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2003, 05-27 Regular Meeting MinutesMayor Michael DeVleming called the regular meeting of the Spokane Valley City Council to order at 6:00 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels, and Steve Taylor. Staff present: City Manager David Mercier, Interim Deputy Manager Stan McNutt, City Attorney Stanley Schwartz, City Attorney Cary Driskell, Interim Public Works Director Dick Warren, Interim Long Range Planner Greg McCormick, Interim Current Planner Kim Lyonnais, Scott Kuhta, Interim Building Official Robert Ely, Interim City Engineer Dick Thiel, Deputy City Clerk Sue Pearson, and Interim City Clerk Ruth Muller. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Invocation: Pastor Ian Robertson, Spokane Valley Nazarene Church, gave the invocation. Roll Call: Interim City Clerk called roll. Introduction of Special Guests and Presentations: Mayor DeVleming introduced John Custer, Veterans of Foreign Wars, VFW, President. Mr. Custer introduced Mr. Des Thompson, a World War II veteran. They presented the Council a blue star banner for all the veterans in Spokane Valley and those who are serving the armed forces from Spokane Valley. They presented a booklet that tells of the significance of the flags thirteen folds and the history of the gun salutes. Mayor DeVleming read into the record a proclamation for Buddy Poppy days. Approval of Agenda: City Manager David Mercier asked that item 13.C(2) be removed from the agenda. Councilmember Taylor moved and Councilmember Flanigan seconded that the agenda be approved as modified. The motion carried unanimously. Council Reports: Councilmember Munson explained he met with the AWC Resolution Committee. They reduced the number of resolutions from 25 pages to 10 pages for the AWC Conference in June. Councilmember Flanigan stated that a request for proposals (RFP's) for the hotel motel committee will be reviewed at their meeting this week. The document will be given to the City Attorney for his approval. Council Minutes, May 27, 2003 Approved by Council: 06 -24 -03 City of Spokane Valley City Council Minutes Regular Meeting May 27, 2003 1 Mayor's Report: Mayor DeVleming reported the Centennial Trail Board meeting discussed the 11 Annual Trail Days scheduled for the 21 of June, 2003 at Mirabeau Park. Mayor DeVleming informed the Council that the Soap Box Derby was on May 16 and 17 in Spokane Valley. The Mayor stated that Councilmember Munson will not be at the June 3 and June 10 meetings. He will be on a business trip. Mayor DeVleming moved and Councilmember Taylor seconded that Councilmember Munson be excused from the June 3rd and the June 10th meetings. The motion carried unanimously. Councilmember Munson explained that the Mayor will not be at the June 10 Council meeting. Councilmember Munson moved and Councilmember Denenny seconded that Mayor DeVleming be excused from the June 1 ' meeting. The motion carried unanimously. Public Hearing: Mayor DeVleming opened the Public Hearing at 6:15 p.m. The Mayor stated that the purpose of this hearing is to receive citizen input on the proposed zoning ordinance amendment. Long Range Planner Greg McCormick stated this ordinance is an extension of the previous ordinance where city staff investigated six places for appropriate zoning. Mr. McCormick described each of the six changes. The Mayor opened the public hearing for public comment and explained the process. Sandra Skinner Young for Catherine Skinner, 10 N Bolivar, explained the zone change request for her mother, Catherine Skinner, who was unable to be present and does not live at the above property. The residential property is surrounded by 27 business parcels. Noise and business traffic make this property difficult to rent as a residential building. She requested a change in the zoning for her mother's property. Edwin Repp, 4512 S Madelia, Vice President of the Associate Restaurants has business property that the family has owned for 45 years. Then Appleway Boulevard brought in infrastructure. He requested rezoning from Spokane County. The Hearings Examiner approved a B -3 designation. He appealed to the County. The Commissioners redesignated the property as B -1. The property has been for sale. He had an offer for the property but the business could not be placed there under a B -1 zone, so he lost the sale. He is requesting a change of zoning. Councilmember Munson asked staff if there is a way to short track Mr. Repp's request for a zoning change. Planner McCormick stated that the comprehensive plan will be reviewed soon. The owner needs to submit a request for a zoning change. There being no further comments, Mayor DeVleming closed the hearing at 6:35 p.m. Council Minutes, May 27, 2003 Approved by Council: 06 -24 -03 2 Public Comment: Mayor DeVleming