2015, 02-10 Regular MeetingAGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
FORMAL FORMAT MEETING
Tuesday, February 10, 2015 6:00 p.m.
Spokane Valley City Hall Council Chambers
11707 E Sprague Avenue
Council Requests Please Silence Your Cell Phones During Council Meeting
CALL TO ORDER:
INVOCATION: Pastor Gary Weber, Valley Fourth Memorial Church
PLEDGE OF ALLEGIANCE:
ROLL CALL:
APPROVAL OF AGENDA:
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
MAYOR'S REPORT:
PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on
this agenda as action items. (Action items include public hearings, and those items under NEW
BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When
you come to the podium, please state your name and city residence for the record and limit remarks to
three minutes.
1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered
separately.
Proposed Motion: I move to approve the Consent Agenda.
a. Approval of claim vouchers on Feb 10, 2015 Request for Council Action Form, Totaling: $2,213,740.66
b. Approval of Payroll for Pay Period Ending January 31, 2015: $427,002.09
c. Approval of January 27, 2015 Council Formal Meeting Minutes
NEW BUSINESS:
2. First Reading Proposed Ordinance 15-002 Adopting Moratorium Findings of Fact — Erik Lamb
[public comment]
3. First Reading Proposed Ordinance 15-003 for Plat Time Extension — John Hohman/Micki Harnois
[public comment]
4. Motion Consideration: Street Sweeping Contract — Eric Guth [public comment]
ADMINISTRATIVE REPORTS:
5. Old Mission Avenue Street Vacation (STV 2014-0001) — Karen Kendall
6. Advance Agenda — Mayor Grafos
INFORMATION ONLY n/a
CITY MANAGER COMMENTS
ADJOURNMENT
Council Agenda 02-10-15 Formal Format Meeting
Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 10, 2015
Department Director Approval:
Check all that apply: J consent ❑ old business ❑ new business ❑ public hearing
AGENDA ITEM TITLE: Approval of the Following Vouchers:
VOUCHER LIST
01/23/2015
01/23/2015
01/23/2015
01/28/2015
01/29/2015
01/29/2015
01/29/2015
01/30/2015
#001 - General Fund
001.01 1.000.51 1
001.013.000.513.
001.013.015.515.
001.016.000.
001.018.013.513.
001.018.014.514.
001.018.016.518.
001.032.000.
001.058.050.558.
001.058.055.558.
001.058.056.558.
001.058.057.558.
001.076.000.576.
001.076.300.576.
00 1.076.301.571.
001.076.302.576.
001.076.304.575.
001.076.305.571.
001.090,000.511.
001.090.000.514.
001.090.000.517.
001.090.000.518.
001.090.000.5 1 9.
001.090.000.540.
001.090.000.550.
001.090.000.560,
001.090.000.594.
001.090.000.595.
VOUCHER NUMBERS
6035-6037
34495-34509
34510-34542; 121 1501 10
34543-34546
34547-34549
34550-34585; 126150027
6038-6046
34586-34598
Explanation of Fund
GRAND TOTAL:
Numbers found on Voucher lists
Other Funds
101 — Street Fund
103 -- Paths & Trails
105 — Hotel/Motel Tax
106 — Solid Waste
120 - CenterPlace Operating Reserve
121— Service Level Stabilization Reserve
122 — Winter Weather Reserve
123 —Civil Facilities Replacement
204 — Debt Service
301 —Capital Projects (1st %n°/a REET)
302 - Special Capital Proj (2"'A% REET)
303 — Street Capital Projects
304 — Mirabeau Point Project
307 — Capital Grants
309 — Parks Capital Grants
310 — Civil Bldg Capital Projects
311 — Pavement Preservation
312 — Capital Reserve
402 — Stormwater Management
403 —Aquifer Protection Arca
501 — Equipment Rental & Replacement
502 — Risk Management
City Council
City Manager
Legal
Public Safety
Deputy City Manager
Finance
Human Resources
Public Works
Comm. Develop.- Administration
Comm. Develop.— Develop.Eng.
Community Develop.- Planning
Community Develop.- Building
Parks & Rec—Administration
Parks & Rec-Maintenance
Parks & Rec-Recreation
Parks & Rec- Aquatics
Parks & Rec- Senior Center
Parks Rc Rec-Centerl'lacc
General Gov't- Council related
General Gov't -Finance related
General Gov't -Employee supply
General Gov't- Centralized Services
General Gov't -Other Services
General Gov't -Transportation
General Gov't -Natural & Economic
General Gov't -Social Services
General Gov't -Capital Outlay
General Gov't -Pavement Preservation
TOTAL AMOUNT
$202.25
$155,890.57
$637,627.99
$2,716.99
$240.04
$1,229,779.49
$2,867.00
$184,416.33
S2,213.740.66
RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as
part of the Consent Agenda, or may be removed and discussed separately.]
STAFF CONTACT: Mark Calhoun, Deputy City Manager ATTACHMENTS: Voucher Lists
vchlist
0112312015 12:03:46PM
Voucher List
Spokane Valley
Page: 1
Bank code : pk-ref
Voucher
Date Vendor
Invoice
6035 1/23/2015 004135 ADMIRE, CHRISTINA
6036 1/2312015 004134 ARMES, ELLEN
6037 1/2312015 004136 WOODS, KATELYN
3 Vouchers for bank code : pk-ref
3 Vouchers in this report
I, the undersigned. do certify under penalty of perjury,
that the materials have been furnished, the services
rendered, or the labor performed as described herein
and that the claim is just, due and an unpaid
obligation against the City of Spokane Valley, and that
am authorized to authenticate and certify said claim.
Finance Director Date
Council member reviewed:
Mayor Date
Council Member Date
PARKS REFUND
PARKS REFUND
PARKS REFUND
Fund/Dept
Description/Account
Amount
001.237.10.99 CANELLED CLASS TUBLING
001.237,10.99 CANCELATION TUMBLING CLASS
Total :
001.237.10.99 CANCELLATION FOR MIRABEAU M
Total :
Total :
Bank total :
Total vouchers :
40.00
40.00
26.25
26.25
136.00
136.00
202.25
202.25
Page: 1
vchlist
01/23/2015 12:12:23PM
Voucher List
Spokane Valley
Page:
Bank code : apbank
Voucher
Date Vendor
Invoice
34495 1/23/2015 000921 ATO Z RENTAL & SALES INC
34496 1/23/2015 002604 DELL FINANCIAL SERVICES LLC
34497 1/23/2015 000278 DRISKELL, CARY
34498 1/23/2015 001701 DUFFEY, DAN
34499 1/23/2015 000011 GREATER SPOKANE VALLEY
34500 1/23/2015 002520 HUSKY INTERNATIONAL TRUCKS
34501 1/23/2015 002810 INLAND NW PARTNERS ASSOC
34502 1/23/2015 002518 INLAND PACIFIC HOSE & FITINGS
34503 1/23/2015 000652 OFFICE DEPOT INC.
34504 1/23/2015 002836 PALADIN DATA SYSTEMS CORP.
34505 1/23/2015 002424 PITNEY BOWES GLOBAL
34506 1123/2015 000001 SPOKANE CO TREASURER
192036-1
77729826
EXPENSE
EXPENSE
24851
114869
JANUARY 2014
520672
748387322001
75011539001
75011539003
2193
1428301-JA15
51502482
Fund/Dept Description/Account
Amount
001.058.057.558 EQUIPMENT RENTAL
001.090.000.548
001.011015.515
001.018.014.514
001.011.000.511
Total :
COMPUTER LEASE 001-8922117-0(
Total :
EXPENSE REIMBURSEMENT
Total :
EXPENSE REIMBURSEMENT
Total :
GEM OF THE VALLEY GALA D. GRF
Total :
101.000.000.542 SUPPLIES: PW
001.018.013.513
Total :
M. JACKSON- CITY MEMBERSHIP
Total :
101.000.000.542 SUPPLIES: PW
001.076.301.571
001.018.016.518
001.018.016.518
001.058.050.558
001.090.000.518
001.016.000.523
SUPPLIES: PARKS AND REC
SUPPLIES: HR
SUPPLIES: HR
Total :
Total :
SMARTGOV SOFTWARE ANNUAL:
Total :
POSTAGE METER RENTAL
Total :
DECEMBER 2014 HOUSING INVOIC
47.83
47.83
1,006.63
1,006.63
437.21
437.21
102.66
102.66
55.00
55.00
113.62
113.62
150.00
150.00
186.70
186.70
37.09
63.37
18.97
119.43
29, 931.63
29,931.63
275.00
275.00
122,049.00
vchlist
0112312015 12:12:23PM
Voucher List
Spokane Valley
Page —2—
Bank
-2 -
Bank code : apbank
Voucher Date Vendor Invoice Fund/Dept Description/Account Amount
34506 1/23/2015 000001 000001 SPOKANE CO TREASURER (Continued) Total : 12Z049.00
34507 1/2312015 000065 STAPLES ADVANTAGE 3253227094 001.058.050.558 SUPPLIES: CD 379.69
3253227099 001.058.050.558 SUPPLIES: CD 16.03
Total : 395/2
34508 1/23/2015 000255 WFOA 1330595-67134104 001.018.014 514 2015 MEMBERSHIP C. TAYLOR 50.00
Total : 50.00
34509 1/23/2015 001885 ZAYO GROUP LLC JANUARY 2015 001.090.000.518 HIGH SPEED INTERNET CITY HALL 560.73
JANUARY 2015 B 101.042.000.542 DARK FIBER LEASE 409.41
Total : 970,14
15 Vouchers for bank code : apbank Bank total : 155,890.57
15 Vouchers in this report Total vouchers : 155,890.57
I, the undersigned, do certify under penalty of perjury,
that the materials have been furnished, the services
rendered, or the labor performed as described herein
and that the claim is just, due and an unpaid
obligation against the City of Spokane Valley, and that
1 am authorized to authenticate and certify said claim.
Finance Director Date
Council member reviewed:
Mayor Date
Council Member Date
Page: rr
vchlist
01123/2015 12:24:37PM
Voucher List
Spokane Valley
Pager
Bank code : apbank
Voucher
Date Vendor
invoice
34510 1/23/2015 000648 ABADAN REPROGRAPHICS
34511 1/23/2015 001122 CAMERON-REILLY LLC
34512 1/23/2015 003306 CENTURY SURVEY INC
34513 1/23/2015 000729 CH2MHILL INC
34514 1/23/2015 000683 DAVID EVANS & ASSOCIATES
34515 1/23/2015 000734 DEPT OF TRANSPORTATION
34516 1123/2015 002385 DKS ASSOCIATES
34517 1/23/2015 000645 ECONORTHWEST
34518 1/23/2015 003682 EPIC LAND SOLUTIONS INC
34519 1/23/2015 003261 FEHR & PEERS
37826
PAY APP 2
2577
2602
2603
4007402
4007527
352200
R E-313-ATB50113071
RE-313-ATB50113073
RE-313-ATB50113112
RE-313-ATB50113193
56616
15282
1214-0464
96801
97917
Fund/Dept
303.000.191.595
303.000.185.595
303.303.166.595
303.000.206.595
311.000.188.595
303.303.155.595
303.303.155.595
101.042.000.542
101.000.000.542
101.042.000.542
303.303.060.595
101.043.000.542
303.303.060.595
001.058.099.558
303.303.166.595
303.303.1 59.595
303.303.159.595
Description/Account
Amount
PRINTING SERVICES
Total :
0185 - APPLEWAY LANDSCAPING
Total :
PROFESSIONAL SURVEY SERVICE
TASK C OF PW CONTRACT 14-007
0188 -ON-CALL SURVEY SERVICES
Total :
0155 - SULLIVAN RD W BRIDGE SL
0155 - SULLIVAN RD W BRIDGE SL
Total :
2014 TRAFFIC SERVICES ON-CALL
Total :
STATE ROUTE ROADWAY MAINT
SIGNAL & ILLUMINATION MAIN
ARGONNE CORRIDOR UPGRADE= 1
2014 BRIDGE INSPECTIONS
Total :
ARGONNE CORRIDOR SIGNAL & 0
Total :
PROFESSIONAL SERVICES
Total :
0166 - PINES RD & GRACE AVE !NT
Total :
0159 - UNIVERSITY ROAD OVERPA
0159 - UNIVERSITY ROAD OVERPA
Total :
112.77
112.77
91,112.93
91,112.93
1,040.00
4,160.00
4,540.00
9,740.00
58,435.00
19,242.56
77,677.56
17,386.50
17,386.50
15,462.78
670.53
35.35
4,074.14
20, 242.80
30,686.13
30,686.13
5,030.00
5,030.00
6,328.04
6,328.04
2,931.99
1,694.65
4,626.64
Page: .�-
vchlist
01/23/2015 12:24:37PM
Voucher List Page: —2
Spokane Valley
Rank code : apbank
Voucher
Date Vendor
Invoice
34520 1/23/2015 000592 GUS JOHNSON FORD
34521 1123/2015 000002 H & H BUSINESS SYSTEMS INC.
34522 1123/2015 002043 HDR ENGINEERING INC
34523 1/23/2015 002518 INLAND PACIFIC HOSE & FITINGS
34524 1/23/2015 001277 L & L CARGILE INC
34525 1123/2015 003190 LUKINS & ANNIS P.S
34526 1/23/2015 003251 MDI MARKETING
446035
285784
285785
285841
285842
285843
285844
285845
285846
285847
285848
285849
285850
285851
285852
285859
285860
285862
00194396-8
518779
PAY APP 2
339866
10157
10158
Fund/Dept Description/Account
101.000.000.542
001.058.057.558
001.058.057.558
001.018.014.514
001.018.014.514
001.013.000.513
001.013.000.513
001.032.000.543
001.032.000.543
001.013.015.515
001.013.015.515
001.058.050.558
001.058.050.558
001.018.016.518
001.018.016.518
001.076.000.576
001.076.000.576
001.058.057.558
303.000.177.595
101.000.000.542
309,223.40.00
001.013.015.515
001.090.000.558
106.000.000.537
Amount
SUPPLIES: PW
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
COPIER COSTS
Total :
Total :
0177 - FURURE TRAFFIC ANALYSIS
Total :
SUPPLIES: PW
RETAINAGE RELEASE
PROFESSIONAL SERVICES
Total :
40.55
40.55
2.13
3.84
107.68
73.58
127.68
15.02
267.36
48.11
104.50
15.47
229.77
20.77
24.24
17.01
295.98
21.24
5.33
1,379.71
3,459.48
3,469.48
32.39
32.39
9,277.07
Total : 9,277.07
Total :
ADVERTISING FOR COSV DECEME
ADVERTISING SOLID WASTE
Total :
140.00
140.00
16,862.92
5,773.57
22,636.49
Page: ��
vctilist
01/2312015 12:24:37PMI
Voucher List
Spokane Valley
Page:——
Bank code: apbank
vIoucher
Date Vendor
Invoice
34527 1/23/2015 002203 NAPA AUTO PARTS
34528 1/23/2015 004096 O'CLAIRE, PATRICK
34529 1/23/2015 000307 OFFICE OF THE STATE TREASURER
34530 1/23/2015 003587 PACE, ED
34531 1/23/2015 004133 ROE BACKFLOW TESTING
34532 112312015 000709 SENSKE LAWN & TREE CARE INC.
34533 1/23/2015 001892 SKILLINGS CONNOLLY INC
DECEMBER 2014
EXPENSE
DECEMBER 2014
EXPENSE
1413
6449910
9236
9270
34534 1/23/2015 000308 SPOKANE CO PROSECUTING ATTY DECEMBER 2014
34535 1/23/2015 000001 SPOKANE CO TREASURER
34536 1/23/2015 000862 SPOKANE ROCK PRODUCTS INC.
