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Home My WebLink About2015, 06-30 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, June 30, 2015 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL ACTION ITEMS: 1. John Hohman Comprehensive Plan Overlays and Text Motion Consideration Amendments [public comment] NON -ACTION ITEMS: 2. Gloria Mantz Historic Preservation Discussion/Information 3. Erik Lamb Tourism Promotion Area (TPA) Discussion/Information 4. Cary Driskell Indigent Defense Standards Discussion/Information 5. Cary Driskell Telecommunications Franchise, Fatbeam Discussion/Information 6. Mayor Grafos Advance Agenda Discussion/Information 7. Information Only (will not be reported or discussed): Transportation Improvement (TIB) Call for Projects 8. Mayor Grafos Council Comments Discussion/Information 9. Mike Jackson City Manager Comments Discussion/Information ADJOURN Study Session Agenda June 30, 2015 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 23, 2015 Department Director Approval: ❑ Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Comprehensive Plan Legislative Update — Text/Overlay Citizen -Initiated Amendment Request Review GOVERNING LEGISLATION: Growth Management Act (GMA) RCW 36.70A PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Per RCW 36.70A.130(1), every county and city in the state is required to conduct an update of its comprehensive plan and development regulations every 8 years. The City of Spokane Valley's update is due no later than June 30, 2017. RCW 36.70A.140 of the Washington GMA requires that each city "establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment" of the City's Comprehensive Plan. The City approved a Public Participation Plan on January 6, 2015. The CAR (Citizen Amendment Request) application process is a method for citizens, neighborhood organizations, or other interested parties to propose changes to the Comprehensive Plan, land use map, zoning map, or development regulations. CAR applications were received through March 31, 2015. Staff reviewed the applications and first compared them to the focus areas identified in the comprehensive plan work program and then to the public input themes developed at the public meetings. The information was presented to the Planning Commission at a Study Session on April 23. Following the study session, the 26 applications were separated into two review groups, beginning with the site-specific CARs. Council heard an Administrative Report on the site-specific CARs at their June 2 meeting, and at the June 9 Council meeting approved a motion to include CAR 2015-0001 through 0017, and 0019 to 0020 in the Comp Plan Update for further analysis. A public hearing was conducted June 8th before the Planning Commission on the text and overlay CARs. Following the public hearing, the Planning Commission deliberated on the Text and Overlay CARs and made the following recommendations: To include for further analysis: To exclude from further analysis: 2015-0018 (six to zero to include) 2015-0022 (six to zero to exclude) 2015-0021 (five to one to include) 2015-0023 (six to zero to exclude) 2015-0024 (four to two to include) 2015-0025 (five to zero to exclude) 2015-0026 (five to one to exclude) During Council's June 9, 2015 meeting, there was Council consensus to include 2015-0018, 0021, 0022, 0023, and 0024; and to exclude 0025 and 0026. OPTIONS: Move to include all, some or none of the text and overlay requests in the analysis; or defer to future updates. RECOMMENDED ACTION OR MOTION: I move to include text and overlay requests in the Comp Plan Analysis: CAR 2015-0018; and CAR 2015-0021 through 0024; and to exclude 2015- 0025 and 0026 from the Comp Plan Analysis. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: John Hohman, Director; and Lori Barlow, Senior Planner ATTACHMENTS: Previously provided under separate cover, 2015 Comprehensive Plan Legislative Update Binder. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 30, 2015 Department Director Approval: Item: Check all that apply: ❑ Consent ❑ Old business ❑ New business ❑ Public Hearing ❑ Information ® Admin. Report ❑ Pending Legislation AGENDA ITEM TITLE: Historic Preservation Program GOVERNING LEGISLATION: The Growth Management Act (GMA) RCW 36.70A.020 PREVIOUS COUNCIL ACTION TAKEN: On August 19, 2014, staff presented a brief overview of local historic preservation and special evaluations to City Council. At that meeting, Council requested to have the State Historic Preservation Officer (SHPO) provide more information relating to the establishment of a local historic preservation program. On October 14, 2014, the City of Spokane's Historic Preservation Officer and the Deputy State Historic Preservation Officer provided more information relating to the establishment of a local historic preservation program. At that meeting, the City of Spokane's Historic Preservation Officer stated that the City of Spokane would be interested in contracting for services related to historic preservation. On February 3, 2015, staff presented an overview of the process for establishing an in-house historic preservation program, responsibilities as a Certified Local Government (CLG) and options to run the historic preservation program. On April 21, 2015, staff presented provided an overview of the required standards, special tax valuation agreement, and historic register listing implications. BACKGROUND: To pursue an in-house historic preservation program, the City needs to become a CLG which will