feels that his mother, Kathy Carroll, 33, is the true hero. "My mother has gone through as much pain as I have, but nobody knows it," says Joey as tears fill his mother's eyes. "I wish my family wouldn't have to go through all this. I feel sorry for that. " 2 of4 04/29/9923:50:33 Seattle Ti~s: Search Results http://archives.seattletimes.com!cgi-binl... splay? story ID~ 3 6d4 b8d 93 f&query-dog+attac k Since the attack, Carroll and Joey's stepfather, John Storaasli, have divorced. She has since moved Joey and his brother, John, 5, to Chagrin Falls. She is visibly calmer than in the first months after the attack, when she carried around Joey's school photo to show everyone what he looked like before and talked hopefully about surgery that would restore his face. 'This is Joey now' "This is Joey now," she says, smiling. "This is what he looks like. The other Joey is gone, and we have to deal with him as he is today. At his other school, everyone was so kind and supportive because they had gone through it all with him. I know kids can be cruel, but it's very hard to see his anger, all his hurt, when he comes home from school now." Matt SaÎ1.ders, Joey's best friend and classmate, says he feels pain watching his friend suffer. "I feel hurt right along with him, because he gets made fun of all the time and he tells me a lot of things. They call him 'no-earl and' dogface' - the kids have no respect. If one popular kid says he hates Joey, then the whole class will. Girls will be his friend. because hels funny, but they won't, you know, like him, because they're afraid their friends will make fun of them. " School principal John Richard is aware Joey had experienced some "adjustment problems" but not that he had been regularly taunted. More than anything, Joey just wants to look like everyone else. He talks excitedly about the possibility of an artificial ear down the road, and he discusses at length a Boston doctor who has succeeded in growing human ears - made from human cartilage - on the backs of rats. Carroll says she has been in touch with the doctor, who has yet to transplant one of these ears onto a human. Joey is a reflective, soft-spoken boy who shrugs his shoulders when first asked if he likes girls, then admits he does but doubts they will ever like him. He wants to be a fighter pilot, although many caution him against stoking such dreams. Joey says he has "lots of problems, lots of worries. " He loves playing football, but the helmet makes his ear bleed. He is a star swimmer on the recreation department's swim team but suffers constant earaches from the water. And he wonders 3 of4 04/29/9923:50:38 Seattle TilI'.~s: Search Results- http://archiyes.seattletirnes.corn!cgi-binl.. . splay? story ID=3 6d4 b8 d93 f&query=dog+a ttac k what is up ahead. 'I worry about the future' "I worry about the future, like will I be able to get a job in a couple of years like most kids? I'm maid no one will hire me because of the way I look. " Despite the hardships, Joey remains philosophical about why he was the one whose life was so dramatically altered that winter day. "I think what happened was supposed to happen, and you have to accept it. When you make a mistake, you're supposed to learn ITom it. I have to move on; I have to take each day as it is." As if offering proof of his acceptance, Joey grins and points to the house next door. There, sitting in the neighbors' fenced yard, is a big, black Rottweiler. "It doesn't really bother me," Joey says. "It bothers Mom, though. It brings back memories. " """"""",~"""",,"""" """"""."""""""""""",,, ","".,..,.."""""",.,.""..", """",.,.""""""","'" Exþor'.-:thømaÜ ~{}mþr~Mn~iv<:g\Hd~i "..'....H~Ór~j«tè .A.' \",?,'. 'h""",~_,_---~,.. . ..' .t~fMN! thimóQÐ,......'.'.. .....~ d~oo¡ s. .'...~Séhf , " .t:', . '..---r. ín the greahr Se<1tt1t?:, at'<!:U", ,,' .. ..'. . ...'.... AU , ..",.'""".".",.."""".""""",..""""""",."""".""""""", "',,"","""",",'"",,""""',',',' I """m,""""'","""","-","""""""""""""~"""""-,,,--~,,,, . '" ,-~-",-,."~.",.,.",..""~""",.",_.",.",...""",-""",_..."",..,,,, [ seattletimes.com home] [ Classified Ads I Yellow Paaes I Contact Us I Search Archives] CoDvriaht @ 1999 Seattle Times ComDanv 0 aa('k: to Top 4 of4 04/29/9923:50:47 ~'-~ ,-.------ .-.-.--- .