34537 1/23/2015 000391 SPOKANE VALLEY FIRE DIST. #1
34538 1/23/2015 004005 STONE CREEK LAND DESIGN & DEV
110100070
9020100275
172318
4TH QTR 2014
PAY APP 2
Fund/Dept
101.000.000.542
001.018.014.514
001.016.000.586
001.011.000.511
101.042.000.543
001.090.000.518
303.303.156.595
303.303.156.595
001.016.000.586
311.000.202.595
001.090.000.514
101.042.000.542
001.229.45.00
309.000.176.595
Description/Account
Amount
SUPPLIES FOR ACCOUNT 1640255
Total :
EXPENSE REIMBURSEMENT
STATE REMITTANCE
Total :
Total :
EXPENSE REIMBURSEMENT
Total :
BACKFLOW TESTING
CITY HALL SNOW REMOVAL
Total:
Total :
RIGHT OF WAY ACQUISITION SERI
RIGHT OF WAY ACQUISITION SERA
Total :
CRIME VICTIMS COMPENSATION
Total :
DECEMBER ENGINEERING AND R(
2014 VOTER REGISTRATION COST
Total :
FINANCE CHARGES
4TH QTR 2014 FIRE FEES
Total :
Total :
0176 APPLEWAY TRAIL 2A CONSTF
Total :
64.37
64.37
351.50
351.50
56,596, 36
56,596.36
10.08
10.08
40.00
40.00
97.83
97.83
603.62
1,517.95
2,121.57
888.21
888.21
37,785.86
84, 763.76
122,549.62
1.83
1.83
20,051.36
20,051.36
124,327.41
124, 327.41
Page;
vchlist
01123/2015 12:24:37PM
Voucher List
Spokane Valley
Page:12
r�
Bank code : aphank
Voucher
Date Vendor
Invoice
34539 1/23/2015 000419 SUMMIT LAW GROUP
34540 1/23/2015 003206 VAN NESS FELDMAN LLP
34541 1/23/2015 000676 WEST -THOMAS REUTERS
34542 1/23/2015 000980 WESTERN SYSTEMS INC
71419
116849
116850
831017880
0000026691
121150110 1/21/2015 002244 AOT PUBLIC SAFETY CORPORATION SPKVLY-61
34 Vouchers for bank code : apbank
34 Vouchers in this report
Fund/Dept
001.018.016.518
001.013.015.515
001.058,056.558
001.013.015.515
001.090.000.518
001.016.000.521
Description/Account
Amount
PROFESSIONAL SERVICES
Total :
SMP UPDATE
ON-CALL PLANNING AND LEGAL S
Total :
WEST INFORMATION CHARGES
Total :
MEDIA CONVERTER
Total :
CRY WOLF CHARGES
1,147.50
1,147.50
83.53
3,186.70
3,270.23
743.69
743.69
659.45
659.45
4,787.92
Total : 4,787.92
Bank total : 637,627.99
Total vouchers : 637,627.99
Page: = Sly
vchlist
01/2812015 1 2: 24:03 P M
Voucher List
Spokane Valley
Page: t --
Bank
Bank code : apbank
Voucher
Date Vendor
Invoice
34543 1128/2015 001606 BANNER BANK
34544 1/28/2015 001606 BANNER BANK
34545 1/2812015 001606 BANNER BANK
34546 1/28/2015 001606 BANNER BANK
4 Vouchers for bank code : apbank
4 Vouchers in this report
8557 Dec 2014
8557 Dec 2014
8557 Dec 2014
8557 Dec 2014
8557 Dec 2014
8557 Dec 2014
8557 Dec 2014
8557 Dec 2014
8557 Dec 2014
8573 Dec 2014
8573 Dec 2014
8573 Dec 2014
8599 Dec 2014
8599 Dec 2014
8599 Dec 2014
8599 Dec 2014
8599 Dec 2014
8581 Dec 2014
8581 Dec 2014
Fund/Dept
001.011.000.511
001.011.000.511
001.011.000.511
001.011.000,511
001.011.000.511
001.011.000.511
001.011.000.511
001.013.000.513
001.013.000.513
001.090.000.519
001.090.000.519
001.018.016.518
001.076.305.575
001.076.305.575
001.076.301.571
001.076.301.571
001.076.301.571
001.058.057.558
001.058.050.558
Description/Account
Amount
ALASKA AIRLINES
ALASKA AIRLINES
AWC
AWC
Spokane Valley Chamber of Commer
SPOKANE VALLEY CHAMBER OF C
SPOKANE VALLEY CHAMBER OF C
ALASKA AIRLINES
ALASKA AIRLINES
TARGET.COM
TARGET
ASCE - BOXWOOD TECH
Total :
Total :
BULB AND BATTERY CENTER
NEW YORK REPLACEMENT PART
YMCA OF THE INLAND NW
YMCA OF THE INLAND NW
BUMPERS BOWLING
ACE HARDWARE
NWRFMA
Total :
Total :
Bank total :
Total vouchers :
217.20
125.00
300.00
150.00
40.00
20.00
20.00
304.20
304.20
1,480.60
76.01
58.33
295.00
429.34
157.94
50.22
147.52
159.52
260.88
776.08
5.97
25.00
30.97
2,716.99
2,716.99
vrhlist
01129/2015 11:15:3.2AM
Voucher List Page: Ci
—�
Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice Fundlbept Description/Account Amount
34547 112912015 001606 BANNER BANK 8565 Jan 2015 001.090.000.518 HARBOR FREIGHT TOOLS 76.05
8565 Jan 2015 001.090.000.518 MAIL BOX CENTER 18.73
8565 Jan 2015 001.090.000.518 MAIL BOX CENTER 17.33
Total : 112.11
34548 1/29/2015 001606 BANNER BANK 8599 Jan 2015 001.076.305.575 MICHAELS 21.74
8599 Jan 2015 001.076.305.575 MICHAELS 39.62
Total : 61.36
34549 1/2912015 001606 BANNER BANK 8581 Jan 2015 001.058.055.558 RED VECTOR 35.05
8581 Jan 2015 001.058.057.558 LOWE'S STORE 31.52
Total : 66.57
3 Vouchers for bank code : apbank Bank total : 240.04
3 Vouchers in this report Total vouchers : 240.04
Page: ��-
vchlist
0112912015 3:43:38PM
Voucher List
Spokane Valley
/C0
Page: -r--
Bank code : apbank
Voucher
Date Vendor
Invoice
34550
1/29/2015 000505 ASCE
34551 1129/2015 002517 BROWN BEARING CO INC
34552
1!2912015 000101 CDW-G
34553 1/2912015 000322 CENTURYLINK
1042877121
6299571
6302025
RV06238
JANUARY 2015
34554 1/2912015 004132 COBBLESTONE CATERING & EVENTS 1
34555 1/29/2015 003319 CO -ENERGY, CONNEL OIL
34556 1/29/2015 001880 CROWN WEST REALTY LLC
34557 1129/2015 003255 DAY WIRELESS SYSTEMS
34558 1/2912015 001194 DEPT OF ECOLOGY
34559 1/2912015 000686 DEPT OF LICENSING
34560 1/2912015 000912 DEX MEDIA WEST
34561 1/29/2015 003615 DLT SOLUTIONS
0106969 -IN
0107150 -IN
FEBRUARY 2015
566817
2015-WAR046507
23201 0046907
JANUARY 2015
51278025
Fund/Dept Description/Account
Amount
001.032.000.543
101.000.000.542
101.000.000.542
2015 MEMBERSHIP 402127 E. AMS
Total :
SUPPLIES: PW
SUPPLIES: PW
001.090.000.518 PRINTER VEHICLE KIT
001.076.000.576
001.076.305.575
Total :
Total :
2015 PHONE SVCS: ACCT 509 Z14 -
Total :
SERVICES RENDERED CENTERPL
Total :
101.000.000.542 SUPPLIES: PW
101.000.000.542 SUPPLIES: PW
101.042.000.543
101.042.000.543
402.402.000.531
001.032.000.543
001.076.305.575
Total
CAM CHARGES FOR MAINT SHOP
Total :
TOWER RENTAL FEBRUARY 2015
Total :
MUNICIPAL STORMWATER GENER
Total:
PROFESSIONAL ENGINEER LICEN
Total :
ADVERTISING FOR CENTERPLACE
Total :
001.032.000.543 AUTODESK RENEWALS
250.00
250.00
106.82
70.63
177.45
504.03
504.03
474.12
474.12
511.00
511.00
788.66
293.49
1,082.15
182.71
182.71
204.02
204.02
14,091.00
14,091.00
116.00
116.00
225.25
225.25
10,743.32
Page: "'1�
vchlist
01/29/2015 3:43:38PM
Voucher List
Spokane Valley
Page: '�
Bank code : apbank
Voucher
Date Vendor
Invoice
34561 1/29/2015 003615 003615 DLT SOLUTIONS
34562 1/29/2015 002075 ENVIROTECH SERVICES INC
34563 1/29/2015 002507 FASTENERS INC
34564 1/29/2015 003500 FIRST CHOICE SERVICES
34565 1/29/2015 001447 FREE PRESS PUBLISHING INC
34566 1/29f2015 002975 FREEDOM SALES AND SUPPLY LLC
34567 1/29/2015 002568 GRANICUS INC
34568 1/29/2015 002520 HUSKY INTERNATIONAL TRUCKS
(Continued)
CD201506671
CD201506672
C D201506673
CD201506674
CD201506675
S4162549,001
106375
43179
2015065
61387
115236
115354
115440
115523
115548
115583
115709
C [v1115440
CM115583
CMI5236A
34569 1/29/2015 002183 HYDROCAD SOFTWARE SOL. LLC 34411
Fund/Dept
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
001.076.305.575
001.013.000.513
001.090.000.519
001.011.000.511
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
402.402.000.531
Description/Account
Amount
ICE SLICER RS
ICE SLICER RS
ICE SLICER RS
ICE SLICER RS
ICE SLICER RS
SUPPLIES: PW
Total : 10,743.32
Total :
Total :
COFFEE SERVICES C'ENTERPLACI
Total :
LEGAL PUBLICATION
SUPPLIES POSTAGE METER
Total :
Total :
SOFTWARE MAINT BROADCASTIN
Total :
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
Total :
5,352.26
5,442.00
5,619.69
5,589.18
5,940.97
27,944.10
144.95
144.95
35.00
35.00
142.60
142.60
86.92
86.92
719.59
719.59
780.38
83.16
72.72
157.35
60.74
407.41
60.46
-72.72
- 246.68
- 105.50
1,197.32
HYDROCAD SOFTWARE SUPPORT 300.00
Page: �_
vchlist
01129/2015 3:43:38PM
Voucher List
Spokane Valley
l
Page:
Bank code : apbank
Voucher Date Vendor Invoice Fun d/Dept Description/Account Amount
34569 1/29/2015 002183 002183 HYDROCAD SOFTWARE SOL. LLC (Continued) Total : 300,00
34570 1/29/2015 002901 IMSA NW CHAPTER 0001390 101,042.000.542 CERTIFICATION RENEWAL R. KIPF 40.00
Total : 40.00
34571 1/2912015 001016 ITE 41206 101.042.000.542 2015 ANNUAL MEMEBERSHIP S. M 586.56
Total : 586.56
34572 1/29/2015 001987 JENKINS, ART EXPENSE 402.000.193.531 EXPENSE REIMBURSEMENT 53.27
Total : 53.27
34573 112912015 001684 MARKETING SOLUTIONS NW CP M-1-19-2015 001.076.305.575 GROSS MEIDA AND MATERIAL PUF 3,492.75
Total : 3,492.75
34574 1/29/2015 000652 OFFICE DEPOT INC. 749263668001 001.032.000.543 SUPPLIES: PW 52.64
7496695095001 001.032.000.543 SUPPLIES: PW 5.28
Total : 57.92
34575 1129/2015 001089 POE ASPHALT PAVING INC. 44397
34576 1/2912015 000709 SENSKE LAWN & TREE CARE INC. 6453581
34577 1/2912015 002531 SIX ROBBLEES INC 5-724794
5-724794-1
5-724813
5-724815
5-725234
5-725262
34578 1/29/2015 004142 SMITH MANUFACTURING 64553
34579 1/29/2015 000001 SPOKANE CO TREASURER 42000095
101.000.000.542 SNOW REMOVAL SERVICES
Total :
001.090.000.518 SIDEWALK SNOW REMOVAL CITY
Total :
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
101.000.000.542
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
SUPPLIES: PW
101,042.000.594 SUPPLIES: PW
Total :
Total :
001.016.000.554 JANUARY 2015 ANIMAL CONTROL
Total:
4,892.48
4,892.48
152.18
152.18
152.98
97.78
97.83
1,07122
63.22
201.53
1,684.56
6,018_62
6,018.62
20,496.17
20,496.17
Page: ..2�
vchlist
01129/2015 3:43:38PM
Voucher List
Spokane Valley
Page:
Bank code :
Voucher
34580
34581
34582
34583
34584
34585
apbank
Date Vendor
Invoice
1/29/2015 000001 SPOKANE CO TREASURER
1/2912015 000311 SPRINT
1129/2015 001969 SUNSHINE DISPOSAL
1/29/2015 000335 TIRE-RAMA
1/2912015 001464 TW TELECOM
1/2912015 002556 WEATHERNET LLC
126150027 1/2612015 002134 FIRST AMERICAN TITLE
37 Vouchers for tank code : apbank
45105.9010 U006
959698810-086
822022
8040051423
8040051425
06 768411
2014-12579
4251-2322905
Fund/Dept
Description/Account
Amount
001.076.000.576 UID BOND FOR UTILITY IMPROVER
001.058.057.558 GPS PHONE JANUARY 2015
101.042.000.542 TRANSFER STATION PUBLIC WOR
Total:
1,857.81
Total : 1,857.81
101.042.000.542 47362D: TIRE PURCHASE
101.000.000.542 47361D: TIRE REPAIR
Total :
Total :
001 076.305 575 PHONE/ INTERNET CITY HALL & CI
Total :
101.000.000.542 MONTHLY WEATHER SERVICES
Total :
310.000.215.594 LAND PURCHASE FUTURE CITY H,
Total :
70.36
70.36
71.65
71.65
296.03
1,182.66
1,478.69
1,246.95
1,246.95
330.00
330,00
1,128,117.99
1,128,117.99
Bank total : 1,229,779,49
37 Vouchers in this report Total vouchers : 1,229,779.49
Page: r4�
vchlist
01/2912015 4:1;2:55PM
Voucher List
Spokane Valley
/L/
Page:
Bank code : pk-ref
Voucher Date Vendor Invoice Fund/Dept Description/Account Amount
6038 1/29/2015 004149 EVANS, CODY PARKS REFUND 001.237.10.99 DAMAGE DEPOSIT ROOM 213 52.00
Total : 52.00
6039 1/29/2015 004146 EVERLE, HIRMONI PARKS REFUND 001.237.10.99 CANCELLATION TUMBLE BUGS CL 10.00
Total : 10.00
6040 1/29/2015 004143 HUNT, SANDI PARKS REFUND 001.237.10.99 CANCELLATION FIRESIDE LOUNGI 1,860.00
Total : 1,860.00
6041 1/29/2015 004145 HUTTON, JAN PARKS REFUND 001.237.10.99 DAMAGE DEPOSIT ROOM 109 52.00
Total : 52.00
6042 1/29/2015 000812 MIRABEAU CHAPEL PARKS REFUND 001.237.10.99 DAMAGE DEPOSIT GREAT ROOM 79.00
Total : 79.00
6043 1/29/2015 004148 PORTER, MITCHEL PARKS REFUND 001.237.10.99 CANCELLATION FIRSIDE LOUNGE 500.00
Total : 500.00
6044 1/29/2015 004150 SRRTTF PARKS REFUND 001.237.10.99 DAMAGE DEPOSIT ROOM 109 52.00
Total : 52.00
6045 1/29/2015 004147 STUBBORN GIRL PRODUCTIONS PARKS REFUND 001.237.10.99 DAMAGE DEPOSIT GREAT ROOM 210.00
Total : 210.00
6046 1/29/2015 004144 ZWAGIL, JOSH PARKS REFUND 001.237,10.99 DAMAGE DEPOSIT AUDITORIUM 52.00
Total : 52.00
9 Vouchers for hank code : pk-ref Bank total : 2,867.00
9 Vouchers in this report
Total vouchers : 2,867.00
Page: ��
vehlist
0113012015 10:04:32AM
Voucher List
Spokane VaIIey
Page:
Hank code : apbank
Voucher
Date Vendor
Invoice
34586 113012015 000746 EMPLOYMENT SECURITY DEPT
34587 113012015 002308 FINKE, MELISSA
34588 1/30/2015 001732 GREATER SPOKANE SUBSTANCE
34589 1/3012015 002607 HUB SPORTS CENTER
34590 1/30/2015 000313 INLAND ASPHALT COMPANY INC.
34591 1/3012015 004088 KEY CODE MEDIA INC
34592 1/30/2015 001684 MARKETING SOLUTIONS NW
34593 1/30/2015 000709 SENSKE LAWN & TREE CARE INC. 6449911
34594 1/3012015 004151 SPOKANE AREA WORKFORCE, DEVELC 2014
34595 1/3012015 000451 SPOKANE REG SPORTS COMMISSION December 2014
000-217156-00-2
2014
2014
2014
PAY APP 1
-10056947-IN
CP M-12-18--2014
34596 1/30/2015 000854 SPVV LANDSCAPE ARCHITECTS
34597 1/30/2015 003175 VISIT SPOKANE
34598 1/30/2015 003128 YWCA OF SPOKANE
1528.03
6108
December 2014
Fund/Dept
502.502.000.517
001.076.301.571
001.090.000.560
105.000.000.557
309.000.208.595
Description/Account
Amount
4TH QTR 2014 UI TAX
INSTRUCTOR PMT
Total :
Total :
2014 SOC SER GRANT REIMBURSI
Total :
2014 LODGING TAX GRANT REIMB
Total :
2014 OLD MISSION T,RAILHEAD IMI
Total :
001.090.000.594 TRICASTER 860
001.076.305.575
001.016.000.521
001.090.000.550
105.000.000.557
403.000.197.595
105.000.000.557
001.090.000.560
Total :
MEDIAAND PURCHASES EXPENSE
Total :
MONTHLY SERVICES AT PRECINC"
Total :
2014 ECO DEV GRANT REIMBURSI
Total :
4TH QTR 2014 LODGING TAX GRA?
Total :
PROFESSIONAL SERVICES
Total :
2014 LODGING TAX GRANT REIMB
Total :
2014 SOC SER GRANT REIMBURSI
708.97
708.97
271.44
271.44
5,286.00
5,286.00
112.58
112.58
49,563.00
49,563.00
25,936.98
25,936.98
4,824.32
4,824.32
760.92
760.92
4,186.00
4,186.00
46,100.00
46,100.00
375.00
375.00
46,119.56
46,119.56
171.56
Page:
vchlist
01/30/2015 10 :04: 32AM
Voucher List
Spokane Valley
Page: F
Bank code : apbank
Voucher Date Vendor Invoice Fund/Dept Description/Account Amount
34598 1/30/2015 003128 003128 YWCA OF SPOKANE (Continued) Total : 171.56
13 Vouchers for bank code : apbank Bank total : 184,416.33
13 Vouchers in this report Total vouchers : 184,416.33
1, the undersigned, do certify under penalty of perjury,
that the materials have been furnished, the services
rendered, or the labor performed as described herein
and that the claim is just, due and an unpaid
obligation against the City of Spokane Valley, and that
I am authorized to authenticate and certify said claim.
Finance Director Date
Council member reviewed:
Mayor Date
Council Member Date
Page: y2�
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 02-10-2015 Department Director Approval :
Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Payroll for Period Ending January 31, 2015
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
Budget/Financial impacts:
Employees Council Total
Gross: $ 262,257.87 $ 5,475.00 $267,732.87
Benefits: $ 148,005.50 $ 11,263.72 $159,269.22
Total payroll $ 410,263.37 $ 16,738.72 $427,002.09
RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of
the Consent Agenda, or may be removed and discussed separately.]
STAFF CONTACT: Raba Nimri
DRAFT
MINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday, January 27, 2015
Mayor Grafos called the meeting to order at 6:00 p.m.
Attendance:
City Staff
Dean Grafos, Mayor
Arne Woodard, Deputy Mayor
Chuck Hafner, Councilmember
Rod Higgins, Councilmember
Ed Pace, Councilmember
Ben Wick, Councilmember
ABSENT:
Bill Bates, Councilmember
Mike Jackson, City Manager
Mark Calhoun, Deputy City Manager
John Hohman, Community Development Dir.
Mike Stone, Parks & Rec Director
Eric Guth, Public Works Director
Cary Driskell, City Attorney
Erik Lamb, Deputy City Attorney
Rick VanLeuven, Police Chief
Morgan Koudelka, Sr Administrative Analyst
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
INVOCATION: Pastor Steve Williams of New Assembly of God Church gave the invocation.
PLEDGE OF ALLEGIANCE: Council, Staff, and audience stood for the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except
Councilmember Bates. It was moved by Councilmember Pace, seconded and unanimously agreed to
excuse Councilmember Bates from tonight's meeting.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously
agreed to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Hafner: reported that Councilmember Bates, who is being treated for lung cancer, is
doing much better and has been transferred from Deaconess Hospital to Sunshine Health Facility.
Councilmember Hafner reported that he went to the Visit Spokane meeting where they discussed the
programming for the coming year, including their budget and marketing plans, and said he is hopeful they
will be reaching out soon to the municipalities; said the Sports Commission gave an overview of the
sports-plex project, which is a huge project and includes the potential for an indoor track, said they are not
certain where such a facility would be located, and the issue might be included on the August 2015 ballot;
met with the Health Board last week and he gave some statistics concerning the flu in our County: ten
confirmed deaths, and 249 hospitalizations this year compared to 163 last year. Said he also met with the
STA Board where Cheney Mayor Tom Trulove was selected as 2015 Chair; attended the SCOPE Board
meeting and he gave some statistics on the crime stoppers; said he visited the Pines Road CHAS Facility
where they handled about 51,000 patients last year, and said they are considering two additional locations
in Spokane Valley.
Councilmember Pace: said he also toured the CHAS facility and talked to one of the managers who
confirmed that the two additional locations will have bus service close by.
Councilmember Higgins: no report.
Minutes Regular Council Meeting 01-27--2015 Page 1 of 7
Approved by Council:
DRAFT
Councilmember Wick: said he was selected as the SRTC Vice -Chair, and explained that SRTC, Spokane
Regional Transportation Council, is the state designated regional transportation planning organization for
Spokane County where federal funds for transportation projects are routed and awarded to local agencies;
said that along with others, he went to Olympia for discussions about transportation projects, said that this
year there were more positive discussions concerning transportation revenue packages, said he met with
Senator King who feels there is an 80% chance the package will pass, and said of all the projects
mentioned, our Barker Bridge Separation was not included, said he is unsure why that occurred and he
will get more information for the next Association of Washington Cities committee meeting; mentioned
he is the chair of the Lodging Tax Advisory Committee (LTAC) and the committee plans to meet this
Thursday to discuss the committee's general direction and to set a meeting date to involve the grant
applicants; said he is also involved with the Tourism Promotion Area (TPA) where eleven applications
for grants were received.
Deputy Mayor Woodard: said he also toured the CHAS (Community Health Association of Spokane), an
organization to help provide health services to moderately low and low-income people; said he gave a
report to the Sunshine Rotary Club about some of our City's accomplishments for 2014.
MAYOR'S REPORT: Proclamation: "The Big Read"
After Mayor Grafos read "The Big Read" Proclamation, it was accepted with thanks by Library Services
Manager Gwendolyn Haley, who invited everyone to the kick-off event February 8, for an evening with
Jack London at the Valley Library, 6 p.m., said they will be giving away free copies of the book, and that
many copies have been distributed to local schools. Mayor Grafos had no other report.
PUBLIC COMMENTS: Mayor Grafos invited public comment.
Cindy Ballet, Spokane Valley: regarding trucks parking in residential neighborhoods, said she has 58
individual citizen action requests that she will bring to the City tomorrow; said a lot of people support not
having trucks in neighborhoods, but didn't feel comfortable signing the form in fear of retaliation; and she
read her prepared letter explaining what is occurring with trucks parking in their community; and said that
Council won't protect the residential look of the neighborhoods.
Marilyn Cline, Spokane Valley: regarding trucks parking in residential neighborhoods, said Council voted
down their own codes, ordinances and RCWs and said that public safety was thrown under the bus, or
semi; said the City is complaint driven and she has 50 complaints to be turned in tomorrow; said most R-3
neighborhood residents are not aware that trucks are allowed to park in their neighborhoods; she said no
one wants a semi in front of their home and she asked where did public safety go?
Ray Ward, Spokane Valley: said he was at the Council meeting in October where the truckers were in
attendance in force; someone at that meeting said if you don't like it, then move to Spokane where they
aren't permitted; said he has lived here for over 60 years and isn't moving; said Council and truckers want
to reduce the health and safety of the neighborhoods, devalue property, and that he is tired of the noise
pollution and of the lack of concern for the safety of children. There were no further public comments.
1. PUBLIC HEARING: Marijuana Moratorium — Erik Lamb
Mayor Grafos opened the public hearing at 6:31 p.m. Deputy City Attorney Lamb explained the purpose
of tonight's public hearing on the marijuana moratorium, which he said was imposed for unlicensed
marijuana uses; said the hearing meets the state requirements, and that the moratorium is temporary for
one year, and does not impact existing medical or recreational marijuana uses or recreational licensed
businesses. Mr. Lamb explained that there are no controls or regulations over medical marijuana and the
City has recognized some apparent gaps in the laws, such as vaping lounges and under -age marijuana
consumption, adding that marijuana remains illegal under federal law. Mr. Lamb further explained that
the purpose of the moratorium is to allow time to study the regulations over the unlicensed uses, and to
address some changes anticipated to occur at the state level. Mr. Lamb noted that he received three
written comments, two of which are included in tonight's Council packet materials, that the City Clerk has
one, and that he also received an anonymous telephone call about the City posturing about how dangerous
Minutes Regular Council Meeting 01-27--2015 Page 2 of 7
Approved by Council:
DRAFT
marijuana is and that that person would prefer more of a "crackdown" on bars and drinking Again, Mr.
Lamb emphasized that the moratorium is about unlicensed marijuana uses and that it does not impact
personal, recreational, or medical use; and after tonight, staff will bring findings of fact to a subsequent
Council meeting for Council to consider adopting to begin the process for Council to consider permanent
regulations, adding that the matter will also be discussed at Planning Commission meetings where that
body will also conduct a hearing and make recommendations to Council. Mayor Grafos invited the public
to comment.
