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2003, 07-29 Study SessionTuesday, July 29, 2003 SUB.IF'CT 1. Administration 2. Presentation 3. Administration 4. Legal 5. Legal 6. Legislative 7. Administration Council Requests Please Turn OR All Electronic Devices During Council Meeting Stud) Scssrnn Agenda. July 29. 2003 AGENDA SPOKANE VALLEY CITY COUNCIL CITY COUNCIL WORKSHEET STUDY SESSION crne HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor DISCUSSION LEADER David Mercier (5 minutes) Harry Sladich, Spokane Hotel/ Motel Association (10 minutes) Nina Regor/Ken Thompson/ Mike Jackson (90 minutes) Cary Driskell (15 minutes) Cary Driskell (20 minutes) Mayor DeVleming (5 minutes) David Mercier (10 minutes) ACTIVITY Employee Introductions 6:00 P.M. GOAL Tourism Bid Information Discussion/ Information Mirabcau Point Project Discussion Franchise Ordinance Update Discussion/ Information Adult Entcrtaintnent Discussion Ordinance Moratorium Update Advance Agenda Additions Discussion City Manager Comments Discussion Information Note: At Council Study Sessions, there will be no public comments, except Council reserves the right to request information from the public and staff as appropriate. Pagc1of1 �m� jvalley Parks and Recreation Memo Date: Juty 25, 2003 To: Dave Mercier, City Manger From: Mike Jackson, Parks and Recreation Director RE: City Council Packet Attached please find the materials on Mirabeau Point/CenterPlace that Is to be redistributed to City Council for the July29 council meeting. This is the same material that went out to council on July 15 and July 22 meetings. MJ /pc City of Spokane Valley July 15, 2003 Update on Mirabeau Point Project Nina Regor, Deputy City Manager Ken Thompson, Finance & Administrative Services Director Mike Jackson, Parks & Recreation Director Focus of Presentation Financial Issues — What's it Going to Cost? Development/Construction 2004 Estimate Ongoing Revenues and Expenses Cumulative City Commitment Timelines and Next Steps What is C Regional Facility Senior Center What About an Education Wing? . REVENUES: TOTAL SENIOR CENTER REGIONAL Bond Proceeds $7,000,000 $7,000,000 Spokane Co. 1,400,000 $1,400.000 Business and Foundations 254,050 254,050 CTED Grant 50,000 50,000 Rotary Endowment 105,000 105,000 Anonymous 1,000,000 800,000 200,000 Other 20,450 20,450 TOTAL REVENUES $9,829,500 $2,629,500 $7,200,000 Estimate of CenterPlace Development and Construction Budget EXPENSES: TOTAL SENIOR CENTER REGIONAL Construction 7,800,000 2,340,000 5,460,000 Furnishings 660,000 198,000 462,000 Sales Tax 685,000 205,500 479,500 Arch. /Eng. Fees 162,000 48,600 113,400 Permits /Traffic mitigation 288,000 86,400 201,600 Bond Sale Costs 200,000 200,000 Subtotal 9,795,000 2,878,500 6,916,500 Contingency 489,750 143,925 345,825 TOTAL EXPENSES 10,284,750 3,022,425 7,262,325 SURPLUS /(DEFICIT) $ (455,250) $ (392,925) $ (62,325) Estimate of CenterPlace Development and Construction Budget, Continued Personnel and Staffing $143,756 Facility Manager (12 months) Marketing Coordinator (6 months) Administrative Assistant (6 months) Office Supplies and Marketing 39,600 Equipment 10,500 Traveling and Conferences 4,000 TOTAL $197,856 Estimate of CenterP!ace 2004 Start -up Costs REVENUES 2005 2006 2007 2008 2009 Great Room Wing $ 67,040 $105,480 $143,920 $165,840 $179600 Senior Center Wing 13,650 13,650 13,650 13,650 13,650 Conference Cdr. Wing 158,563 241,925 241,925 241,925 241,925 Vending Machine 1,900 1,995 2,090 2,200 2,310 TOTAL REVENUES $241,153 $363,050 $401,585 $423,615 437,485 Estimate of CenterPlace Ongoing Revenues and Expenses • EXPENSES 2005 2006 2007 2008 2009 Personnel & Staffing 320,143 385,275 400,108 415,439 431,285 Office Supplies & Marketing 37,917 38,645 39,388 40,146 40,919 Equipment & Facility 36,729 37,464 38,213 38,977 39,757 Travel & Conferences 1,620 1,652 1,685 1,719 1,754 Professional Services 157,366 160,513 163,724 166,998 170,338 83,458 85,127 87,084 88,966 90,891 Utilities Insurance 26,520 28,139 29,896 31,812 33,909 TOTAL EXPENSES 663,753 736,815 760,099 784,057 808,851 SURPLUS /(DEFICIT) (422,600) (373,765) (358,514) (360,442) (371,366) Estimate of CenterPlace Ongoing Revenues and Expenses, Continued Cumulative City Commitment TOTAL CENTERPLACE MEADOWS 2004 $ 698,106 $ 653,106 $ 45,000 2005 468,950 422,600 46,350 2006 421,505 373,765 47,740 2007 407,687 358,514 49,173 2008 411,090 360,442 50,648 2009 423,533 371,366 52,167 TOTAL $2,830,871 $2,539,793 $ 291,078 Cumulative City Commitment CenterPlace Timeline and Next Steps By the End of December: Determine Components of Facility Balance Construction Budget by Identifying Revenue Sources and Aligning Expenses Finalize Design of Facility Issue Development Permits Finalize Interlocal Agreement with PFD Obtain Bond Rating Issue Bonds Break ground (site preparation) In Conclusion Financial projections are staff's first best estimate, and subject to change Council direction will affect the assumptions City of Spokane Valley CenterPlace Estimates Resources and Expenses RESOURCES Bond Sale Proceeds Spokane County Business/Foundations Comstock Foundation Washington Trust Foundation Northwest U S Bank CTED Grant Rotary Endowment Anonymous Other EXPENSES: Construction Furnishings Sates Tax Arch /Eng Fees Permits, trfc mtgtn, pin revw, inspctn Bond Sale Costs Contingency Total Subtotal at 5% Total Surplus/(deficit) Star Plaza CENTER PLACE 57,000,000 $1,400,000 5200,000 525,000 519,050 $10,000 550,000 S105,000 $1,000,000 $20,450 $9,829,500 $7,800,000 $660,000 5685,000 $162,000 $288,000 $200,000 $9,795,000 $489,750 $10,284,750 (5455,250) 51.200,000 ? SR CENTER 51,400,000 S200.000 $25,000 519,050 510.000 550,000 $105,000 $800,000 $20,450 $2,629,500 57.200,000 $2,340,000 5198,000 $205,500 $48,600 586,400 $0 52,878,500 $143,925 $3,022,425 (5392,925) REGIONAL 57, 000, 000 $200,000 55,460,000 $462,000 $479,500 5113.400 5201,600 5200, 000 $6,916,500 S345,825 $7,262,325 ($62325) Mirabeau Point CenterPlace Operating Pro- Forma Revised 7/14/03 This Revised 7/!.WW03 Pro-Forma (green) is based on the Pro-Forma included in the document Mirabeau Point Center Place - The Point of Discovery: prepared for the City of Spokane Valley Mai or and Council, Alarch 2003 (yellow). The Revised Pro -Forma represents the current estimates of typical revenues and expenditures associated with operating CenterPlace and similar facilities elsewhere. Wherever possible expenses have been updattxl to reflect actual costs to the City of Spokane Valley. Examples include actual employee wages and benefits, property and liability in_surtnce, and others. Visitation and usage numbers have been revised downward from the March 2003 Pro- Forma_ They assume moderate annual incrrascs in the use of the Great Room Wing and a fixed rate of usage for the Senior Center and Conference Center Wings. The City has not yet had time to engage in a comprehensive market analysis. so it should be noted that these numbers are preliminary best estimates. and will continue to bc refined. Use of the building, as well as expenditures and revenues. is expected to vary - both up and down, from the estimates provided. A couple of comments about the fees in this Pro- Forma: Fist, the fee amounts are not assumed to increase over the five year period, which may not bc realistic. Second, preliminary research indicates a variety of fees and charges used by similar facilities to generate additional income. This includes different fee structures for non- profits. commercial use and private use. Also common are cleaning fees and set -up fees associated with building use. Therefore, the total fee structure should be viewed as basic and subject to revision. It is important to note that funding through the Public Facilities District impose specific limitations on the potential use and programming of the building. These constraints may or may not have significant impact on the ability of the City of Spokane Valley to market CenterPlace, to meet local needs and demands, and to maximize revenues. REVENUE Total for Rental Only Total for Rental .rl1 sai 0iacount Mirabeau Point Center Place Operating Pro-Forma 7114103 2004 2005 2006 2007 2008 2009 Mnetkgt /Civic Organization 5100?iour 0 9,600 9,600 9.600 9,600 9,600 Meetin with Meal 575iicur 0 7.200 7,200 7,200 7.200 7200 CanferenoaiBuslness i t 1 MOM Hr Session 0 6.400 9,600 12.800 18,000 19.200 Ccrntrren ces w th Meal c ii $500'9 Hr Session 0 4.000 6,000 8.000 10,000 12.000 Speciar Events 51 506 AI Day (6 a m. -1a.m) 0 3,000 3,000 3.000 3,000 3,000 Special Events with Meal (I) 51.O00 Ail Day (0 a m •1a.m.1 0 20.000 40.000 60.000 70.000 75.000 0 19,000 22.200 25.400 23,600 31.800 0 31,200 53,200 75.200 87.200 94.200 Meetings/Civic Organizations S1 t0Fieta ta City 0 3.360 3.380 3.360 3.380 3,360 Conferences 11.201Pf to a day 0 480 720 960 1.200 1.440 Special Event: S3.00Ptat. to City 0 9.000 18.000 27.000 33.000 34,800 Special Ever.ta 54.00+Ptete to Oly 0 4,000 8.000 12.000 12.480 14,000 Total for Catering 0 18,840 30,060 43,320 50.040 53,600 Subtotal for Groat Room Wing 0 67,040 105.480 143,920 185,840 179.600 S9niQr C*nteLW1RQ; Pubic tVee!ln9 Rooms 3.900 3,900 3.900 Evening Use (per has') 0 3.900 3.900 Evening Use (all evening) 9.750 9.750 9.750 9.750 9.750 Subtotal For Senior Center Wing 0 13,650 13,050 13,650 13,650 13,650 01 arenca_Ct nut rn ; .0,0nmurdty Meeting Rooms Dry Use 530/fieur 0 3.900 7.800 7.800 7.800 7.900 Day Use S15011 Hour E y 0 24.375 48,750 48.750 48.750 48.730 Evening Use $33t11xir 0 3.900 7.600 7.800 7.800 7,800 Evening Use 573'4 kit: Semen 0 12,188 24.375 24.375 24,375 24.375 Lecture Mail 0 39,000 78,000 78,000 78,000 78,000 Training Rooms (Nan- .orousive um) 01 0 57,600 57,600 57.600 57,800 57.800 Computer Lab (Nnr-esctuar is ,r.$) 0 17,800 17,000 17,600 17,500 17,600 Subtotal for Conference Cantor wing 0 158,563 241,925 241,925 241,925 241,925 Ventlmg Ataclrne 0 1.900 1.995 2.090 2200 2.310 Grand Total Revenue Income 0 241,153 363,050 401,585 423,615 437,485 EXPENSES Travel & Conferences Mirabeau Point Center Place Operating Pro -Forma 7/14/03 2004 2005 2006 2007 2008 2009 Salary & Wages Mirabeau Point Caller Place Manager 55,272 57.483 59.782 02, 173 64,660 67,247 Adminislmtivs Assistant (6 months for (kal yawl 16,320 32.640 33.948 35,303 38.716 38.184 Marketing Cocrzlinstor t months for first year) 20.148 40,286 41.908 43,584 45,328 47.141 Senior:.rtrrlar Specialist 0 40,788 42,420 44,116 45,881 47.716 Maintenance Worker II 0 32.640 33,946 35,204 38,716 31185 Mainterumce Worker I 0 0 29,376 30.551 31,773 33,044 Supplecnsuttal Employees Senior Center Bus Driver 0 5.358 5,572 5.795 6,027 6268 Park Worker 1I 0 0 8.826 9,179 9,546 9,928 Part Worker III 0 9.395 9.771 10.162 10,568 10,991 Bon.flts State Rate 17202 27,112 27,654 28.207 28,771 29,347 Health Insurunoe 31,500 63,580 65,582 61904 68.242 69.607 401NMed4care 7,018 16.723 20,314 21,127 21,972 22,851 Labor & Induces 578 2.688 4.388 4,455 4,544 4.635 Unemployment 720 1.440 1,800 3.247 4.694 6,142 Subtotal for Personnai Stafliny 6 Banofits 143,756 320,143 385,275 400,108 415,439 431,285 Office 6 Operating Supplies Office Supplies 1.000 1.000 1,000 1.000 1.000 1,000 Subvrnpdons/Pr ubll=tnns 500 500 500 500 500 500 Memberships & Dues 600 612 624 637 649 662 Postage 5.000 1000 3.060 3.121 3,184 3.247 forme (Stall) 0 155 158 161 184 188 canals and Supplies 7.500 7,850 7,803 7,959 8,116 8.281 Marketing Expanses 25,000 25,000 25.500 26,010 26,530 27.061 Subtotal for Office Supplies and Marketing 39,600 37,917 18,645 39,388 40,141E 40.919 Small Equipment itopair/Purchase 10,000 3,339 3.406 3,474 3,543 3.614 Equipment & Facility Maintenance/Repay 500 27.825 28,382 28.1349 29,528 30,119 Major Equipment Purchase 0 5.565 6,676 5.790 5,906 6.024 Subtotal for Equipment & Facility Exponsss 10,500 36,729 37,464 38,213 38,977 39.737 Professional Services Contract Custodial (7 days) 0 51,325 52.352 53.399 54,467 55.556 Alarm 0 518 528 539 550 661 HVAC Maintenance 0 5,589 5,701 5,615 5.931 6.050 Elevator 0 1,925 1,964 2.003 2.043 2,064 Ground Maintenance 0 93,009 94,869 96,767 98,702 100,676 Information Ternnology Services 0 5.000 5.100 5.202 5.305 5,412 Subtotal for Professional Services 0 157.366 160.513 163,724 166 . 