opened the Public Comment period for comment on the proposed stormwater regulations. Mark Richards, 5813 E 4 representing the Spokane Home Builders and the Spokane Area Realtors, asked if Section 4 was stricken. He was informed it was amended. Steve Worley, Engineer for the Spokane Stormwater Utility, stated that last week Mr. Richards presented testimony to the County. Mr. Worley thought there might be some confusion related to the agreement with Spokane County for services only. The information that Mr. Richards is referring to is the ordinance on stormwater control. Consent Agenda: City Clerk Muller read the consent agenda. Councilmember Taylor moved and Deputy Mayor Wilhite seconded that the consent agenda be approved including (1) Regular Meeting Minutes of April 8, 2003; (2) Study Session Notes of April 15, 2003; (3) Regular Meeting Minutes of April 22, 2003; (4) Claims obligations in amount of $245,227.14, and (5) Payroll obligations in amount of $25,528.63. The motion carried unanimously. Agenda Bill No. 2003 -118, Ratification of County changes to Street Maintenance Services agreement: Mayor DeVleming moved and Councilmember Denenny seconded that the motion to ratify County changes to the Street Maintenance Service agreement be removed from the table. The motion carried unanimously. Interim Attorney Schwartz and Public Works Director Warren reviewed the changes to Section 4 of the agreement. Councilmember Munson moved and Councilmember Denenny seconded that the Council ratify language changes made by Spokane County to the Street Maintenance Services agreements. The motion carried unanimously. Agenda Bill No. 2003 -131 (Regulating Storage of Junk Vehicles on Private Property, Ordinance No. 67): Interim City Clerk introduced Ordinance No. 67 by reading the title. Deputy Mayor Wilhite moved and Councilmember Munson seconded to suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 67, An Ordinance regulating the storage of junk vehicles on private property. Attorney Driskell summarized the changes requested by Council of this ordinance. This ordinance will need to be adopted concurrently with a tow operator's ordinance and staff are working on the process and procedure. Councilmember Munson questioned the 60 day time period as possibly being too short for rebuilding a car. Councilmember Flanigan questioned whether this ordinance is for repair or rebuilding. Councilmember Taylor asked if this is for one parts car only and not for the car being repaired; it is for both. Interim Attorney Schwartz explained the definitions of a junk vehicle are directly from RCW 46.55.010. The Mayor asked about the removal of Section 4; this section is inconsistent with the state law. The Mayor opened the discussion for public comments. Michael Young, 16704 E Valleyway, stated he bought property for room for his cars. The cars can not be licensed until they are complete. It can take him five years or more to complete a car. He has three cars ready to be worked on as he has time and money. Parts are sometimes unavailable for long periods of time. Council Minutes, May 27, 2003 Approved by Council: 06 -24 -03 3 Grant Rice, E 16620 Valleyway, says he is third generation Spokane Valley living at his current location. Spokane Valley used to be farmland. Council needs to consider what they are doing. There is a petition to disincorporate and this could trigger many to sign it. He cautions the Council about how they handle this issue and asked why the City isn't using the County's methods. Robert Pike, 8203 E Jackson, is a 13 year resident of Spokane Valley and supported the incorporation. He really wanted to escape the County methods and questioned whether the City needs this ordinance. He did not remember this being an issue during the incorporation. He would like to see the definitions of a junk vehicle and encouraged the Council to reconsider and research the ordinance more thoroughly. The Council may find this ordinance will be difficult to enforce. Jim Burke, E 13105 Mallon, builds street rods as a hobby. He has worked with the state to define street rods, custom and classic cars versus junk vehicles. He would like to work with Spokane Valley to help develop good definitions. George Feldmiller, E 14023 25 Court, stated he thought it was ironic that the Council starts with a prayer for freedom and then to try to prevent a freedom. He said the 60 days in not enough time if one is rebuilding a vehicle and does not believe the City has the right to confiscate private property. He said the ordinance is very strict, more so than the County ordinance. Jim Poston, PO Box 117, stated it is obvious that the person writing the ordinance does not repair or rebuild cars and that person really needs to get input from those who do. He does not think a three year old car can