1. Shelley Clark: said that unlicensed medical marijuana can sell near schools; that there are numerous
on-line sites where one can purchase marijuana and said she is concerned with the lack of regulations;
said kids are putting vapors in e -cigarettes and smoking in the school bathrooms; said we need reasonable
regulations and restrictions, said many people feel their property is being de -valued by having the medical
marijuana businesses next to them; said some people even call wanting to know how to dose their animals
with marijuana; and said it is common sense to have restrictions and regulations.
2. John Ahern, South Hill: said he would like to see an ordinance to outlaw the production and sale as
well as outlaw chat rooms; said marijuana is like alcohol and if "there's one rattlesnake in the bed, why
put in a second rattlesnake." Said if we want a business friendly city, he suggests we come up with an
ordinance to prohibit the manufacture and sale of marijuana.
3. Dan Clark, Spokane County: said he echoed what Mr. Ahern just said; said the Council represents the
morality of the community and that we need to slow these inebriants down so young people won't start
these behaviors; he suggested the need to get a handle on this and find a way to stop it or slow it down.
4. Gloria Clark: concerning marijuana for property managers, said she is with the Inland NW Landlord
Association, and property owners/managers have a right to micro -manage their property even though
some tenants may say they are on medical marijuana; that managers or property owners have the right to
say they do not want any type of smoking, no e -cigarettes or not even any marijuana edibles; said the use
of marijuana is still a federal offense.
5. George McGraft, Spokane: said disasters have been happening with Spokane City since they passed
their recreational marijuana act; said he doesn't think this Council wants to follow in that vein; said
medical marijuana is okay but there need to be controls, much like the pharmaceutical organizations; said
not to regulate it would be like having taverns for professional drinkers; said marijuana is still illegal
federally; said people use it in food, feed it to their pets, and this type of activity warrants strong control;
and stressed the idea of treating it like any other medication.
6. Lacey Lindsey, Spokane: said she works with homeless women and children in Spokane Valley and
has concerns about marijuana issues; said marijuana is a gateway drug to other substances and she favors
ordinances to regulate those uses and help prevent exposure to youth; and she mentioned regulations
should include billboard advertising.
7. Paul Lugo, Spokane- said he has a medical cannabis facility and has been involved with several
organizations through the state; said there is a lot of misinformation circulating; that state law already has
guidelines to not allow any type of facility within 1,000 feet of the perimeters of schools and daycares;
said the last time he was here there was a lot of information about usage in schools and of the perception
of harm; said the Tactical Advisory Committee of Spokane put together some information about medical
and recreational marijuana and he feels they are a leader in what they did; said it is a large document and
the last few pages contains data on youth usage and perception of harm; and said he will leave this
material for Council.
8. Tara Harrison: said the last meeting she came to was appalling with statements made about buying
marijuana in a Rite-Aid store; said you can't do that; said the valley appears to be looking at this in a very
closed minded old school way; she thinks Council needs to embrace the national movement as marijuana
has a 90% approval rate among all Americans.
9. Linda Thompson, Spokane Valley: said she lives in Spokane Valley but spends most of her time with
the Greater Spokane Abuse Council; said she is here to thank Council and staff and appreciates the
information received from Mr. Lamb as he did an excellent job bringing information about the initiatives;
Minutes Regular Council Meeting 01-27--2015 Page 3 of 7
Approved by Council:
DRAFT
said there is a lot of misconception about the rules and regulations and this initiative; said two years after
an initiative, the Legislature can make changes and they are looking at hundreds of possible changes,
from how taxes will be distributed, to edibles, to how to reconcile medical and recreational marijuana;
said stepping back is good as there are ways now to get around some of these regulations; said she saw a
billboard about a store, there was a small sign on the premise but there was a billboard next to the facility
pointing to it; said she doesn't want to break what the initiative did, but she does want to protect the
youth.
10. Sean Green: said he is a business owner in the valley and that he's right in the middle of this topic; he
has operations in Spokane and Shoreline, and mentioned the idea about not paying taxes for medical
marijuana; said he paid $194,000 in taxes; that he employees fourteen other people; he acquired some
property on Euclid that was the topic of discussion with this Council in March; said he exercised his
personal decision and signed a five-year lease on that property for medical and recreational marijuana, but
there was a delay in the business license and his is one of those pending licenses; said he got a letter last
week that the processing of the license has been stalled and could not move forward due to this
moratorium; said the moratorium doesn't get him out of his lease and he is in an interesting bind now
because of Council's decision; and said he goes with the will of the voters.
11. Shane Criddle: said he is a business owner; that often times people use emotional arguments to pass
laws that are not in the best interest of the community; and he asked if we were willing to sell our — the
Valley's - soul for the sake of tax revenue or of an addictive substance, by making it readily accessible;
said he loves this community, has friends who enjoy marijuana but he disagrees with them on that; but
said we have to live together and he doesn't want his property values decreased because some other
business has the right to de -value his property.
12. Shirley DeMars: said she represents one of the 10% who feel this is not good for our community; said
she is part of a Coalition for Community Values which has hundreds of members; said she has seven kids
so she has a "pulse" on what's going on in the minds of kids; said Washington state made it difficult for
kids to get a driver's license and she applauds the State for those rules; said marijuana increases difficulty
in memory, causes paranoia, anxiety, depression; said 66% of high school kids say marijuana is easy to
get and there is no risk in its use.
13. Dave Ross, Spokane Valley: said he was formally a police officer in Edmonds, Washington;
mentioned a recent news article about Colorado's Governor who feels the legalization of marijuana was a
bad idea; said he has twenty-three grandkids and this is a bad thing for kids to have access to.
14. Sandy Ross: said she appreciates the moratorium; said the Spokesman Review stated that unregulated
pot creates headaches in law enforcement and she read an internet snippet about unregulated medical
marijuana; regarding providing jobs, said she would hope those medical/recreational jobs aren't more
rehab facilities and outreach drug programs.
15. Tara Criddle: thanked Council for the moratorium and said she feels it is much needed as it causes
everyone to pause and reevaluate the situation; said time is needed to look at every angle of the
complicated issue; said she won't let someone tell her to "get used to it" as there are mothers like her who
understand the consequences for society; said she speaks from experience as she smoked it for many
years; it causes paranoia, memory loss, hallucinations; said she doesn't want that for the children; and for
tax revenues, said we don't need that revenue.
16. Linda Krone, lives toward Elk: said she and her sons opened a small medical dispensary in early
October; said studies show there are many illnesses that can be helped by marijuana; said she can't smoke
but can take a candy and thereby get a better night's sleep; she mentioned an article on CNN and
information shown on YouTube about the benefits of medical marijuana in helping for example, children
experiencing uncontrolled seizures; and she urged people to keep an open mind.
17. Rick Shrack, Otis Orchards: said all their employees have to have identification presented before
filling any prescriptions, and that the employees want to make sure everyone is of age; said kids aren't
getting marijuana from the medical places; that there is a need to make sure medical and recreational
marijuana are separate; that we need more regulations and they should not all be lumped together.
Minutes Regular Council Meeting 01-27--2015 Page 4 of 7
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18. John McGrath, Spokane Valley: said any parent who wants their child to get into the field of aviation,
that the child would not be able to with a history of marijuana use [inferred comments].
City Clerk Bainbridge stated that she received an e-mail from Spokane County Planning Commissioner
Alene Lindstrand, which stated that there is a big difference between medical and recreational marijuana;
that she wants to protect the children, workforce and educational environment and asked the Valley not
become a haven from personal pot growing and production business, and not to add to the County's
mistake of allowing unlimited pot businesses. There were no further public comments and Mayor Grafos
closed the public hearing at 7:26 p.m.
Mayor Grafos called for a recess at 7:26 p.m., and reconvened the meeting at 7:37 p.m.
2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered
separately.
Proposed Motion: I move to approve the Consent Agenda.
a. Approval of claim vouchers on Jan 27, 2015 Request for Council Action Form, Totaling' $1,761,772.89
b. Approval of Payroll for Pay Period Ending January 15, 2015: $355,095.99
c. Motion to Authorize City Manager to finalize and execute YMCA Contract
d. Approval of January 6, 2015 Council Study Session Meeting Minutes
e. Approval of January 13, 2015 Council Formal Meeting Minutes
f. Approval of January 20, 2015 Council Study Session Meeting Minutes
Councilmember Pace asked that the YMCA Contract be removed from the Consent Agenda and be
considered separately. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to
approve the Consent Agenda minus the YMCA contract. It was then moved by Councilmember Pace and
seconded, to authorize the City Manager to finalize and execute the YMCA Contract. Councilmember
Pace explained that he is in favor of the contract, realizes Council heard a report on this issue, but as a
matter of principle feels every contract should be considered separately and not put on the Consent
Agenda, said at some point he wants to talk about contracts as he feels we should always have a request
for proposal even if there is only one vendor in town. Vote by Acclamation: In Favor: Unanimous.
Opposed: None. Motion carried.
NEW BUSINESS:
3. Second Reading Proposed Ordinance 15-001 Amending Dangerous Dog Regulations- Cary Driskell
After City Clerk Bainbridge read the Ordinance title, it was moved by Deputy Mayor Woodard and
seconded to approve Ordinance 15-001 amending Spokane Valley Municipal Code Animal Regulations.
City Attorney Driskell gave a brief overview of the proposed amendments. Mayor Grafos invited public
comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Motion carried.
4. Motion Consideration: Updated Commute Trip Reduction Plan — Morgan Koudelka
It was moved by Deputy Mayor Woodard and seconded to adopt the Commute Trip Reduction Plan
Updates: 2015-19, Updating the Plan Originally Adopted by Ordinance 10-013. Via his PowerPoint
presentation, Senior Administrative Analyst Koudelka explained the history of the Commute Trip
Reduction legislation and of our City's involvement with that Plan; he went over the new goals and targets
of the plan, our City's associated cost of approximately $2,000 a year, offset by state funding, which
amounted to $61,772 for the current two-year period; the benefits to our city, economic development
associated with the Plan, and the state requirements and penalties. Mr. Koudelka also briefly went over
the Plan Update which includes text from our Comprehensive Plan Community Goals. Deputy City
Attorney Lamb added that under the state law, we are required to adopt a plan and an ordinance; that the
plan must be consistent with the goals of the Department of Transportation as well as with the state CTR,
Minutes Regular Council Meeting 01-27--2015 Page 5 of 7
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and said this plan would meet those requirements. Councilmember Pace said he will not support the
motion to adopt the plan and said this is just another sign of government getting big and complex and he
wants to push back and say no. Deputy Mayor Woodard, Councilmembers Wick, Higgins and Hafner
voiced support of this plan, and Mayor Grafos said he also favors adopting the plan, that for a minimal
cost we have such things as bus stops, pads and bus shelters, and mentioned the road grants that we would
not be eligible for without this plan; he said no one says they want to drive more miles and a vote against
this could be thought of as voting for more traffic and more air pollution and send a message that we want
to increase gasoline consumption. Councilmember Pace said it appears the state is telling
Councilmembers how to vote, and said he didn't think anyone could tell Council how to vote. City
Attorney Driskell said in this instance they can. Councilmember Pace replied that he's "not buying it."
There were no public comments. Vote by Acclamation: In Favor: Mayor Grafos, Deputy Mayor
Woodard, and Councilmembers Wick, Higgins and Hafner. Opposed: Councilmember Pace. Motion
carried.
PUBLIC COMMENTS: There were no additional public comments.
ADMINISTRATIVE REPORTS:
5. Advance Agenda — Mayor Grafos
Councilmember Pace said he would like to see the topics of e -cigarettes, marijuana and minors in
possession, and railroad quiet zones for future agendas. Mr. Driskell said he is drafting a memorandum
for the e -cigarettes and that should be included in a council packet within a week or two. Councilmember
Pace suggested Council have an ad-hoc committee formed of some council and staff to look at bridging
the valley and quiet zones and other issues concerning rails. Mr. Jackson said this issue will be addressed
at an upcoming finance committee and is slated to be discussed at the February workshop. Concerning
past studies, Mr. Jackson said the intent would be to base discussions on the previous study; he said
probably everyone would like to have quiet zones, but it comes down to a financial issue; that it can start
with the finance committee, then be discussed at the workshop, and see how the cost fits in with other
priorities. Mayor Grafos agreed that is a good start.
6. Department Monthly Reports These were for information only and were not discussed or reported.
CITY MANAGER COMMENTS
City Manager Jackson mentioned the draft letter to the members of the Northeastern Washington
Legislative Delegation from the Association of Northeast Washington Mayor's, a copy of which was
placed at the Council dais, concerning retaining state shared revenues and in particular, alcohol revenue
and the importance of those related to public safety; said the plan is to get the letters to the legislators as
soon as possible, and said it is our practice to bring letters to Council to get consensus for the mayor to
sign and send the letter. Councilmember Pace said he likes everything in the letter except the part about
raising the gas tax. Mayor Grafos said although one could read it as asking for an increase in the gas tax,
it doesn't explicitly state that, and said he has no problem in signing the letter, and Councilmembers
agreed with the Mayor signing the letter.
Mr. Jackson said he asked our legislative lobbyists to forward a legislative report to council, and included
in that information are about eighteen potential bills regarding marijuana, which he said will be watched
carefully, and which will be discussed at the February workshop. Concerning our proposal involving lien
authority legislation, Mr. Jackson said that Senator Padden has agreed to sponsor the legislation with a
$5,000 cap, although we realize it will still be strongly opposed by the community banks. Mr. Jackson
asked Council if they have any other legislative issues they wish discussed, and Councilmember Wick
mentioned the Barker overpass project, which we have in our legislative agenda as a long-range project;
he said Lobbyist Briahna Taylor mentioned that most of the projects are state projects like the widening
of State Highway 904, or a potential new interchange in the North/South Freeway, and Mr. Jackson said
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that neither us nor our local delegates support the local gas tax increase, which might relate to us not
hearing about the Barker overpass project at this time. Mr. Jackson said we mentioned to our delegates
that we are putting together an economic impact study of the economics of the Appleway Trail, which is
almost completed and which staff and council can take to Olympia; he said he is hopeful that the study
will show that we can validate the potential for economic development related to the Appleway Trail.
Councilmember Wick said it appears we are getting a lot of support, but for the transportation budget,
there is no money for any projects in the regular budget so we won't get a state grant or funds for any
project without some change; said he would hate to have an outcome like the previously passed 'nickel
tax' that passed without our support, and where none of our projects were included in that funding source;
he said we are still paying that tax anyway but with no benefit regarding our local projects, and said he
would like to educate others about our projects and that investments in our projects would be good for the
region and the state. Mayor Grafos agreed and said perhaps we would push toward that in a different
manner and that should be discussed further. Councilmember Pace also agreed with Councilmember
Wick's comments and said the idea of an ad hoc committee would be working on that piece as well as
quiet zones and examining local options for some bridging the valley project; not with the idea of re-
doing studies, but with the idea of getting something done.
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting
adjourned at 8:27 p.m.
ATTEST: Dean Grafos, Mayor
Christine Bainbridge, City Clerk
Minutes Regular Council Meeting 01-27--2015 Page 7 of 7
Approved by Council:
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 10, 2015
Check all that apply: ❑ consent ❑ old business
❑ information ❑ admin. report
Department Director Approval:
® new business ❑ public hearing
❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: First Reading Proposed Ordinance No. 15-002 - adopting findings of
fact for Ordinance No. 14-021 and the establishment of a moratorium on all marijuana uses
other than those licensed by the Washington Liquor Control Board
GOVERNING LEGISLATION: RCW 36.70A.390; RCW 69.50 (Initiative 502 has been codified
as RCW 69.50) and WAC 314-55; RCW 69.51A; SVMC Title 19.
PREVIOUS COUNCIL ACTION TAKEN: Staff has provided numerous administrative reports on
the legalization of marijuana since March, 2013. City Council adopted regulations regarding
restrictions on recreational marijuana on July 22, 2014. City Council adopted a moratorium on
unlicensed marijuana use on December 9, 2014 and conducted a public hearing on Ordinance
No. 14-021 and the moratorium on January 27, 2015.
BACKGROUND: After the passage of Initiative 502 (1-502) in 2012, the City engaged in an
extended process to review the impact and implications of the legalization of recreational
marijuana. The City adopted interim regulations in February 2014 and adopted final regulations
on July 22, 2014 governing the siting, zoning, and restrictions on recreational marijuana
production, processing, and retail sales licensed by the Washington Liquor Control Board (LCB).
In addition to 1-502 and recreational marijuana, RCW 69.51A, which was initially passed as an
initiative in 1998, provides a structure for qualified patients to obtain a medical marijuana card
that permits them to obtain, possess and use medical marijuana. In 2011, the Legislature
attempted to fully legalize medical marijuana dispensaries and provide a State registry for
qualified patients, collective gardens, and designated providers. However, Governor Gregoire
vetoed all sections that would have created legalized medical marijuana dispensaries and the
State registry, thereby leaving an uncertain structure in place for medical marijuana. As it
currently stands, RCW 69.51A does not permit legal dispensaries and provides an affirmative
defense to qualified patients, designated providers, and collective gardens. There is no licensing
of any medical marijuana by the LCB as there is for recreational marijuana under 1-502.
1-502 further made it illegal to consume marijuana in view of the general public. However, there
are apparent gaps that allow private consumption businesses to operate. These businesses are
not regulated or licensed by the LCB.
In 2014, the Legislature considered, but did not pass, a bill that would have reconciled both
recreational and medical marijuana. Staff expects that the Legislature will consider numerous
aspects of marijuana laws in the current legislative session, including the reconciliation of
medical and recreational marijuana. At least two bills have already been proposed to reconcile
medical and recreational marijuana during the current legislative session.
While the City considered and adopted regulations governing recreational marijuana, it did not
initially adopt regulations related to medical marijuana due to the uncertainty surrounding the
potential for State regulations and to the uncertain status of medical marijuana under RCW
69.51A.
With the lack of regulatory oversight and significant gaps in State law over medical marijuana
and private consumption lounges, staff determined there exists the strong potential for abuse of
the medical marijuana market. There has been an increase in the number of medical marijuana
business registration applications in 2014 as well as a broadening of the scope of activities
sought.
The City Council adopted an item in its 2015-2017 Legislative Agenda indicating it would
support State legislation over the reconciliation of medical and recreational marijuana, additional
regulations over private marijuana consumption businesses, and regulations governing
underage marijuana consumption.
Given the uncertainty surrounding marijuana uses that are not currently licensed by the LCB,
the lack of regulation over such uses, and the shift towards more medical marijuana activities,
staff believed a moratorium was appropriate on all marijuana uses that are not licensed or
regulated by the LCB in order to allow the City to research appropriate final regulations, up to
and including bans over such unlicensed marijuana uses, to limit the potential for abuse of such
uses, and to further limit the potential for access of marijuana to minors. Further, a moratorium
allows the City to determine what, if any, laws the Legislature might adopt in 2015 and the
impact of those laws on the City.
RCW 36.70A.390 authorizes the City to adopt a moratorium on unlicensed marijuana uses
without conducting a public hearing and without utilizing the City's standard approval process
through the Planning Commission, and multiple readings by City Council. A moratorium
preserves the status quo so that new plans and regulations will not be rendered moot by
intervening development. After adoption of the moratorium, the City Council must conduct a
public hearing on the moratorium within 60 days and adopt findings of fact for the moratorium.
Additionally, pursuant to state law, a moratorium that includes a work plan may be effective for
up to 365 days from the date of adoption. After adoption of the moratorium, final regulations
must be proposed and processed through the City's standard process, including a proposal to
the Planning Commission, Planning Commission recommendation to City Council, and multiple
readings by City Council. The final regulations must be adopted prior to the expiration of the
moratorium.
Pursuant to the requirements of RCW 36.70A.390, on December 9, 2014, the City Council
considered and adopted Ordinance No. 14-021, which established a moratorium on the
submission, processing, modification, or approval of any permit applications or licenses by or for
unlicensed marijuana use. Unlicensed marijuana use is defined as all marijuana use other than
recreational marijuana production, processing, or retail sales licensed by the LCB and so
includes all new medical marijuana dispensaries, collective gardens, and designated providers,
and all private marijuana consumption businesses. The moratorium does not apply to personal
use or personal medical use by qualified patients. The moratorium became effective upon
approval by the City Council (on December 9, 2014), so it did not and does not impact the
continued operation of existing businesses. The moratorium set January 27, 2015 as the date
for a public hearing, established a work plan, adopted preliminary findings of fact, and
established an effective period of up to 365 days for the moratorium. Finally, Ordinance No. 14-
021 was designated as a public emergency and was effective upon adoption.
Staff has completed SEPA review of the moratorium and a Determination of Non -Significance
("DNS") was issued on December 19, 2014. No comments were received on the DNS.
On January 27, 2015, City Council conducted a public hearing on Ordinance 14-021 and the
moratorium. Council received three written comments and received 18 comments from the
public at the public hearing.
Pursuant to state law, staff is now presenting findings of fact on Ordinance 14-021 and the
moratorium for Council consideration based on the public hearing and information received.
OPTIONS: Move to advance to a second reading, with or without amendments; or take further
action as deemed appropriate.
RECOMMENDED ACTION OR MOTION: Move to advance Ordinance No. 15-002 adopting
findings of fact for Ordinance 14-021 and the establishment of a moratorium on unlicensed
marijuana uses to a second reading.