998 170.338 4.000 1,020 1.652 1.685 1,719 1,754 Utilities Electric 0 46,747 47,682 48,6036 49,608 50,600 Gas 0 12,467 12,718 13.225 13.489 13,759 Water 6 Sewer 0 6,728 6,863 7,000 7.280 7,571 4 ephone (8 Uses) 0 7,984 8,144 8,307 8,473 8,642 phones/Pagers 0 2,850 2,938 2,996 105 3,117 uarbege Disposal 0 6,652 6,785 6,921 7,059 7.290 Subtotal for Utilities Expenses 0 83,458 65,127 87,094 88,966 90,391 EXPENSES CONTINUED Insurance Property Whiny Subtotal for lnsurancn Erponse Mlrab ©au Point Canter Place Operating Pro -Forma 7/14103 2004 2005 2006 2007 2008 2009 0 1.850 2.340 2,808 3.370 4.044 Q 24,570 25,799 27,088 28,443 29,885 0 26,520 28,139 29,890 31,812 33,909 Total Estimated Expenses 107,856 663,753 736,815 760.090 754,057 508,851 Toth Estimated Revenues 0 241.153 363,050 401,585 423,815 437,485 SURPLUS /(DEFICIT) (197,856) (422,600) (373,765) (358,514) (360.442) (371,366) Naas: Revenues sapid increasing amount of use The feed are the seine for all Iva years However, based or demand, some upsartt and downward movement of few wilt occur, 2 Use of meeeom rooms by collage reflects s letter rec8rved from the Chancellor of the Community Cdleges of Spokane dated duty 11, 2003 for rent/lease of the classrooms Th uee may Increase over time. Benefits State Retirement Health Insurance F1CA Supplemental Employees Park Worker 2 - Extra Help Park Worker 3 - Extra Help MIRABEAU CENTER PLACE OPERATINU PRO -FORMA 1 ' " ^"02 3:23 PM EXCERPTED FROM M'IEAU POINT CENTER PLACE p 20041 200611 2000L - 2001_ 2008 REVENUE Rental Income _ Senior Center Classrooms - Evening ($30 per hour) ..8,2f,.8_ 1 8,557 8,857 9,167 9,488 Education Classrooms - Evening (630 per how) 99,840 103.334 108,951 110,694 114.589 Educatuxr Wing - Lease (Classrooms 5 Lab) 208,000 215,280 222,816 230,613 238,685 Great Hall 92,872 90,123 99,487 102,969 106,573 Catering/Food Services (Great Hall catenad meal percentages) 48,000 49,880 51,419 53,218 55,081 Lecture Hall (350) 78,000 80,730 83,558 86,400 89,507 Vending Machine 1,900 1,967 2,035 2.107 2,180 Total Rental Income 638,880 665,871 675,119 698,248 618,082 Expenses Salary & Wages Mirabeau Point CenterPlace Manager (FT) 45,137 47,448 49,877 52,431 55,116 Staff Assistant (FT) 27,393 28,796 30,270 31,821 33,450 Recreation Program Coordinator (FT) 35,694 37,521 39,443 41,463 43,588 Maintenance Worker 2 26,718 28,088 29,524 31,038 32,625 Maintenance Worker 1 23,038 25,164 26,452 27.807 29,231 158,880 167,015 175,506 164,558 194,008 8,060 8.826 0,064 10,582 11,588 8,580 9,395 10,268 11,265 12,335 2,113 2.221 2,335 2,455 2,580 39,960 41,359 42,508 44,304 45,855 12,154 12,777 13,431 14,119 14,842 Office & Operating Supplies Office Supplies 600 021 1,078 1,113 1,152 Cleaning (including Janitorial Contract) 0 0 0 0 0 Untforma (Staff) 150 155 269 278 288 Marketing Expenses 9,300 0.828 9,963 10,312 10.673 Small Equipment Repair / Purchase 3,220 3,339 3,456 3,877 3,702 Equipment Maintenance , Repair 26,884 27,825 28,789 29.807 30,850 MaJor Equipment Purchase 5,377 5,685 5,760 5,962 6,170 1 MINAREAII CENTER PLACE OPERATING PPD PO RA '" Qrolesslonai Survlce5 Contract Custodial (7days) 49,589 51,325 63,121 64,980 56,005 Alami 500 518 538 654 574 HVAC Matntenanx 5,400 6,589 9,679 10,017 10,368 Elevator 1,860 1,925 1,992 2,062 2,134 Grounds Mainter.un r 99,282 93,009 95,809 98,884 101,635 Postage 3,000 3,000 3,000 3,000 3,000 Training & Travel 1,200 L/tilities Electric 45,166 48,747 48,383 50,076 51,829 Gas 12,045 12,467 12,903 13,355 13,822 Water & Sewer 6,500 6,728 6,983 7,207 7,459 Telephones (2 Ones) 1,928 1,999 2,066 2,138 2,213 Garbage Disposal 6,427 8,852 6,888 7,127 7,377 Total Estimated Expenses 499,191 520,299 546,937 570,444 695,345 Total Estmated Rental Income 535,880 556,671 576,119 595,248 616,082 NET INCOME vs EXPENSES 37,699 35,372 28,183 24,785 20,737 E51IMATED FUNDS NEEDED FOR M & 0 ABOVE AND BEYOND CURRENT BUDGET ALLOCATIONS : N/A N/A N/A N/A WA 11 "" 3.23 PM NOTE Inflation factor of 3 5% annus8y applies to calculate figures for years 2 through 5. EXCERPTED FROM MIRABF.AU POINT CENTER PLACE 1,820 2,187 2,952 3,986 MIP.ASEAU POINT The Point of Discovery 2 City of Spokane Valley July 22, 2003 Follow -up Report on Mirabeau Point Project vw`• ..1 %16UM Nina Regor, Deputy City Manager Ken Thompson, Finance & Administrative Services Director Mike Jackson, Parks & Recreation Director Comparison: Current Senior Center Operations vs. Senior Center at CenterPlace July 22, 2Q03 2 2004 2005 EXPENSES Senior Center Senior Center Center- Place Total Personnel & Staffing $ 66,805 $ 84,941 $235,202 $320,143 Office Supplies & , Marketing 2,200 2,200 35,717 37,917 Equipment & Facility 2.000 10,817 25,912 36,729 Travel & Conferences 1,620 1,620 Professional Services 20,759 46,710 110,656 157,366 Utilities 6,315 25,037 58,421 83,458 Insurance 6,280 7,956 18,564 26,520 TOTAL EXPENSES $104,359 $177,661 $486,092 $663,753 Comparison: Current Senior Center Operations vs. Senior Center at CenterPlace July 22, 2Q03 2 MONTH LEGAL FINANCIAL CONSTRUCTION U� - Approve Bond Reimbursement Resolution - Finalize construction documents August - Approve Intertacal Agreement and Adopt Ordinance - Resolve Real Property Ownership - Clarify definition of "Commencement of Construction" - Resolve Center Place Use Issues - identify total funding package for CenterPlace - Finalize construction documents September - Adopt Bond Ordinance Prepare draft Preliminary Official Statement (POS) - Finalize construction documents - Advertise bids October -Send a draft POS and other City financial info to rating agencies -City presentations to rating agencies in San Francisco -Open bid proposals -Council approval - Notice to proceed November -Seal bonds -Start construction December , -Bond closing CenterPlace 6 -Month Timeline July 22, 2003 3 Council Direction Addressing Construction Deficit Future Role of Mirabeau Point Incorporated Inclusion or Phase -in of the Star Plaza Addressing Ongoing Operation Shortfall July 22, 2003 4 EXPENSES (Estimated) Travel & Conferences Comparison: Current Senior Center Operations vs. Senior Center @ CenterPlace Subtotal for Personnel/Staffing & Benefits Insurance Property (9) 40 Liability (10) 6,240 Subtotal for insurance Expense 6,280 Total Estimated Expenses 104,359 2004 2,005 2,005 Current Senior Future Senior Center CenterPlace Contor@VM Park @Center Place Expenses Salary & Wages Mirabeau Point Center Place Manager 0 0 57,483 57,483 Administrative Assistant (6 months for first year) 0 0 32,640 32,640 Marketing Coordinator ( 6 months for first year) 0 0 40.296 40,296 Senior Center Specialist 39.237 40,786 0 40,788 Maintenance Worker!! (1) 0 9,792 22,848 32,640 Maintenance Worker 1 0 0 0 0 Supplemental Employees Senior Center Bus Driver 5,318 5,358 0 5,358 Park Worker II 0 0 0 0 Park Worker III (2) 0 2,819 6,577 9,395 Janitor 6,194 0 0 0 "In 2005, the Janitor position will be contraded out as a professional service Benefits State Retirement 522 673 2,038 2,711 Health Insurance 10,50D 13,931 39,649 53,580 401 A)Medicare 3,882 4,495 12,228 16,723 Labor & Industries 672 672 2,016 2,688 Unemployment 480 360 1,080 1,440 66,805 78,887 216,855 295,742 Office & Operating Supplies Office Supplies 200 200 800 1,000 Subscriptions/Publications 0 0 500 500 Memberships & Dues 500 0 612 612 Postage 0 500 2,500 3,000 Uniforms (Staff) 0 0 155 155 Materials and Supplies 1,500 1,500 6,150 7,650 Marketing Expenses 0 0 25,000 25,000 Subtotal for Office Supplies and Marketing 2,200 2,200 35,717 37,917 Small Equipment Repair/Purchase 0 800 2,539 3,339 Equipment & Facility Maintenance /Repair 2,000 8,348 19,478 27,825 Major Equipment Purchase 0 1,670 3,896 5,565 Subtotal for Equipment 8 Facility Expenses (3) 2,000 10,817 25,912 36,729 Professional Services Estimated M &O Contract with Spokane County (4) 20,759 0 0 0 Contract Custodial (7 days) 0 15,398 35.928 51,325 Alarm 0 155 363 518 HVAC Maintenance 0 1,677 3.912 5,589 Elevator 0 578 1,348 1,925 Grounds Maintenance (s) 0 27,903 65,106 93,009 Information Technology Services 0 1,000 4,000 5,000 Subtotal for Professional Services (el (7) 20,759 46,710 110,656 157,366 0 0 1,620 1,620 Utilities Electric 2,575 14,024 32,723 46,747 Gas 1,800 3,740 8,727 12,467 Water & Sewer 290 2,018 4,710 8,728 Telephone (8 lines) 450 2,395 5,589 7,984 Cell phones/Pagers 0 864 2,016 2,880 Garbage Disposal 1,200 1,996 4,656 6,652 Subtotal for Utilities Expenses (a) 6,315 25,037 58,421 83,458 585 1,365 1,950 7,371 17,199 24,570 7,956 18,564 26,520 171,606 467,746 639,352 July 22, 2003 5 2005 Total Explanation of Formulas for Comparison Report (1) Calculated at 30% of CenterPlace total (2) Calculated at 30% of Center Place total (3) 2005 Senior Center cost of Equipment & Facility Expense calculated at 30% of Center Place total (4) Assumes County Contract through 2004 and City performing Maintenance in 2005 (5) Historically, the Senior Center grounds maintenance has been part of Valley Mission Park and not charged to the center (6) 2005 Senior Center cost of all the items in this section were calculated at 30% of Center Place total (7) Center Place increase is due to increased size of facility and costs of additional professional services such as contract custodial services and grounds maintenance (8) 2005 Senior Center cost of all the items in this section were calculated at 30% of Center Place total (9) Property Insurance was calculated by multiplying .13 times the value of each facility and dividing by 1,000 ($308,151 for Current Senior Center and $10,000,000 for future Center Place) (10) Liability Insurance was calculated by taking $1.50/hour per employee. Additional Notes - Unassigned space for elevators, furnace room, etc. were not included Costs were estimated based on a percentage of the total square footage of the new Senior Center Wing at CenterPlace (12,720 sq ft) and of the Current Senior Center (6,000 sq ft) Have not attributed any of the costs of the CenterPlace Manager, Administrative Assistant, Marketing Coordinator or Maintenance Workers to 2004 Senior Center or 2005 Senior Center @ CenterPlace. However, as the new Senior Center develops it is expected that there will be a need for programs and marketing staff July 22, 2003 6 MONTH LEGAL FINANCIAL CONSTRUCTION July Bonds: Approve Reimbursernent Resolution, establishing basis for reimbursement of expenditures paid now with Bond Proceeds, once Bonds issued - end of July Building: Finalize construction documents (through mid - September) August PFD: Approve Tnterlocal Agreement and Adoption of Ordinance — early August. General: Resolve Real Property Ownership — mid August PFD: Clarify definition of "Conunence- ment of Construction" — mid August PFD: Resolve CenterPlace Use Issues (particularly lease with Community Colleges of Spokane — CCS) — end of August General: identify total funding package for CenterPlace — end of August Bonds: Negotiate contract to prepare Preliminary Official Statement (POS) and Official Statement — end of August Building: Finalize construction documents (through mid - September) September Bonds: Adoption of Bond Ordinance and Completion of Funding — finalize involvement, of the City and authorize issuance. of Bonds — early September Bonds: Prepare draft POS — month of September Building: Finalize construction documents — mid September Building: Advertise Bids — mid Sept. October Bonds: Send draft POS and other City financial info to rating agencies — early October Bonds: City presentations to bond rating agencies in San Francisco — mid- October Building: Open Bids — early October Building: Council approval of Bid — mid October Building: Notice to proceed to successful Bid — end of October November Bonds: Sell bonds — early November Building: Begin construction — mid November December Bonds: Bond closing — early December CenterPlace 6 -Month Timeline July 22, 2003 7 Draft 02 for 7 -29 -03 Study Scssion STAFF MEMO RE: DISCUSSION POINTS FOR FRANCHISE BOILERPLATE LANGUAGE July 9, 2003 GOAL: Identify issues that will be common to all franchise agreements; discuss and come to agreement on the language to be used in all such franchises. (Note: each franchise may have particular issues unique to that franchise. As such, terms may vary to some extent from "model" language that is developed by the Council and staff. Additionally, there are two basic types of franchisees, long -terin franchisees and others. Examples of long -term franchisees are water purveyors and power suppliers.) The Council may want to consider passing a franchise ordinance that sets this boilerplate language, which would be applicable to all franchises. Doing so could cut down on the amount of work done on individual franchises. The Council will identify other issues to address. Please provide any such requests to me at your earliest opportunity so they can be addressed in a timely fashion. 1. Length of franchise — A franchisee may request a specific length based upon technical issues, such as fiber. For the most part, long -term franchisees will seek as long a franchise as possible. An issue to keep in mind in granting long -term franchises is whether there are going to be technical considerations that may point to doing a shorter franchise. For example, are there anticipated changes to the franchisees facilities that we may want to access for City benefit? Secondarily, as discussed in more detail below, the Council may elect to impose franchise fees. Granting long -term franchises will preclude imposing any such fee for many years. 2. Franchise fees — There are two issues. First, does the Council want to impose franchise fees? Various jurisdictions impose such fees, almost exclusively on the West side of the state. if .the answer to the first question is "yes", then an amount must be determined. In researching this, communities such as Kirkland and Bainbridge Island have established franchise ordinances that state a franchise fee will be unposed in an amount that will cover all costs of franchise administration. Seattle recently agreed to an electrical franchise with Seai'ac whereby Seattle would install and operate an electrical system in SeaTac. In doing so, Seattle agreed to pay SeaTac 6% of the power portion of the electric service in SeaTac, and up to an additional 6% of the distribution portion of the electrical service. As such, SeaTac imposed a % -based franchise fee. Franchise fees can either be a one time event, or a yearly event, and both approaches are used in Washington. 