2008, 05-20 Study Session MinutesMINUTES
CITY OF SPOKANE VALLEY
CITY COUNCIL STUDY SESSION
Tuesday, May 20, 2008
Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting
Present:
Councilmembers:
Rich Munson, Mayor
Dick Denenny, Deputy Mayor
Rose Dempsey, Councilmember
Bill Gothmann, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
Diana Wilhite, Councilmember
Staff:
Dave Mercier, City Manager
Mike Jackson, Deputy City Manager
Mike Connelly, City Attorney
Cary Driskell, Deputy City Attorney
Kathy McClung, Community Development Dir.
Mike Stone, Parks & Recreation Director
Ken Thompson, Finance Director
Steve Worley, Senior Engineer
Greg McCormick, Planning Manager
Greg Bingaman, IT Specialist
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
New Employee Introductions: Finance Director Thompson introduced IT Specialist Bill Miller, and
Accountant/Budget Analyst Saydee Wilson; followed by introductions by Senior Engineer Worley
introducing Traffic Intern Michelle Pierce, and Stormwater Interns Scott Knecht and William Floyd.
Council greeted and welcomed the new employees. Mayor Munson also acknowledged Derek Evanston,
Student Advisory Vice Chair who in turn acknowledged several of his fellow students in attendance.
Mayor Munson invited general public comments; and no comments were offered.
ACTION ITEMS (items are in the order taken at the meeting):
It was moved by Councilmember Taylor and seconded, to approve Resolution 08 - 010. City Attorney
Connelly explained that we were contacted this afternoon by Spokane County and informed that due to
the river now reaching flood stage, along with debris in the river, the Sheriffs Office felt the river is
unsafe even for rescue teams; that the Board of County Commissioners passed an Order to restrict
Access, and the City of Spokane will also address this matter tomorrow at an emergency meeting; that
Liberty Lake has also been contacted, and our staff contacted Municipal Research Services Center
(MRSC) which researched our authority to restrict river access, and it was deemed appropriate; that we
need to protect the public and protect the waterways, adding that this Resolution is identical to that which
was passed by the County, and the Sheriff's Office and Police Department feel there is significant public
health risk if people were to recreate on the river. Mayor Munson invited public comment; no comments
were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion
carried.
1. Karen Kendall First Reading, Ordinance 08 - 010 STV 01 - 07
It was moved by Councilmember Taylor and seconded to advance ordinance 08 - 010 to a second reading.
After City Clerk Bainbridge read the ordinance title, Assistant Planner Kendall explained the proposed
street vacation via her PowerPoint, and in response to Council comment, mentioned that the brick
buildings facing Sprague are not part of this street vacation, but would be examined when such project
was further proposed. Mayor Munson invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
Study Session Meeting Minutes:05 -06 -08 Page 1 of 7
Approved by Council: 06 -10 -08
[removed from the agenda]
3. Motion Consideration: Cooperation Agreement for Community Development Block Grant (CDBG)
and Home Investment Partnership Funds - Greg McCormick
It was moved by Councilmember Wilhite and seconded to authorize the City Manager or designee to sign
the Cooperative Agreement for the Community Development Block Grant and HOME Investment
Partnership Funds subject to the establishment of a set aside funding policy by Spokane County
specifically for the sole use by the City of Spokane Valley for eligible capital projects. Planning Manager
McCormick explained that as Spokane County is now due to re- qualify for fiscal years 2009 through
2011, we are again in the position to decide whether to renew participation in the CDBG /HOME
Consortium, or become a direct entitlement recipient from HUD; and that the County must provide
written notice of our decision by May 23, 2008. Mr. McCormick noted that on May 8 Spokane County
staff presented a request to the Housing and Community Development Advisory Committee (HCDAC)
from us to create a $300,000 set -aside fund for Spokane Valley to be available only for qualifying capital
projects; that the HCDAC voted unanimously to forward that recommendation of approval to the Board
of County Commissioners, and the Board ultimately approved a resolution establishing that policy change
to include the $300,000 set -aside fund for our city. Mayor Munson invited public comment; no
comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions.
None. Motion carried.
5. Motion Consideration: Land Acquisition Policy Points — Scott Kuhta
It was moved by Councilmember Wilhite and seconded that staff be authorized to initiate negotiations
using the policy points as outlined herein (e.g.: "The negotiations should include, but not be limited to the
following: a. vacation and relocation of Dartmouth Avenue; b. Property owners to divide property for
purchase via a Binding Site Plan; c. Specific definition of land to be acquired, currently anticipated to be
located adjacent to Dartmouth between Sprague and Appleway; d. Valuation of property as of the date the
LOI was agreed to [April 22, 2008] and signed by both parties [Univ. City 5- 13 -08; City of SV 5- 15 -08];
e. Purchase price to be determined by an appraisal process similar to that process used by the Spokane
County Library District in their purchase and sale agreement. Staff will explore possibility of using the
appraisal work done on the Library District's purchase and sale agreement; f. Removal of existing
buildings, including the former Crescent building [currently a call center] located across the future
Dartmouth from the proposed City Hall site prior to occupancy of City Hall or sooner if necessary for the
construction of Dartmouth; g. Staff to explore financing /ownership options that are allowed by state law
for the future City Hall ). City Attorney Connelly stated that on April 22, 2008, Council authorized the
City Manager to sign a non - binding letter of Intent to purchase property within property owned by
University City, Inc.; and that agreement has been signed by the parties; that staff now seeks Council's
direction to meet with the property owner pursuant to the Letter of Intent to begin negotiation of the
Purchase and Sale Agreement for property to site a new City Hall. Mayor Munson invited public
comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried.