BUDGET/FINANCIAL IMPACTS: N/A.
STAFF CONTACT: Erik Lamb, Deputy City Attorney
ATTACHMENTS: Proposed Ordinance No. 15-002; Ordinance No. 14-021
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 15-002
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE ADOPTION
OF ORDINANCE NO. 14-021 AND THE ESTABLISHMENT OF A MORATORIUM ON
ALL MARIJUANA USES OTHER THAN MARIJUANA PRODUCERS, MARIJUANA
PROCESSORS, AND MARIJUANA RETAIL SALES AS LICENSED BY THE
WASHINGTON STATE LIQUOR CONTROL BOARD PURSUANT TO CHAPTER
69.50 RCW AND REGULATED BY CHAPTER 19.85 SPOKANE VALLEY
MUNICIPAL CODE AND SPOKANE VALLEY MUNICIPAL CODE SECTION
19.120.050, AND OTHER MATTERS RELATING THERETO.
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of
Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and
other regulations as are not in conflict with general laws," which includes the adoption of regulations
governing land uses within the City; and
WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a
moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a
public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim
official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim
zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the
governing body received a recommendation on the matter from the planning commission or department.
If the governing body does not adopt findings of fact justifying its action before this hearing, then the
governing body shall do so immediately after this public hearing. A moratorium, interim zoning map,
interim zoning ordinance, or interim official control adopted under this section may be effective for not
longer than six months, but may be effective for up to one year if a work plan is developed for related
studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or
interim official control may be renewed for one or more six-month periods if a subsequent public hearing
is held and findings of fact are made prior to each renewal;" and
WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method
by which local governments may preserve the status quo so that new plans and regulations will not be
rendered moot by intervening development; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a
moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a
public hearing, provided the City conducts a public hearing on the moratorium within 60 days of the date
of adoption of the moratorium; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, on December 9, 2014, the
City adopted Ordinance No. 14-021 establishing a moratorium upon the submission, acceptance,
processing, modification or approval of any permit applications or licenses by or for unlicensed marijuana
use; and
WHEREAS, pursuant to RCW 35A.63.220, RCW 36.70A.390 and Ordinance No. 14-021, on
January 27, 2015, the City Council conducted a public hearing on the adoption of Ordinance No. 14-021
and the establishment of a moratorium on unlicensed marijuana uses; and
WHEREAS, written public testimony was received from three interested parties. City Council
heard testimony from 18 interested parties during the public hearing; and
Ordinance 15-002 Page 1 of 5
DRAFT
WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council is required to
adopt findings of fact after conducting the public hearing.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Findings of Fact. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, on
January 27, 2015, the City Council conducted a public hearing on Ordinance No. 14-021 and the
establishment of a moratorium on unlicensed marijuana uses. The City Council hereby adopts the
following as findings of fact in support of Ordinance No. 14-021 and the establishment of a moratorium
on unlicensed marijuana uses:
1. Since 1970, federal law has prohibited the manufacture and possession of marijuana as a
Schedule I drug, based on the federal government's categorization of marijuana as having a "high
potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in
medically supervised treatment." Gonzales v. Raich, 545 U.S. 1, 14 (2005); Controlled Substance Act, 84
Stat. 1242, 21 U.S.C. 801 et seq.
2. Initiative Measure No. 692, approved by the voters of Washington State on November 3,
1998, and now codified as chapter 69.51A RCW, created an affirmative defense for "qualifying patients"
to the charge of possession of marijuana.
3. In 2011, the Washington State Legislature considered and passed ESSSB 5073 that, among
other things, (1) authorized the licensing of medical cannabis dispensaries, production facilities, and
processing facilities; (2) permitted qualifying patients to receive certain amounts of marijuana for
medicinal purposes from designated providers; (3) permitted collective gardens by qualifying patients
whereby they may, consistent with state law, collectively grow marijuana for their own use; and (4)
clarified that cities were authorized to continue to use their zoning authority to regulate the production,
processing, or dispensing of marijuana under ESSSB 5073 and chapter 69.51A RCW within their
respective jurisdictions.
4. On April 29, 2011, former governor Christine Gregoire vetoed the portions of ESSSB 5073
that would have provided the legal basis for legalizing and licensing medical cannabis dispensaries,
processing facilities, and production facilities, thereby making these activities illegal.
5. On November 6, 2012, voters of the State of Washington approved Initiative Measure No. 502
("I-502"), now codified in chapters 69.50, 46.04, 46.20, 46.21, and 46.61 Revised Code of Washington
("RCW"), which provisions (1) decriminalized possession and use of certain amounts of marijuana and
marijuana paraphernalia; (2) amended state laws pertaining to driving under the influence of intoxicants
to include driving under the influence of marijuana; and (3) established a regulatory system licensing
producers, processors, and retailers of recreational marijuana for adults 21 years of age and older, and
required the Washington State Liquor Control Board (the "LCB") to adopt procedures and criteria by
December 1, 2013 for issuing licenses to produce, process, and sell marijuana.
6. On August 29, 2013, the United States Department of Justice issued a memo providing
updated guidance on marijuana enforcement in response to the adoption of I-502. Several ongoing
federal enforcement priorities were outlined, including prevention of crime and preventing distribution of
marijuana to minors. Further, the memo provided that the Department would not seek ongoing
prosecution of marijuana providers, users, and local officials in states that authorized marijuana, provided
that those state and local governments "implement strong and effective regulatory and enforcement
systems that will address the threat those state laws could pose to public safety, public health, and other
law enforcement interests. A system adequate to that task must not only contain robust controls and
procedures on paper; it must also be effective in practice."
Ordinance 15-002 Page 2 of 5
DRAFT
7. The LCB has established a comprehensive regulatory scheme for the licensing, operation, and
enforcement of recreational marijuana production, processing, and retail sales shops under chapter 314-55
WAC.
8. In 2014, the Washington State Legislature considered, but did not adopt E3SSB 5887 that
would have reconciled the comprehensive state regulatory scheme for recreational marijuana under I-502
and the lack of regulatory oversight and controls over medical marijuana under chapter 69.51A RCW.
9. The possession of medical marijuana, operation of collective gardens, and services provided
by designated providers remain illegal under chapter 69.51A RCW and Cannabis Action Coalition v. City
of Kent, 180 Wn. App. 455 (2014), cert. granted, with such activities only entitled to an affirmative
defense.
10. RCW 69.50.445 prohibits the opening of a package containing marijuana, useable marijuana,
or a marijuana -infused product, or consumption of marijuana, useable marijuana, or a marijuana -infused
product "within view of the general public," but does not otherwise regulate operation of any "private"
marijuana consumption facility, "vaping" of marijuana extracts or oils, or other unlicensed marijuana
operations.
11. On July 22, 2014, the City adopted Ordinance No. 14-008, which established in chapter
19.85 of the Spokane Valley Municipal Code ("SVMC") and SVMC 19.120.050 regulations, zoning,
buffers, and other limitations on marijuana producers, processors, and retail sellers licensed under chapter
69.50 RCW, but which did not regulate unlicensed marijuana uses.
12. Unlike recreational licensed marijuana production, processing, and retail sales under chapter
69.50 RCW, all other marijuana uses, including medical marijuana and businesses offering "private"
marijuana consumption or "vaping," remain unlicensed marijuana uses that are largely unregulated and
are not subject to review, licensing, or enforcement by the LCB or other State or local agency.
13. The Washington State Legislature is likely to propose and consider legislation on medical
marijuana in its 2015 Legislative session, but the City cannot determine what that legislation may provide
or when or if it will be passed.
14. The City of Spokane Valley Police informally documented 45 marijuana -related crimes
between November 13, 2013, and December 9, 2014, with at least 30 of those involving persons under the
age of 21.
15. As of October 28, 2014, the City had processed business registration endorsements for at
least 18 medical -marijuana related businesses within the City, all of which provide marijuana outside of
the licensing, regulation, and enforcement of the LCB, none of which are licensed marijuana producers,
processors, or retail outlets under chapter 69.50 RCW, and none of which are subject to the City's
regulations under SVMC 19.85 or SVMC 19.120.050.
16. Pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane
Valley is authorized to "make and enforce within its limits all such local police, sanitary and other
regulations as are not in conflict with general laws," which includes the adoption of regulations governing
land uses within the City; and
17. The lack of regulatory oversight at any level over unlicensed marijuana uses, such as medical
marijuana collective gardens, designated providers, and "private" marijuana consumption businesses, (1)
creates a market for marijuana that is inconsistent with the highly regulated market established by
licensed producers, processors, and retail sales by the LCB; (2) allows potential for increased access to
Ordinance 15-002 Page 3 of 5
DRAFT
marijuana by minors; and (3) creates a risk to the public health, safety and welfare because of the lack of
regulatory oversight and potential for abuse.
18. On November 4, 2014, the City Council adopted its 2015-2017 Legislative Agenda, which
includes an item wherein the City Council stated it would "support the reconciliation of the recreational
and medical marijuana statutes," "support development of one system that would regulate medical and
recreational marijuana, (including the elimination of medical marijuana), in Washington State," and
would "support State regulations which close gaps within current legislation: Vaping, edibles, oils, and
`private' consumption/facilities; and under age possession and consumption."
19. Additional time is necessary to allow the City to conduct appropriate research to analyze the
allowance, siting, and necessary land use regulations for unlicensed marijuana uses under existing state
law, and to determine what, if any, regulations may be passed by the Washington State Legislature in the
upcoming 2015 legislative session regarding unlicensed marijuana uses and the impact of such laws on
unlicensed marijuana uses within the City.
20. A moratorium provides the City with additional time to review and amend its public health,
safety, and welfare requirements and zoning and land use regulations related to the establishment and
operation of unlicensed marijuana uses.
21. RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium,
interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing
on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control,
shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or
interim official control within at least sixty days of its adoption, whether or not the governing body
received a recommendation on the matter from the planning commission or department. If the governing
body does not adopt findings of fact justifying its action before this hearing, then the governing body
shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning
ordinance, or interim official control adopted under this section may be effective for not longer than six
months, but may be effective for up to one year if a work plan is developed for related studies providing
such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official
control may be renewed for one or more six-month periods if a subsequent public hearing is held and
findings of fact are made prior to each renewal."
22. A moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method by
which local governments may preserve the status quo so that new plans and regulations will not be
rendered moot by intervening development.
23. RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium,
interim zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing,
provided a public hearing is held within 60 days of the adoption of the moratorium.
24. The City has authority to establish a moratorium concerning the establishment and operation
of unlicensed marijuana uses as a necessary stop -gap measure: (1) to provide the City with an opportunity
to study the issues associated with allowing, siting, and regulating unlicensed marijuana uses, including
determining what, if any, regulations are passed by the Washington State Legislature in the upcoming
2015 legislative session and the impacts of those laws upon unlicensed marijuana uses; (2) to protect the
health, safety, and welfare of the citizens of the City of Spokane Valley by avoiding and ameliorating
negative impacts and unintended consequences of additional unlicensed marijuana; and (3) to avoid
applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may
make for its rules and regulations as a result of the City's study of this matter.
Ordinance 15-002 Page 4 of 5
DRAFT
25. Pursuant to Ordinance No. 14-021, City Council adopted a work plan to address the issues
involving the City's regulation and establishment of unlicensed marijuana uses.
26. Staff has completed SEPA review of the moratorium and a Determination of Non -
Significance ("DNS") was issued on December 19, 2014. No comments were received on the DNS.
27. On January 27, 2015, City Council conducted a public hearing on the adoption of Ordinance
14-021 and the establishment of a moratorium on unlicensed marijuana uses.
28. The City Council received written testimony from three interested parties and 18 interested
parties spoke at the public hearing. The City Council has given due consideration to all public testimony
received.
29. The adoption of Ordinance No. 14-021 and the establishment of a moratorium on unlicensed
marijuana uses is consistent with the goals and policies of the City's Comprehensive Plan.
30. The City Council finds that the moratorium imposed and established by Ordinance No. 14-
021 is necessary for the immediate preservation of the public health, public safety, public property and
public peace.
Section 2. Duration. The moratorium set forth in Ordinance shall be and remain in effect
for a period of 365 days from the date of Ordinance No. 14-021, unless repealed, extended, or modified
by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant
to RCW 35A.63.220 and RCW 36.70A.390.
Section 3. Ratification. Any act consistent with the authority set forth herein and prior to
the effective date of this Ordinance is hereby ratified and affirmed.
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this day of February, 2015.
ATTEST: Dean Grafos, Mayor
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 15-002 Page 5 of 5
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 14-021
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING A MORATORIUM ON THE ESTABLISHMENT OF ALL
MARIJUANA USES OTHER THAN MARIJUANA PRODUCERS, MARIJUANA.
PROCESSORS, AND MARIJUANA RETAIL SALES AS LICENSED 13Y "I'IIE
WASHINGTON STA`L'E LIQUOR CONTROL BOARD PURSUANT TO CHAPTER
69.50 RCW AND REGULATED.) 13Y CHAPTER 19.85 SPOKANE VALLEY
MUNICIPAL CODE AND SPOKANE VALLEY MUNICIPAL CODE SECTION
19.120.050, AND OTHER MATTERS RELATING THERETO.
WHEREAS, since 1970, federal law has prohibited the manufacture and possession of marijuana
as a Schedule 1 drug, based on the federal government's categorization of marijuana as having a "high
potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in
medically supervised treatment." Gonzales v. Raich, 545 U.S. 1, 14 (2005), Controlled Substance Act, 84
Stat_ 1242, 21 U.S.C. 801 et seq; and
WHEREAS, Initiative Measure No. 692, approved by the voters of Washington State on
November 3, 1998, and now codified as chapter 69.51A RCW, created an affirmative defense for
"qualifying patients" to the charge of possession of marijuana; and
WHEREAS, in 2011, the Washington State Legislature considered and passed ESSSI3 5073 that,
among other things, (1) authorized the licensing of medical cannabis dispensaries, production facilities,
and processing facilities, (2) permitted qualifying patients to receive certain amounts of marijuana for
medicinal purposes from designated providers, (3) permitted collective gardens by qualifying patients
whereby they may, consistent with state law, collectively grow marijuana for their own use, (4) and
clarified that cities were authorized to continue to use their zoning authority to regulate the production,
processing, or dispensing of marijuana under FSSSE3 5073 and chapter 69.51A RCW within their
respective jurisdictions; and
WHEREAS, on April 29, 2011, former governor Christine Gregoire vetoed the portions of
ESSS13 5073 that would have provided the legal basis for legalizing and licensing medical cannabis
dispensaries, processing facilities, and production facilities, thereby making these activities illegal; and
WHEREAS, on November 6, 2012, voters of the State of Washington approved Initiative
Measure No. 502 ("1-502"), now codified in chapters 69.50, 46.04, 46.20, 46.21, and 46.61 Revised Code
of Washington ("RCW"), which provisions, (1) decriminalized possession and use of certain amounts of
marijuana and marijuana paraphernalia; (2) amended state laws pertaining to driving under the influence
of intoxicants to include driving under the influence of marijuana; and (3) established a regulatory system
licensing producers, processors, and retailers of recreational marijuana for adults 21 years of age and
older, and required the Washington State Liquor Control Board (the "LCB") to adopt procedures and
criteria by December 1, 2013 for issuing licenses to produce, process, and sell marijuana; and
WHEREAS, on August 29, 2013, the United States Department of Justice issued a memo
providing updated guidance on marijuana enforcement in response to the adoption of 1-502. Several
ongoing federal enforcement priorities were outlined, including prevention of crime and preventing
distribution of marijuana to minors. Further, the memo provided that the Department would not seek
ongoing prosecution of marijuana providers, users, and local officials in states that authorized marijuana,
provided that those state and local governments "implement strong and effective regulatory and
enforcement systems that will address the threat those state laws could pose to public safety, public
Ordinance 14-021 Page 1 cif 5
health, and other law enforcement interests. A system adequate to that task must not only contain robust
controls and procedures on paper; it must also be effective in practice;" and
WHEREAS, the LCIS has established a comprehensive regulatory scheme for the licensing,
operation, and enforcement of recreational marijuana production, processing, and retail sales shops under
chapter 314-55 WAC; and
WHEREAS, in 2014, the Washington State Legislature considered, but did not adopt E3SSB
5887 that would have reconciled the comprehensive state regulatory scheme for recreational marijuana
under 1-502 and the lack of regulatory oversight and controls over medical marijuana under chapter
69.5IA RCW; and
WHEREAS, the possession of medical marijuana, operation of collective gardens, and services
provided by designated providers remain illegal under chapter 69.51A RCW and Cannabis Action
Coalition v. City of Kent, 180 Wn. App. 455 (2014), cert. granted, with such activities only entitled to an
affirmative defense; and
WHEREAS, RCW 69.50A45 prohibits the opening of a package containing tnarijuana, useable
marijuana, or a marijuana -infused product, or consumption of marijuana, useable marijuana, or a
marijuana -infused product "within view of the general public," but does not otherwise regulate operation
of any "private" marijuana consumption facility, "vaping" of marijuana extracts or oils, or other
unlicensed marijuana operations; and
WHEREAS, unlike recreational licensed tnarijuana production, processing, and retail sales under
chapter 69.50 RCW, all other marijuana uses, including medical marijuana and husinesscs offering
"private" consumption or "vaping," remain unlicensed tnarijuana uses that are largely unregulated and are
not subject to review, licensing, or enforcement by the LCB; and
WHEREAS, the Washington State Legislature is likely to propose and consider legislation on
medical marijuana in the upcoming 2015 Legislative session, but the City cannot determine what that
legislation may provide or when or if it will be passed; and
WHEREAS, the City of Spokane Valley Police have informally documented 45 marijuana -related
crimes since November 13, 2013, with at least 30 of those involving persons under the age of 21; and
WHEREAS on July 22, 2014, the City adopted Ordinance No. 14-008, which established in
chapter 19.85 of the Spokane Valley Municipal Code ("SVMC") and SVMC 19.120.050 regulations,
zoning, buffers, and other limitations on tnarijuana producers, processors, and retail sellers licensed under
chapter 69.50 RCW, but which did not regulate unlicensed marijuana uses; and
WHEREAS, as of October 28, the City had at least 18 medical -marijuana related businesses
registered within the City, all of which provide marijuana outside of the licensing, regulation,
enforcement of the LCB, none of which are licensed marijuana producers, processors, or retail outlets
under chapter 69.50 RCW, and none of which arc subject to the City's regulations under SVMC 19.85 or
SVMC 19.120.050; and
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of
Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and
other regulations as are not in conflict with general laws," which includes the adoption of regulations
governing land uses within the City; and
WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a
moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a
Ordinance 14-021 Page 2 of 5
public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim
official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim
zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the
governing body received a recommendation on the matter from the planning commission or department.
If the governing body does not adopt findings of fact justifying its action before this hearing, then the
governing body shall do so immediately after this public hearing. A moratorium, interim zoning map,
interim zoning ordinance, or interim official control adopted under this section may be effective for not
longer than six months, but may be effective for up to one year if a work plan is developed for related
studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or
interim official control niay be renewed for one or more six-month periods if a subsequent public hearing
is held and findings of fact are made prior to each renewal;" and
WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method
by which local governments may preserve the status quo so that new plans and regulations will not be
rendered moot by intervening development; and
WHEREAS, RCW 35A.63.220 and ReW 36.70A.390 both authorize the enactment of a
moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a
public hearing; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the
requirements of a threshold determination under thc State Environmental Policy Act; and
WHEREAS, the lack of regulatory oversight at auy level over unlicensed marijuana uses, such as
medical marijuana collective gardens, designated providers, and "private" marijuana consumption
businesses, (I) creates a market for marijuana that is inconsistent with the highly regulated market
established by licensed producers, processors, and retail sales by the LCD, (2) allows increased access to
marijuana by minors, and (3) creates a risk to the public health, safety and welfare because of the lack of
regulatory oversight and potential for abuse; and
WHEREAS, on November 4, 2014, the City Council adopted its 2015-2017 Legislative Agenda,
which included an item wherein the City Council stated it would "support the reconciliation of thc
recreational and medical marijuana statutes," "support development of one system that would regulate
medical and recreational marijuana, (including the elimination of medical marijuana), in Washington
State," and would "support State regulations which close gaps within current legislation: Vaping, edibles,
oils, and `private' consumption/facilities; and under age possession and consumption;" and
WHEREAS, additional time is necessary to allow the City to conduct appropriate research to
analyze the allowance, siting, and necessary land -use regulations for unlicensed marijuana uses under
existing state law, and to determine what, if any, regulations may be passed by the Washington State
Legislature in the upcoming 2015 legislative session regarding unlicensed marijuana uses and thc impact
of such laws on unlicensed marijuana uses within the City; and
WHEREAS, a moratorium will provide the City with additional time to review and amend its
public health, safety, and welfare requirements and zoning and land use regulations related to the
establishment and operation of unlicensed marijuana uses; and
WiIEREAS, Washington State law, including RCW 35A.63.220 and RCW 36.70A.390,
authorizes the City to adopt a moratorium, provided the City conducts a public hearing on the moratorium
within 60 days of the date of adoption of the moratorium; and
WHEREAS, the City has authority to establish a moratorium concerning the establishment and
operation of unlicensed marijuana uses as a necessary stop -gap measure: (1) to provide the City with an
Ordinance 14-021 Pagc 3 of 5
opportunity to study the issues associated with allowing, siting, and regulating unlicensed marijuana uses,
including determining what, if any, regulations are passed by the Washington State Legislature in the
upcoming 2015 legislative session and the impacts of those laws upon unlicensed marijuana uses; (2) to
protect the health, safety, and welfare of the citizens of the City of Spokane Valley by avoiding and
ameliorating negative impacts and unintended conscgnences of additional unlicensed marijuana; and (3)
to avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the
City may make for its rules and regulations as a result of the City's study of this matter; and
WIIEREAS, the City Council finds that the moratorium imposed and established by this
Ordinance is necessary for the immediate preservation of the public health, public safety, public property
and public peace.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as
findings of fact in support of this Ordinance.