3. Response to emergency — The issue is whether we charge the grantee if we have to respond to something gone afoul with grantee's facilities during an emergency. The current language is that grantee shall pay in the event of this happening. You may want Draft !!2 for 7 -29-03 Study Session to consider only charging grantee if grantee is notified of the emergency, and fails to respond. On the other hand, it is a privilege to use the right -of -way. If the City is forced to respond without having reasonable time to notify grantee, the City eats the cost of fixing the problem. That may be viewed as a cost of doing business in the right -of -way for grantees. In any event, this situation should not arise very often. Obviously, it is in the grantee's best interest to repair its facilities as soon as possible to reduce interruption of service to its customers. 4. Prior rights issue — Some franchisees were operating prior. to Spokane County (or the State of Washington for that matter) came into existence to provide regulatory guidelines. As such, they have "prior rights" that impact what Spokane Valley can regulate at this time. This issue has to be research in some depth, so it will have to be addressed at a later time. STOPPED DISCUSSION ON JULY 15, 2003 JULY 29, 2003 5. Joint use of excavation — This issue involves whether we include a requirement that when a grantee is going to make a street cut, the grantee must advise other franchisees that have facilities in the same trench. This is a common requirement to avoid multiple cuts being made in the road. Grantees may object to this requirement on the basis that allowing other grantees to work in the trench may create delay or increase costs. The current draft model language states that joint use is required, so long as it does not unreasonably delay the grantee. Further, joint users can be required to share in the cost of the cut and fill. The provision, as written, should take care of the issue. 6. Road repair after cut made — The current language states that grantee shall "restore the surface of the right - of-way or public property to at least that standard established by the City Engineer or set by the conditions of any City - issued right -of -way pennit." All of the existing franchises inherited from Spokane County require that the grantee restore the road to the condition it was in prior to the cut. After consultation with Dave and others, the following language is recommended: the grantee shall "restore the surface of the right -of -way or public property to at least the currently adopted City standards or as required by the City Engineer through a right -of -way permit, depending upon special circumstances." 7. Do we need to require as -built plans? — The current language requires grantees to provide as -built plans on facilities within the right -of -way within six months of execution of the franchise. A question carne up on this. Would we use the as- builts, or would we be requiring work from the grantees that would just sit around for no purpose. The City Engineer said the as- builts would certainly be used for various planning purposes, and would be entered into our GIS database. The Engineer's position is that . we definitely do want those materials. From a practical standpoint, we do not want to be in position where a franchisee goes out of business, abandons the facilities, and we would Drell R2 ror 7 -29 -03 Study Session not know where the facilities are. Stan related a litigation story involving abandoned facilities that were not mapped, with the result being several flooded houses. 8. Compliance with local emergency management plan — The current language requires the grantee to "adhere to the Emergency Management Plan (the "flan") for responding to any spill, break, or other emergency condition." A question has arisen whether this means existing Federal emergency plans, or a local plan that will be developed. Many franchisees already have to have provisions to adhere to a Federal plan. A local plan would be more tailored to local conditions, and may or may not be more stringent than the Federal requirements. 9. Notice to grantee to move (temporarily or permanently) its facilities — This issue would include the need to move wires in the event a house is being moved down the right -of -way, or if the road is being widened or moved, permanently moving whatever facilities would be affected. The cun•ent language requires 14 days notice to the franchisee. This may or may not be enough advance notice to some franchisees, such as power providers, who may not be able to get the necessary equipment or replacement parts in that short of time. There are. two options: extend the time and/or allow for an extension on good cause shown by the franchisee. Other jurisdictions on the West side use 30 days. Another option is to use 60 days notice, with the ability extend on good cause shown. This time frame should not be an issue for permanent relocations, due to the normal lead time on such projects. For temporary moves, it will inconvenience people (rare though it may be) who want to move a house. 10. Abandonment of facilities — This issue relates to those times when a franchisee wants to abandon all or a part of its facilities, such as changing the route of pipes or wires. Similar to the requirement of as- builts, the City should know when facilities are abandoned to know which facilities are active. Requiring permission accomplishes that goal. 11. Records — if a third party requests copies of records identifying where specific facilities are located from the franchisee, should the requesting party have to pay for them? This may be taken care of if we require as- builts from all franchisees. Then, such requests could simply come to the City for that information. We may elect to charge for administrative time to provide copies of that. 12. Indemnification — Should the indemnification clause be mutual? It is currently written so franchisee would indemnify the City for acts that grantee is liable for. This clause protects the City from being the deep pocket for allowing franchisees to use the right -of -way. There is no good reason to expose the City to potential liability by making this a mutual clause. From a practical standpoint, the City would not be doing anything by entering into the franchise that would expose it to liability, so there really is not a need to have this mutual. 13. Cost of publication — As currently written, the grantee bears the cost of publication, which runs about S 150 -200 for a two -page stunmary. The question is Draft C2 Ibr 7 -29 -03 Sindy crswion whether the City wants to bear this cost for all frariehises. The Council may want to consider whether the City is gaining any tangible benefit from a particular franchise, such as use of facilities, in determining whether to bear this cost, or pass it on in the franchise. 1.4. Copies of franchise _provided to City — Do we need to require that Nye copies be sent, one to the Clerk and one to our Public Works Department? Should the City tai . e the responsibility of making a copy for the other department? Cary P. Driskell Deputy City Attorney MEMO Date: July 21, 2003 To: Spokane Valley City Council From: Cary Driskell, Deputy City Attorney Scott Kuhta, Long Range Planner Cc: Marina Sukup, Community Development Director Greg McCormick, Long Range Planning Manager City Council Briefing - Adult Business Regulations SjUine .. Va11ey Attached is a report that summarizes the interim adult oriented business regulations adopted by the Spokane Valley City Council. This report will familiarize the Council with existing interim regulations and will facilitate a discussion of policy issues relating to the regulation of adult businesses. Upon adoption of the interim ordinances, the Council also adopted a six - month moratorium on siting new adult businesses. The moratorium expires on September 27, 2003, but can be extended if necessary. If you have any questions prior to the July 29, 2003 briefing, please call Cary Driskell at 688 -0029 or Scott Kuhta at 688 -0049. Adult Oriented Business Regulations Report to Spokane Valley City Council Adult oriented businesses are regulated in two ways; zoning and licensing. The Zoning Code regulates where adult businesses can be located while licensing regulates activities within the businesses. This report provides a summary of interim adult oriented business regulations adopted by Spokane Valley. ZONING REGULATIONS Spokane County amended its Zoning Code on July 29, 1999, establishing restrictive regulations for siting new adult oriented businesses (see Board of County Commissioners Resolution No. 99 -0762, attached). Upon incorporation, Spokane Valley adopted the same zoning regulations. Definitions The Zoning Code provides a definition for Adult Retail Use Establishments, which are businesses dealing in adult oriented merchandise. Adult Entertainment Establishments, defined in Chapter 7.80 of the Spokane County Code, are adult arcades and live adult entertainment businesses. The City of Spokane Valley has 4 Adult Retail Use businesses and 1 Adult Entertainment business. Siting Standards Adult Retail Use Establishments and Adult Entertainment Establishments are allowed only in B -2 and B -3 zones, with at least 5 contiguous commercially zoned acres. The businesses cannot be located closer than 1000 feet to the following pre- existing uses: • Public libraries • Public playground or park • Public or private school and grounds, K -12 • Nursery school and Day Cares • Places of religious worship • Another adult use under same regulations • Urban Residential Zones (UR 3.5, 7, 12, 22) None of the existing adult oriented businesses located in Spokane Valley meet the Zoning Code regulations and are considered "nonconforming ". July 29, 2003 Page 1 of 3 Amortization Spokane County also adopted an amortization schedule, requiring all nonconforming Adult Retail Use Establishments to terminate their business activities within 5 -years from the date of ordinance adoption. The termination date adopted by Spokane County is September 7, 2004. For reasons that are not clear, the amortization provision does not apply to Adult Entertainment Establishments. Policy Discussion 1. Are current regulations "good enough ', or should we look at new, more restrictive zoning regulations? 2. Are current regulations too strict, not allowing sufficient areas for adult oriented businesses to locate? 3. Should we disperse adult oriented businesses, or keep them contained to one or two areas? 4. To amortize, or not to amortize. BUSINESS LICENSING Spokane County adopted new regulations for Adult Entertainment Establishments in 1999, under Title 7, Business Regulations, Licensing and Taxation, Chapter 7.80 of the County Code (attached). The regulations are intended to prevent and control health, safety and welfare issues, the decline in neighborhood conditions in and around adult entertainment establishments, and to prevent dangerous and unlawful conduct associated with these facilities. Definitions Chapter 7.80 defines Adult Entertainment Establishments as "adult arcade establishments and live adult entertainment establishments'. The Code is very detailed in describing the types of activities that will qualify a business as an adult arcade or a live entertainment establishment. Business Licensing All Adult Entertainment Establishments require a license issued by the City to legally operate. The Application for an Adult Entertainment License requires detailed information about owners, operators, employees, and location of the business. Applicants must submit a photograph and fingerprints as well as a scale drawing of the proposed Adult Entertainment Establishment. Manager and Entertainer Licensing All managers and entertainers must obtain a manager's or entertainer's license from the City. The applicant must submit a complete history, including name, address, telephone number, birth date /place, fingerprints, color photograph, social security number, stage or nicknames and criminal convictions. A license July 29, 2003 Page 2 of 3 (Th / can be denied if any information is missing, misleading, or fraudulent. The City's Planning Staff currently administers manager and entertainer licensing. Standards of Conduct The Code also establishes strict rules for conduct within the Adult Entertainment Establishments. These rules focus on separation distances between entertainers and customers and the amount of clothing the entertainers can wear, both on stage and off. The rules also strictly limit the sexual nature of live performances. Premises The Code provides minimum standards for lighting, signing, and the design of arcade booths and performance stages. For example, the performance area of live entertainment establishment must be at least 18 inches high and no closer than 8 feet to the viewing public. July 29, 2003 Page 3 of 3 '1 NO. 99 0762 SEP 2 4 1999 DIVISION OF BUILDING AND PLANNING BY: BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY A RECOMMENDATION FROM THE