reasonably be called a junk vehicle. He discussed how unreasonable the definitions are. He encouraged Council to fix streets and have more police instead of dealing with this junk vehicle ordinance. Nick Wolfe, 4321 S Woodriff Road, is a 30 year resident of Spokane Valley. He fixes and restores 1960 vintage cars as a hobby. He sometimes needs 2 — 3 parts cars since the parts are not available within 300 miles. He has fenced at the request of the County. The Council needs to develop a committee to help develop reasonable time frames. Eric Wolfe, 1410 S Pierce, stated that parts are not available for some cars and parts cars are necessary and he did not see any provisions for race cars that are being repaired. He requests Council to take a deeper look at the provisions of the ordinance. Robert Sill, 10605 E 15 stated he agrees with all the comments. Council works for the people and need to keep this in mind Dale Halverson, 18324 E 4 agrees with the comments. He does not like the strictness of the ordinance and feels freedom is disappearing. Council Minutes, May 27, 2003 Approved by Council: 06 -24 -03 4 Ron Banka, N 703 McCabe, stated he feels labeled and that the City has limited his ability to work on his hobby. He feels 60 days is unreasonable. Brian Standow, 5105 N Evergreen, bought property to be able to work on older cars. He is concerned about the issue of car oil damaging the environment. He requests Council to rethink this ordinance. Bob Diodge, 708 S Mamer, stated he voted for the incorporation of Spokane Valley. He agrees with the previous comments and thinks Council has more important issues such as "crack houses" to deal with. He feels the appeal process is flawed and there is no due process. This ordinance does not suit the Spokane Valley community. David Covillo, 14420 E 20 Court, says he agrees with the previous comments. His job involves building homes in neighborhoods that have covenants. He encourages definitions of "pink velvets," "hobby," and "repairs." It can take up to five years to rebuild one car. Richard Behm, 3626 S Ridgeview, states he and his grandson have rebuilt a vehicle together. He hopes this ordinance does not apply to people who are rebuilding their vehicles to drive. Valerie Sherman, 11350 30 stated that she has a 1980's Cadillac and has received three notices to remove her vehicle off of the street. She has a curved window that won't be replaced because it is expensive. She encourages the Council to deal with police issues instead of contacting people to move cars. Wendall Sather, 13218 E 13 said he has lived in Spokane Valley for 30 years. It appears that research was not done and failed in ordinance development since it needs better definitions. Suggested that neighbors contact neighbors when they don't like what they see in the neighbor's yard. Marilyn Calling, 13303 E 70 stated she thought most of the group misunderstood what was being done with this ordinance. She attended the study session and what was depicted is not what the previous people are talking about. The study session was about nuisance abatement and will cover more than "pink vehicles." This was just the first nuisance the Council chose to address first. Bruce Nikerson, S 4711 Farr, stated this ordinance will bring in "big brother" factor. Having the police checking on "pink vehicles" is a waste of the police force time. Veda Young, 14509 E 29 just retired and wanted to start on a hobby of fixing cars. This ordinance will eliminate his ability to do that. Councilmember Munson stated that he heard one suggestion and that is to discuss this issue with the people. This ordinance is a work in progress and is not in final form. The input is very important and will not be ignored. The Council will consider your Council Minutes, May 27, 2003 Approved by Council: 06 -24 -03 5 comments. Councilmember Denenny moved and Councilmember Schimmels seconded to table motion to suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 67, An Ordinance regulating the storage of junk vehicles on private property. The motion carried with four ayes, Councilmembers Denenny, Munson, Schimmels, and Deputy Mayor Wilhite and three nays, Councilmembers Taylor and Flanigan and Mayor DeVleming. Mayor DeVleming called for a ten minute recess at 7:55 p.m. The meeting reconvened at 8:05 p.m. Agenda Bill No. 2003 -132 (Optic Franchise Proposed Ordinance 68): Interim City Clerk introduced Ordinance No. 68 by reading the title. Mayor DeVleming moved and Councilmember Munson seconded to suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 68, An Ordinance granting a non - exclusive franchise to EMAN Networks to construct, maintain, and operate certain facilities within the public right -of -way, and public properties. Deputy City Manager McNutt explained this information was presented