allow the City to receive technical assistance, apply for special grant funding, offer special tax valuation to local registered properties, and comment on federal and state historic preservation actions. A historic preservation program has the following benefits: the ability to provide incentives to encourage the rehabilitation of historic buildings protect local historic landmarks, develop a sense of place and community identity, and foster heritage tourism. The drawbacks of the program include potential restriction on properties and penalties for disqualified properties, additional staff workload, potential to impact other existing services due to new workload and longer review times. The process for becoming a CLG requires the adoption of a historic preservation ordinance and the establishment of a City Historic Preservation Commission. The State's model historic preservation ordinance is attached. It is proposed that existing community development staff will run the historic preservation program, tasks include development of ordinance and commission bylaws, attending and running commission meetings, conducting project review, developing and maintaining a program website, and maintaining the historic inventory. The Department of Archaeology and Historic Preservation (DAHP) provides free training workshops and on call support for CLGs. There are two types of historic listings that are eligible to receive federal and state incentives, the National Historic Register (NHR) and the local Historic Register (LHR). Page 1 of 2 • The NHR listing is managed by the National Park Service and DAHP. These properties are eligible for up to 20% investment tax credit (income producing properties) and special tax valuation (if allowed by CLG) for qualified rehabilitation work that meets the requirements of the Secretary of the Interior's Standards. • The LHR listing is managed by the CLG. The CLG is in control of the historic preservation ordinance. Changes to or demolition of LHR properties require approval from the Historic Preservation Commission. There are no prescribed minimum standards for the LHR; however, these properties are eligible for special tax valuation for rehabilitation work that meets the requirements of the Secretary of the Interior's Standards or the Washington State Advisory Council's Standards. Owners of historic properties, approved by the commission to receive special tax valuation, are required to enter into an agreement pursuant to WAC 254-20-090 (attached) and agree to comply with the required standards, to not alter or demolish the property without consent, and to notify the Assessor if the property becomes disqualified. Disqualified property owners are required to pay back the property tax with penalties and interest, pursuant to RCW 84.26.090 or the tax due becomes a lien on the property. OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Gloria Mantz, Development Engineer Attachments: • Presentation • Model Historic Preservation Ordinance • Historic Preservation Special Valuation Agreement Page2of2 uf Historic Preservation :--'77railT C93— June 30, 2015 Gloria Mantz, Development Engineer 1 Topics for Discussion (93— G. Benefits and Drawbacks oa Costs to Run the Program G3 Historic Districts oa Public Interest in the Program Benefits 03— cal Local jurisdiction in charge of the program. Typically few historic register properties: ❖ Voluntary program •'• History and education •'• Encourage heritage tourism Ga Protection of local historic landmarks Benefits oa Incentives for qualified rehabilitation of property • Up to 20% income tax credit for income producing property • Property tax reduction for 10 years - can be transferred to new owner oa Training and grant opportunities ca Sustainable development Benefits GI Low and moderate income housing opportunities Ga Historic property values tend to appreciate at greater rates and resist market downturn better than regular properties Ga Cultural and historic resources make communities unique & create sense of place and community pride Consistent with 2015 Community Vision Report Desire to maintain/ create special places in the community Focus on the importance of existing local commercial and industrial areas Leverage community assets Drawbacks Ga Restrictions on properties listed in the historic register ❖ Ordinance may be written to allow delisting if owner does not agree with review comments • Potential property owners are notified by title notices, covenant restrictions or sale disclosure forms Ga Potential penalties for disqualified properties + Rehabilitated properties unlikely to be demolished to preserve investment + Payment is due within 30 days from treasurer notification or becomes a lien on the property Drawbacks oa Longer review time for projects oa Additional staff workload to establish and run the program which would likely reduce capacity to work on other tasks cQ Potential costs for consultants to assist staff with workload Estimated Costs to Establish the Program Staff Hours Ordinance & Bylaws Existing staff 100 $5,000 Program procedures Existing staff 25 $1,300 Training DAHP & 40 $1,700 existing staff Website Existing staff 25 $1,000 Estimated Cost $9,000 Staff hours include legal, administrative and planning staff Estimated Costs to Run Program Staff Hours Estimated Cost Commission Meetings (4) Existing staff and commission members 100 $5,000 Commission Technical support Existing staff 150 $7,000 Technical support (overload) Consultant (may not be needed) To be