4. Motion Consideration: Development Agreement: Lowe's/Kohl's - John Hohman
It was moved by Councilmember Wilhite and seconded to authorize the City Manager or designee to
execute the agreement with Black Enterprises, LP. Community Development Director McClung,
standing in for Mr. Hohman, explained that this agreement is similar to that which was approved last
October for the Shelley Lake Development, that as this project will contribute increased traffic volumes,
the intersection of Sprague Avenue /Conklin would warrant a traffic signal; and Black Enterprises has
agreed to the amount of the contribution and opted to pay for the signal design, which has been reviewed
and accepted by the City; that the total cost for the developer is $108,446.79. Mayor Munson invited
public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:
None. Abstentions: None. Motion carried.
8. Motion Consideration: Fool Construction Contingency Budget — Mike Stone
Study Session Meeting Minutes:05 -06 -08 Page 2 of 7
Approved by Council: 06 -10 -08
It was moved by Deputy Mayor Denenny and seconded to authorize the City Manager or Designee to re-
allocate $190, 000 of Parks Capital Improvement dollars to provide contingency funding for the 2008-
2009 pool renovations projects. Parks and Recreation Director Stone explained that after discussions
with the pool consultant and contractor, staff determined that the pool renovation project will not be
completed until 2009; that it is anticipated that 70% of the total renovation project will be completed by
the end of 2008, with the remaining 30% to be completed in 2009; that prior to the bid opening, the pool
project budget included a contingency provision of $200,000 in 2008; that when the bids came in high,
the $200,000 contingency was reduced to $10,000 so that we could reallocate the difference to cover
construction costs. In response to Council question, Mr. Stone stated that the 70% work includes all three
bathhouses. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation.
In Favor: Mayor Munson, Deputy Mayor Denenny, and Councilmembers Schimmels, Gothmann,
Dempsey and Wilhite. Opposed: Councilmember Taylor. Abstentions: None. Motion carried.
10. Avista Electric /Barker Road : Bridhe Project Memorandum of Understanding - Steve Worley
It was moved by Councilmember Wilhite and seconded to authorize the City Manager or designee to sign
and execute the Memorandum of Understanding. Engineer Worley thanked Council for the opportunity
to expedite this item as an action item tonight; he explained that bids were opened for the construction of
the new Barker Road Bridge, and that Avista Utilities has an electrical distribution line directly east of the
bridge that must be relocated prior to the construction of the new bridge; that the construction will require
temporarily relocating the lines onto private property; that they are still working with Avista on some of
the language, and mentioned hat Article 2 Section 1 will have a minor change as the work will not be
completed five weeks after execution of the agreement. Mayor Munson invited public comment; no
comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:
None. Motion carried.
Mayor Munson again invited general public comments; no comments were offered. Mayor Munson
called for a short recess at 6:45 p.m. and reconvened the meeting at 6:55 p.m.
REGULAR STUDY SESSION ITEMS:
6. Fireman's Fraternal Association: "Fill the Boot for Muscular Dystrophy" - John Nelson, Steve Spuler
Mayor Munson stated that we have asked that the Firefighters observe our ordinance, Spokane Valley
Municipal Code 8.25, and said we don't want people entering the right -of -way stopping traffic and
collecting funds, and in that regard, Mr. Nelson asked for an opportunity to present the case for Muscular
Dystrophy. Steve Spuler, President of the Valley firefighters, gave a brief history of the "fill the boot"
campaign, that this has been occurring for 54 years and is a major fund raising event which has raised
over $300 million over the course of the event, and raised $25 million last year; that they have been in the
valley for 24 years and last year's fundraiser had over 200 people benefit from that activity; he said
cutting the fundraising would be a big mistake; that KREM did a survey and received over 80% positive
comments; that they work at intersections when the traffic is stopped; that they understand the flow of
traffic and take great care not to obstruct it; and that he is unaware of any traffic event that was caused as
a result of this activity. Mr. Spuler further explained that the firefighters have specific training and
experience in working in that environment; and that the organization carries over $1 million dollars in
liability insurance; that the firefighters are in uniform and are thereby distinct and recognizable; and he
pointed out via his documentation in the Council packet, of examples of how other cities have addressed
this issue.