SPOKANE COUNTY PLANNING COMMISSOIN CONCERNING AN AMENDMENT TO THE ZONING CODE FOR SPOKANE COUNTY REGARDING ADULT RETAIL USE ESTABLISHMENTS DECISION WHEREAS, pursuant to the Revised Code of Washington, Section 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of RCW 36.70, the Board of County Commissioners of Spokane County has the Zoning Code for Spokane County for the unincorporated areas of Spokane County; and WHEREAS, pursuant to the provisions of RCW 36.70 and the Zoning Code for Spokane County, the Spokane County Planning Commission has the legal authority to make recommendations regarding proposed amendments to the Zoning Code for Spokane County to the Board of County Commissioners; and WHEREAS, pursuant to the provisions of RCW 36.70, the Board of County Commissioners may consider amendments to the Zoning Code for Spokane County; and WHEREAS, on August 10,1999, the Board of County Commissioners received a recommendation of approval from the Spokane County Planning Commission concerning a proposed amendment to the Zoning Code for Spokane County regarding adult retail use establishments and associated amendments; and WHEREAS, on September 7, 1999, the Board of County Commissioners considered said recommendation and by motion made by Commissioner John Roskelley and seconded by Commissioner-Phillip Harris, the Board voted to adopt the Planning Commission's Findings of Fact and Recommendation concerning the proposed amendment. RECEIVED SPOKANE COUNTY • NOW THEREFORE BE IT RESOLVED, that the Board of County Commissioners hereby amends the Zoning Code for Spokane County as set forth in the recommendation of the Spokane County Planning Commission dated July 29, 1999. APPROVED BY THE BO 7th day of September, ATTEST: VICKY M. DALTON CLERK OF THE BOARD BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON 1 1 99 0762 BEFORE fl h SPOKANE COUNTY PLANNING COMMISSION A RECOMATION OF APPROVAL TO ) THE BOARD OF COUNTY COMMISSIONERS ) CONCERNING AN AMENDMENT TO ) FINDINGS OF FACT THE ZONING CODE FOR SPOKANE ) • DECISION COUNTY REGARDING ADULT RETAIL USE ) RECOMMENDATION ESTABLISHIv ) WHEREAS, pursuant to the provisions of RCW Chapter 36.70, the Board of County Cornmissioners of Spokane County hereinafter referred to as the "Board' has created a Planning Commission hereinafter referred to as the "Commission`; and WHEREAS, pursuant to the provisions of RCW Chapter 36.70, the Board may adopt a zoning ordinance for the unincorporated areas of Spokane County and may consider amendments thereto; and WHEREAS, pursuant to the provisions of RCW Chapter 36.70, the has adopted the Zoning Code for Spokane County; and WHEREAS, the Spokane County Division of Building and Planning prepared an Environmental Checklist for a non - project action pursuant to WAC 19741 and Spokane Environmental Ordinance, County Code Section 11.10, and on Julie 11.1999_ a Determination of Nonsignificance(DNS) was issued; and WHEREAS, after providing fifteen (15) days public notice, the Commission held a public hearing on June 24, 1999, to consider amending the Zoning Code for Spokane County with respect to adult retail use establishments and related definition and text changes; and WHEREAS, the Commission conducted an open public meeting on J 15, 1999 to discuss the information submitted into the record and testimony. received from the public hearing conducted on June 24,1999; and WHEREAS, after discussion and deliberation among the Commission, after considering all testimony given at the public hearing, and written correspondence and information submitted for the record, the Commission finds that the best interests of the general public, as well as its health, safety, and welfare, will be met by recommending to the Board the attached amendment to the Zoning Code for Spokane County. Pic 1 oil' FindFindings/adult mull use/July29, 1999 NOW, THEREFORE, BE IT RESOLVED by the Commission that they hereby recommend to the Board that the proposed amendments concerning adult retail use establishments and related definition and text changes be approved. BE IT FURTHER RESOLVED by the Commission that, in making the herein above recommendation, the Commission does hereby enter the following Findings of Fact. FINDINGS OF FACT Pursuant to the provisions of RCW Chapter.36.70 and the Zoning Code for Spokane County, the Spokane County Planning Commission has the legal authority to make recommendations regarding proposed amendments to the Zoning Code for Spokane County to the Board of County Commissioners. II After the required public notice, the Commission held a public hearing on Jane 24, 1999, to consider proposed text amendments to the Spokane County Zoning Code concerning definitions and standards for adult retail use establishments, as well as other relevant information and testimony. III The Commission concurs with the Determination of Nonsignificance by the - Spokane County Division of Building and Planning on June 11, 1999, with respect to the Zoning Code amendment.' N ' The Commission finds that adult retail use establishments, formerly referred to as adult book stores, create adverse secondary .effects including health, safety, economic and .aesthetic impacts upon neighboring properties and the community as a whole_ V The Commission has taken into consideration the following issues in recbmmending to the Board of County Commissioners the adoption of the zoning amendments and amortization provision listed in Attachment A: a) The Planning Commission is committed to protecting the general welfare of the County through appropriate zoning of adult entertainment uses while preserving constitutionally protected forms of expression; b) The Planning Commission and County staff have made a detailed review of the national record associated with adult retail use establishments and other adult uses, including studies from the cities of New York, Indianapolis, Austin, St. Paul and Los Aingeles, the police records of various cities, citizen complaints and court PC Findings/adult mull use/July 29. 1999 PL:t. 2 of 1 decisions regarding adult retail use establishments. The comprehensive legislative record submitted by staff is incorporated herein by refer re_ The Commission finds that adult retail use establishments require special supervision from the public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said business as well as the citizens of Spokane County; c) The Commission takes notice that the courts have accepted that zoning restrictions on adult retail use establishments advance a governments interest in curbing the adverse secondary effects associated with these uses and that a community need not produce Iocal evidence that these uses produce all th effects referenced herein The studies and caselaw considered relied upon by staff in drafting the proposed amendments and amortization provision were intended to address the anticipated effect on the community with respect to the location of these facilities. The studies were reasonably believed by the Planning Cornrnission to produce some of the unwanted effects experienced by communities surrounding adult retail use establishments. The provisions selected by the Planning Commission were intended to address the nationally _documented and locally experienced unwanted effects; d) Concerns about crime and public sexual activity generated and /or occurring within or nearby the adult retail establishments are legitimate, substantial and compelling concerns of the County which demand reasonable regulation; e) Adult retail establishments, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for the spread of sexually transmitted,disease ; _ _ f) The recitals set forth in Ordinance Nos. 88 -0236 and 971052, the accompanyi legislative recorcts and findings of fact contained therein; are incorporated as if fully set forth herein and shall serve as additional Findings of Fact in suppo of the recommendation to the Board of County Commissioners to adopt the provisions set forth in Attachment A; g) After reviewing studies and evidence of negative secondary effects associated wi th adult retail use establishment issues staff looked at ways of mitigating these adverse secondary effects and identified the least restrictive of these mechanisms. County staff identified alternative Iocatibns within the County by which the County has provided a reasonable means to accommodate access to constitutionally protected material; h) There is convincing documented evidence that adult retail use establishments have a detrimental effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of quality of life and property values and the spread of urban blight. Reasonable zoning of location of these facilities will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such retail facilities; PI__ 3 nr7 PC Flndinr,s/adult reuil uclJuly 29, 1999 i) The Planning Commission recognizes that adult retail establishments, due to their very nature, have serious objectionable operational characteristics, particularly when located in dose proximity to residential neighborhoods, daycare centers, religious facilities, public parks, and schools, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the location of the businesses under their jurisdiction to ensure the adverse secondary effects of the establishments are minimized; j) The provisions set forth in Attachment A are intended to protect the general public health, safety, and welfare of the citizenry of the County through the regulation of the location of adult retail establishments. They are intended to control the decline in neighborhood conditions in and around adult retail establishments, and to isolate dangerous and unlawful conduct associated within these facilities; k) It is not the intent of the proposed zoning and amortization provisions to suppre any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington State Constitution, but to propose content neutral legislation which addresses the negative secondary impacts of adult retail use establishments; 1) It is not the intent of the Commission to zone adult retail use establishments with a minimal or nonexistent connection to the sale, exchange, rental, loan, trade, transfer or viewing of adult oriented merchandise; and... m) The Planning Commission does not condone or legi.timi7e'the. dislsibut_on-of obscene material, and recognizes that state and federal law prohibits the distribution of obscene materials. VI The Commission finds that adult retail use establishments adversely affect the quality of Life for citizens and businesses by causing disinvestment in unincorporated Spokane County: a) The public has a legitimate expectation to be protected and safe from adverse secondary effects which result from the existence of adult retail use establishments; and b) The location of existing adult retail use establishments in the unincorporated areas detract from the quality of life in Spokane County because the neighborhoods in which these facilities locate have traditionally found that these businesses attract prostitutes and other criminal activity which has the effect of creating a community that cannot attract businesses, foster economic development or promote tourism. Pat : o(1 PC Findingilviult tttail tut/July 29, 1999 .4 VII The Commission recognizes that the material contained within the adult retail use establishme is protected speech and finds that the recommendation to the Boa is appropriate for the following reasons: a) The proposal to zone and amortize existing adult retail use establishments at the end of five (5) years implements a substantial and compelling governmental interest in improving and enhancing the safety, neighborhood and business related economic concerns of the community; b) The content neutral proposal does not extend or infringe upon the content of the material contained in these businesses. The non -conforming businesses still maintain the ability to provide to the public the constitutionally protected material by relocation within the amortization period; and c) The proposal also does not infringe upon freedom of speech because it does not limit other means of protected communication through access to other mediums such as the Internet, mail, electronic mail, and television. VIII The Commission finds that the recommendations set forth in Attachment A provide ample alternative avenues of communication for adult retail use establishments: a) A lesser amortization period was considered and following the taking of testimony and further consideration, the Commission found that a longer amortization period of five (5) years would enable the County to complete its Comprehensive Plan process, update the Zoning Code and study any litia lion that may result from this action. The Planning Commission finds that this five ( year period will also provide a time frame in which community within the unincorporated county which is considering incorporation, to incorporate and develop its own rules and regulations concerning adult retail use establishments; and b) The proposed zoning and amortization provisions are a reasonable method to reduce or eliminate the adverse secondary effects of these businesses, end effectively accomplish the objectives of improving and enhancing the community's safety and economic condition Ix The Commission finds that the best interests of the general public, as well as its health, safety, and welfare, will be met by recommending to the Board the amendments to the Zoning Code for Spokane County which are set forth in Attachment A, and further finds the following: a) The record contains a very comprehensive national legislative record and reflects that over ap items of local correspondence which were submitted by citizens expressing concerns related to the location and amortization of adult retail use establishments within Spokane County; Axe.: S o!7 PC Findings/adu4C cccail us .'kIy 1999 b) The citizens and businesses of Spokane County are concerned that adult retail use establishments have a negative impact upon their community, degrade their environment and diminish their sense of community; c) The Commission considered other suggested alternatives to the proposed amendments and amortization, but finds that the recommendation to the Board directly advances the community's compelling interest by addressing the potential neighborhood blight concerns and advances safety measures; d) The Commission finds that the proposed amendments and amortizatio i a five ( Year period does not reach any further than necessary to accompf the cornrnu ity's interests previously listed; and e) A non - conforming adult retail use establishment may be moved and relocated or sold; therefore they have economic value and will not be rendered economically valueless by this recommended action. Additionally, courts have recognized that the US. and Washington State Constitutions do not ensure that businesses will make a profit, only that they be guaranteed access to the market ADOPTED THIS 29th day of July, 1999. SPOKANE COUNTY PLANNING COMMISSION PC Findings/adult rctail usdluly 29. 