negotiated Training DAHP 35 $1,500 Website maintenance Existing staff 25 $1,000 Inventory Existing Staff 50 $2,000 On call support DAHP No Cost Total Estimated Cost Staff hours include legal, administrative and planning staff $16,500 City of Spokane Inter -local 03- Established program Experienced staff City workload limited to support commission High review fees Review fees likely to discourage program participation Their existing program may not be consistent with ours Historic Districts 03T— oa Historic district is a group of buildings, properties or sites, within a specified boundary, designated as historically or architecturally significant . They can be contributing or non-contributing oa Typically exterior architectural features visible from right-of-way only subject to review oa Ordinance language could require 100%owner approval for listing Public Interest Survey C� oa Up to 100 potential properties in Spokane Valley Heritage Museum database G. Mailing Fees $2.5/address $250 Ga Online Survey - $60 Ga Total cost $310 Next Steps C3— MODEL HISTORIC PRESERVATION ORDINANCE Section 1 Purpose Section 2 Title Section 3 Definitions Section 4 Historic Commission Section 5 Register of Historic Places Section 6 Review of Changes to Register Properties Section 7 Review and Monitoring of Properties for Special Property Tax Valuation SECTION 1. PURPOSE The purpose of this ordinance is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of [LOCAL GOVERNMENT] and preserve and rehabilitate eligible historic properties within the [LOCAL GOVERNMENT] for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to: A. Safeguard the heritage of the [CITY/COUNTY] as represented by those buildings, districts, objects, sites and structures which reflect significant elements of the [LOCAL GOVERNMENT] history; B. Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on the [LOCAL GOVERNMENT] history; C. Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; D. Assist, encourage and provide incentives to private owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures; E. Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative land uses; and, F. Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. SECTION 2. SHORT TITLE The following sections shall be known and may be cited as the "historic preservation ordinance of [LOCAL GOVERNMENT]." SECTION 3. DEFINITIONS The following words and terms when used in this ordinance shall mean as follows, unless a different meaning clearly appears from the context: A. B. [LOCAL GOVERNMENT] Historic Inventory" or "Inventory" means the comprehensive inventory of historic and prehistoric resources within the boundaries of the [LOCAL GOVERNMENT]. [LOCAL GOVERNMENT] Historic Preservation Commission" or "Commission" means the commission created by Section herein. C. " [LOCAL GOVERNMENT] Register of Historic Places", "Local Register", or "Register" means the listing of locally designated properties provided for in Section herein. DRAFT HISTORIC PRESERVATION ORDINANCE Page 1 of 11 D. "Actual Cost of Rehabilitation" means costs incurred within twenty-four months prior to the date of application and directly resulting from one or more of the following: a) improvements to an existing building located on or within the perimeters of the original structure; or b) improvements outside of but directly attached to the original structure which are necessary to make the building fully useable but shall not include rentable/habitable floor -space attributable to new construction; or c) architectural and engineering services attributable to the design of the improvements; or d) all costs defined as "qualified rehabilitation expenditures" for purposes of the federal historic preservation investment tax credit. E. A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings. F. "Certificate of Appropriateness" means the document indicating that the commission has reviewed the proposed changes to a local register property or within a local register historic district and certified the changes as not adversely affecting the historic characteristics of the property which contribute to its designation. G. "Certified Local Government" or "CLG" means the designation reflecting that the local government has been jointly certified by the State Historic Preservation Officer and the National Park Service as having established its own historic preservation commission and a program meeting Federal and State standards. H. "Class of properties eligible to apply for Special Valuation in [LOCAL GOVERNMENT]" means [ALL/IDENTIFY SELECTED TYPES] properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW, until [LOCAL GOVERNMENT] becomes a Certified Local Government (CLG). Once a CLG, the class of properties eligible to apply for Special Valuation in [LOCAL GOVERNMENT] means only [ALL/IDENTIFY SELECTED TYPES] properties listed on the [LOCAL/LOCAL AND NATIONAL/NATIONAL] Register of Historic Places or properties certified as contributing to an [LOCAL/LOCAL AND NATIONAL/NATIONAL] Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. I. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. J. A "district" is a geographically definable area urban or rural, small or large—possessing a significant concentration, linkage, or continuity of sites buildings, structures, and/or objects united by past events or aesthetically by plan or physical development. K. "Emergency repair" means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster. L. "Historic property" means real property together with improvements thereon, except property listed in a register primarily for objects buried below ground, which is listed in a local register of a Certified Local Government or the National Register of Historic Places. M. "Incentives" are such rights or privileges or combination thereof which the [CITY/COUNTY] Council, or other local, state, or federal public body or agency, by virtue of applicable present or future legislation, may be authorized to grant or obtain for the owner(s) of Register properties. Examples of economic incentives include but are not limited to tax relief, conditional use permits, rezoning, street vacation, planned unit development, transfer of development rights, facade easements, gifts, preferential leasing policies, beneficial placement of public DRAFT HISTORIC PRESERVATION ORDINANCE Page 2 of 11 improvements or amenities, or the like. N. "Local Review Board", or "Board" used in Chapter 84.26 RCW and Chapter 254-20 WAC for the special valuation of historic properties means the commission created in Section herein. O. "National Register of Historic Places" means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage. P. An "object" is a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Q. "Ordinary repair and maintenance" means work for which a permit issued by the [LOCAL GOVERNMENT] is not required by law, and where the purpose and effect of such work is to correct any deterioration or decay of or damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be practicable, to the condition prior to the occurrence of such deterioration, decay, or damage. R. "Owner" of property is the fee simple owner of record as exists on the [NAME OF COUNTY] County Assessor's records. S. "Significance" or "significant" used in the context of historic significance means the following: a property with local, state, or national significance is one which helps in the understanding of the history or prehistory of the local area, state, or nation (whichever is applicable) by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential. The local area can include [NAME OF CITY/TOWN], [NAME OF COUNTY], or [NAME OF REGION (e.g. southwest)] Washington, or a modest geographic or cultural area, such as a neighborhood. Local significance may apply to a property that illustrates a theme that is important to one or more localities; state significance to a theme important to the history of the state; and national significance to property of exceptional value in representing or illustrating an important theme in the history of the nation. T. A "site" is a place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupation or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may be the location of ruined or now non -extant building or structure of the location itself possesses historic cultural or archaeological significance. U. "Special Valuation for Historic Properties" or "Special Valuation" means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. (Chapter 84.26 RCW). V. "State Register of Historic Places" means the state listing of properties significant to the community, state, or nation but which may or may not meet the criteria of the National Register. W. A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man, it is often an engineering project. X. "Universal Transverse Mercator" or "UTM" means the grid zone in metric measurement providing for an exact point of numerical reference. Y. "Waiver of a Certificate of Appropriateness" or "Waiver" means the document indicating that the commission has reviewed the proposed whole or partial demolition of a local register property or in a local register historic district and failing to find alternatives to demolition has issued a waiver of a Certificate of Appropriateness which allows the building or zoning official to issue a permit for DRAFT HISTORIC PRESERVATION ORDINANCE Page 3 of 11 demolition. Z. "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State Advisory's Council's Standards" means the rehabilitation and maintenance standards used by the [LOCAL GOVERNMENT] Historic Preservation Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. SECTION 4. HISTORIC COMMISSION A. Creation and Size There is hereby established a [LOCAL GOVERNMENT] Historic Preservation Commission, consisting of [5 - 15] members, as provided in subsection below. Members of the [LOCAL GOVERNMENT] Historic Preservation Commission shall be appointed by the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] and approved by the [CITY/COUNTY] Council and shall be residents of the [CITY/COUNTY], except as provided in subsection below. B. Composition of the Commission 1. All members of the commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgement. 2. The commission shall always include at least [INDICATE NUMBER] professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or related disciplines [CHOOSE ONE, SEVERAL, OR ALL DISCIPLINES]. The commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions, unless the commission action is related to meeting Certified Local Government (CLG) responsibilities cited in the Certification Agreement between the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] and the State Historic Preservation Officer on behalf of the State. Furthermore, exception to the residency requirement of commission members may be granted by the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] and [CITY/COUNTY] Council in order to obtain representatives from these disciplines. 