Further discussion ensued including mentioned that the Sheriff's Office has been supportive of this event
in the past; that the Muscular Dystrophy Association is a very good organization; comment from Deputy
Mayor Denenny that he would like to try to find some mechanism to allow them to proceed without
jeopardizing equal treatment to all other fundraisers; mention from Mr. Nelson that Tacoma and several
other cities employ a permit process for certain entities who are trained to work in such environments as
compared with such entities as guild school members seeking donations; mention by Mr. Spuler that they
are not really in traffic as the automobiles are stopped; mention by Councilmember Taylor about having
Study Session Meeting Minutes:05 -06 -08 Page 3 of 7
Approved by Council: 06 -10 -08
training guidelines with response from Mr. Nelson that the individuals are trained as part of their
profession; further mention by Councilmember Taylor of his hesitancy in giving an exception of one
charity over another, and that any ordinance addressing this issue should include specific training
guidelines; mention from City Attorney Connelly that our current ordinance prohibits walking into right -
of -way lanes of travel.
There was Council consensus that staff research this issue to ultimately draft an ordinance or other
mechanism to allow this single exemption to continue under specific environments with narrow
parameters of who can do this or what training would be needed to do this, and to include such things as
not jeopardizing the enforcement of panhandling regulations; that it should not be charity specific; and it
should include a special permitting process.
Mayor Munson mentioned that until we can get this issue before Council again, he would appreciate the
firefighters "filling the boot" from the curb; that he supports what they are doing but asked them to follow
the ordinance we have until we can initiate changes. Mr. Spuler said this year's event is scheduled for
August 2. City Attorney Connelly reminded everyone that Council does not enforce the laws or make
decisions about enforcement, that that is done by the administrative part of government; and while
Council can write the laws, enforcement should not be debated by Council.
7. Webcasting- Greg Bingaman/Ken Thompson
Mr. Bingaman stated that Council has expressed interest in broadcasting and/or webcasting council
meetings, and he has conducted some initial research and obtained some financial estimates on various
options; and that he seeks further input to continue the research or wait until a franchise agreement is in
place, or other options. Mayor Munson asked for more detail on the budget and why such a large range;
to which Mr. Bingaman replied that research has revealed there are no Washington cities currently using
webcasting only; and that webcasting for most other cities has evolved as a "byproduct of television
broadcasting." Mr. Thompson added that most cities also revealed they began with an expense of
$60,000, which grew substantially up to a quarter million over just one or two years; and that $100,000
annually buys about one and one -half employees and some hardware, but we would also need a channel
or other means to broadcast. After Mr. Bingaman explained the options included in his Request for
Council Action, he added that without the cable franchise agreement in place, we would be responsible
for purchasing the necessary hardware to create the needed signal. Both Mr. Thompson and Mr.
Bingaman mentioned the importance of putting on a "quality show" to see and hear. There was further
discussion of the costs involved in all the mentioned options, and Mr. Bingaman mentioned that on our
website, the agendas receive few "hits" while the minutes receive substantial hits; and he said that a
system such as Granicus web streaming also has the ability to allow citizens to go to any particular part of
the meeting which interests them most, and simply watch that portion rather than the entire meeting.
Councilmember Gothmann mentioned he also conducted some research and found that in the city of
Lynnwood, about 25% of their population watch the council meetings, and in Vancouver at least one -
quarter of cable subscribers watch a televised meeting; and said that would put estimates of our citizens to
about 5,500 watching council meetings out of 22,00 Comcast subscribers, which is an enormous amount
of annual hits.
Mayor Munson asked Council their preference on this issue, and through an informal acknowledgement
of preference, resulted in a four to three preference to not move forward at this time.
9. Steve Worley (10 minutes) Barker Road Bridge /CH2M Hill Contract Amendment
Engineer Worley explained that the present proposal will be brought forth for eventual Council approval
consideration; that the bid opening was Friday; and to assist in the construction management of this large
project, staff requests to amend their contract so that they help provide construction management services
for us; and stated that this is typical and has been done on other large projects; that the CH2M Hill
Study Session Meeting Minutes:05 -06 -08
Approved by Council: 06 -10 -08
Page 4 of 7
Company is the designer so they would be the logical choice as the construction administrators. Mr.
Worley noted that the draft scope of work is attached, and some areas of that scope are still being
finalized. After a brief discussion concerning the budgetary impacts of this project, there was Council
consensus to move this project forward.
11. Storm Drainage Easement — Cary Driskell
Deputy City Attorney Driskell explained that through Spokane County prior to our incorporation, we
purportedly owned a stormwater easement acquired from Robert Bonuccelli of East Bannen Properties;
that the address of the property where the easement was granted is 14211 East Sprague Avenue, and that
Mr. Bonuccelli is not the legal owner of this specific parcel and therefore could not (or should not) have
granted an easement; but that this improperly granted easement now currently acts as a "cloud" on the
title and this release will release any right that may have been acquired, although he added that it is
doubtful any easement rights exists; and that this action would clear up a clerical mistake. There was
Council consensus to place this item on the next Consent Agenda.