1999 J. M. Britton, Chairperson (AYE) Donald Moore (AYE) Sandy McCauley (A Curt Messex (AYE) Michael G. Schrader (NAY) Pac6of7 Note: Commissioner Clyde Haase did not participate in this hearing item. ATTEST: JAMES L. MANSON Director By: PC Findiag/adul; rail us IJulr 29. 1999 P *2sc 7 n Attachment s'A" PROPOSED AMENDMENT TO THE SPOKANE COUNTY ZONING CODE 'Adult Retail Use Establishments' Added wording is in undefined Deleted wording is in strike-through. Amend Chapter 14.300(Definitions) as follows: Adult Entertainment Establishment: An establishment defined pursuant to Chapter 7.80 of the Spokane County Code. guests. Adult Retail Use Establishment A retail establishment which for money or any other form of consideration devotes a si• nificant or substantial • •rtion of stock in trade to the sate exchanoe rental, loan. trade transfer or viewin of adult oriented merchandise. 'Adult oriented merchandise means any goods, products, commodities, or other ware, inctudin• but not limited to videos CD Roms DVDs ma mines books • mohlets. novelties which depict describe or simulate specified anatomical area or s cified sexual activities. eriodicals or non- clothin "Specified anatomical areas' means 1 Tess than complete! and ooaouel covered human oenitals • bic reoion. buttock. or female breast below a point immediately above the too of the areola or 2) Human male genitals in a discernibly turoid state. even if completely and ooaouety covered. pecified Sexual Activities means any of the following: 1) Human genitals in a state of sexual stimulation or arousal; 2) Acts of human masturbation sexual intercourse sodomy oral cooulation. or . bestiality: or Attachment 'A' -Adult Retail Use Establishments Home Indust . An occupation, profession, or craft, excluding an adult retail use establishment adult- bookctorta- or adult entertainment establishment, in association with a primary residence, which is of such intensity or broad scope of operation That public hearing review, as a Conditional Use Permit, is necessary. Therefore, by character and definition, a home industry is different than a home profession or general commercial, industrial and business uses. Home Profession: A profession or craft, excluding an adult retail use establishment a adult entertainment establishment, carried on within a residence by the occupants, which activity is dearly incidental to the use of said residence as a dwelling and does not change the residential character of the dwelling or neighborhood, and is conducted in such a manner as to not give any outward appearance of a business in the ordinary meaning of the tern. An activity which does not comply with the following criteria shall not be deemed a home profession... Amend Chapter 14.605(Residential Zones Matrix) as follows: Amend Section 14.605.040 USE - Public and Semipublic r • • RR -10 • on Fondfin or other erotic touchin ubic re ion buttocks or female breasts whether clothed or unclothed of oneself of one another. Adult Retail Use Establishment of human enitals SRR -5 SRR -2 SR -1 SR -1/2 UR -3.5 UR -7 N N N N N N N N Amend Chapter 14.629 (industrial Zones Matrix) as follows: Amend Section 14.629.020 USE Ad1 — �--Z 1 3 Attachment 'A' - Aril alt DQV .l i imp Cct •ahPchmpnin. P, --1 f f1 3.5-- UR-7— r LI 2 b N- UR-12 UR -22 N 1 -1 Amend Section 14.629.080 Index of Letters and Symbols as follows: P -3 Permitted uses in the 1 -2 zone shall also include all uses listed in the Business Zones Matrix under B-3 except for adult retail use establishments • nd adult entertainment establishment Provided further, those uses fisted under 8-3 as an accessory or conditional use shall also be permitted as accessory or conditional uses in. the Light Industrial (1 -2) zone. Provided further, B-3 uses allowed in the 1 -2 zone shag meet all the B-3 development standards as set forth in Sections 14.62 &315 through 14.628.380. Amend Chapter 14.637 (Agricultural Zones Matrix) as follows: Amend Secfion 14.637.020 USE-Residential/Business/Service/Industrial A€144 - Beslcaece Ere- -N w t4 14 Adult Retail Use Establishment EA GA RS FZ N' N N N Amend Chapter 14.623 (Business Zones Matrix) as follows: Amend Section 14.623.020 USE A4444-Books.tece Adult Retail Use Establishment B -1 Adult Retail Use Establishment N 1 - 2 1 - 3 N N B -2 B -3 N P(1) P(1) Attachment 'A' -Adult Retail Use Establishments Amend Chapter 14.626 (Community Business) as follows: Amend Section 14.626.210: 4. Adult retail use establishment Adultoe-or adult entertainment. establishment(s), provided that a. there exist five (5) acres of contiguous (includes across streets) zoning classified Commercial, B-2 and/or B-3. the use is located or maintained at least one thousand (1,000) feet from any of the following preexisting uses. Distance shall be measured from the nearest property line of the adult retail use establishment aclu41-botakerwe or adult entertainment estabfishment(s), to the nearest property line of the following preexisting uses. i. Public library ii. Public playground or park iii. Public or private school and its grounds of kindergarten to twelfth grade iv. Nursery school, mini -day care center or day care center v. Church, convent, monastery, synagogue or other place of religious worship. vi. Another adult use subject to the provisions of this section. C. An adult retail use establishment adult bookoo or adult entertainment ') establishment(s), shalt not be located within one thousand (1,000) feet of any of the following zones. 1. Rural Residential 10 - RR -10 ii. Semi -Rural Residential 5 - SRR -5 iii. Semi -Rural Residential 2 - SRR -2 iv. Suburban Residential 1 - SR -1 v. Suburban Residential 1/2 - SR-1/2 vi. Urban Residential 3.5 - UR-3.5 vii. Urban Residential 7 - UR -7 viii. Urban Residential 12 - UR -12 iX. Urban Residential 22 - UR -22 x. Rural Settlement - RS b. Amend Chapter 14.628 (Regional Business) as follows: Amend Section 14.628.210: • 6. Adult retail use establishment adul+- bsekate or adult entertainment establishment(s) provided: a. that there exist five (5) acres of contiguous (includes across streets) zoning classified Commercial, B -2 and/or 8 -3. b. the use is located or maintained at least one thousand (1,000) feet from any of the following preexisting uses. Distance shall be measured from the nearest property line of the adult retail use establishment 'u 1t G `. r 1 - or adult entertainment establishment(s), to the nearest property line of the following preexisting uses. Attachment 'A'_Arti,It Potan 1 icp Fe.tahIishments A c. Attachment "A' - Adult Retail Use Establishments i. Public library ii. Public playground or park iii. Public or private school and its grounds of kindergarten to twelfth grade iv. Nursery school, mini- day -care center or day -care center v. Church, convent, monastery, synagogue or other place of re1gious worship vi. Another adult use subject to the provisions of this section. An adult retail use establishment adult books, oro or adult entertainment estabriishment(s) shall not be located within one thousand (1,000) feet of any of the following zones.' i. Rural Residential -10 - RR -10 ii. Semi -Rural Residential -5 - SRR -5 • iii. Semi -Rural Residential -2 - SRR -2 iv. Suburban.Residential -1 - SR -1 v. Suburban Residential-In-SR-1/2 vi. Urban Residential -3.5 - UR -3.5 vu. Urban Residential -7 - UR -7 vili. Urban Residential -12 - UR -12 ix. Urban Residential -22 - UR -22 x. Rural Settlement - RS- Amend Chapter 14.508 (Nonconforming Provisions) as follows: Amend Section 14.508.040(Nonconforming Uses): b At- adult retail use establishment located within the unincorporated area of S.okane Count on insert dale of ado lion which is made a nonconforming use b amendments to this Code pursuant to Resolution (insert resolution number) shall be terminated within five (5) years Provided however that such termination date m ay be extended uoon the a •royal of a written ap libation filed with the Director of Buildino and Plannin• no later than insert date that is one such five (5) year a mortization periodt. The administrative decision on whether or not to a •rove an extension •eriod and the length of such extension period shall be based upon the applicant clearty demonstrating extreme economic hardshio based upon an irreversible'financ al investment or commitment made prior to A rip 1999 which precludes reasonable alternative uses of the subfecd pr v Th administrative decision of the Director of Building and Pianninq shall be aopeaiable as_provided in Section 14.412.041. The Hearing Bod for'the purpose of this appeal shall be the Spokane County Hearing Examiner. 1 ear raor to the end of 5 7.80.040 Definitions. Chapter 7.80 ADULT ENTERTAINMENT ESTABLISEIMCNTS (Strike out language to be deleted, underscored language to be added) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. "Adult arcade device," sometimes also known as "panoram," preview," "picture arcade," "adult arcade,' or "peep show," means any device which, for payment of a fee, membership fee or other charge, is used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting. All such devices are denominated under this chapter by the term "adult arcade device." The term "adult arcade device' as used in this chapter does not include other games which employ pictures, views, or video displays, or gambling devices which do not exhibit or display adult entertainment. "Adult arcade establishment" means a commercial premises to which a member of the public is invited or admitted and where adult arcade stations, booths, or devices are used to exhibit or display a graphic picture, view, film, videotape, or digital display of a specified sexual activity, or live adult entertainment in a booth setting to a member of the public on a regular basis or as a substantial part of the premises activity. "Adult arcade station" or "both" means an enclosure where a patron, member, or customer would ordinarily be positioned while using an adult arcade device or viewing a live adult entertainment performance, exhibition, or dance in a booth. Adult arcade station or booth refers to the area in which an adult arcade device is located and from which the graphic picture, view, film, videotape, digital display of specified sexual activity, or live adult entertainment is to be viewed. These terms do not mean such an enclosure that is a private office used by an owner, manager, or person employed on the premises for attending the tasks of his or her employment, if the enclosure is not held out to any member of the public for use, for hire, or for a fee for the purpose of viewing the entertainment provided by the arcade device or live adult entertainment, and not open to any person other than employees. "Adult entertainment establishment" collectively refers to adult arcade establishments and live adult entertainment establishments, as defined herein. "Applicant" means the individual or entity seeking an adult entertainment establishment license. "Applicant control person" means all partners, corporate officers and directors and other individuals in the applicant's business organization who hold a significant interest in the adult entertainment business, based on responsibility for management of the adult entertainment establishment. "Employee" means a person, including a manager, entertainer or an independent contractor, who works in or at or renders services directly related to the operation of an