Section 2. Moratorium Established,
A. The City Council hereby declares and imposes a moratorium upon the submission,
acceptance, processing, modification or approval of any permit applications or licenses by or for
unlicensed marijuana use.
B. For purposes of this moratorium, "unlicensed marijuana use" means the production,
growing, processing, manufacturing, extraction, infusion into edible solids, liquids or gummies, allowing
consumption on the premises of, sale, distribution, or delivery of marijuana, marijuana -infused products,
extracts, concentrates, oils, or any other form of product containing or derived from marijuana and
intended for human use by any business, association or other for-profit or not-for-profit establishment,
including but not limited to collective gardens, designated providers, medical marijuana dispensaries, or
private marijuana "vaping," smoking, or consumption clubs; provided, however, "unlicensed marijuana
use" shall not include any marijuana producer, marijuana processor, or marijuana retailer that has
received and holds a valid marijuana producer, marijuana processor, or marijuana retailer license from the
Washington Liquor Control Board pursuant to chapter 69.50 RCW and chapter 314-55 WAC; provided,
further, if a building permit for work within a business is necessary in order for a business to obtain a
valid marijuana license from the Washington Liquor Control Board under chapter 69.50 RCW, the City
may accept and process such permit prior to the applicant receiving its license from the Washington
Liquor Control Board,
C. "Unlicensed marijuana use" does not and shall not include any personal possession or use
of marijuana, marijuana -infused products, marijuana extracts, marijuana concentrates, marijuana oils, or
other form of product containing or derived from marijuana and intended for human use by any person
pursuant to chapter 69.50 RCW or by any qualifying patient pursuant to RCW 69.5IA.040.
D. Nothing herein shall affect the processing or consideration of any existing and already -
submitted complete land -use or building permit applications that may be subject to vested rights as
provided under Washington law.
Section 3. Work Plan. The following work plan is adopted to address the issues involving
the City's regulation of, and the establishrnent of unlicensed marijuana uses:
A. The City of Spokane Valley Planning Commission is hereby authorized and directed to
hold public hearings and public meetings to fully receive and consider statements, testimony, positions,
Ordinance 14-021 Page 4 of 5
and other documentation or evidence related to the public health, safety, and welfare aspects of
unlicensed marijuana uses.
8. The City of Spokane Valley Planning Commission is hereby authorized and directed to
work with City staff and the citizens of the City, as well as all public input received, to develop proposals
for regulations pertaining to the establishment of unlicensed marijuana uses, which regulations may
provide provisions restricting or limiting unlicensed marijuana use up to and including bans, to be
forwarded and recommended to the City Council for its consideration.
Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390, the City Council
shall conduct a public hearing on January 27, 2015 at 6:00 p.m., or as soon thereafter as the matter may be
heard, at the City of Spokane Valley City Hall, 11707 East Sprague, Spokane Valley, 99206, City Council
Chambers, to hear and consider the comments and testimony of those wishing to speak at such public
hearing regarding the moratorium set forth in this Ordinance.
Section 5. Duration. The moratorium set forth in this Ordinance shall be in effect as of the
date of this Ordinance and shall continue in effect for a period of 365 days from the date of this
Ordinance, unless repealed, extended, or modified by the City Council aftcr subsequent public hearing(s)
and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390.
Section 6. Ratification. Any act consistent with the authority set forth herein and prior to
the effective date of this Ordinance is hereby ratified and affirmed.
Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this Ordinance.
Section N. Declaration of- Emergency; Effective Date. This Ordinance is designated as a
public emergency necessary for the protection of public health, safety, and welfare and therefore shall
take effect immediately upon adoption by the City Council.
Passed by the City Council this 9th day of December, 2014.
AT 1E / Dean Grafo041S r
Z1
tty Clerk, Christine Bainbridge
Approved as 'orrn;
au
Office e Cit ttorney
Date of Publication: December 12, 2014
Effective Date: December 9, 2014
Ordinance 14-021
Page 5 of 5
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 10, 2015 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
information ❑ admin. report pending legislation ❑executive session
AGENDA ITEM TITLE: First Reading Proposed Ordinance 15-003; amending Spokane Valley
Municipal Code (SVMC) 20.30.060 Time Extensions, relating to length of time and frequency of
plat time extensions and eliminating 20.30.060(A -C).
GOVERNING LEGISLATION: RCW 36.70A.106, RCW 58.17, SVMC 17.80.150 and 19.30.040
PREVIOUS COUNCIL ACTION TAKEN: On January 20, 2015 the Council agreed to proceed
to an ordinance first reading .
BACKGROUND: CTA -2014-0006 is a city initiated code text amendment to change the time
frame for preliminary plat extensions from a single one-year time extension, to an initial three-
year extension with additional one-year extensions allowed by the Community and Economic
Development Department. The text amendment also includes the elimination of the
circumstances in 20.30.060 (A -C). The Planning Commission conducted a study session on
November 13, 2014 and a public hearing on January 8, 2015.
The Planning Commission voted unanimously to recommend approval of the amendment to the
City Council.
OPTIONS: Move to advance to a second reading, with or without further amendments.
RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 15-003, changing the
regulations regarding preliminary plat time extensions, to a second reading.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Micki Harnois, Planner
ATTACHMENTS:
A. Draft Ordinance
B. Staff Report to Planning Commission
C. Planning Commission Findings of Fact
D. Planning Commission Minutes from November 13, 2014, study session; and
January 8, 2015 public hearing and deliberations
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 15-003
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC)
20.30.060, TIME EXTENSIONS RELATING TO LENGTH OF TIME AND
FREQUENCY OF EXTENSIONS, ELIMINATING 20.30.060(A -C); AND OTHER
MATTERS RELATING THERETO.
WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley
Municipal Code (SVMC) Title 19, pursuant to Ordinance 07-015; and
WHEREAS, on October 28, 2007, SVMC Title 19 became effective; and
WHEREAS, such regulations are authorized by RCW 36.70A; and
WHEREAS, on November 13, 2014, the Planning Commission held a study session; and
WHEREAS, on December 12 and December 19, 2014, notice of the Planning Commission public
hearing was published in the Valley News Herald; and
WHEREAS, on January 8, 2015, the Planning Commission held a public hearing, received
evidence, information, public testimony, and a staff report with a recommendation followed by
deliberations and provided a recommendation; and
WHEREAS, on January 8, 2015, the Planning Commission approved the findings and
recommendations; and
WHEREAS, on January 20, 2015, City Council reviewed the proposed amendment; and
WHEREAS, on January 26, 2015, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a 60 -day notice of intent to adopt amendments to Spokane
Valley development regulations; and
WHEREAS, on February 2, 2015, a Request for Expedited Review was sent to the Washington
State Department of Commence pursuant to RCW 36.70A.106(3)(b) and WAC 365-196-630(6). The
expedited review period is 14 calendar days; and
WHEREAS, on February 10, 2015, City Council considered a first ordinance reading to adopt the
proposed amendment; and
WHEREAS, the amendments set forth below are consistent with the goals and policies of the
City's Comprehensive Plan; and
WHEREAS, SVMC 20.30.060, as amended, bears a substantial relation to the public health,
safety and welfare, and protection of the environment.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Ordinance 15-003 Page 1 of 4
DRAFT
Section 1. Purpose. The purpose of this Ordinance is to amend SVMC 20.30.060 to change
the granting of a single, one-year time extension to a three-year time extension with the Community and
Economic Development Department having the discretion of granting additional one-year extensions
beyond the initial three-year extension. The text amendment includes the elimination of 20.30.060(A)
through(C).
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the amendments and
recommends approval of the amendments. The City Council has read and considered the Planning
Commission's findings. The City Council hereby makes the following findings:
Section 3.
follows:
A. Growth Management Act Policies - Washington State Growth Management Act
(GMA) provides that each city shall adopt a comprehensive land use plan and
development regulations that are consistent with and implement the comprehensive
plan.
B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has
adopted goals and policies consistent with the GMA and adopted County -Wide
Planning Policies, set forth below.
1. Land Use Policy -13.1: Maximize efficiency of the development review
process by continuously evaluating the permitting process and modifying as
appropriate.
2. Economic Goal EDG-7: Maintain a regulatory environment that offers
flexibility, consistency, predictability and clear direction.
3. Economic Policy EDP -7.1: Evaluate, monitor and improve development
standards to promote compatibility between adjacent land uses; and update
permitting processes to ensure that they are equitable, cost-effective, and
expeditious.
4. Economic Policy EDP -7.2: Review development regulations periodically to
ensure clarity, consistency and predictability.
C. Conclusions
1. The proposed amendment bears a substantial relation to public health,
safety, welfare, and protection of the environment.
2. The proposed City -initiated Code text amendment is consistent with the
City's adopted Comprehensive Plan and the approval criteria contained in
SVMC 17.80.150(F).
3. The GMA requires that the City's Comprehensive Plan and development
regulations shall be subject to continuing review and evaluation by the City.
Amendment. Spokane Valley Municipal Code section 20.30.060 is hereby amended as
20.30.060 Time extensions.
1 An application form and supporting data for time extension requests shallmust be submitted to the
department at least 30 days prior to the expiration of the preliminary short subdivision, subdivision, or
binding site plan. Time extension requests shall be processed as a Type I application pursuant to Chapter
17.80 SVMC.
Ordinance 15-003 Page 2 of 4
DRAFT
The directordepartment -may approve an extension provided there are no significant changed conditions
or changed development regulations which would render recording of the short subdivision, subdivision
or binding site plan contrary to the public health, safety or general welfare,; and provided one or more of
the following circumstances is found to apply:
A. That some portion of the existing preliminary short subdivision, subdivision, or binding site plan has
been finalized since the project was approved and the remaining lots would form a unified development
consistent with the original approval;
B. That the preliminary short subdivision, subdivision, or binding site plan remains generally consistent
with the original plat or binding site plan that was approved, and the applicant has taken substantial steps
toward finalizing the plat or binding site plan, which shall include at least one of the following:
1. Surveying the lots within the development;
2. Arranging for public services to the site;
binding site plan; and/or
'I. Completing studies or other requirements which were part of preliminary short subdivision,
subdivision, or binding site plan approval;
C. That at the time preliminary approval was granted, development of the proposal was conditioned upon
the extension of public services which are not yet available. This provision shall not apply to public utility
extensions which the project sponsor would normally fund.
If the conditions set forth in subsections A, B or C of this section are met, tThe department may grant an
initial single, threeeffe-year time extension. Additional one year extensions may be granted by the
department beyond the initial three-year extension. Prior to granting time extensions, the
departmentdirector shall circulate the time extension request to affected agencies for comments.
Additional or altered conditions recommended by the department or affected agencies may be required as
a condition of this extension. This may include new or updated City regulations deemed necessary to
protect the public health, safety, or general welfare.
City departments may also recommend additional or altered conditions.
The department shall issue a written decision approving or denying the time extension request and
provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision.
Appeals of a time extension shall be filed in a manner consistent with the provisions of Chapter 17.90
SVMC.
Section 4. Other sections unchanged. All other provisions of Chapters 20.30 not
specifically referenced hereto shall remain in full force and effect.
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this Ordinance.
Ordinance 15-003 Page 3 of 4
DRAFT
Section 6. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane
Valley as provided by law.
Passed by the City Council this day of February, 2015.
ATTEST:
Dean Grafos, Mayor
Christine Bainbridge, City Clerk
Approved As To Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 15-003 Page 4 of 4
S4*ilan
jvalley
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
STAFF REPORT AND RECOMMENDATION TO THE
PLANNING COMMISSION
CTA -2014-0006
STAFF REPORT DATE: December 31, 2014
HEARING DATE AND LOCATION: January 8, 2015, beginning at 6:00 p.m., Spokane Valley City Hall
Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane
Valley, Washington 99206.
PROPOSAL DESCRIPTION: A text amendment proposing to amend Spokane Valley Municipal
Code (SVMC) 20.30.060, Time Extensions to change the granting of a single, one-year time
extension to a three-year time extension with the Director granting additional one year extensions
beyond the initial three-year extension. The text amendment change would also include the
elimination of 20.30.060 (A -C)
APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC)
Title 17 General Provisions.
SUMMARY OF RECOMMENDATION: The Planning Division recommends the Planning Commission
approve the changing of a single, one-year time extension to a three-year time extension with the Director
granting additional one-year extensions beyond the initial three-year extension. The amendment would
also change the circumstances listed in 20.30.060 (A -C).
STAFF PLANNER: Micki Harnois, Planner, Community Development Department
ATTACHMENTS:
Exhibit 1: Proposed text amendment to SVMC 20.30.060, Time Extensions
A. BACKGROUND INFORMATION
1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The
following summarizes application procedures for the proposal.
Process
Date
Published Notice of Public Hearing:
December 12-12-14 and 12-19-
14
Sent Notice of Public Hearing to staff/agencies:
December 8, 2014
SEPA Checklist Routed for comments
December 8, 2014
DNS issued
December 26, 2014
2. PROPOSAL BACKGROUND: The proposal is to modify Spokane Valley Municipal Code (SVMC)
Chapter 20.30.060. The intent is to create flexibility in the granting of time extensions when
Staff Report and Recommendation
CTA -2014-0006
circumstances arise that are out of the developer's control. This would also allow the Director to
analyze the specific proposal with the established criteria as well as evaluating the good -will
effort progress of the project.
The proposed amendment will change the granting of a single, one-year time extension to a three-
year time extension with the Director granting additional one year extensions beyond the initial
three-year extension.
The following table shows comparable jurisdictions' allowable time extensions:
Jurisdiction
1St time
2nd time
3rd time, etc
City of Kennewick
n/a
n/a
n/a
City of Kent
1 year
1 year
on-going
City of Lacey
1 year
1 year
on-going
City of Liberty Lake
3 years
No
No
City of Pasco
n/a
n/a
n/a
City of Spokane
1 year
No
No
City of Spokane Valley
1 year
No
No
Spokane County
3 years
1 year
on-going
City of Wenatchee
n/a
n/a
n/a
B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT
AMENDMENT
1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code
a. Findings:
SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria
i. The City may approve Municipal Code Text amendment, if it finds that
(1) The proposed text amendment is consistent with the applicable provisions of the
Comprehensive Plan;
Staff Analysis: The proposed amendment is consistent with the applicable policies
of the Comprehensive Plan. The amendment is consistent with the Comprehensive
plan goals for providing adequate supply of usable land for industry and maintaining
a flexible and consistent regulatory environment, and preserving and protecting
neighborhoods.
Relevant Comprehensive Plan goals and policies are shown below:
Land Use Policy -13.1 Maximize efficiency of the development review process by
continuously evaluating the permitting process and modifying as appropriate.
Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility,
consistency, predictability and clear direction.
Page 2 of 3
Staff Report and Recommendation CTA -2014-0006
Economic Policy EDP -7.1: Evaluate, monitor and improve development standards to
promote compatibility between adjacent land uses; and update permitting processes
to ensure that they are equitable, cost-effective, and expeditious.
Economic Policy EDP -7.2: Review development regulations periodically to ensure
clarity, consistency and predictability.
(2) The proposed amendment bears a substantial relation to public health, safety,
welfare, and protection of the environment;
Staff Analysis: The amendment bears substantial relation to public health, safety,
welfare and protection of the environment. The proposed amendment will make the
development standards consistent for all commercial and industrial zones.
b. Conclusion(s):
The proposed text amendment is consistent with the approval criteria contained in the SVMC.
2. Finding and Conclusions Specific to Public Comments
a. Findings:
No public comments have been received to date.
b. Conclusion(s):
Public noticing was completed for CTA -2014-0006 on December 8, 2014.
3. Finding and Conclusions Specific to Agency Comments
a. Findings:
No agency comments have been received to date.
b. Conclusion(s):
No concerns are noted.
C. OVERALL CONCLUSION
The proposed code text amendment is consistent with the Comprehensive Plans policies and goals.
D. STAFF RECOMMENDATION
The Planning Division, after review and consideration of the applicable approval criteria, staff
recommends that the Planning Commission approve the proposed amendment to change the initial
time extension to three years with the Director granting additional one year extensions beyond the
initial three year extension. Staff's recommendation also includes the elimination of the listed
circumstances listed in 20.30.060 (A -C)
Page 3 of 3
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION FOR CTA -2014-0006
January 8, 2015
The following findings are consistent with the Planning Commission's decision to recommend approval.
Background:
1. Spokane Valley development regulations were adopted in September 2007 and became effective on
October 28, 2007.
2. This is a city initiated text amendment to amend Spokane Valley Municipal Code (SVMC) 20.30.060,
Time Extensions to change the granting of a single, one-year time extension to a three-year time
extension with the Director granting additional one- year extensions beyond the initial three-year
extension. The text amendment change would also include the elimination of 20.30.060 (A -C).
3. The Planning Commission held a public hearing and conducted deliberations on January 8, 2015.
The Planning Commission voted 7-0 to recommend approval as modified to City Council.
Planning Commission Findings:
1. Compliance with SVMC 17.80.150F Approval Criteria
a. The proposed city initiated code text amendment is consistent with the applicable provisions of
the Comprehensive Plan;
Finding(s):
i. Land Use Policy LUP-13.1 Maximize efficiency of the development review process by
continuously evaluating the permitting process and modifying as appropriate.
ii. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility,
consistency, predictability and clear direction.
iii. Economic Policy EDP -7.1: Evaluate, monitor and improve development standards to promote
compatibility between adjacent land uses; and update permitting processes to ensure that they
are equitable, cost-effective, and expeditious.
iv. Economic Policy EDP -7.2: Review development regulations periodically to ensure clarity,
consistency and predictability.
b. The proposed city -initiated amendment bears a substantial relation to public health, safety,
welfare, and protection of the environment.
Finding(s):
i. The proposed amendment bears substantial relation to public health, safety, welfare and
protection of the environment. The proposed amendment will make development standards
consistent for all development.
2. Conclusion(s):
a. The proposed city initiated code text amendment is consistent with the City's adopted
Comprehensive Plan and the approval criteria contained in SVMC 17.80.150(F).
Findings and Recommendations of the Spokane Valley Planning Commission Page 1 of 2
b. The Growth Management Act stipulates that the comprehensive land use plan and development
regulations shall be subject to continuing review and evaluation by the City.
Recommendations:
The Spokane Valley Planning Commission therefore recommends City Council adopt the proposed city -
initiated code text amendments to SVMC 20.30.060, Time Extensions and eliminate 20.30.060 (A -C) as
attached.
Approved this 8th day of January, 2015
b
Joe Stoy, Chairman
A T�
Deana Horton, Administrative Assistant
Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 2
Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall,
November 13, 2014
Chair Stoy called the meeting to order at 6:05 p.m. Commissioners, staff and audience stood for the
pledge of allegiance. Ms. Horton took roll and the following members and staff were present:
Kevin Anderson
Christina Carlsen
Robert McCaslin
Mike Phillips, Absent - Excused
Steven Neill, Absent - Excused
Joe Stoy
Sam Wood
Lori Barlow, Senior Planner
Cary Driskell, City Attorney
Micki Harnois, Planner
Deanna Horton, Secretary
Hearing no objection, the Chair excused Commissioners Neill and Phillips.
Commissioner Carlsen moved to approve the November 13, 2014 agenda as presented. Motion passed
five to zero.
Commissioner Carlsen moved to approve the October 9, and October 23, 2014 minutes as presented The
vote on the minutes was five to zero, the motion passed.
COMNIISSION REPORTS: The Commissioners had nothing to report.
ADMINISTRATIVE REPORT: Senior Planner Lori Barlow said the City Council would hold a public
hearing on the Shoreline Master Plan Nov. 17, 2014. She also stated there would be a special meeting
with the City Council and our consultants to review the process for the legislative update to the
Comprehensive Plan.
PUBLIC COMMENT: There was no public comment.
COMMISSION BUSINESS:
Study Session — CTA -2014-0006 Subdivisions, Time Extensions
PIanner Micki Harnois gave the Commission a presentation regarding the proposed changes to the
Spokane Valley Municipal Code (SVMC) Section 20.30.060 Subdivision regulations related to time
extensions on a preliminary plat. Currently a plat will expire five years from the time of preliminary
plat approval. Ms. Harnois explained SVMC currently allows a single one-year extension beyond the
first five years allowed by state statute. Staff found there have been instances, where through no fault
of the developer, this time frame is still not long enough for completion of the plat process. Actual
examples staff encountered have been the public utilities cannot be extended to the property or the
developer is waiting for a FEMA map change. Ms. Hamois displayed a comparison chart showing
different jurisdictions and the time frames used in other areas of the state. Some allow an on-going
year by year extension, some allow a one-time only three year extension, some allow a three-year
extension and then an on-going year by year extension. All extensions must be applied for no less
than 30 days prior to the end of the time limit.