12. County -wide Planning Policies (CWPP) Update — Mike Connelly
City Attorney Connelly explained that this issue was recently before Council for review and comment on
the Spokane County request for financial assistance in completing the necessary capital facility analysis
and environmental studies needed for the adoption of expanded UGA boundaries; and that his
accompanying report is an update to that request. Mr. Connelly then explained his accompanying
Memorandum outlining the Spokane County compliance status, the proposed changes to the Spokane
County area wide planning policies, and the regional collaboration urban growth area update
recommendations and policy considerations, which includes key policy issues the Steering Committee
will be asked to consider, i.e., (a) the change in County wide planning policies as set forth in the above -
referenced memorandum; (b) the adoption of a final population project for Spokane County, and (c)
discussion of the continuing implementation of regional collaboration pursuant to CWPP Topic 2, Joint
Planning Within Urban Growth Areas. Mr. Connelly added that while state law requires UGAs be
amended every ten years, the County is technically not out of compliance with state law, but are out of
compliance with County law as that states the UGAs are to be updated every five years. Mayor Munson
mentioned that the Steering Committee's public hearing will be held tomorrow. Mr. Connelly also
mentioned that the two changes for attention are moving from five to ten years, which the Technical
Committee has no objection to, and the second concerns the issue that population growth within all UGAs
that have not been assigned to a city equals or exceeds fifty percent of the additional population capacity
estimated for the unassigned UGAs at the start of a twenty -year planning period; and that the concern
seems to be a recognition that the County can have UGAs that are independent and not assigned to any
cities, or can have stand -alone UGAs; and if growth within a UGA is not allocated to any growth that
equals or exceeds 50% of the estimate, they can go back and make the UGA larger.
There was discussion on the "Triggers for Review of the UGA" as shown on Mr. Connelly's "Exhibit 1"
and in particular of that section dealing with population growth exceeding 50% of the additional
population, and Mayor Munson said he feels the triggers are meant only to require a County -wide update
to the UGAs, not to expand anything, but to go with the planning update process which normally occurs
every ten years, and if it hits the 50% mark, then it triggers discussion and review. Mr. Connelly agreed
with that interpretation, but said that the third trigger is what was added, and the controversy with
Spokane County is the feeling that we could have UGAs that are not JPAs (joint planning areas), and he
asked if Council is comfortable with the way it is stated, as he believes the "not assigned to a city" is not
consistent with GMA (Growth Management Act). After further discussion on whether to agree with the
"triggers," it was determined that at the Steering Meeting tomorrow, that Mayor Munson and
Councilmember Wilhite would voice their opposition to section c. Section 18c was discussed as well
['Commercial or industrial land consumption within all UGAs that have not been assigned to cities equals
Study Session Meeting Minutes:05 -06 -08 Page 5 of 7
Approved by Council: 06 -10 -08
or exceeds fifty percent of the developable commercial or industrial land supply within the unassigned
UGAs at the start of the twenty -year planning period.]. Mayor Munson asked if at tomorrow's meeting,
the consensus is not to adopt c, how would this Council prefer he and Councilmember Wilhite to vote
regarding the overall changes; and Deputy Mayor Denenny and Councilmember Schimmels agreed if this
can't be omitted, to oppose the overall changes; while Councilmember Gothmann mentioned he has not
read the entire document, and Councilmember Taylor stated his ambivalence but perhaps there should not
be a vote on the final document if we can't omit "c."
Attorney Connelly said a third area of discussion concerning the population projection is that previously
the GMA Steering Committee recommended the Office of Financial Management (OFM) medium
number, and at a subsequent meeting approved the Commissioner's request to support the OFM plus
12.5 %; and mentioned that this will be the third time this issue will be addressed; and he asked Council
which number they prefer to support. After discussion of past actions of the Steering Committee and the
Board of County Commissioners (BoCC); mention that a formal vote was never taken; and that this issue
can be revisited at any time; it was Council consensus to support the OFM number, realizing that the final
decision rests with the BoCC. Mayor Munson also mentioned that the County sent us a letter asking for a
response if we would be willing to help pay for an EIS (Environmental Impact Study) for the County in
preparation to completing the UGA update; and after brief discussion on this issue, it was determined that
Council needed more information prior to making a recommendation on that topic.
It was moved by Deputy Mayor Denenny, seconded and unanimously agreed to extend the meeting to
10:00 p.m. Mayor Munson called for a brief recess at 9:00 p.m., and reconvened the meeting at 9:05 p.m.
13. Transportation Financial Gap Analysis: Financial Options and Facts — Dave Mercier
City Manager Mercier distributed a copy of the "Street Fund Problem Statement #2" and opened
discussion on the gap analysis and financing options; and explained that we rely upon the street fund to
provide for the basic maintenance of the 430 miles of road in our city; and that the data shows that we
spent $4.195 million in 2008, and that the expenditure line for this across the next five years is $4.2
million, and that we won't propose to spend any more annually for street maintenance until we can
identify a means to close the gap between the $4.5 million current and the $2.1 received revenue. The
following is the result of council suggestions to close the gap, along with the first and second vote of the
top options. Mr. Mercier said staff will come back at the next discussion, scheduled for July, to address
those chosen options to see how to develop that theme, and seek further council direction.
(Vote tallies shown on the left are the first round of votes, and vote tallies shown on the right are the
second round of votes.)