adult entertainment establishment. "Entertainer" means any person who provides live adult entertainment within an adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment. "Hearing Examiner" means the chief administrative officer of Spokane County or h.is'her designee, "Licensing administrator" means the director of the DEE- vision of $Building and Code Enforcement and his/her designee and is the person designated to administer this chapter. "Liquor" means all beverages defined in RCW Section 6 .04.2.D0- "Live adult entertainment" means: (1) An exhibition, performance or dance conducted in a commercial premises for a member of the public were the exhibition, performance, or dance involves a person who is nude T or seminude. Adult entertainment shall include, but is not limited to performances commonly known town "strip tease"; 4e�G�.l. e" (2) An exhibition, performance or dance conducted in a commercial premises where the exhibition, performance or dance is distinguished or characterized by a predominant emphasis ou the depiction, description, simulation or relation to the following "specified sexual activities ": (A ) Human genitals in a state of sexual stimulation or arousal, (B ) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality, (C) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or (3) An exhibition, performance or dance that is intended to sexually stimulate a member of the public. This includes, but is not limited to, such an exhibition, performance, or dance performed for arranged with, or engaged in with fewer than all members of the public on the premises at that time, whether conducted or viewed in an arcade booth or otherwise, with separate consideration paid, either directly or indirectly, for the performance, exhibition or dance and that is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. "Live adult entertainment cstabli hment" means a commercial premises to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment, in a setting which does not include arcade booths or devices, to a member of the public on a regular basis or as a substantial part of the premises activity. "Manager" means a person who manages, directs, administers anchor is in charge of the affairs or conduct, a he- affairs am4- eenduct, or of a portion thereof of thus or conduct occurring at an adult entertainment establishment. "Member of the public" means a customer, patron, club member, or person, other than an employee, who is invited or admitted to an adult entertainment establishment. "Nude" or "seminude" means a state of complete or partial undress in such costume, attire or clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus; buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. The words "open to the public room so that the area inside is fully and completely visible to the manger" mean that there may be no door, curtain, partition, or other device extending from the top of the door frame of an arcade booth or station, with the exception of a door which is completely transparent and constructed of safety glass as specified in the most current UnifeHR Building Code, so that the activity and occupant inside the enclosure are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located at the main entrance way to the public room. "Operator" means a person operating, conducting or maintaining an adult entertainment establishment. "Person" means an individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized. "Premises" means the land, structures, places, the equipment and appurtenances connected or used in any business, and any personal property or fixtures used in connection with any adult entertainment establishment. "Sexual conduct" means acts of: (1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or (2) A penetration of the vagina or anus, however slight, by an object; or. (3) A contact between persons involving the sex organs of one person and the mouth or anus of another; or - (4) Masturbation, manual or instrumental, of oneself or of one person by another; or (5) Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of oneself or of one person by another. "Specified sexual activities" refers to the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. "Transfer of ownership or control" of an adult entertainment establishment means any of the following: (1) The sale, lease or sublease of the business; (2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; (3) The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business; or (4) Transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. 7.80.070 Applications. (a) Adult Entertainment Establishment License. (1) An application for an adult entertainment establishment license must be submitted to the licensing administrator in the name of the person or entity proposing to conduct the adult entertainment establishment on the business premises and must be signed by the person and certified as true under the penalty of perjury. An application must be submitted on a form supplied by the licensing administrator, which must require the following information: (A) For the applicant and for each applicant control person, provide: names, any aliases or previous names, driver's license number, if any, social security number if any, and business, mailing, and residential address, and business telephone number. (13) If a partnership, whether general or limited; and if a corporation, date and place of incorporation; evidence that the partnership or corporation is in good standing under the laws of Washington; and the name and address of the registered agent for service of process; (C) Whether the applicant or a partner, corporate officer, or director of the applicant holds another license under this chapter or a license for similar adult entertainment or sexually oriented business, including a motion picture theater, or a panoram, from Spokane County, another city, county or state, and if so, the name and address of each other licensed business; (D) A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented business providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended and the reason for the revocation or suspension; (E) For the applicant and all applicant control persons, all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court and disposition; (F) For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application; (G) Authorization for Spokane County, and its agents and employees to seek information to confirm any statements set forth in the application; . (1-1) The location and doing- business -as name of the proposed adult entertainment establishment, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property; (1) Two two -inch by two -inch photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face; (J) A complete set of fingerprints for the applicant or each applicant control person, taken by the law enforcement agency for the jurisdiction, or such other entity as authorized by the law enforcement agency. This requirement may be waived by the licensing administrator for license renewals whose fingerprints are already on file with the law enforcement agency. (K) A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager's office and stations, restrooms, arcade booths or devices, overhead lighting fixtures, and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment establishment must include building plans that demonstrate conformance with Spokane County building code requirements. This requirement may be waived by the licensing administrator for licensing renewals where no operations or spatial changes have occurred since document submittal for the previous License. Upon request, a prelicensing conference will be scheduled with the licensing administrator, or his/her designee and pertinent government departments to assist the applicant in meeting the regulations and provisions of this chapter, as well as the Spokane County Code. No alteration of the configuration of the interior of the adult entertainment establishment or enlargement of the floor space occupied by the premises may be made after obtaining a license, without the prior approval of the licensing administrator or the administrator's designee. Approval for such enlargement may only be granted if the premises and proposed enlargement first meet the qualifications and requirements of the Spokane County code, or other applicable statutes or laws. (2) An application will be deemed complete upon the applicant's submission of all information requested in subsection (a)(l) of this section, including the identification of "none" where that is the correct response. The licensing administrator may request other information or clarification in addition to that provided in a complete application if necessary to determine compliance with this chapter. (3) A nonrefundable license fee must be paid at the time of filing an application in order to defray the costs of processing the application. (4) Each applicant shall verify, under penalty of perjury that the information contained in the application is true. (5) Lf, subsequent to the issuance of an adult entertainment establishment license for a business, a person or entity acquires a significant interest based on responsibility for management or operation of the business, notice of such acquisition shall be provided in writing to the licensing administrator, no later than twenty -one calendar days following the acquisition. The notice required must include the information required for the original adult entertainment establishment license application. (6) The adult entertainment establishment license, if granted, must state on its face the name of the person or persons to whim it is issued, the expiration date, the doing - business -as name and the address of the licensed adult entertainment establishment. The license must be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read when the business is open. (7) A person granted an adult entertainment establishment license under this chapter may not operate the adult entertainment establishment under a name not specified on the license, nor may a person operate an adult entertainment establishment, or an adult entertainment device under a designation or at a location not specified on the license. • (8) Upon receipt of the complete application and fee, the licensing administrator shall provide copies to the . :.: .. .. , , - - ' sheriffs office, local fire district and division of planning for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each .department administers. Each department shall, within fifteen days of the date of such application, inspect the application and premises and shall make a written report to the licensing administrator whether such application and premises comply with the laws administered by each department. A license may not be issued if any s-eash department reports that the applicant and premises do not comply with the relevant laws. If the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. An adult entertainment establishment license approved before the premises construction is undertaken must contain a condition that the premises been must be inspected and determined to be in conformance with the drawings submitted with the application. The frlieFlatiildiftg , sheriff's office, local fire district and division of planning shall recommend denial of a license under the subsection if its • finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other applicable laws under these provisions. The department shall cite in a recommendation for denial the specific reason for the recommendation, including applicable laws. (9) No adult entertainment establishment license may be issued to operate an adult entertainment establishment in a location which does not meet the requirements set forth in the Spokane County Zoning code Sections 14.626- 210(4) and 14.628 - 210(6) or as amended unless otherwise exempt. (10) The exterior design andlor signs of the adult entertainment establishment must meet the requirements set forth in the Spokane County Zoning code Section 14.804.040 and 14.804.120 or as amended. (11) The licensing administrator shall issue an . adult entertainment establishment license within thirty calendar days of the date of filing a complete license application and fee, unless the licensing administrator determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The licensing administrator shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant, (12) if the licensing administrator finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment establishment license, the licensing administrator shall deny the application in writing and shall cite the specific reasons for the denial, including applicable laws. If the licensing administrator fails to issue or deny the license within thirty calendar days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable laws, to operate the business for which the license was sought until notification by the Licensing administrator that the license has been denied, but in no event may the licensing administrator extend the applicant review time for more than an additional twenty days. for a specified locatiea or-pFc (2) The adult arcade device_Ii o ly attached to each such device, or —the arcade booth, in a conspisxsaea- . 