3. In making appointments, the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] may consider names submitted from any source, but the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] shall notify history and [CITY/COUNTY] development related organizations of vacancies so that names of interested and qualified individuals may be submitted by such organizations for consideration along with names from any other source. C. Terms The original appointment of members to the commission shall be as follows (this example is for a commission of seven): three (3) for two (2) years, two (2) for three (3) years; and two (2) for four (4) years. Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the [TITLE OF CHIEF LOCAL ELECTED OFFICIAL] for the unexpired term in the same manner as the original appointment. D. Powers and Duties The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of the [CITY'S/COUNTY'S] historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the [CITY'S/COUNTY'S] history and historic resources; and to DRAFT HISTORIC PRESERVATION ORDINANCE Page 4 of 11 serve as the [CITY'S/COUNTY'S] primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Historic Preservation Commission shall engage in the following: 1. Conduct and maintain a comprehensive inventory of historic resources within the boundaries of the [LOCAL GOVERNMENT] and known as the [LOCAL GOVERNMENT] Historic Inventory, and publicize and periodically update inventory results. Properties listed on the inventory shall be recorded on official zoning records with an "HI" (for historic inventory designation). This designation shall not change or modify the underlying zone classification. 2. Initiate and maintain the [LOCAL GOVERNMENT] Register of Historic Places. This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the commission as having historic significance worthy of recognition and protection by the [LOCAL GOVERNMENT] and encouragement of efforts by owners to maintain, rehabilitate, and preserve properties. 3. Review nominations to the [LOCAL GOVERNMENT] Register of Historic Places according to criteria in Section of this ordinance and adopt standards in its rules to be used to guide this review. 4. Review proposals to construct, change, alter, modify, remodel, move, demolish, or significantly affect properties or districts on the register as provided in Section ; and adopt standards in its rules to be used to guide this review and the issuance of a certificate of appropriateness or waiver. 5. Provide for the review either by the commission or its staff of all applications for approvals, permits, environmental assessments or impact statements, and other similar documents pertaining to identified historic resources or adjacent properties. 6. Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. 7. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. 8. Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the [LOCAL GOVERNMENT] area. 9. Review and comment to the [CITY/COUNTY] Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the [LOCAL GOVERNMENT], other neighboring communities, the [COUNTY], the state or federal governments, as they relate to historic resources of the [LOCAL GOVERNMENT]. 10. Advise the [CITY/COUNTY] Council and the Chief Local Elected Official generally on matters of [LOCAL GOVERNMENT] history and historic preservation. 11. Perform other related functions assigned to the Commission by the [CITY/COUNTY] Council or the Chief Local Elected Official. 12. Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, or similar activities. 13. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. 14. Be informed about and provide information to the public and [CITY/COUNTY] departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. 15. Review nominations to the State and National Registers of Historic Places. 16. Investigate and report to the [CITY/COUNTY] Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the [LOCAL GOVERNMENT]. 17. Serve as the local review board for Special Valuation and: a) Make determination concerning the eligibility of historic properties for special valuation; b) Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: c) Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254-20-070(2); DRAFT HISTORIC PRESERVATION ORDINANCE Page 5 of 11 d) Approve or deny applications for special valuation; e) Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10 year special valuation period; and f) Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. 18. The commission shall adopt rules of procedure to address items 3, 4, 6, and 18 inclusive. E. Compensation All members shall serve [WITH/WITHOUT] compensation. F. Rules and Officers The commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the commission's business. G. Commission Staff Commission and professional staff assistance shall be provided by the [TITLE OF LOCAL GOVERNMENT PERSONNEL OR INDICATE USE OF A QUALIFIED CONSULTANT] with additional assistance and information to be provided by other [CITY/COUNTY] departments as may be necessary to aid the commission in carrying out its duties and responsibilities under this ordinance. SECTION 5. REGISTER OF HISTORIC PLACES A. Criteria for Determining Designation in the Register Any building, structure, site, object, or district may be designated for inclusion in the [NAME OF LOCAL REGISTER] if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least 50 years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories. [SELECT ANY OR ALL OF THE CATEGORIES AND INCLUDE ADDITIONAL CATEGORIES IF DESIRED] 1. Is associated with events that have made a significant contribution to the broad patterns of national, state, or local history. 2. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction. 3. Is an outstanding work of a designer, builder, or architect who has made a substantial contribution to the art. 4. Exemplifies or reflects special elements of the [CITY'S/COUNTY'S] cultural, special, economic, political, aesthetic, engineering, or architectural history. 5. Is associated with the lives of persons significant in national, state, or local history. 6. Has yielded or may be likely to yield important archaeological information related to history or prehistory. 7. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the only surviving structure significantly associated with an historic person or event. 8. Is a birthplace or grave of an historical figure of outstanding importance and is the only surviving structure or site associated with that person. 9. Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns. 10. Is a reconstructed building that has been executed in an historically accurate manner on the original site. DRAFT HISTORIC PRESERVATION ORDINANCE Page 6 of 11 11. Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories. B. Process for Designating Properties or Districts to the [NAME OF LOCAL REGISTER] 1. [ONLY PROPERTY OWNERS/ COMMISSION MEMBERS/ANY PERSON] may nominate a building, structure, site, object, or district for inclusion in the [NAME OF LOCAL REGISTER]. Members of the Historic Preservation Commission or the commission as a whole may generate nominations. In its designation decision, the commission shall consider the [NAME OF INVENTORY] and the [CITY/COUNTY] Comprehensive Plan. 2. In the case of individual properties, the designation shall include the UTM reference and all features—interior and exterior—and outbuildings that contribute to its designation. 3. In the case of districts, the designation shall include description of the boundaries of the district; the characteristics of the district justifying its designation; and a list of all properties including features, structures, sites, and objects contributing to the designation of the district. 4. The Historic Preservation Commission shall consider the merits of the nomination, according to the criteria in Section and according to the nomination review standards established in rules, at a public meeting. Adequate notice will be given to the public, the owner(s) and the authors of the nomination, if different, and lessees, if any, of the subject property prior to the public meeting according to standards for public meetings established in rules and in compliance with Chapter 42.30 RCW, Open Public Meetings Act. Such notice shall include publication in a newspaper of general circulation in , [LOCAL GOVERNMENT] and any other form of notification deemed appropriate by [LOCAL GOVERNMENT]. If the commission finds that the nominated property is eligible for the [NAME OF LOCAL REGISTER], the commission [SHALL LIST THE PROPERTY IN THE REGISTER/SHALL LIST THE PROPERTY IN THE REGISTER WITH OWNER'S CONSENT/MAKE RECOMMENDATION TO THE (City/County) COUNCIL THAT THE PROPERTY BE LISTED IN THE REGISTER/MAKE RECOMMENDATION TO THE (City/County) THAT THE PROPERTY BE LISTED IN THE REGISTER WITH OWNER'S CONSENT.] In the case of historic districts, the commission shall consider [A SIMPLE MAJORITY OF PROPERTY OWNERS/ PERCENTAGE OF PROPERTY OWNERS] to be adequate for owner consent. Owner consent and notification procedures in the case of districts shall be further defined in rules. The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be notified of the listing. 5. Properties listed on the [NAME OF LOCAL REGISTER] shall be recorded on official zoning records with an "HR" (for Historic Register) designation. This designation shall not change or modify the underlying zone classification. C. Removal of Properties from the Register In the event that any property is no longer deemed appropriate for designation to the [NAME OF LOCAL REGISTER], the commission may initiate removal from such designation by the same procedure as provided for in establishing the designation, Section . A property [MAY/MAY NOT] be removed from the [NAME OF THE LOCAL REGISTER] without the owner's consent. D. Effects of Listing on the Register 1. Listing on the [NAME OF LOCAL REGISTER] is an designation denoting significant association with the historic, archaeological, engineering, or cultural heritage of the community. Properties are listed individually or as contributing properties to an historic district. 2. Prior to the commencement of any work on a register property, excluding ordinary repair and DRAFT HISTORIC PRESERVATION ORDINANCE Page 7 of 11 maintenance and emergency measures defined in Section , the owner must request and receive a Certificate of Appropriateness from the commission for the proposed work. Violation of this rule shall be grounds for the commission to review the property for removal from the register. 3. Prior to whole or partial demolition of a register property, the owner must request and receive a waiver of a Certificate of Appropriateness. 