1st Vote Item
6
6
4
3
2
2
1
1
0
0
0
0
Solid Waste Franc
Street utility tax {\
Car Tabs - -- TBD
RE IT tax i'ealloca
Property tax (`')
Telephone l_4ilit% fax
Gas. tax - -3 ;
Transfer of general fund
Lobby the Legislature 1
B &O Tax
Cut transportation services
Electric Utility Tax
Limited Improvement District
Councilmanic Bonds
General Obligation Bonds
Study Session Meeting Minutes:05 -06 -08
Approved by Council: 06 -10 -08
lase
lien
o n
2 " Vote
'ailable)
Total Item Votes
7
3
3
1
1
0
0
0
0
Page 6 of 7
14. Advance agenda — Mayor Munson
Mayor Munson mentioned the upcoming discussion on solid waste tax which topic would include
discussion of mandatory pick up so that Council can get an idea of what that means for rates and
ratepayers.
15. Information Only Items: the items of (a) Spokane Valley Fire Department Ambulance Service
Interlocal and Letter; (b) Consultant Selection City Center EIS; and (c) Department Reports, were for
information only and were not discussed.
16. Council Check in — Mayor Munson: No comments.
17. City Manager Comments — Dave Mercier
Mr. Mercier said he wanted to mention to all the Councilmembers that he, Mayor Munson and
Councilmember Dempsey met with the lead lobbyist to discuss a range of options of interest to begin
building the legislative agenda for 2009; that they discussed street utility, legislative support for increased
funding for 911, capital budget requests to fill the $200,000 gap for the Greenacres Park, and asked that
they review the capital budget committee allocations over the last five years to gain a better idea of the
span of projects that get funding and whether a certain project has a propensity for being funded, and then
determine what we have that might fit. Mayor Munson added that they continue to support AWC's efforts
on GMA reform; Mr. Mercier mentioned that they have asked for continued assistance in collaborating
with other jurisdictions in trying to offer a request to the federal government to support interoperability
expenses statewide.
Mayor Munson said he would like Council permission to approach each of the electric utility companies
to ask if they would discuss formulating or recommending a minimum electric utility tax.
Councilmember Gothmann questioned if a citizen could challenge this even if an electric utility company
did not; and Mayor Munson said he will begin a dialogue to help those companies understand what we're
trying to do, and how road maintenance would be beneficial to all customers. Councilmember Schimmels
mentioned he feels it is worth discussing, and brought up the topic of water conservation and water
rights /expansion.
There being no further business, the meeting adjourned at 9:41 p.m.
-=liristine Bainbridge, City Cler
Study Session Meeting Minutes:05 -06 -08
Approved by Council: 06 -10 -08
ichard 'on, ayor
Page 7 of 7
.r Chapter 8.25 OF.' 'ISES AGAINST PUBLIC PEACE
Sections:
8.25.010 Anticipatory offenses.
8.25.020 Aggressive begging.
8.25.030 Disorderly conduct.
8.25.040 Public disturbance.
8.25.050 Public nuisances.
8.25.060 Noise disturbance.
Chapter 8.25
OFFENSES AGAINST PUBLIC PEACE
TOC >
8.25.010 Anticipatory offenses.
The following provisions of the Revised Code of Washington as presently
constituted or hereinafter amended are adopted by reference:
RCW:
9A.28.020 Criminal attempt.
9A.28.030 Criminal solicitation.
9A.28.040 Criminal conspiracy.
(Ord. 46 § 11, 2003).
8.25.020 Aggressive begging.
A. Any person who engages in aggressive begging in any public place in the City
as those terms are defined by this section is guilty of a misdemeanor.
B. As used in this section:
1. "Aggressive begging" means to beg with intent to intimidate another person
into giving money or goods.
2. "Begging" means to ask for money or goods as a charity, whether by words,
bodily gestures, signs or other means.
3. "Intimidate" means to coerce or frighten into submission or obedience.
4. "Public place," for purposes of this section, means any road, alley, lane,
parking area, sidewalk or any place, private or otherwise, adopted to and fitted for
vehicular or pedestrian travel that is in common use by the public with the consent,
expressed or implied, of the owner or owners; and any public playground, school
grounds, recreation grounds, parks, parkways, park drives, park paths and rights -of-
way open to the use of the public. (Ord. 46 § 14, 2003).
8.25.030 Disorderly conduct.
Any person who engages in disorderly conduct is guilty of a misdemeanor. A
person engages in disorderly conduct when that person:
A. Uses abusive language and thereby intentionally creates a risk of assault;
B. Intentionally disrupts any lawful assembly or meeting of persons without
authority;
C. Intentionally obstructs vehicular or pedestrian traffic without lawful authority;
D. Fights by agreement, except as part of an organized athletic event; or
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.Chapter 8.25 OF'° 'USES AGAINST PUBLIC PEACE Page 2 of 4
E. Enters or remains in any school building, classroom or upon any school ground,
or street, sidewalk or public way adjacent thereto, and intentionally causes disruption
of the activities of the school.
F. As used in this section, "school" has its ordinary meaning and also includes
universities, colleges, community colleges and institutions of higher learning. (Ord. 46
§ 25, 2003).