7.80.080 - - Adult entertainment estableshment manager and entertainer licenses. (a) A person may riot work as a manager, assistant manager or entertainer at an adult entertainment establishment without a manager's or an entertainer's license from the licensing administrator. An applicant for a manager's or entertainer's license must complete an application on forms provided by the licensing administrator containing the information identified in this subsection. A nonrefundable license fee must accompany the application. The licensing administrator shall provide a copy of the application to the sheriff's department for its review, investigation and recommendation- An application for a manager's or entertainer's license must be signed by the applicant and certified to be true under penalty of perjury. The manager's or entertainer's license application must require the following information: (1) The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by the sheriffs department (or such other entity as authorized by the sheriffs department or licensing administrator), social security number, and any stage names or nicknames used in entertaining; (2) The name and address of each establishment at which the applicant intends to work; (3) Documentation that the applicant has attained the age of eighteen years. Any two of t The following are acceptable As documentation of age: (A) A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; (B) A state- issued identification card bearing the applicant's photograph and date of birth; (C) An official passport issued by the United State of America; (D) An immigration card issued by the United States of America; or (1?) Any other currently valid identification that bears the applicant's photograph and birth date that the licensing administrator determines to be acceptable and reliable. (4) A complete statement of all convictions of the applicant for any misdemeanor or felony violations in the jurisdiction or any other city, county or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions; (5) A description of the applicant's principal. activities or services to be rendered; (6) Two two -inch by two -inch color photographs of applicant, taken within six months of the date of application showing only the full face. This requirement may be waived at the discretion of the licensing, administrator for license renewals. (7) Authorization for Spokane County, its agents and employees to investigate and confirm any statements in the application. (b) Every entertainer shall provide his or her license to the adult entertainment establishment manager on duty on the premises prior to his or her. performance. The manager shall retain the licenses of the entertainers readily available for inspection by Spokane County, its agents, and employees, at any time during business hours of the adult entertainment establishment. (c) The licensing administrator may request additional information or clarification when necessary to determine compliance with this chapter. (d) The contents of an application for an entertainer's license and any additional information submitted by an applicant for an entertainer's license are confidential and will remain confidential to the extent authorized by RCA Chapter 42.17. Nothing in this subsection prohibits the exchange of information among government agencies for law enforcement or licensing or regulatory purposes. (e) The licensing administrator shall issue an adult entertainment establishment manager's or entertainer's license within fourteen calendar days from the date the complete application and fee are received unless the licensing administrator determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the licensing administrator determines that the applicant does not qualify for the license applied for, the licensing administrator shall deny the application in writing and shall cite the specific reasons therefore, including applicable law. (f) An applicant for an adult entertainment establishment manager's or entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Such temporary license shall automatically expire on the fourteenth calendar day following the filing of the complete license application and fee unless the licensing administrator has failed to approve or deny the license application in which case the temporary license shall be valid until the licensing administrator approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the licensing administrator extend the application review time for more than an additional twenty calendar days. 7.80.090 Standards of conduct and operation of adult entertainment establishments and personnel. (a) All employees of an adult entertainment establishment must adhere to the followirig standards of conduct while in any area in which a member of the public is allowed to be present: (1) An employee may not be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the public region, anus, buttocks, vulva or genitals, except upon a stage at least eighteen inches above the immediate floor level and removed at least eight feet from the nearest member of the public. (2) An employee mingling with a member of the public may not be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (a)(1) of this section, nor may a male employee appear with his genitals in a discernibly turgid state, even if completely and opaquely covered or wear or use any device or covering that simulates the same. (3) An employee mingling with a member of the public may not wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, a portion of the public region, or buttocks. (4) An employee may not caress, fondle or erotically touch a member of the public or another employee. An employee may not encourage or permit a member of the public to caress, fondle or erotically touch that employee. (5) An employee may not perform actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of RCW Chapter 7.48A, the Washington moral nuisance statute, or any provision regulating offenses against public morals. • (6) An employee mingling with a member of the public may not conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a distance of at least four feet from the member of the public for whom the dance, performance or exhibition is performed. The distance of four feet is measured from the torso of the dancer to the torso of the member of the public. (7) A tip or gratuity offered to or accepted by an entertainer may not be offered or accepted before any performance, dance or exhibition provided by the entertainer. An entertainer performing upon any stage area may not accept any form of gratuity offered directly to the entertainer by a member of the public. A gratuity offered to an entertainer performing upon any stage area or in any booth or arcade device must be placed into a receptacle provided for receipt of gratuities by the management of the adult entertainment establishment or provided through a manger on duty on the premises. A gratuity or tip offered to an entertainer conducting a performance, dance or exhibition in or about the nonstage area of the live adult entertainment establishment must be placed into the hand of the entertainer or into a receptacle provided by the entertainer, and not upon the person or into the clothing of the entertainer. (b) This chapter does not prohibit: (1) Plays, operas, musicals, or other dramatic works that are not obscene; (2) Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or (3) Exhibitions, performances, expressions or dances that are not obscene. The exemptions in subsection (b) of this section do not apply to sexual conduct defined in Section 7.80.040 of this chapter or the sexual conduct described in RCW Section 48A.010(2) (b) (ii) and (iii). Whether or not activity is obscene shall be judged by consideration of the standards set forth in RCW Section 7.48A.010(2). (c) At an adult entertainment establishment the following are required: (1) Admission must be restricted to persons of the age of eighteen years or older. An owner, operator, manager or other person in charge of the adult entertainment establishment may not knowingly permit or allow any person under the age of eighteen years to be in or upon the premises whether as an owner, operator, manager, patron, member, customer, agent, employee, independent contractor, or in any other capacity. This section is not intended to be used in a prosecution of a minor on or within an adult entertainment establishment. (2) Neither the performance, nor any photograph, drawing, sketch or other pictori.a] or graphic representation of the performance, displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may take place or be located so as to be visible to minors who are or may be outside of the adult entertainment establishment. (3) A member of the public may not be permitted at any time to enter into any of the nonpublic portions of the adult entertainment establishment, that includes but is not limited to: the dressing rooms of the entertainers, other rooms provided for the benefit of employees, or the kitchen or storage areas. However, a person delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform the person's job duties. (4) Restrooms may not contain video reproduction equipment and/or adult arcade devices. (5) All ventilation devices or openings between adult arcade booths must be covered by a permanently affixed louver or screen. Any portion of a ventilation opening cover may not be located more than one foot below the top of the booth walls or one foot from the bottom of booth walls. There may not be any other holes or openings between the booths. (6) No adult arcade booth or station may be occupied by more than one person at any time. (7) There must be a permanently posted and maintained in at least two conspicuous locations on the interior of all adult arcade premises a sign stating substantially the following: OCCUPANCY OF ANY STATION OR BOOTH IS AT ALL TIMES LIMITED TO ONE PERSON. THERE MAY BE NO CRLYIINAL ACTIVITY IN THE STATIONS, BOOTHS, OR ON THE PREMISES, INCLUDING BUT NOT LLMITED TO: SEXUALLY EXPLICIT CONDUCT (RCW 9.68A.011), ACTS OF LEWDNESS, INDECENT EXPOSURE, PROSTITUTION, DRUG ACTIVITY, OR SEXUAL CONDUCT, AS DEFINED HEREIN. VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION. Each sign must be conspicuously posted and not screened from the patron's view. The letters and numerals must be on a contrasting background and be no smaller than one inch in height. (8) Doors to areas of the adult entertainment establishment that are available for use by persons other than the owner, manager, operator, or their agents or employees, may not be locked during business hours. (9) No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of alerting, warning, or aiding and abetting the warning of any patrons, members, customers, owners, operators, managers, employees, agents, independent contractors, or any other persons in the adult entertainment establishment, that police officers or county health, code enforcement, fire, licensing, or building inspectors are approaching or have entered the premises. (d) The responsibilities of the manager of an adult entertainment establishment shall include: (1) A licensed manager shall be on duty at an adult entertainment establishment at all times adult entertainment is being provided or members of the public are present on the premises The full name and license of the manager responsible for the conduct of patrons and employees shall be prominently posted during business hours. The manager shall be responsible for verifying that any person who provides adult entertainment within the premises possess a current and valid entertainer's license. (2) The licensed manager on duty shall not be an entertainer. (3) The manager licensed under this chapter shall maintain visual observation from a manager's station of each member of the public and each entertainer at all times any entertainer is present in the public or performance areas of the adult entertainment establishment to ensure there are no standards of conduct violations. Where there is more than one performance area, or the performance area is of such size or configuration that one manager is unable to visually observe, at all times, each entertainer, each employee and each member of the public, a manger licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult entertainment. establishment. All adult arcade stations or booths must open to the public room so that the area and occupant inside the booths are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located at the main entrance way to the public room containing the arcade stations or booths. No curtain, door, wall, merchandise, display rack, or other nontransparent enclosure, material, or application may obscure in any way the manager's view of any portion of the activity or occupant of the adult entertainment establishment. (4) The manager shall be responsible for and shall ensure that the actions of members of the public, the adult entertainers, and all other employees shall comply with all requirements of this chapter. The manager shall not be charged with a violation unless a standard of conduct violation occurs. 