Ms. Hamois explained staff's recommendation is to allow an initial three-year extension and then a
continuing one-year extension at the discretion of the Community Development Director. Ms.
Barlow explained that at the time of the extension, additional conditions could be placed on the
project; if they were applicable.
The Commissioners questioned which rules would apply to the project. Ms. Barlow explained that
when a project is submitted and accepted, then the project is vested under the rules which are current
10-23-14 Planning Commission Minutes Page 1 of 2
at the time the project is accepted. However, if the circumstances were drastically different than
when the project was vested, staff would be able, at the time of extension only, to apply current
conditions to the project. The Commissioners questioned if this would be an opportunity to deny a
project. Ms. Barlow said the project would have already received preliminary approval. Applying
additional conditions would be a way to update the project to current standards, which might have
been updated during the time the plat was in the preliminary process. Ms. Barlow also commented
that City staff would work with anyone who is making a good faith effort to get their project
completed.
The public hearing for this proposed amendment is scheduled for Dec. 11, 2014
GOOD OF THE ORDER: Ms. Barlow shared there would be a small celebration for the adoption of the
City's Shoreline Master Plan at the next meeting.
ADJOURNMENT: There being no other business, the meeting was adjourned at 6:47 p.m.
Joe Stoy, Chairperson
Deanna Horton, Secretary
It_ 14
Date signed
1023-14 Planning Commission Minutes Page 2 of 2
Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall,
January 8, 2015
Secretary of the Commission Deanna Horton called the meeting to order at 6:00 p.m. Commissioners,
staff and audience stood for the pledge of allegiance. Ms. Horton took roll and the following members
and staff were present:
Kevin Anderson
Heather Graham
Tim Kelley
Mike Phillips
Susan Scott
Joe Stoy
Sam Wood
John Hohman, Community Development Director
Cary Driskell, City Attorney
Erik Lamb, Deputy City Attorney
Lori Barlow, Senior Planner
Christina Janssen, Planner
Karen Kendall, Planner
Martin Palaniuk, Planner
Micki Harnois, Planner
Deanna Horton, Secretary of the Commission
Commissioner Stoy moved to approve the January 8, 2014 amended agenda as presented. Motion passed
with a seven to zero vote.
Commissioner Anderson moved to approve the December 11, 2014 minutes as presented. The vote on the
minutes was seven to zero, the motion passed.
COMMISSION REPORTS: Commissioners had no report.
ADMINISTRATIVE REPORT: Sr. Planner Lori Barlow welcomed the new Commissioners, and
introduced the staff. Ms. Barlow stated the legislative update to the Comprehensive Plan would be an
upcoming project for the Commission; staff had begun work to schedule Planning Short Course for end of
February or early March. Deputy City Attorney Erik Lamb welcomed the Commission and shared that
the legal staff would be bringing forward training for the Commission on the open public meetings act
and public records.
PUBLIC COMMENT: There was no public comment.
COMMISSION BUSINESS:
Election of Officers: Ms. Horton conducted the election of officers. Ms. Horton asked for
nominations for the office of chair. Mr. Anderson nominated Joe Stoy for Chair. Having no other
nominations, Mr. Stoy was declared Chair for the year 2015. Ms. Horton asked for nominations for
the office of Vice Chair. Commissioner Phillips nominated Kevin Anderson for the office of Vice
Chair. There were no other nominations for Vice Chair and Mr. Anderson was declared the Vice
Chair for the year 2015.
Public Hearing — STV -2014-0001, vacation of a portion of Old Mission near Mission Parkway
and the Old Mission Trailhead.
Planner Karen Kendall explained STV -2014-0001 was a request to vacate approximately 3700 square
feet of the intersection of Mission Parkway and Old Mission Avenue. The property would be
absorbed by the property owner to the north and would be used to enhance the trailhead entrance.
Commissioner Anderson asked if the road to the trailhead for the Centennial Trail was a public road.
Ms. Kendell confirmed it was. Commissioner Wood asked if the vacation would impact any utility
easements, none would be impacted.
Commissioner Stoy opened the public hearing at 6:25 p.m. and took a vote to incorporate the staff
report into the public hearing which was approved by a vote of seven to zero. Commissioner Wood
asked to clarify the developer had given up property for the development of the Centennial Trial
01-08-15 Planning Commission Minutes Page 1 of 4
trailhead at this location. Staff responded the developer had worked closely with staff to develop the
area and had contributed to the development. Seeing no one who wished to testify, Chair Stoy closed
the public hearing at 6:29 p. m.
Commissioner Anderson moved to recommend approval to the City Council of STV -2014-0001. The
vote on this motion was seven to zero, motion passes.
Public Hearing — CTA -2014-0006, Subdivisions, Time Extensions
Commissioner Stoy opened the public hearing at 6:32 p.m. Planner Micki Harnois gave a staff report
regarding the change to chapter 20.30.060 regarding time extensions for final plat approvals.
Currently the City's code provides for a one time, one year extension if a plat cannot be completed in
the state allowed five year time period. Currently there is a situation where a developer cannot finish
his plat because he is waiting for a map change from FEMA. Staff is proposing to clean up some
language and to change the time to a request to an initial three year extension with one year
extensions afterward. Ms. Harnois noted that with the extensions, the director could apply conditions
to the project which would bring it into line with the current codes.
Ms. Harnois noted she had contacted several jurisdictions. Other time lines ranged from one one-year
extension with no other extensions allowed to an initial three year extension with one year extensions
at one year at a time. Commissioner Wood asked if the City of Spokane allowed a one year extension
and regardless of the situation, they did not allow another extension, which Ms. Harnois confirmed as
correct. Commissioner Anderson asked if the City took any responsibility to notify the developer that
the plat was getting close to expiring. Ms. Barlow stated as part of the staff report when preliminary
approval is received they are notified of the specific date the plat expires. If a plat expires the
developer can they reapply, but the process starts over. Commissioner Graham asked if staff was
aware of how many plats have needed an extension. Ms. Harnois stated the case where the developer
is waiting for a FEMA map change to finish his plat. She also asked if the extension is granted would
the development fall under new code. The plat would be vested in the code at the time of approval
however, the director could apply new conditions if it were warranted.
Seeing no one who wished to testify, Chair Stoy closed the public hearing at 6:46 p. m.
Commissioner Anderson moved to recommend approval to the City Council of CTA -2014-0006.
Commissioner Phillips commented that he is very much in favor of the proposal, he has had times
when he needed the extra time to finish a plat. He also stated that today most plats are fairly small,
but it depends on the size of the preliminary plat how quickly they can be completed. Most
developers are not willing to develop large subdivisions, so they do it in phases. This all takes time to
get thru all the requirements. Commissioner Phillips stated that he is very much in favor of this and
would like to see notices sent out when as things get close to expiring.
Commissioner Stoy stated he agrees with the proposal and feels the ending dates get forgotten. He
stated that maybe there could be a process to notify whoever is providing the developer and or the
civil plans notification stating that there plat is about to expire and that they have 30 days.
Mr. Lamb stated from a legal stand point these are the developer's plats and not the City's plats. It is
the developer's responsibility to remember the dates. If the City created a system of providing
notices, it could create a significant risk for the City and liability should one be missed. It is not
something that he can recommend from a legal standpoint.
The vote on this motion was seven to zero, motion passes.
Ms. Barlow explained to the Planning Commission that they would be deviating from the normal
process and they will be bringing back the findings CTA -2014-0006 to the Planning Commission that
evening for approval.
Study Session: CPA -2015-0001, Comprehensive Plan Annual amendment, a privately initiated
Comprehensive Plan Amendment located on Nora Ave. between Pines Rd and Mamer Rd.
01-08-15 Planning Commission Minutes Page 2 of 4
Ms. Barlow reviewed the Growth Management Act and Comprehensive Plan process before the
Study Session began.
Planner Christina Janssen began her study session regarding the first privately (citizen) initiated
Comprehensive Plan (Comp Plan) amendment. CPA -2015-0001 is a request to change from Office to
Community Commercial. The request is located on Nora Avenue between Pines Road and Mamer
Road. It is three parcels with one single family residence. It is bordered on the east and west by
Office, south by High Density Residential and north by Regional Commercial. The site has remained
fairly vacant for some years and the owner believes the change will make the property more
marketable.
Commissioner Anderson stated he did not agree with the staff report's statement that conditions have
changed beyond the property owners control because he looked and the property owner has not
owned the property long enough to have the conditions change. He also stated he did not know if the
property was still sitting vacant because of lack of marketing or failure of marketing. Ms. Janssen
commented staff have received many calls on this area because of the high visibility of it however,
the current zoning limits what people are able to do, which keeps people from looking at it harder.
She stated she felt that in the legislative update of the Comp Plan the area would be reviewed for
changes in general.
Ms. Janssen continued to explain one of the approval criteria for the change is the property must be
adjacent to the same or a higher classification than the request being made, which includes over a
right-of-way (ROW). In this case the property is adjacent to Regional Commercial across a ROW.
The right-of-way here is Interstate -90 (I-90). The Commissioners questioned the use of I-90 as a
connecting ROW as an approval criterion. Ms. Janssen stated that between the property and the
properties with the higher classification there was only ROW. Ms. Barlow also assisted in explaining
how the ROW, and I-90, is used to reach the approval criteria.
Commissioner Scott commented her concerns over the traffic. She said it is a 25 MPH road, with a
right turn only at Pines, and a steep grade at Mamer .Rd. She said she was concerned about the truck
traffic on the road. Ms. Janssen said she had spoken to the senior traffic engineer who said most
likely at the time of a building permit, he would be requiring mitigation at the Pines Rd. and Mission
Ave. intersection as well as the and Pines Rd. and Nora Ave. intersection because they are both
performing below standard. Commissioners asked about spot zoning in the middle of an area, with
no other similar zoning near it. Ms. Barlow stated she did not feel this was spot zoning, since the
approval criteria was across ROW and there was nothing but ROW in front of the property, to a
higher classification. She also expressed the area was one of concern for staff to review to a change
in the upcoming legislative update to the Comp Plan. She said she would not guess a change to what
but the office zone in the area was clearly not working for the properties there.
Study Session: CPA -2015-0002, Comprehensive Plan Annual amendment, a privately initiated
Comprehensive Plan Amendment located at the intersection of Mission Ave. and Flora Rd.
Planner Marty Palaniuk began his study session regarding the second privately (citizen) initiated
Comprehensive Plan (Comp Plan) amendment. CPA -2015-0002 is a request to change from Low
Density Residential (LDR) to Mixed Use Center (MUC). The request is located on the northwest
corner of Mission Avenue and Flora Road. It is two parcels with a greenhouse located on it. It is
bordered on the north and east by Low Density Residential and south and west by Mixed Use Center.
The site is just east of the street vacation which the Commission just recommended for approval. It is
located on two minor arterials.
Commissioner Anderson asked if the parcels to the south were vacant. Mr. Palaniuk confirmed they
were. Commissioner Anderson also asked how close the transit was, which is located at Mission and
Barker, but a distance could not be provided. He did not feel this was "close" as was indicated in the
staff report. Ms. Barlow commented in the future, exact distances would be used. Commissioner
Wood stated he could go either way on this, there seemed to be a natural boundary for the zoning at
Flora Rd. He also asked if the change would allow manufactured home parks. Mr. Palaniuk said it
01-08-15 Planning Commission Minutes Page 3 of 4
would not, Mr. Wood said he knew the property owner and knew they owned other manufactured
home parks. Commissioner Graham said she runs in the area and there are no sidewalks in the area.
Ms. Barlow commented any commercial development would be required to put in frontage
improvements at the time of development, however single family development might trigger the
same.
Findings of Fact: CTA -2014-0006, Subdivisions, Time Extensions.
Ms. Harnois handed out the Planning Commission findings of fact for review. She commented once
the Findings are signed they will move on to City Council. Mr. Lamb explained the primary purpose
of the findings is to layout the basis for determining the compliance with the City's code in providing
the recommendation of approval of the code text amendment. There are two approval criteria for
code text amendments, the first is that the amendment is consistent with applicable provisions of the
Comp Plan and the second is that it bears a substantial relation to the public health, safety, welfare,
and protection of the environment. As staff explained during the staff report in earlier in the evening,
there are various goals and polices set out in the Comp Plan which apply to this specific amendment,
and in these findings they have outlined the goals and polices which staff feel are applicable, which
the Commission would ultimately approve. The second would be the general public health, safety,
welfare, which is a vague term for a text amendment, which is at times difficult to determine. The
vote on the findings is more on the basis for the recommendation, not the recommendation itself.
Commissioner Anderson asked why the conclusions on the findings were not the same as the
conclusions on the staff report. Mr. Lamb also pointed out to the Commission they are allowed to
change the findings if they do not agree with them. Commissioner Anderson stated they were two
different sentences. In the staff report it states the overall conclusion is consistent with the Comp
Plan policies and goals and on the findings it states it is consistent with the City's adopted Comp Plan
and the approval criteria. Mr. Lamb stated in the future that staff would work to make sure the staff
report and findings reflected the same language however, this did say the same thing in a different
way.
Commissioner Philips asked to verify that the language underline and strike through language would
be attached to the findings as part of the record.
Commissioner Anderson moved to recommend approval to the City Council the Findings of Fact for
CTA -2014-0006 as presented. The vote on this motion was seven to zero, motion passes.
GOOD OF THE ORDER: Commissioner Anderson asked how the Commission would go about
amending the public hearing script from the Planning Commission's Rules of Procedure. Mr. Lamb and
Ms. Horton shared with the Commission in the Rules of Procedure allow for updates in the odd numbered
years, and staff would assist in reviewing the script.
ADJOURNMENT: There being no other business, the meeting was adjourned at 8:19 p.m.
APPROVED
Joe Stoy, Chairperson Date signed
Deanna Horton, Secretary
01-08-15 Planning Commission Minutes Page 4 of 4
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 10, 2015
Check all that apply: ❑ consent ❑ old business
❑ information ❑ admin. report
Department Director Approval:
® new business ❑ public hearing
❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Motion Consideration: 2015 Street Sweeping Services Bid Award
GOVERNING LEGISLATION: RCW chapter 39.04; RCW 90.48; Chapter 173-200 WAC; Title
33 U.S.C. 1251-1376
PREVIOUS COUNCIL ACTION TAKEN: Approval of Street Sweeping Services Agreement in
2007 and all subsequent annual renewals.
BACKGROUND: The previous agreement for Street Sweeping Services expired at the end of
2014, and staff prepared a request for bid (RFB) for these services for 2015. Specifications
from the previous bid were evaluated and updated to add the ability to use a vacuum sweeper in
certain circumstances, a line item for use of a foreman during spring and fall work, and
discontinuing the kick -broom sweeper requirement. The RFB also called for an initial agreement
with up to four one-year renewal options.
The RFB for the 2015 Street Sweeping Services was advertised on December 26, 2014 and
January 2, 2015, and a bid opening occurred on January 23, 2015. One bid proposal was
received from AAA Sweeping, LLC. The proposal was reviewed by staff and found to be
responsive and acceptable. The difference between the bid and staff's estimate is .4% ($2,072).
This is under the 2015 budget of $490,200, which has not changed since 2009. A tabulation of
bid results is attached.
Staff recommends proceeding to award a contract to AAA Sweeping, LLC. for street sweeping
services up to $490,200 in 2015.
OPTIONS: 1) Award the Street Sweeping Services Bid to the lowest responsive and
responsible bidder, 2) not award the contract, or 3) provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: Move to award the 2015 Street Sweeping Services
to AAA Sweeping, LLC. for an initial contract amount not to exceed $490,200.00 and authorize
the City Manager to finalize and execute a contract for the services.
BUDGET/FINANCIAL IMPACTS: The estimated cost for this work in 2015 is $490,200 and will
be financed from Fund #101 Street Fund and Fund #402 Storm Management Fund.
STAFF CONTACT: Eric Guth — Public Works Director
Art Jenkins — Stormwater Engineer
ATTACHMENTS: Bid Tabulation; Contract and Price Proposal
BID TABULATION
2015 Street Sweeping Services
Bid No. 14-059 - Bid Opening Date 01/23/2015
Spokkn
� . MiHey
Item Units Quantity
Engineers Estimate
AAA Sweeping, LLC
Unit Price
Total Cost
Unit Price
Total Cost
Sweeping, Mechanical Type
Hours
60
$153.84
$9,230.40
$156.05
$9,363.00
Sweeping, Regenerative Air Type
Hours
1800
$153.84
$276,912.00
$155.98
$280,764.00
Sweeping, High Efficiency Vacuum Type
Hours
700
$155.00
$108,500.00
$155.90
$109,130.00
Water Truck or Truck -Mounted Power Washer
Hours
450
$114.34
$51,453.00
$116.83
$52,573.50
Foreman
Hours
200
$75.00
$15,000.00
$55.00
$11,000.00
Dump Truck
Hours
200
$114.34
$22,868.00
$116.32
$23,264.00
Loader
Hours
35
$112.67
$3,943.45
$111.00
$3,885.00
Total Bid Schedule -
$487,906.85
$489,979.50
Bid Opening Checklist
Price Proposal
Non -Collusion Declaration
Bid Deposit Form & Bond
Contractor's Statement of Responsibility
AAA Sweeping, LLC
YES
YES
YES
YES
Contract # 15-020
AGREEMENT FOR PROFESSIONAL SERVICES
AAA Sweeping LLC
Street Sweeping Services
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and AAA Sweeping LLC, hereinafter "Consultant," jointly referred to as
"Parties."
IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows:
1. Work to Be Performed. Consultant shall provide all labor, services and material to satisfactorily complete
the incorporated Scope of Services.
A. Administration. The City Manager or designee shall administer and be the primary contact for
Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee
to review the Scope of Services, schedule and date of completion. The Scope of Services is
incorporated hereto as Exhibit 3. Upon notice from the City Manager or designee, Consultant shall
commence work, perform the requested tasks in the Scope of Services, stop work and promptly cure
any failure in performance under this Agreement.
B. Representations. City has relied upon the qualifications of Consultant in entering into this
Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill and
resources necessary to perform the work and is familiar with all current laws, rules and regulations
which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be
made without the prior written consent of City.
Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient
compensation for its timely provision of all professional services required to complete the Scope of
Services under this Agreement.
Consultant shall be responsible for the technical accuracy of its services and documents resulting
therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct such deficiencies without additional compensation except to the extent such action is directly
attributable to deficiencies in City furnished information.
C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by
professional consultants engaged in the same profession, and performing the same or similar services
at the time such services are performed.
D. Modifications. City may modify this Agreement and order changes in the work whenever
necessary or advisable. Consultant will accept modifications when ordered in writing by the City
Manager or designee. Compensation for such modifications or changes shall be as mutually agreed
between the Parties. Consultant shall make such revisions in the work as are necessary to correct
errors or omissions appearing therein when required to do so by City without additional compensation.
2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in
effect until December 31, 2015.
Agreement for Professional Services Page 1 of 6
Contract # 15-020
The City may extend the contract for up to four additional one year terms, which will commence on or about
January 1 of each year and end on December 31 of that year. The City will give the contractor written notice
of its intent to extend the contract at least sixty days before the contract term expires. The total duration of the
contract shall not exceed five years.
Either Party may terminate this Agreement for material breach after providing the other Party with at least ten
days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for
any reason by ten days' written notice to Consultant. In the event of termination without breach, City shall pay
Consultant for all work previously authorized and satisfactorily performed prior to the termination date.
3. Compensation. City agrees to pay Consultant a total not to exceed $490,200 based on the hourly rates
submitted in the bid as full compensation for everything done under this Agreement. Consultant shall not
perfolin any extra, further or additional services for which it will request additional compensation from City
without a prior written agreement for such services and payment therefore.
4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for
payment shall be sent to the City Finance Department at the below stated address.
City reserves the right to withhold payment under this Agreement which is determined in the reasonable
judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City
Code, and federal or state standards.
5. Notice. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name: Christine Bainbridge, City Clerk
Phone: (509) 921-1000
Address: 11707 East Sprague Ave, Suite 106
Spokane Valley, WA 99206
Name: AAA Sweeping LLC
Phone: 509-922-1363
Address: PO Box 624
Veradale, WA 99037
6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with
all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction
documents, and services shall confirm to all federal, state and local statutes and regulations.
7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions.
A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it
and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission or fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction; violation of federal or state antitrust
statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
Agreement for Professional Services Page 2 of 6
Contract # 15-020
3. Are not presently indicted for or otherwise criminally or civilly charged by a govemmental
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph (A)(2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this Agreement.
8. Relationship of the Parties. It is understood, agreed and declared that Consultant shall be an independent
contractor, and not the agent or employee of City, that City is interested in only the results to be achieved, and
that the right to control the particular manner, method and means in which the services are performed is solely
within the discretion of Consultant. Any and all employees who provide services to City under this Agreement
shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and
actions of all its employees under this Agreement and any liability that may attach thereto.