at the May 20, 2003 study session. Attorney Driskell summarized the changes in the ordinance. There was discussion about the amount of fiber made available to the City. The motion carried unanimously. Councilmember Munson moved and Councilmember Denenny seconded to approve Ordinance No. 68. The motion carried unanimously. Agenda Bill No. 2003 -133 (Zoning Map Amendments Ordinance 54 A -1): Interim City Clerk introduced Ordinance No. 54 A -1 by reading the title. Mayor DeVleming moved and Councilmember Munson seconded to suspend the rules for two readings of this ordinance, advance to second reading, and adopt the six rezones as proposed on the attached ordinance to implement changes made to the comprehensive plan map prior to incorporation. Long Range Planner Greg McCormick presented the six rezones. The motion carried unanimously. Mayor DeVleming moved and Councilmember Munson seconded to adopt Ordinance No. 54 A -1, Adopt six rezones to implement changes made to the comprehensive plan map. The motion carried unanimously. Agenda Bill No. 2003 -134 (Amended Master Fee Schedule Resolution No. 03 -021 A- 2): Interim City Clerk introduced Resolution No. 03 -021 A -2 by reading the title. Councilmember Munson moved and Councilmember Denenny seconded to adopt Resolution No. 03 -021 A -2, Amended master fee schedule. Building Official Ely worked to develop fees comparable to other areas. There may be one more amendment for the A- 2 fees. There was a discussion about how the fees are applied. The Mayor opened the discussion for public comments. Mark Richards, 5813 E 4 Avenue, appreciate the Council and staff for taking a look at the fee structure. There are good revisions to respond to concerns. He noted that the fees were about $250 to $300 more than Spokane County. This situation has been remedied. He encouraged the Council to work towards being competitive with neighboring Idaho cities. He asked what a tentative plat was. Council Minutes, May 27, 2003 Approved by Council: 06 -24 -03 6 Jim Poston, PO Box 117, asked if this fee change would affect tents at weddings. He asked if it would affect events at the fairgrounds where there are many individual tents for a single event. Is there one fee? Mike Young, 16704 E Valleyway, asked if there was any way that a vendor or supplier could have a one time or once a year fee. He suggested this would be easier. Long Range Planner McCormick stated that "tentative" is to allow planning and public works time to review to determine if the plat is feasible for $250 before a full plat is applied for $1,000. Mayor DeVleming and Councilmember Munson asked if a one -time permit or yearly permit could be implemented. City Manager Mercier stated the certification or one -time permit would give the consumer information about how well the business is operated but not to inspections. The motion carried unanimously. Agenda Bill No. 2003 -130 (WS DOT Temporary Easement Resolution No. 03 -034): Interim City Clerk Muller introduced Resolution 03 -034 by reading the title. Councilmember Munson moved and Councilmember Flanigan seconded to adopt Resolution No. 03 -034, Temporary Easement to WS DOT. Public Works Director Warren explained this is for the I -90 expansion and ramp changes including a sound wall on the south side of the freeway. The north side of the freeway will have dirt berm. Deputy Mayor Wilhite suggested that native plants and wildflowers be used for ground cover. The motion carried unanimously. Agenda Bill No. 2003 -135 (Solid Waste Agreement CO3 -38): Mayor DeVleming moved and Councilmember Denenney seconded to authorize the Solid Waste Agreement with Spokane County and the City of Spokane. Public Works Director Warren explained the changes in the agreement since it was last presented to Council. Councilmember Schimmels agreed to be the Spokane Valley representative on the Advisory Committee for Citizen Participation. The Mayor opened the discussion for public comments. Tony Lazanis, 1048 Trent, was concerned about fees. Public Works Director Warren further explained this agreement brings Spokane Valley into a regional discussion and guarantees that all cities have waste collected now. The County has a franchise that according to the Washington State Utilities and Transportation Commission (UTC) will negotiate rates. Jim Poston, PO Box 117, asked if the City Council was going to make garbage a mandatory utility. The motion carried unanimously. Agenda Bill No. 2003 -135 (Stormwater Management Services, Spokane County CO3 -36): Mayor DeVleming moved and Councilmember Denenney seconded to authorize the Stormwater Management Agreement with Spokane County. Public Works Council Minutes, May 27, 2003 Approved by Council: 06 -24 -03 7 Director Warren explained that Spokane Valley will eventually take over this function