8.25.040 Public disturbance.
The following provisions of the Revised Code of Washington as presently
constituted or hereinafter amended are adopted by reference:
RCW:
9.27.015 Interference, obstruction of any court building or residence — Violations.
9A.84.010 Riot.
9A.84.020 Failure to disperse.
9A.84.040 False reporting.
(Ord. 46 § 45, 2003).
8.25.050 Public nuisances.
The following provisions of the Revised Code of Washington as presently
constituted or hereinafter amended are adopted by reference:
RCW:
9.66.010 Public nuisance.
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
(Ord. 46 § 46, 2003).
8.25.060 Noise disturbance.
A. It is unlawful for any person to make, continue, cause to be made, or to allow to
originate from real property in the possession of said person, in private rights -of -way,
or in public rights -of -way, any sound which creates a noise disturbance.
B. For the purposes of this section, the following sounds are declared to be noise
disturbances:
1. Sounds created by use of a radio, television set, musical instrument, sound
amplifier or any other device capable of producing or reproducing sound, which
emanate frequently, repetitively or continuously from any building, structure or
property located within a residential area, and which annoy or disturb the peace,
comfort or repose of a reasonable person of normal sensitivity;
2. Any other sound occurring frequently, repetitively or continuously which
annoys or disturbs the peace, comfort or repose of a reasonable person of normal
sensitivity. This section shall not apply to noncommercial public speaking and public
assembly activities conducted on any public space or public right -of -way for which a
permit has been obtained. Additionally, this section shall not apply to noises produced
by dogs, which is addressed in SVMC 6.05.070(K)(4).
C. Exemptions.
1. The following shall be exempt from the provisions of this chapter:
a. Sounds created by motor vehicles when regulated by Chapter 173 -62
WAC;
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RCW 9A.84.03f' , 'sorderly conduct. Page 1 of 1
RCW 9A.84.030
Disorderly conduct.
(1) A person is guilty of disorderly conduct if the person:
(a) Uses abusive language and thereby intentionally creates a risk of assault;
(b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;
(c) Intentionally obstructs vehicular or pedestrian traffic without lawful authority; or
(d)(i) Intentionally engages in fighting or in tumultuous conduct or makes unreasonable noise, within five hundred feet
of:
(A) The location where a funeral or burial is being performed;
(B) A funeral home during the viewing of a deceased person;
(C) A funeral procession, if the person described in this subsection (1)(d) knows that the funeral procession is taking
place; or
(D) A building in which a funeral or memorial service is being conducted; and
(ii) Knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service.
(2) Disorderly conduct is a misdemeanor.
[2007 c 2 § 1: 1975 1st ex.s. c 260 § 9.4.84.0301
Notes:
Effective date -- 2007 c 2: "This act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state govemment and its existing public institutions, and takes effect immediately (February 2,
2007)." (2007 c 2 § 2.]
http:// apps .leg.wa.gov /RCW /default.aspx?cite= 9A.84.030 4/14/2008
MAILING ADDRESS: 1100 W, MALLON
SPOKANE, WA 99260 -0001
.ACTUAL ADDRESS: 901 N. MONROE #320 — SPOKANE, WA 99260
(509) 835-4575
FAX (509) 835 -4596
Is a Hard Copy Being Mailed? No
SPOKANE POLICE DEPARTMENT
• SPECIAL EVENTS OFFICE
SGT. Jason Hartman
jhartman@,spolcanepolice.org
—FAX COVER SHEET—
Message t0: Jana Worthington /All City Department
Fax #: 325 -3902
Telephone #:
Message from: Sgt. Jason Hartman Date: July 12. 2007 Time: 1Q45
4 Pages follow this cover page.
CONFIDENTIALITY' NOTICE: THE DOCUMENT (S) ACCOMPANYING THIS TELF.COPY
TRANSMISSION DO (ES) CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE
SENDER, WHICH IS LEGALLY PRIVIT -EGED. THE INFORMATION IS TNTEDED ONLY FO. THE
USE OF THE INDIVIDUAL OR ENTITY NAMED BELOW. IF YOU ARE NOT THE INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING DISTRPBUTION,
OR THETAKING OF ANY ACTION IN RELIANCE UPON THE CONTENTS OF THIS TELICOPIED
INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TFUCOPY IN
ERRROR, PLEASE IMMEDIATELY NOTIFY LYS BY TELEPHONE TO ARRANGE FO THE RETURN
Or THE ORIGINAL DOCUMENTS TO US.
Additional Comments: Firefighters Fill the Boot for MDA
SPOKANE
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A1Tfr1 RI AT1ON
AND
ADDITIONAL PROViSIONS
EVENT: Firefighters Fill the Boot for IvIDA DATE: July 14, 2007
DEPARTMENT INVOLVEMENT: Plonitored by on duty Officers, when possible..