9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by
Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure
pursuant to RCW 42.56 or other applicable public record laws. The written, graphic, mapped, photographic, or
visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed
the property of City. City shall be permitted to retain these documents, including reproducible camera-ready
originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the
City's use. City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or
in part, any reports, data, drawings, images or other material prepared under this Agreement, provided that
Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended
purpose.
10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to
examine during normal business hours all of Consultant's records with respect to all matters covered in this
Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from
such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by
this Agreement for a period of three years from the date final payment is made hereunder.
11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below:
1. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors and
personal injury and advertising injury. City shall be named as an insured under Consultant's
commercial general liability insurance policy with respect to the work performed for the City.
Agreement for Professional Services Page 3 of 6
Contract # 15-020
3. Workers' compensation coverage as required by the industrial insurance laws of the State
of Washington.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits:
1. Automobile liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
2. Commercial general liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the
following provisions for automobile liability, professional liability and commercial general liability
insurance:
1. Consultant's insurance coverage shall be primary insurance with respect to City. Any
insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of
Consultant's insurance and shall not contribute with it.
2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation
notice within two business days of receipt by Consultant.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A:VII.
E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant
returns the signed Agreement. The certificate shall specify all of the parties who are additional
insureds, and will include applicable policy endorsements, and the deduction or retention level.
Insuring companies or entities are subject to City acceptance. If requested, complete copies of
insurance policies shall be provided to City. Consultant shall be financially responsible for all
pertinent deductibles, self-insured retentions, and/or self-insurance.
12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify and hold
harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss,
costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating
to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by Consultant,
Consultant's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law,
subject only to the limitations provided below.
Consultant's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising
out of such services caused by or resulting from the sole negligence of City or City's agents or employees.
Consultant's duty to defend, indemnify and hold harmless City against liability for damages arising out of such
services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Consultant,
Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the
negligence of Consultant, Consultant's agents, subcontractors, subconsultants and employees.
Agreement for Professional Services Page 4 of 6
Contract # 15-020
Consultant's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses
and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, and the reasonable
value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for
collection, and all other claim -related expenses.
Consultant specifically and expressly waives any immunity that may be granted it under the Washington State
Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable to or for any third party
under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that
Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and
does not include, or extend to, any claims by Consultant's employees directly against Consultant.
Consultant hereby certifies that this indemnification provision was mutually negotiated.
13. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the power,
right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance
shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this
Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy
provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this
Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be
construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof.
14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the
responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent
of the other Party.
15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of
the work contemplated under this Agreement without obtaining prior written approval of City.
16. Confidentiality. Consultant may, from time to time, receive information which is deemed by City to be
confidential. Consultant shall not disclose such information without the prior express written consent of City
or upon order of a court of competent jurisdiction.
17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes
between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane
County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in
any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or
that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)
decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court
having jurisdiction thereof.
18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees).
19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the
Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or
altered except in writing signed by the Parties hereto.
20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or
Agreement for Professional Services Page 5 of 6
Contract # 15-020
action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited,
accepted or granted a present or future gift, favor, service or other thing of value from any person with an
interest in this Agreement.
21. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register
with the City as a business.
22. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for
any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section,
sentence, clause or phrase of this Agreement.
23. Exhibits. Exhibits incorporated into this Agreement are:
1. Price Proposal
2. Insurance Certificates
3. Specifications for Street Sweeping Services
The Parties have executed this Agreement this day of , 2015.
CITY OF SPOKANE VALLEY Consultant:
Mike Jackson, City Manager By:
Its: Authorized Representative
ATTEST: APPROVED AS TO FORM:
Christine Bainbridge, City Clerk Office of the City Attorney
Agreement for Professional Services Page 6 of 6
SVPW # 14-059 — Attachment D, Part .1
PRICE PROPOSAL
2015 STREET SWEEPING SERV
JAN23 2015
Of Spokane
kvll
City
Clerk ey
Having carefully examined the Request for Bid and Specifications, the undersigned proposes to fu
Street Sweeping Services and meet all other terms and conditions of this Request for Bid and referenced
Specifications within (30) days of full execution of such Agreement for unit price amounts set forth
below.
Task/Item
Est.
Unit
Unit Price
Bid
Sweeping, Mechanical Type
60
Hours
�
it is'6 -----
$ 93 3
Sweeping, Regenerative Air
Type
1800
Hours
18
,��
p /
$ 2 0 7P et
Sweeping, High Efficiency
Vacuum Type
700
Hours
4 �
$ /`0 7 / 3 [)
Water Truck or Truck-
Mounted Power Washer
450
Hours
1 16
$ J �y/�
Foreman
200
Hours
4-s
$ / / 0 U 0
Dump Truck
200
Hours
4411 6—
1
$ 2 3 9
2 6' /
Loader
35
Hours
$ / / /
/
$ 38 8S
Total Annual Bid:
$ %
The undersigned individual represents and warrants that he or she is duly authorized to execute the bid on
behalf of any partnership, joint venture or corporation.
,1,4,4 s61-efp, 9 LL c
Company Name:
Street Address: 3c'�O 8 /" 5;,/ ,"vo,, 8/6 /07
City, State, & Zip Code:
Signature:
Printed Name &Title: -- .-S; y -,.y p , � �� , e.. -i-
,4 -7,„-,.q
Phone Number: S' `1 7 2 2 v/ 3 e 3
Email Address: 4163 , / 4,4 A S-A)ee7
Date: ,, u vt r y Z/ 2 O /�
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 10, 2015 Department Director:
Check all that apply: ❑ consent n old business n new business n public hearing
❑ information ® admin. report n pending legislation
AGENDA ITEM TITLE: Proposed Street Vacation (STV -2014-0001) — Vacation of unimproved,
triangle shaped area along Old Mission Avenue, 3,688 square feet in size.
GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; RCW 35A.47.020
and RCW 35.79
PREVIOUS ACTION TAKEN: The City Council was presented an overview of proposal on December
2, 2014. At the December 9, 2014 City Council meeting a public hearing date was scheduled with the
Planning Commission for January 8, 2015.
BACKGROUND: The City received an application on November 12, 2014 by J.R. Bonnett Engineers,
on behalf of the owner River Sequel, LLC (Fritz Wolff), requesting the vacation of an unimproved
triangle shaped area along Old Mission Avenue, 3,688 square feet in size. The portion of right-of-way
proposed to be vacated is located at the intersection of Old Mission Avenue and Mission Parkway
adjacent to Assessor's tax parcel number 45124.0138.
The Planning Commission conducted a study session on December 11, 2014 and a public hearing on
January 8, 2015. Following public testimony and deliberations, the Planning Commission voted 7 - 0 to
recommend approval of the proposed street vacation. The findings and recommendations were approved
by the Planning Commission on January 22, 2015.
OPTIONS: Consensus to proceed with first ordinance reading as proposed; or take other action
deemed appropriate.
RECOMMENDED ACTION: Consensus to proceed with a first ordinance reading at the February 24,
2015 Council meeting.
STAFF CONTACT: Karen Kendall, Planner
ATTACHMENTS:
A. Signed Planning Commission Findings and Recommendation
B. Staff Report and Recommendation to the Planning Commission
C. PC Meeting Minutes December 11, 2014
D. PC Meeting Minutes January 8, 2015
E. Administrative Report Presentation
Page 1 of 1
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
January 22, 2015
The following findings are consistent with the Planning Commission's decision to recommend
approval of File No. STV -2014-0001, vacating a portion of Old Mission Avenue.
A. Background:
1. Chapter 22.140 of the Spokane Valley Municipal Code (SVMC), governing street
vacations, was adopted in September 2007 and became effective on October 28,
2007.
2. The privately -initiated street vacation, STV -2014-0001, proposes to vacate an
unimproved triangle shaped area along Old Mission Avenue 3,688 square feet in
size.
3. The Planning Commission held a public hearing on January 8, 2015 and voted 7-0 to
recommend a conditional approval of the street vacation (STV -2014-0001) to City
Council.
B. Planning Commission Findings:
Compliance with SVMC 22.140.030 Planning Commission review and
recommendation
Finding(s):
1. Whether a change of use or vacation of the street or alley will better serve the
public?
The area proposed to be vacated is raw land without pavement, curb or gutter.
Vacating the right-of-way will allow the property owner developing a multi -family
development to the north a landscaped area for enhanced aesthetics at the entry to
the Centennial Trailhead and apartment entrance. The vacation is expected to have
no impact on the general public and does not impede access or circulation.
2. Whether the street or alley is no longer required for public use or public
access?
The right-of-way being vacated is currently vacant land not being utilized for public
use or access and is not required for current or future public use or access.
3. Whether the substitution of a new and different public way would be more
useful to the public?
There is no need for a new and different public way.
4. Whether conditions may so change in the future as to provide a greater use or
need than presently exists?
It is not anticipated that changes would occur in the future which would require use
of the subject right-of-way for public access. Staff received comments from
Spokane Transit Authority (STA) stating there is no current service to the area.
Further conversation with STA indicated that future development will likely
warrant an STA bus route. At that time they will have the flexibility to work with
Finding and Recommendations of the Spokane Valley Planning Commission Page 1 of 3
the City and/or property owner to assess the best location for a bus stop along
Mission and Indiana Parkway.
5. Whether objections to the proposed vacation are made by owners of private
property (exclusive of petitioners) abutting the street or alley or other
governmental agencies or members of the general public?
Staff received 1 public comment in support of the proposed vacation from a
neighboring property owner. Avista Utilities confirmed they have gas and electric
utilities in the right-of-way and request preservation of utilities. Spokane County
Utilities and Consolidated Irrigation District provided no objection as they have no
facilities within the area proposed to be vacated.
C. Conclusions:
The findings confirm criteria set forth in SVMC 22.140.030 have been met.
D. Recommendation:
Planning Commission recommends City Council approve the vacation of an unimproved
triangle shaped area along Old Mission Avenue 3,688 square feet in size subject to the
following:
1. The completion of the street vacation (File No. STV -2014-0001) including all
conditions below shall be submitted to the City for review within ninety (90) days
following the effective date of approval by the City Council.
2. The vacated property shall be transferred into the abutting parcel 45124.0138.
3. All necessary easements required by Avista shall be prepared and recorded with
coordination between the property owner and utility purveyor. The easement with
recording number shall be shown on the record of survey and written
documentation of easement submitted to City for verification.
4. Following the City Council's passage of the ordinance approving the street
vacation, a record of survey of the area to be vacated, prepared by a registered
surveyor in the State of Washington including an exact metes and bounds legal
description, and specifying any and all applicable easements for construction, repair
and maintenance of existing and future utilities and services, shall be submitted by
the proponent to the Director of Community and Economic Development, or
designee for review.
5. The surveyor shall locate at least two monuments on the centerline of the vacated right-of-
way with one located at the intersection of the centerline of the vacated right-of-way with
each street or right-of-way in accordance with the standards established by the City of
Spokane Valley Street Standards.
6. All direct and indirect costs of title transfer of the vacated street from public to
private ownership including but not limited to title company charges, copying fees,
Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 3
and recording fees are to be borne by the proponent. The City will not assume any
fmancial responsibility for any direct or indirect costs for the transfer of title.
7. The zoning district designation of the properties adjoining the street to be vacated
shall be automatically extended to the center of such vacation, and all area included
in the vacation shall then and henceforth be subject to all regulations of the districts.
The adopting ordinance shall specify this zoning district extension inclusive of the
applicable zoning district designations.
8. The record of survey and certified copy of the ordinance shall be recorded by the
City Clerk in the office of the Spokane County Auditor.
9. All conditions of City Council authorization shall be fully satisfied prior to any
transfer of title by the City.
Approved this 22"d day of January, 2015
Joe Stoy, Chairman
ATTEST
Deania Horton, Administrative Assistant
Findings and Recommendations of the Spokane Valley Planning Commission Page 3 of 3
Spokane
.,.OValley
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
STAFF REPORT AND RECOMMENDATION
FILE No: STV -2014-0001
STAFF REPORT DATE: December 31, 2014
FILE NO: STV -2014-0001
PROPOSAL DESCRIPTION: Request to vacate an unimproved triangle shaped area along Old
Mission Avenue approximately 3,688 square feet in size.
STAFF PLANNER: Karen Kendall, Planner, Community Development Department
PROPOSAL LOCATION: The area is located south of parcel 45124.0138, addressed as 16801 East
Mission Parkway, intersection of Old Mission Avenue and Mission Parkway, further located in the SE
quarter of Section 12, Township 25 North, Range 44 East, Willamette Meridian, Spokane Valley,
Washington
PROPERTY OWNER: Fritz Wolff, River Sequel, LLC; 220 West Main; Spokane, WA 99201
APPLICANT: Mark Grandwolh, J.R. Bonnett Engineers; 803 E 3rd Avenue; Spokane, WA 99202
APPROVAL CRITERIA:
1. SVMC — Title 22 (Street Vacations)
2. SVMC - Title 21 (Environmental Controls)
3. City of Spokane Valley Street Standards
ATTACHMENTS:
Exhibit 1: Vicinity Map
Exhibit 2: Aerial Map
Exhibit 3: Application Material
Exhibit 4: Notice of Public Hearing
Exhibit 5: Agency Comments
Exhibit 6: Public Comment
I. PROPERTY INFORMATION
Size and Characteristics:
The area is 3,688 square feet located behind a newly constructed
sidewalk connecting Mission Parkway with Centennial Trailhead.
It is flat and consists of native plants and weeds until such time the
weather permits for planting of grass.
Comprehensive Plan
Designation:
Mixed Use Center (MUC)
Zoning of Property:
Mixed Use Center (MUC)
Existing Land Use:
Vacant. Multifamily development located northwest of the right-
of-way is currently under construction.
Staff Report and Recommendation STV -2014-0001
December 31, 2014
Page 1 of 4
II. STAFF ANALYSIS OF PROPOSAL
A. COMPLIANCE WITH SPOKANE VALLEY MUNICIPAL CODE (SVMC) TITLE 22.140.030 —
STREET VACATIONS
Findings:
1. Whether a change of use or vacation of the street or alley will better serve the
public?
The area proposed to be vacated is raw land without pavement, curb or gutter.
Vacating the right-of-way will allow the property owner developing a multi -family
development to the north a landscaped area for enhanced aesthetics at the entry to the
Centennial Trailhead and apartment entrance. The vacation is expected to have no
impact on the general public and does not impede access or circulation..
2. Whether the street or alley is no longer required for public use or public access?
The right-of-way being vacated is currently vacant land not being utilized for public use
or access and is not required for current or future public use or access. Should future
development realign Mission and Indiana Parkway, intersection improvements at
Mission Avenue will be reviewed and right-of-way needs assessed through agreement
with the future development.
3. Whether the substitution of a new and different public way would be more useful
to the public?
No. There is no need for a new and different public way.
4. Whether conditions may so change in the future as to provide a greater use or
need than presently exists?
It is not anticipated that changes would occur in the future which would require use of
the subject right-of-way for public access. Should future development realign Mission
and Indiana Parkway, intersection improvements at Mission Avenue will be reviewed
and right-of-way needs assessed through agreement with the future development. Staff
received comments from Spokane Transit Authority (STA) stating there is no current
service to the area. Further conversation with STA indicated that future development
will likely warrant an STA bus route. At that time they will have the flexibility to work
with the City and/or property owner to assess the best location for a bus stop along
Mission and Indiana Parkway.
5. Whether objections to the proposed vacation are made by owners of private
property (exclusive of petitioners) abutting the street or alley or other
governmental agencies or members of the general public?
Staff received 1 public comment for the proposed vacation from a neighboring property
owner. Avista Utilities confirmed they have gas and electric utilities in the right-of-
way and request preservation of utilities. Spokane County Utilities and Consolidated
Irrigation District provided no objection as they have no facilities within the area
proposed to be vacated.
Staff Report and Recommendation STV -2014-0001 Page 2 of 4
December 31, 2014
Conclusions:
The findings confirm criteria set forth in SVMC 22.140.030 have been met.
B. COMPLIANCE WITH SVMC TITLE 21— ENVIRONMENTAL CONTROLS
The Planning Division has reviewed the proposed project and has determined that the project is
categorically exempt pursuant to WAC 197-11-800 and SVMC 21.20.040 from environmental
review under the provisions of the State Environmental Policy Act (SEPA).
III. PUBLIC COMMENTS
Findings: Staff received 1 public comment from Bob Boyle of Hanson Industries on
December 30, 2014 in favor of the proposed street vacation.
Conclusion(s):
A Notice of Public Hearing sign was posted on the property December 19, 2014 and notices
were posted in the Spokane Valley Public Library, City of Spokane Valley permit center and
main reception area the same day. Public hearing notices were mailed to a 400' radius of the
site on December 18, 2014 and notice was published in the Spokane Valley Herald on
December 19, 2014 and December 26, 2014. Staff concludes that adequate public noticing was
conducted for STV -2014-0001 in accordance with adopted public noticing procedures.
IV. AGENCY COMMENTS
Comments were received from the following agencies and are attached as exhibits to this staff
report:
1. City of Spokane Valley Public Works Department (Traffic Engineer)
2. Spokane Transit Authority
3. Avista Utilities
4. Spokane County Utilities
5. Consolidated Irrigation District
V. OVERALL CONCLUSIONS AND FINDINGS
Staff concludes that STV -2014-0001 as proposed is generally consistent, or will be made
consistent, through the recommended conditions of approval based on the approval criteria
stated herein.
RECOMMENDATION:
Approve the vacation of an unimproved triangle shaped area along Old Mission Avenue
approximately 3,688 square feet in size subject to the following:
1. The completion of the street vacation (File No. STV -2014-0001) including all conditions
below shall be submitted to the City for review within ninety (90) days following the
effective date of approval by the City Council.
2. The vacated property shall be transferred into the abutting parcel 45124.0138.
Staff Report and Recommendation STV -2014-0001 Page 3 of 4
December 31, 2014
3. All necessary easements required by Avista shall be prepared and recorded with
coordination between the property owner and utility purveyor. The easement with
recording number shall be shown on the record of survey and written documentation of
easement submitted to City for verification.
4. Following the City Council's passage of the ordinance approving the street vacation, a
record of survey of the area to be vacated, prepared by a registered surveyor in the State of
Washington including an exact metes and bounds legal description, and specifying any
and all applicable easements for construction, repair and maintenance of existing and future
utilities and services, shall be submitted by the proponent to the Director of Community
Development, or designee for review.
5. The surveyor shall locate at least two monuments on the centerline of the vacated right-of-
way with one located at the intersection of the centerline of the vacated right-of-way with
each street or right-of-way in accordance with the standards established by the City of
Spokane Valley Street Standards.
6. All direct and indirect costs of title transfer of the vacated street from public to private
ownership including but not limited to title company charges, copying fees, and recording
fees are to be borne by the proponent. The City will not assume any financial
responsibility for any direct or indirect costs for the transfer of title.
7. fhe zoning district designation of the properties adjoining the street to be vacated shall be
automatically extended to the center of such vacation, and all area included in the vacation
shall then and henceforth be subject to all regulations of the districts. The adopting
ordinance shall specify this zoning district extension inclusive of the applicable zoning
district designations.
8. The record of survey and certified copy of the ordinance shall be recorded by the City
Clerk in the office of the Spokane County Auditor.
9. All conditions of City Council authorization shall be fully satisfied prior to any transfer of
title by the City.
Staff Report and Recommendation STV -2014-0001 Page 4 of 4
December 31, 2014
Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall,
December 11, 2014
Chair Stoy called the meeting to order at 6:04 p.m. Commissioners, staff and audience stood for the
pledge of allegiance. Ms. Horton took roll and the following members and staff were present:
Kevin Anderson
Christina Carlsen
Robert McCaslin
Mike Phillips, Absent - Excused
Steven Neill
Joe Stoy
Sam Wood
John Hohman, Community Development Director
Cary Driskell, City Attorney
Karen Kendall, Planner
Deanna Horton, Secretary
Hearing no objection, the Chair excused Commissioner Phillips.
Commissioner Carlsen moved to approve the December 11, 2014 agenda as presented. Commissioner
Stoy noted the public hearing on CTA -2014-0006 regarding time extensions on a preliminary plats would
be held at the January 8, 2015 meeting. Motion passed with a six to zero vote.
Commissioner Carlsen moved to approve the November 13, 2014 minutes as presented The vote on the
minutes was six to zero, the motion passed
COMMISSION REPORTS: Commissioner Wood reported he attended the Greater Spokane Valley
Chamber meeting, commenting the Chamber had reported a new sports complex will be built in the city
of Spokane and that development could be occurring around the Mirabeau Park area. Commissioner
McCaslin reported he had spent time with the Central Valley Key Club who were working on blankets for
the Under the Bridge project.
ADMINISTRATIVE REPORT: Community Development Director John Hohman informed the
Commissioners the City Council had finished the local adoption process for the Shoreline Master
Program which will now be sent to the Dept. of Ecology for the final step. Mr. Hohman also
acknowledged and thanked departing Commissioners Neill, McCaslin and Carlsen for their service for
their years of service. These Commissioners' terms are end Dec. 31, 2014.
PUBLIC COMMENT: There was no public comment.
COMMISSION BUSINESS:
Study Session — STV -2014-0001, vacation of a portion of Old Mission near Mission Parkway
and the Old Mission Trailhead.