as staff levels allow. The County will not do any development review. This is administrative service on an as needed basis. City Attorney Schwartz explained the changes in the agreement. The Mayor opened the discussion for public comments. Mark Richards, 5813 E 4 appreciates the different viewpoints. As a representative of the Homebuilders Association he has had to deal with stormwater issues. He is concerned about the direction the Council is taking. He urges Spokane Valley to take a close look at Spokane County's ordinance before they agree. Mr. Richards outlined a stormwater issue on a new development and the costs associated with it. Steve Worley, Spokane County, explained that the agreement is on management not controls. This agreement needs to be executed to have direction on pending stormwater issues. Mr. Worley restated that this is not a stormwater control agreement but an agreement on the management of stormwater issues in Spokane Valley. The motion carried unanimously. Public Comment: Mayor DeVleming asked that the public comments be limited to three minutes. Mike Young, 16704 E Valleyway, appreciated the start of the meeting with the Veterans of Foreign Wars. He is the son of a World War II veteran and spent two terms in Vietnam. He asked Council to remember that every rule makes a criminal out of somebody. He suggested that there is a need for better people not more police. Greg Rice, 1620 E Valleyway, appreciated the prayer at the meeting. He is concerned about the pink car issue. It seems that Spokane Valley is trying to be like the City of Spokane. He suggested that Spokane Valley has more in common with Spokane County. City Manager's Report: City Manager Mercier stated starting with the second meeting regular Council meeting in June there will be department reports for the Council. Association of Washington Cities conference is coming and a matrix has been prepared to help Council in their selection of sessions to attend. Please fill this matrix out and return to the City Clerk's office. Information: City Manager Mercier stated that Deputy City Manager McNutt and his committee completed the Governance Manual. It was handed out. Deputy City Manager McNutt explained that there are two conflicting situations that need to be dealt with. The Council rules by resolution state the meeting is to be over at 9:00 pm and the ordinance states the meeting will be over at 10:00 pm. City Attorney Schwartz stated that since the resolution for the governance manual was the most recent enacted document that it would supercede the ordinance, so the governance manual rules. Council Minutes, May 27, 2003 Approved by Council: 06 -24 -03 8 Adjournment Councilmember Flanigan moved and Councilmember Munson seconded that the meeting adjourn The motion carried unanimously There being no further business, the meeting was adjourned by Mayor DeVleming at 9 15 pm ATTEST [614/0 Deputy City Clerk Susan Pearson Council Minutes May 27 2003 Approved by Council 06 24 03 City of Spokane Valley Michael DeVleming, Mayo 9 \ . 0 God, our Father This week, we in Spokane Valley have joined Americans around the world to remember the debt of gratitude we owe to our veterans who gave their lives for our country. We stop to remember and to honor the great sacrifices made by our men and women in uniform. As our President said, "Since its beginnings, our country has faced many threats that have tested its courage. From war -torn battlefields and jungle skirmishes to conflicts at sea and air attacks, generations of brave men and women have fought and died to defeat tyranny and protect our democracy. Their sacrifices have made this Nation strong and our world a better place." Over the years, upwards of 48 million Americans have served the cause of freedom and more than a million have died to preserve our liberty. We also remember the more than 140,000 who were taken prisoner -of -war and the many others who were never accounted for. These memories remind us that the cost of war and the price of peace are great. The tradition of Memorial Day reinforces our Nation's resolve to never forget those who gave their last full measure for America. As we engage in the war against terrorism, we also pray for peace. When America emerged from the Civil War, President Abraham Lincoln called on all Americans to "cherish a just and lasting peace." In these times of 9 -11, the liberation of Afghanistan and Iraq, our Nation has once again been challenged, and Lincoln's words remain our guiding prayer. We continue to rely on our brave and steadfast men and women in uniform to defend our freedom. United as a people, we pray for peace throughout the world. We also pray for the safety of our troops. We are thankful for the men and women of Spokane Valley who today follow an unbroken line of good, courageous, and