APPROVED INTERSECTIONS: Division /Nevrport Hwy, Francis/Wall, and
Francis/Nevada
ADDITIONAL PROVISIONS; The Sponsor is responsible for the safety of all
participants. Each participant will wear a traffic safety vest at all times. No participant
shall enter into traffic to go between vehicles that occupy the intersectiontroadway, The
participants will concentrate their activities to the curb lane avoiding moving traffic at all
times. There will also be one designated Sponsor representative at each location
during all hours that the fundraiser is going. Signs are approved; they must be made of
paper or cardboard with large letters for ease of reading. No sticks over ,! ' in
thkolness can be used to support the signs. Sandwich board type signs are approved
No minors shall participate in this event. The sponsor shall keep a Dopy of this permit at
each location.
This permit does not authorize any activity outside the City of Spokane. The sponsor
and all participants will follow all Federal and State Laws as well as all Ordinances of
the City of Spokane.
REV[EI LN OFFICE :
q`. 430
SG 1 ASON HARTMAN
SPECIAL EVENTS
APPROVED:
ANNE KIRiPATRIK
CHIEF OF POLICE
L
SPONSORING ORGAN
APPLICANT NM
ADDRESS:
DAYTIME PRONE:(
CONTACT PERSON "ON SITE' DAY Or
l �I
ACTUAL HOURS OF E:E NT , A M -
SET UP TIMES. Ahd M -
DESCRIBE SPECIFICALLY YOUR SET UP WORK:
AM/PM-
M/ AA
�� AP:.! TAKE DOWN TIMES:
LIST ANY STREET(S) REQUIRING CLOSURE. INCLUDE STREET N. ME(S). DATE AND TIP OF CLOSING
REOPENING:
D TIME CIF
1
APPLICANT AND SPONSORING ORGANIZATION INFORMATION- .
.
;./ - SINESS PHON 'r / 1, _!/ ����il7i�
AV/
IP:
— EVE. pHONE:t ) y FAX.:i ) _
PAGER. /CELLULAR= 1 i
OVERALL LEVENT'DESCRIPTIONIROUTE MAP /SITE DIAGRAM: ' .•
Please provice a DETAILS DESCRIPTION of your eWnt. Include n:8ae regarding use ofvchIcles, animals, ride or 3rty oCh:r
pertinent In(orrnelno about Iho avont
CITY Or 5POKANE 'SPECIAL EVEafTS PERMIT PAGE 1 OF 3
A CITY BUSINESS LICENSE MAY BE R=OUIRE0.
NO , YES
{i( ❑ DOES THIS EVENT INVOLVE THE SAID OR USE OF ALCOHOLIC BEVERAGES? IF S0. YOU MUST
CONTACT THE WASHINGTON STATE LIQUOR CONTROL BOARD (509) 0255313 AND THE SPECIAL
POUCE PROBLEMS DIVISION (509) 625 -4089.
WILL ITEMS OR SERVICES BE SOLD AT THIS EVENT? IF YES, PLEASE DESCCRIBG:
I7 G
DOES THIS EVENT INVOLVE A MOVING ROUTE OF ANY KIND ALONG STREETS, SIDEWA'At.KS OR HIGH.
WAYS? IF YES, . ATTACH A DETAILED MAP OF YOUR PROPOSED ROUTE, INDICATE DIRECTION OF
TRAVEL, AND PROVIDE A WRITTEN NARRATIVE TO EXPLAIN YOUR ROUT.
❑ DOES THIS EVENT INVOLVE A FIXED VENUE ate ? IF YES. AT-, A<>4 A DETAILED SITE RAP SHOW-
ING ALL STREETS IMPACTED EY TriE EVENT.
IN ADDITION TO THE ROUTE MAP .P REQUIRED ABOVE, PLEASE ATTACH A DIAGRAM SHOWING THE OVERALL LAY -OUT AND
SET -UP LOCATIONS FOR THE FOLLOWING ITEMS : (CHE < ITEMS US1NC)
• ALCOHOUC CONCE AND/OR BEER GARDEN AREAS
O FOOD CONCESSION AND/OR F000 PREPARATION AREAS OF YOU INTEND TO COOK °OOD IN THE EV__NTAREA.