7.80.00 Premises — Specifications. (a) Live Adult Entertainment Establishment Premises. The performance area of the live adult entertainment establishment where adult entertainment is provided shall be a stage or platform at least eighteen inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which a member of the public has access. A continuous railing affixed to the floor and measuring at least three feet in height and located at least eight feet from all points of the performance area must be installed on the floor of the premises to separate the performance area and the public seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein the live adult entertainment is provided must be visible from the common areas of the premises and from at least one manager's station. Visibility shall be by direct line of sight and shall not be blocked or obstructed by doors, curtains, drapes, walls, merchandise, display racks or other obstructions. (b) Adult Arcade Entertainment Establishment Premises. All adult arcade stations or booths must open to the public room so that the area and occupant inside the booths are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located in the main entrance way to the public room containing the arcade stations or booths. No curtain, door, wall, merchandise, display rack, or other nontransparent enclosure, material, or application may obscure in any way the manager's view of any portion of the activity or occupant of the adult arcade station or booth, or the performance area. (c) Lighting. Sufficient lighting must be provided and equally distributed throughout the public areas of the entertainment establishment so that all objects are plainly visible at all times. A minimum lighting level of thirty lux horizontal, measured at thirty inches from the floor and on ten -foot centers is required for all areas of the adult entertainment establishment where members of the public are permitted. (d) Signs. A sign at least two feet by two feet with letters at least one inch high, which are on a contrasting background, shall be conspicuously displayed in the public area(s) of the adult entertainment establishment stating the following: THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE LAWS OF SPOKANE COUNTY. ENTERTAINERS ARE: A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT. B. NOT PERMITTED TO APPEAR SEMI -RUDE OR NUDE, EXCEPT ON STAGE. C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE. CE. D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA OR IN ANY ARCADE STATION OR BOOTH. (e) Recordkeeping Requirements. An adult entertainment establishment shall maintain and retain for a period of two years the name, address and age of each person employed or otherwise retained or allowed to perform on the premises as an entertainer, including independent contractors and their employees. All papers, records and documents required to be kept pursuant to this chapter must be open to inspection by the licensing administrator during the hours when the licensed premises are open for business, upon two days' written notice to the licensee. ea-e perform —o remises as an entertain epees The purpose of the inspection shall be to determine whether the papers, records and documents meet the requirements of this chapter. (f) Inspections. Prior to the issuance of a license, the applicant must be qualified according to the provisions of all applicable county ordinances, the laws of the United States and of the Sstate of Washington. The premises must meet the requirements of all applicable laws, ordinances, and regulations including but not limited to the Uniform Building Code, and the Spokane County Zoning Code. All premises and devices must be inspected prior to issuance of a license. Upon request, the licensing administrator will schedule a prelicensing conference with all pertinent county departments to assist the applicant in meeting the regulations and provisions of this chapter. In order to ensure compliance with this chapter all areas of a licensed adult entertainment establishment that are open to members of the public must be open to inspection by agents and employees of the jurisdiction during the hours when the premises are open for business. The purpose of such inspections must be to determine if the licensed premises are operated in accordance with the requirements of this chapter. It is expressly declared that unannounced inspections of adult entertainment establishments are necessary to ensure compliance with this chapter. (g) Hours of Operation. An adult entertainment establishment may not be operated or otherwise open to the public between the hours of two a.m. and ten a.m. 7.80.110 License fees, term, expiration, assignment, and renewals. (a) A license issued under this chapter expires on the thirty -first day of December of each year. A license fee may not be prorated, except that if the original application is made subsequent to June 30'", then one -half of the annual fee may be accepted for the remainder of such year. • - • (b) Application for renewal of any adult entertainment establishment license issued under this chapter must be made to the licensing administrator no later than thirty calendar days before the expiration for an adult entertainment establishment license, n .: &fie t— manager's and enterta:.,er'G Iieen ec The licensing administrator shall issue the renewal license in the same manner and on payment of the same fees as for an original application under this chapter, Lidless otherwise noted. The licensing administrator shall assess and collect, an additional fee, computed as a percentage of the license fee, on an application not made on or before such date, as follows: Calendar Days Past Due Percent of .License Fee 1 — 30 25% 31— 60 50% 61 and over 75% (c) The licensing administrator shall renew a license upon application unless the licensing administrator is aware of facts that would disqualify the applicant from being issued the license for which he or she seeks renewal, and further provided that the application complies with all the provisions of this chapter as now enacted or as the same may hereafter be amended. (d) License fees shall be as follows: Live Adult Entertainment Establishment License: $1,500.00 Adult Arcade Entertainment Establishment License: 1,500.00 e- ieense: x O OO Adult Entertainment Establishment Manager License: 150.00 Adult Entertainment Establishment Entertainer License: 150.00 (e) Adult entertainment establishments which offer both live adult entertainment and adult arcade devices or stations /booths shall be required to pay the fees associated with both live adult entertainment establishments and adult arcade establishments. (f) Licenses issued under this chapter may not be assigned or transferred to other owners, operators, managers, entertainers, premises, devices, persons or businesses, (g) A reinspection fee equal to the amount in effect for original application for any license shall be charged if the applicant request approval for a proposed enlargement or alteration of the interior of the adult entertainment establishment, or if the applicant requests the Licensing administrator make an inspection of the premises in addition to the usual prelicensing inspection. To: Council & Staff From: City Manager Re: Draft Schedule for Upcoming Council Meetings Jule 30, 2(103 Light Rail Project in Portland DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of July 25, 2003 8:00 a.m. Please note this is a work in progress; items are tentative July 31 Thursday, 6:00 — 9:00 p.m. — Spokane Valley City Hall, Land Use Law and Liability Workshop/Training Session. Presented by Michael W. Walter, Partner of the law firm of Keating, Bucklin & McCormack. Offered through Washington Cities Insurance Authority. August 5 Study Session 6:00 p.m. [due date July 25] 1. Proposed Ordinance Authorizing Interlocal Agreement re Regional Project — Mike Ormsby (15 minutes) 2. Proposed Zoning Code Compliance Ordinance — Cary Driskell (10 minutes) 3. Resolution Accepting Conveyance of Park Properties — Mike Jackson (5 minutes) 4. Interlocal Agreement re Ownership, Operations & Maintenance of Parks — Mike Jackson (5 minutes) 5. Proposed Agreement for Sewer Extensions and Operation (STEP) —Neil Kersten (20 minutes) 6. Comprehensive Plan Land Use Element Discussion — Marina Sukup (20 minutes) 7. Franchise Ordinance Update — Cary Driskell (15 minutes) 8. Budget Process Presentation — Ken Thompson (1 hour) 9. Proposed Budget Amendment Discussion — Ken Thompson (10 minutes) 10. Council Check in — Dave Mercier (10 minutes) 11. Advance Agenda Additions — Mayor DeVleming (5 minutes) 12. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 185 August 12 Regular Meeting 6:00 p.m. [due date Aug 1] CONSENT: REGULAR: 1. Proposed Water Safety Regulation Ordinance - First Reading 2. Proposed Ordinance Authorizing Interlocal Agreement re Regional Project - First Reading 3. Motion: To confirm Mayor Appointment of Councilman Dick Denenny to Spokane Transit Authority 4. Administrative Reports: Traffic Issues (1) Stiles, (2) Britton, (3) Noise Levels August 13, 2 p.m., Spokane Transit Board Meeting (1230 W Boone Ave, Board Rm) — meeting to determine if a change in the composition of their board is necessary or appropriate. August 13, 2 — 4 p.m. — Meeting with Department of Ecology 4601 N Monroe (Department of Ecology Headquarters) Advance Agenda — Draft Page 1 of 3 Revised 7/25/2003 7:20 AM August 19 Study Session 6:00 p.m. [due date Aug 8] 1. N.W. Christian School Introduction/presentation - Dave Mercier (10 minutes) 2. DARE Program Review - Cal Walker (20 minutes) 3. Police Station Purchase and /or Maintenance and Operation - Cal Walker/Nina Regor (15 minutes) 4. Proposed Emergency Management Services lnterlocal Agreement - Nina Regor (15 minutes) 5. Franchise ordinance update - Cary Driskell (15 minutes) 6. Probation Services Discussion - Cary Driskell (20 minutes) 7. Street Lighting Policy - Cal Walker/Neil Kersten (15 minutes) 8. Wastewater Issues Discussion -Neil Kersten ( 20 minutes) 9. Hearings Examiner Update/Discussion - Dave Mercier (15 minutes) 10. Comprehensive Plan Element Discussion - Marina Sukup (20 minutes) 11. Park Improvement District Presentation - Mike Flanigan (10 minutes) 12. Advance Agenda Additions - Mayor DeVleming (5 minutes) 13. City Manager Comments - Dave Mercier (10 minutes) TOTAL MINUTES: 190 August 26 Regular Meeting 6:00 p.m. [due date Aug 15] CONSENT: REGULAR: 1. Proposed Water Safety Ordinance - Second Reading 2. Proposed Ordinance Authorizing lnterlocal Agreement re Regional Project - Second Reading 3. Proposed Budget Amendment and Public Hearing - First Reading - Ken Thompson 4. Staff Reports: Status of Previous Public Comments /Concerns 5. Department Monthly Reports 6. Administrative Reports Wed, August 27, 6:30 p.m. - County Public Works Bldg. (rescheduled EMS Communications Meeting) September 2 Study Session 6:00 p.m. [due date Aug 22] 1 EDC Presentation of Lane Guin and Frank Tombari (15 minutes) 2. Project Access Presentation - Dr. Selinger (10 minutes) 3. Housing Code Violations - Cary Driskell/Tom Scholtens - (15 minutes) 4. Proposed Junk Vehicle Ordinance - Cary Driskell (10 minutes) 5. Proposed Towing Memorandum of Understanding - Cary Driskell (10 minutes) 6. Comprehensive Plan Element Discussion - Marina Sukup (20 minutes) 7. Right -of -Way and Cross - Circulation Between Appleway and Sprague - Neil Kersten (20 minutes) 8. Council Check in - Dave Mercier (10 minutes) 9. Advance Agenda Additions - Mayor DeVleming (5 minutes) 10. City Manager Comments - Dave Mercier (10 minutes) TOTAL MINUTES: 125 September 9 Regular Meeting 6:00 p.m. [due date Aug 29] 1. Anticipated Adoption of Junk Vehicle Ordinance 2. Anticipated Adoption of Towing Memorandum of Understanding 3. Proposed Budget Amendment Ordinance -2." reading - Ken Thompson 4. Staff Reports: Status of Previous Public Comments /Concerns 5. Administrative reports Advance Agenda - Draft Page 2 of 3 Revised 7/25/2003 7 :20 AM September 16 Study Session 6:00 p.m. [due date Sept 5] 1. Proposed Nuisance abatement ordinance - Cary Driskell (10 minutes) 2. Memorandum of Understanding re Cable TV Advisory Board - Cary Driskell (10 minutes) 3. Comprehensive Plan Element Discussion — Marina Sukup (20 minutes) 4. Advance Agenda Additions — Mayor DeVleming (5 minutes) 5. City Manager Comments — Dave Mercier (10 minutes) DAM, MINUTES: 55 September 17 "Conversation with the Community" 6:30 p.m. — 8:30 p.m. Central Park Condo Center, 6011 East 6 Avenue September 23, Regular Meeting 6:00 p.m. (due date Sept 121 1. CDBG Applications 2. Staff Reports: Status of Previous Public Comments/Concerns 3. Department Monthly Reports 4. Administrative Reports September 30, Study Session 6:00 p.m. [due date Sept 19] 1. Comprehensive Plan Element Discussion — Marina Sukup (20 minutes) October /November /December Study and Regular Meetings I. franchise ordinance update (if not complete) 2. Proposed Sewer /refuse collection ordinance — Stan Schwartz 3. Proposed Library Agreements 4. Monthly staff reports 5. Administrative Reports Advance Agenda — Draft Page 3 of 3 Revised 7/25/2003 7:20 AM