Planner Karen Kendall explained the street vacation process, the application is received requesting to
vacate a portion of right-of-way, the City Council sets the public hearing before the Planning
Commission. The application is routed for comments to staff such as Public Works and engineering,
and outside agencies. Staff prepares a recommendation taking into account connectivity, traffic
volumes and future development. The Planning Commission holds the public hearing and makes a
recommendation which is forwarded to the City Council. The City Council then makes the final
decision regarding vacating the right-of-way.
Ms. Kendall explained STV -2014-0001 was a request to vacate approximately 3700 square feet of the
intersection of Mission Parkway and Old Mission Avenue at the trailhead to for the Centennial Trail.
The property would be absorbed by the property owner to the north and would be used to enhance the
trailhead entrance. Director Hohman explained the cooperation and contributions the developer has
10-23-14 Planning Commission Minutes Page 1 of 2
had with the City through this phase of the project and the previous phase and how he is improving
the trailhead in this location.
Commissioners had a few questions regarding the vacation, clarifying the City was not using it as
right-of-way currently, that the property had not been appraised, how the developer would be using
the property, the vacation is not a request to expand the development to the north.
Having no further questions, Ms. Kendall confirmed the public hearing for this proposal is scheduled
for January 8, 2015.
GOOD OF THE ORDER: Ms. Horton reminded the Commission elections for Chair and Vice Chair
would be held at the next meeting and the rules on who could hold those positons were in the Planning
Commission Rules of Procedure.
Mr. Neill, Mr. McCaslin and Ms. Carlsen all said farewell and thank you for the time spent in their
positions and for the experience gained as Commissioners.
Deputy City Attorney Lamb thanked the departing Commissioners for their service and commented to the
remaining Commissioners regarding the moratorium on medical marijuana businesses. Mr. Lamb
mentioned how the review of any regulations would be coming to the Planning Commission
consideration and the City is waiting to see how the State will regulate the medical side of the marijuana
businesses.
ADJOURNMENT: There being no other business, the meeting was adjourned at 6:45 p.m.
Joe Stoy, Chairperson Date signed
.Cina
Deanna Horton, Secretary
10-23-14 Planning Commission Minutes Page 2 of 2
Minutes
Spokane Valley Planning Commission
Council Chambers — City Hall,
January 8, 2015
Secretary of the Commission Deanna Horton called the meeting to order at 6:00 p.m. Commissioners,
staff and audience stood for the pledge of allegiance. Ms. Horton took roll and the following members
and staff were present:
Kevin Anderson
Heather Graham
Tim Kelley
Mike Phillips
Susan Scott
Joe Stoy
Sam Wood
John Hohman, Community Development Director
Cary Driskell, City Attorney
Erik Lamb, Deputy City Attorney
Lori Barlow, Senior Planner
Christina Janssen, Planner
Karen Kendall, Planner
Martin Palaniuk, Planner
Micki Harnois, Planner
Deanna Horton, Secretary of the Commission
Commissioner Stoy moved to approve the January 8, 2014 amended agenda as presented. Motion passed
with a seven to zero vote.
Commissioner Anderson moved to approve the December 11, 2014 minutes as presented. The vote on the
minutes was seven to zero, the motion passed.
COMMISSION REPORTS: Commissioners had no report.
ADMINISTRATIVE REPORT: Sr. Planner Lori Barlow welcomed the new Commissioners, and
introduced the staff. Ms. Barlow stated the legislative update to the Comprehensive Plan would be an
upcoming project for the Commission; staff had begun work to schedule Planning Short Course for end of
February or early March. Deputy City Attorney Erik Lamb welcomed the Commission and shared that
the legal staff would be bringing forward training for the Commission on the open public meetings act
and public records.
PUBLIC COMMENT: There was no public comment.
COMMISSION BUSINESS:
Election of Officers: Ms. Horton conducted the election of officers. Ms. Horton asked for
nominations for the office of chair. Mr. Anderson nominated Joe Stoy for Chair. Having no other
nominations, Mr. Stoy was declared Chair for the year 2015. Ms. Horton asked for nominations for
the office of Vice Chair. Commissioner Phillips nominated Kevin Anderson for the office of Vice
Chair. There were no other nominations for Vice Chair and Mr. Anderson was declared the Vice
Chair for the year 2015.
Public Hearing — STV -2014-0001, vacation of a portion of Old Mission near Mission Parkway
and the Old Mission Trailhead.
Planner Karen Kendall explained STV -2014-0001 was a request to vacate approximately 3700 square
feet of the intersection of Mission Parkway and Old Mission Avenue. The property would be
absorbed by the property owner to the north and would be used to enhance the trailhead entrance.
Commissioner Anderson asked if the road to the trailhead for the Centennial Trail was a public road.
Ms. Kendell confirmed it was. Commissioner Wood asked if the vacation would impact any utility
easements, none would be impacted.
Commissioner Stoy opened the public hearing at 6:25 p.m. and took a vote to incorporate the staff
report into the public hearing which was approved by a vote of seven to zero. Commissioner Wood
asked to clarify the developer had given up property for the development of the Centennial Trial
01-08-15 Planning Commission Minutes Page 1 of 4
trailhead at this location. Staff responded the developer had worked closely with staff to develop the
area and had contributed to the development. Seeing no one who wished to testify, Chair Stoy closed
the public hearing at 6:29 p. m.
Commissioner Anderson moved to recommend approval to the City Council of STV -2014-0001. The
vote on this motion was seven to zero, motion passes.
Public Hearing — CTA -2014-0006, Subdivisions, Time Extensions
Commissioner Stoy opened the public hearing at 6:32 p.m. Planner Micki Harnois gave a staff report
regarding the change to chapter 20.30.060 regarding time extensions for fmal plat approvals.
Currently the City's code provides for a one time, one year extension if a plat cannot be completed in
the state allowed five year time period. Currently there is a situation where a developer cannot finish
his plat because he is waiting for a map change from FEMA. Staff is proposing to clean up some
language and to change the time to a request to an initial three year extension with one year
extensions afterward. Ms. Harnois noted that with the extensions, the director could apply conditions
to the project which would bring it into line with the current codes.
Ms. Harnois noted she had contacted several jurisdictions. Other time lines ranged from one one-year
extension with no other extensions allowed to an initial three year extension with one year extensions
at one year at a time. Commissioner Wood asked if the City of Spokane allowed a one year extension
and regardless of the situation, they did not allow another extension, which Ms. Harnois confirmed as
correct. Commissioner Anderson asked if the City took any responsibility to notify the developer that
the plat was getting close to expiring. Ms. Barlow stated as part of the staff report when preliminary
approval is received they are notified of the specific date the plat expires. If a plat expires the
developer can they reapply, but the process starts over. Commissioner Graham asked if staff was
aware of how many plats have needed an extension. Ms. Harnois stated the case where the developer
is waiting for a FEMA map change to finish his plat. She also asked if the extension is granted would
the development fall under new code. The plat would be vested in the code at the time of approval
however, the director could apply new conditions if it were warranted.
Seeing no one who wished to testify, Chair Stoy closed the public hearing at 6:46 p. m.
Commissioner Anderson moved to recommend approval to the City Council of CTA -2014-0006.
Commissioner Phillips commented that he is very much in favor of the proposal, he has had times
when he needed the extra time to finish a plat. He also stated that today most plats are fairly small,
but it depends on the size of the preliminary plat how quickly they can be completed. Most
developers are not willing to develop large subdivisions, so they do it in phases. This all takes time to
get thru all the requirements. Commissioner Phillips stated that he is very much in favor of this and
would like to see notices sent out when as things get close to expiring.
Commissioner Stoy stated he agrees with the proposal and feels the ending dates get forgotten. He
stated that maybe there could be a process to notify whoever is providing the developer and or the
civil plans notification stating that there plat is about to expire and that they have 30 days.
Mr. Lamb stated from a legal stand point these are the developer's plats and not the City's plats. It is
the developer's responsibility to remember the dates. If the City created a system of providing
notices, it could create a significant risk for the City and liability should one be missed. It is not
something that he can recommend from a legal standpoint.
The vote on this motion was seven to zero, motion passes.
Ms. Barlow explained to the Planning Commission that they would be deviating from the normal
process and they will be bringing back the findings CTA -2014-0006 to the Planning Commission that
evening for approval.
Study Session: CPA -2015-0001, Comprehensive Plan Annual amendment, a privately initiated
Comprehensive Plan Amendment located on Nora Ave. between Pines Rd and Mamer Rd.
01-08-15 Planning Commission Minutes Page 2 of 4
Ms. Barlow reviewed the Growth Management Act and Comprehensive Plan process before the
Study Session began.
Planner Christina Janssen began her study session regarding the first privately (citizen) initiated
Comprehensive Plan (Comp Plan) amendment. CPA -2015-0001 is a request to change from Office to
Community Commercial. The request is located on Nora Avenue between Pines Road and Mamer
Road. It is three parcels with one single family residence. It is bordered on the east and west by
Office, south by High Density Residential and north by Regional Commercial. The site has remained
fairly vacant for some years and the owner believes the change will make the property more
marketable.
Commissioner Anderson stated he did not agree with the staff report's statement that conditions have
changed beyond the property owners control because he looked and the property owner has not
owned the property long enough to have the conditions change. He also stated he did not know if the
property was still sitting vacant because of lack of marketing or failure of marketing. Ms. Janssen
commented staff have received many calls on this area because of the high visibility of it however,
the current zoning limits what people are able to do, which keeps people from looking at it harder.
She stated she felt that in the legislative update of the Comp Plan the area would be reviewed for
changes in general.
Ms. Janssen continued to explain one of the approval criteria for the change is the property must be
adjacent to the same or a higher classification than the request being made, which includes over a
right-of-way (ROW). In this case the property is adjacent to Regional Commercial across a ROW.
The right-of-way here is Interstate -90 (1-90). The Commissioners questioned the use of I-90 as a
connecting ROW as an approval criterion. Ms. Janssen stated that between the property and the
properties with the higher classification there was only ROW. Ms. Barlow also assisted in explaining
how the ROW, and I-90, is used to reach the approval criteria.
Commissioner Scott commented her concerns over the traffic. She said it is a 25 MPH road, with a
right turn only at Pines, and a steep grade at Mamer .Rd. She said she was concerned about the truck
traffic on the road. Ms. Janssen said she had spoken to the senior traffic engineer who said most
likely at the time of a building permit, he would be requiring mitigation at the Pines Rd. and Mission
Ave. intersection as well as the and Pines Rd. and Nora Ave. intersection because they are both
performing below standard. Commissioners asked about spot zoning in the middle of an area, with
no other similar zoning near it. Ms. Barlow stated she did not feel this was spot zoning, since the
approval criteria was across ROW and there was nothing but ROW in front of the property, to a
higher classification. She also expressed the area was one of concern for staff to review to a change
in the upcoming legislative update to the Comp Plan. She said she would not guess a change to what
but the office zone in the area was clearly not working for the properties there.
Study Session: CPA -2015-0002, Comprehensive Plan Annual amendment, a privately initiated
Comprehensive Plan Amendment located at the intersection of Mission Ave. and Flora Rd.
Planner Marty Palaniuk began his study session regarding the second privately (citizen) initiated
Comprehensive Plan (Comp Plan) amendment. CPA -2015-0002 is a request to change from Low
Density Residential (LDR) to Mixed Use Center (MUC). The request is located on the northwest
corner of Mission Avenue and Flora Road. It is two parcels with a greenhouse located on it. It is
bordered on the north and east by Low Density Residential and south and west by Mixed Use Center.
The site is just east of the street vacation which the Commission just recommended for approval. It is
located on two minor arterials.
Commissioner Anderson asked if the parcels to the south were vacant. Mr. Palaniuk confirmed they
were. Commissioner Anderson also asked how close the transit was, which is located at Mission and
Barker, but a distance could not be provided. He did not feel this was "close" as was indicated in the
staff report. Ms. Barlow commented in the future, exact distances would be used. Commissioner
Wood stated he could go either way on this, there seemed to be a natural boundary for the zoning at
Flora Rd. He also asked if the change would allow manufactured home parks. Mr. Palaniuk said it
01-08-15 Planning Commission Minutes Page 3 of 4
would not, Mr. Wood said he knew the property owner and knew they owned other manufactured
home parks. Commissioner Graham said she runs in the area and there are no sidewalks in the area.
Ms. Barlow commented any commercial development would be required to put in frontage
improvements at the time of development, however single family development might trigger the
same.
Findings of Fact: CTA -2014-0006, Subdivisions, Time Extensions.
Ms. Harnois handed out the Planning Commission fmdings of fact for review. She commented once
the Findings are signed they will move on to City Council. Mr. Lamb explained the primary purpose
of the findings is to layout the basis for determining the compliance with the City's code in providing
the recommendation of approval of the code text amendment. There are two approval criteria for
code text amendments, the first is that the amendment is consistent with applicable provisions of the
Comp Plan and the second is that it bears a substantial relation to the public health, safety, welfare,
and protection of the environment. As staff explained during the staff report in earlier in the evening,
there are various goals and polices set out in the Comp Plan which apply to this specific amendment,
and in these findings they have outlined the goals and polices which staff feel are applicable, which
the Commission would ultimately approve. The second would be the general public health, safety,
welfare, which is a vague term for a text amendment, which is at times difficult to determine. The
vote on the findings is more on the basis for the recommendation, not the recommendation itself
Commissioner Anderson asked why the conclusions on the findings were not the same as the
conclusions on the staff report. Mr. Lamb also pointed out to the Commission they are allowed to
change the findings if they do not agree with them. Commissioner Anderson stated they were two
different sentences. In the staff report it states the overall conclusion is consistent with the Comp
Plan policies and goals and on the findings it states it is consistent with the City's adopted Comp Plan
and the approval criteria. Mr. Lamb stated in the future that staff would work to make sure the staff
report and findings reflected the same language however, this did say the same thing in a different
way.
Commissioner Phillips asked to verify that the language underline and strike through language would
be attached to the findings as part of the record.
Commissioner Anderson moved to recommend approval to the City Council the Findings of Fact for
CTA -2014-0006 as presented. The vote on this motion was seven to zero, motion passes.
GOOD OF THE ORDER: Commissioner Anderson asked how the Commission would go about
amending the public hearing script from the Planning Commission's Rules of Procedure. Mr. Lamb and
Ms. Horton shared with the Commission in the Rules of Procedure allow for updates in the odd numbered
years, and staff would assist in reviewing the script.
ADJOURNMENT: There being no other business, the meeting was adjourned at 8:19 p.m.
APPROVED
Joe Stoy, Chairperson Date signed
Deanna Horton, Secretary
01-08-15 Planning Commission Minutes Page 4 of 4
STV -20 14-0001
Old Mission Avenue Street Vacation
City Council Administrative Report
February 10, 2015
Area of proposed
street vacation
2
REQUEST:
1. 3,688 square feet of area
to be vacated;
2. Enhanced entry to the
trailhead and
development;
3. Provide delineation
between public & private
ownership; and
4. Offset land lost by
dedication of ROW for
turnaround and parking
for trailhead (5,600sgft).
�;+E1!IFIlpJ
Trailhead
entrance
Jr
Area of proposed
street vacation
r FKFCSG E17 if; 3: -i�lir,SN
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f x r
Entrance to
development
DETAILS
ak
Si▪ dewalk connection
to trailhead and
established utilities
Z
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LE)
w
PLANNING COMMISSION
by a vote of 7-0 recommends to the City Council
APPROVAL with conditions
SVMC Title 22.140.030.A (findings)
CONDITIONS
Conditions recommended by Commission;
> Completion within 90 days ➢
> Property transferred to parcel ➢
45124.0138 (north
> Coordinate with Avista for
easements
Preparation of a record of survey
Recording of ordinance and record
of survey by staff
> Vacated area will be designated
> All costs incurred by ➢
requesting party
with adjacent zoning
All conditions met before
transferring title
Location of 2 monuments on
rpntPrlinp of vacated ROA/
7
To:
From:
Re:
DRAFT
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of February 5, 2015; 8:30 a.m.
Please note this is a work in progress; items are tentative
Council & Staff
City Clerk, by direction of City Manager
Draft Schedule for Upcoming Council Meetings
February 17, 2015, Special Meeting Winter Workshop (8:30 a.m. — 4:30 p.m.) [due Mon, Feb 9]
Tentative topics: Council Goals/Work Plan Economic Development Law and Justice Council
Legislative Update Civic Facility Capital Projects Fund New City Hall
Existing City Hall Renovations
Miscellaneous: Marijuana, Oil & Coal Trains, Gambling Tax, etc.
February 17, 2015 6:00 p.m. meeting cancelled in lieu of Special Workshop meeting
February 18-19, 2015 AWC City Action Days Legislative Session
February 24, 2015, Formal Meeting Format, 6:00 p.m. [due Tues, Feb 17]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Second Reading Proposed Ordinance 15-002 Adopting Marijuana Findings of Fact — Erik Lamb (20 minutes)
3. Second Reading Proposed Ordinance 15-003 for Plat Time Ext — Micki Harnois (10 minutes)
4. First Reading Proposed Ordinance 15-004 Street Vacation Old Mission Ave — Karen Kendall (10 minutes)
5. Admin Report: Comp Plan, Site Specific Amendments — Marty Palaniuk, Christina Janssen (20 minutes)
(5 minutes)
6. Admin Report: Advance Agenda
7. Info Only: (a) Amended 2015 Transportation Improvement Program (TIP);
(b) Department Monthly Reports [*estimated meeting: 70 minutes]
March 3, 2015, Study Session Format, 6:00 p.m.
1. Proposed Amended 2015 TIP — Steve Worley
2. Accomplishments Report 2014 — Mike Jackson (tentative)
3. Advance Agenda
[due Mon, Feb 23]
(20 minutes)
(60 minutes)
(5 minutes)
4. Info Only: Congst. Mitigation/Air Quality (CMAQ) 2018-2020 Call for Projects[*estimated meeting: 85 min]
March 10, 2015, Formal Meeting Format, 6:00 p.m.
1. PUBLIC HEARING: Proposed Amended 2015 TIP — Steve Worley
2. Consent Agenda (claims, payroll, minutes)
3. Second Reading Proposed Ordinance 15-004 Street Vacation Old Mission Ave —
4. Admin Report: CMAQ Call for Projects — Eric Guth
5. Admin Report: Advance Agenda
March 17, 2015, Study Session Format, 6:00 p.m.
1. Advance Agenda
March 24, 2015, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Proposed Resolution Amending 2015 TIP — Steve Worley
3. Motion Consideration: CMAQ Call for Projects — Eric Guth
4. Admin Report: Advance Agenda
5. Info Only: Department Monthly Reports
Draft Advance Agenda 2/5/2015 10:23:16 AM
[due Mon, March 2]
(10 minutes)
(5 minutes)
Karen Kendall (10 minutes)
(15 minutes)
(5 minutes)
eeting: 45 minutes]
[*estimated m
[due Mon, March 9]
(5 minutes)
[due Mon, March 16]
(5 minutes)
(15 minutes)
(15 minutes)
(5 minutes)
[*estimated meeting: 40 minutes]
Page 1 of 2
March 31, 2015, Study Session Format, 6:00 p.m.
1. Advance Agenda
April 7, 2015, Study Session Format, 6:00 p.m.
1. Advance Agenda
April 14, 2015, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Admin Report: Advance Agenda
April 21, 2015, Study Session Format, 6:00 p.m.
1. Advance Agenda
April 28, 2015, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Admin Report: Advance Agenda
3. Info Only: (a) Proposed 2016-2021 TIP; (b) Depaitment Monthly Reports
May 5, 2015, Study Session Format, 6:00 p.m.
1. Proposed 2016-2021 Six Year TIP — Steve Worley
2. Advance Agenda
May 12, 2015, Formal Meeting Format, 6:00 p.m.
1. PUBLIC HEARING: Proposed 2016-2021 Six Year Tip — Steve Worley
2. Consent Agenda (claims, payroll, minutes)
3. Admin Report: Advance Agenda
May 19, 2015, Study Session Format, 6:00 p.m.
1. Advance Agenda
May 26, 2015, Formal Meeting Format, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Proposed Resolution Adopting 2016-2021 Six Year TIP — Steve Worley
3. Admin Report: Advance Agenda
4. Info Only: Department Monthly Reports
*time for public or Council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
Avista Electrical Franchise
Coal/Oil Train Environmental Impact Statement
Governance Manual
Marijuana, Minor in Consumption
Public Safety Quarterly Costs
Railroad Quiet Zones
Setback Requirements
Sidewalks and Developments
Spokane Regional Transportation Mgmt Ctr
Draft Advance Agenda 2/5/2015 10:23:16 AM
[due Mon, March 23]
(5 minutes)
[due Mon, March 30]
(5 minutes)
[due Mon, April 6]
(5 minutes)
(5 minutes)
[due Mon, April 13]
(5 minutes)
[due Mon, April 20]
(5 minutes)
(5 minutes)
[due Mon, April 27]
(25 minutes)
(5 minutes)
[due Mon, May 4]
(20 minutes)
(5 minutes)
(5 minutes)
[due Mon, May 11]
(5 minutes)
[due Mon, May 18]
(5 minutes)
(10 minutes)
(5 minutes)
Page 2 of 2