PLEASE SPECIFY METHOD: GAS ELECTRIC CHARCOAL OTHER Specify )
❑ PORTABLE AND/OR PERMANENT TOILET FACILMES
❑ FIRST AID FACILITIES AND AMBULANCE LOCATIONS
❑
TABLES AND CHAIRS
O FENCING. BARRIERS, AND/OR BARRICADES
CD ± GENERATOR LOCATIONS AND /OR SOURCE OF ELECTRICITY
g CANOPIES OR TENT LOCATIONS
BOOTHS. EXHIBITS. DISPLAYS CR ENCLOSURES
❑ SCAFFOLDING, BLEACHERS, PLATFORMS. STAGES. GRAND STANDS DR RELATED STRUCTURES
El VEHICLES AND/OR TRAILERS
❑ TRASH CONTAINERS AND OUMPSTERS
DESCRIBE YOUR PLAN FOR CLEAN -UP AND REMOVAL OF WASTE AND GARBAGE DURING AND AFTER THE EVENT:
SAFETY 7 SECURITY /ACCESSIBILITY„
PLEASE ESCRIBE YOUR PROCEDURES FOR BOTH CROWD CONTROL AND INTERNAL SECURITY* ,n -� / r762� � ,/_
PLEASE DESCRIBE YOUR FIPST•WD /MEDICAL FLAN. HOW MANY FIP.ST•AID BTATIONS WHERE ARE THEY LOCATED
ALONG f ROUTE? HOW WILL THEY BE STAFFED?:
PLEASE DESCRI YOUR ACCESSIBILITY PLAN FOR ACCESS AT YOUR EVENT FOR INDr✓IDUALS WITH DISAEILITIES:_
A NOO YES
HAVE VOLT MIRED ANY PROFESSIONAL S ORGANIZATION TO HANDLE SECURITY ARRANGE-
MENTS FOR THIS EVENT? IF YES, ?LEASE STATE
SECURITY ORGANIZATION: ePHON °ir
ADDRESS:
SECURITY DIREOTOR NAME:
CITY OF SPOKANE SPEGLAL EVENTS FERMI PAGZ 2 OF 3
IS THIS A NIGHT EVENT? IF YES. FL EASE STATE HOW THE EVENT AS4ID SURROUNDING AREA
WALL EE ILLUMINATED TO ENSURE SAFETY OF THE PARTICIPANTS AND
SPECTATORS'
ENTERTAINMENT / ATTRACTIONS /'RELATED.EVENT- ACTNITIE
Nge' YES
WILL ADMISSION BE CHARGED?
1L! ❑
py
ARE THERE ANY MUSICAL ENTERTAINMENT FEATURES REI ATED TO YOUR EVENT? IF YES. PLEASE
STATE THE' NUMBER OF STAGES, NUMBER OF BANDS AND TYPE OF MUSIC.
NUMBER OF STAGES: NUMBER OF BANDS_
TYPE OF MUSIC:
WILL BOUND AMPLIFICATION BE USED? IF YES. PLEASE INDICATE STAR I TIME: AM/PM -
FINISH TIME: AM/P1,1.
PLEA=SE OESaRI9E THE SOUND EQUIPMENT THAT WILL BE USED FOR YOUR EVENT:
ANY INFLATABLE DEICES OR HOT AIR BALLOONS? IF YES, PLEASE DESCRIBE:
ANY FIRE WORKS, ROCKETS OR OTHER PYROTECHNICS? IF YES. PLEASE DESCRIBE;
ANY SIGNS, BANNERS. DECORATIONS, SPECIAL LIGHTING? IF YES. PLEASE
DESCRIBE:
INSURANCE. REQUIREMENT
IN MOST CASES. EVIDENCE OF INSURANCE WILL D.F. REQUIRED BEFORE FINAL PERMIT APPROVAL PLEASE PROVIDE A
CERTIFICATE OF INSURANCE WHICH SHOWS S1 MILLION IN COMMERCIAL GENERAL LIABILITY INSURANCE AND A POLICY
ENDORSEMENT WHICH NAMES THE CITY OP SPOKANE AS ADDITIONAL INSURED. SOME EVENTS MAY REOUIRE A
HIGHER LIMIT OF INSUF.ANCE. EACH EVENT IS EVALUATED ON ITS RISK EXPOSURE. THE CITY ALSO OFFERS A
PROGRA61 FOR SPECIAL EVENTS INSURANCE WHICH ALLOWS SPONSORS TO PURCHASE SPECIAL EVENT INSURANCE.
CALL RISK MANAGEMENT AT 625.8222.
HOLD.HARMLESS / AFFIDAVIT'OF APPLICAN
I CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF. THAT I HAVE READ, UNDERSTAND AND AGE TO ABIDE 6Y THE RULES AND REGULATIONS
GOVERNING THE PROPOSED SPECIAL EVENT UNDER THE SPOKANE MUNICIPAL CODE AND CITY COUNCIL POLICY. I
AGREE TO ABIDE BY THESE RULES, AND FURTHER CERTIFY THAT I, ON BEHALF OF THE SPONSOR, AM ALSO
AU T HOPI2;L' TO COMMIT THE SPONSOR, AND THEREFORE AGREE TO BE FINANCIALLY RESPONSIBLE FOR ANY COST
ANO FEES THAT MAY EE INCURRED SY OR ON BEHALF OF THE EVENT TO THE CITY OF SPOKANE.
I AGREE. ON SENtAL? OF THE SPONSOR. TO DEFEND. INDEMNIFY AND HOLD HARMLESS THE CITY OF SPOKANE, ITS
DEPARTMENTS. EMPLOYEES, AGENTS, OFF ERS AND VOWNTEERS FROM ANY ANO ALL LIABILITY IN ANY AND ALL
MATTERS CONCERNING THIS SP E EV —.T.
NAME OFA?PLICANIC L --- ----.. . — 6- zo-07
SIGNATURE: 1 `a fi.. DATE: ( 0 — f 9 s 0 — 0
ONLY RETURN EVENT INFORMATION PAGES 1, 2 3 3 AND PERMIT WHEN APPLYING FOR PFRMIT
CITY OF SPOIL SPEGSL EVENTS PERMIT PAGE 3 OF 3