unfaltering heroes who have never let our country down. Now, this evening, I pray for wisdom and divine guidance for these seven men and women whom we have chosen to lead our City I thank you for the professional staff, who are serving our City so well. I thank You, 0 God, for the freedoms we enjoy as a democracy: to assemble, to speak, to worship. May all of us, as citizens, determine to put the common good before selfish gain. May we truly be Christ -like in seeking to serve others. In His name we pray, AMEN Pastor Ian K. Robertson Spokane Valley Nazarene Church May 27, 2003. NAME PLEASE PRINT ADDRESS TELEPHONE l 9'.Z r-k/c1-17 • 1 *zit i ∎ < ___ X03 E Yov4 q)� - Y 8(10 J` G ( - Of-6 r E 1/f D 2 - c q2.Z Z35) :17177 6* 7 aK pxx < (7 V 2,0- 5 2 M S /k X S 042,4 P6 `.3e)gi Eric I4)o bre P E, Plerce. 01 go b e rT ,51/1/4 /o 6e, ' / - 74 p -s' (3� Il ...0. % a t i., � :-s 0 ) 4/ - / ?'� ‘.- o0 2 G) *off ' IJ 477 ` 3C,oet B ‘caai• - A,6r,_\ 5( cc ( (1QCgC'z2Y't. aGa'' 42V ri PliA PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE `"in (Q7 cg CITIZEN COMMENTS ON ITEMS Aflia INCLUDED ON THIS AGENDA. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOUR TIME WILL BE LIMITED TO THREE MINUTES PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE j a 1, -d3 CITIZEN COMMENTS ON ITEMS NOT INCLUDED ON THIS AGENDA. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOUR TIME WILL BE LIMITED TO THREE MINUTES NAME PLEASE PRINT /V! /G I C.. O'\( !W ADDRESS I TELEPHONE l / 6 /z o ,z51 -6r7 NAME PLEASE PRINT ADDRESS TELEPHONE 4 Ai< Pietectil G ist C I AL Og2I2 3•L - Liq /o gig tb6,, 7De S, /04141 97,.., to &--6 39() PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COU CIL MEETING DATE IL a CITIZEN COMMENTS ON ITEMS NOT INCLUDED ON THIS AGENDA. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOUR TIME WILL BE LIMJTEI) TO THREE MINUTES Honorable Michael DeVleming Spokane Valley City Council Ms. Ruth Muller, Interim City Clerk Mr. Lee Walton, Interim City Manager Mr. David Mercier, City Manager, Select This is formal notice of anticipated absences from the local area. I will be participating in the marriage of my daughter in Seattle from 30 April 2003 until 4 May 2003. I will be unable to attend any council meetings during this period. I will be attending the International Rotary convention in Brisbane, Australia from 27 May through 15 June 2003. Again, I will be unable to attend any council meetings during this period. I request 1 be granted excused absences when applicable during these two periods. Sincerely, CHAR. . MUNSON City Councilman 25 April 2003 Attachment 1 A - ITP egg )I2 i424 351714413 1/5 551721/402 53172i322 .1Y172Dia J317/N20 Attachment 2 Attachment 3 . 133.2 9 45153134 5 451532935 153.4 45153.3537 45 45153.412 3 45 45 45153_5409 6 5153.030 153.080 5153,090 5153.090 5153.250 45153.410 1514 5153 411 5153.4003 51. 222.011 4222.0114 515125 451.5339 515313 45272.01 ti tr" 030 5154.161 5154.2241 4 if 51S4.2214- 45154 4522L9130 Attachment 4 32,41132 • • ) Attachment 5 1 $14 14S 9111' *SW 911 .S131 I 41919111 ti7D•DI .4111 91117 19191 41 , ,i,i irs.':•J III 11 .51911144 .$101 941 .$11, 9010 , S*11911.1 414 G901 eLIT, 9119 • ItILl •5 I 1 lL.IL •14 MS •314 9119 411111111M .S141 •Sfil 1•11t .St I• 9111 *SW 0111 .11111 on, • .S191 .3111:1SX III 1SY Attachment 6 MOTION REGARDING EMAN FRANCHISE MAY 27, 2003 MOTION TO APPROVE THE EMAN FRANCHISE WITH THE FOLLOWING CHANGES: Section 4. City Use. The following provisions shall apply regarding City use. 1. Grantee agrees to grant to the City, at no cost to City, an indefeasible right of use of six (6) dark fiber strands at every location passed by Grantee's facilities, for sole and exclusive municipal use or designation, with access to any building or facility designated by the City. Said dark fiber shall be reserved for use by the City or its designees for governmental, educational, or other public benefit purpose, PROVIDED, that as to the fiber resources granted to the City under the terms of this provision, the City agrees that it will not use such fiber as a for -profit public utility provider of telecommunications business service to the public. The City reserves the right to connect its six dark fiber strands to other fiber network providers, with the goal of achieving maximum, City- wide connectivity for the City and its citizens. Section 9. Commencement of Construction, Construction of the facilities contemplated by this Franchise may commence within ninety (90) days of the effective date of this Ordinance, provided that such time limit shall not apply to delays caused by acts of God, strike or other occurrences over which Grantee has no control. Failure to begin construction of facilities within one (1) year of this franchise shall automatically result in termination of this franchise.