4. Once [NAME OF THE LOCAL GOVERNMENT] is certified as a Certified Local Government (CLG), [ALL/IDENTIFY SELECTED TYPES] properties listed on the [NAME OF LOCAL REGISTER] may be eligible for Special Tax Valuation on their rehabilitation (Section ). SECTION 6. REVIEW OF CHANGES TO REGISTER OF HISTORIC PLACES PROPERTIES A. Review Required No person shall change the use, construct any new building or structure, or reconstruct, alter, restore, remodel, repair, move, or demolish any existing property on the [NAME OF LOCAL REGISTER] or within an historic district on the [NAME OF LOCAL REGISTER] without review by the commission and without receipt of a Certificate of Appropriateness, or in the case of demolition, a waiver, as a result of the review. The review shall apply to all features of the property, interior and exterior, that contribute to its designation and are listed on the nomination form. Information required by the commission to review the proposed changes are established in rules. B. Exemptions The following activities do not require a Certificate of Appropriateness or review by the commission: ordinary repair and maintenance—which includes painting—or emergency measures defined in Section C. Review Process 1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver The building or zoning official shall report any application for a permit to work on a designated [NAME OF LOCAL REGISTER] Register property or in a [NAME OF LOCAL REGISTER] historic district to the commission. If the activity is not exempt from review, the commission or professional staff shall notify the applicant of the review requirements. The building or zoning official shall not issue any such permit until a Certificate of Appropriateness or a waiver is received from the commission but shall work with the commission in considering building and fire code requirements. 2. Commission Review The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the commission for a review of proposed changes on a [NAME OF LOCAL REGISTER] property or within a [NAME OF LOCAL REGISTER] historic district and request a Certificate of Appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes shall be accompanied by such information as is required by the commission established in its rules for the proper review of the proposed project. The commission shall meet with the applicant and review the proposed work according to the design review criteria established in rules. Unless legally required, there shall be no notice, posting, or publication requirements for action on the application, but all such actions shall be made at regular meetings of the commission. The commission shall complete its review and make its recommendations within thirty (30) calendar days of the date of receipt of the application. If the commission is unable to process the request, the commission may ask for an extension of time. DRAFT HISTORIC PRESERVATION ORDINANCE Page 8 of 11 The commission's recommendations shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. If the owner agrees to the commission's recommendations, a Certificate of Appropriateness shall be awarded by the commission according to standards established in the commission's rules. The commission's recommendations and, if awarded, the Certificate of Appropriateness shall be transmitted to the building or zoning official. If a Certificate of Appropriateness is awarded, the building or zoning official may then issue the permit. 3. Demolition A waiver of the Certificate of Appropriateness is required before a permit may be issued to allow whole or partial demolition of a designated [NAME OF LOCAL REGISTER] property or in a [NAME OF LOCAL REGISTER] historic district. The owner or his/her agent shall apply to the commission for a review of the proposed demolition and request a waiver. The applicant shall meet with the commission in an attempt to find alternatives to demolition. These negotiations may last no longer than 45 calendar days from the initial meeting of the commission, unless either party requests an extension. If no request for an extension is made and no alternative to demolition has been agreed to, the commission shall act and advise the official in charge of issuing a demolition permit of the approval or denial of the waiver of a Certificate of Appropriateness. Conditions in the case of granting a demolition permit may include allowing the commission up to 45 additional calendar days to develop alternatives to demolition. When issuing a waiver the board may require the owner to mitigate the loss of the [NAME OF LOCAL REGISTER] property by means determined by the commission at the meeting. Any conditions agreed to by the applicant in this review process shall become conditions of approval of the permits granted. After the property is demolished, the commission shall initiate removal of the property from the register. 4. Appeal of Approval or Denial of a Waiver of a Certificate of Appropriateness. The commission's decision regarding a waiver of a Certificate of Appropriateness may be appealed to the [CITY/COUNTY] Council within ten days. The appeal must state the grounds upon which the appeal is based. The appeal shall be reviewed by the council only on the records of the commission. Appeal of Council's decision regarding a waiver of a Certificate of Appropriateness may be appealed to Superior Court. SECTION 7. REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION A. Time Lines 1. Applications shall be forwarded to the commission by the assessor within 10 calendar days of filing. 2. Applications shall be reviewed by the commission before December 31 of the calendar year in which the application is made. 3. Commission decisions regarding the applications shall be certified in writing and filed with the assessor within 10 calendar days of issuance. B. Procedure 1. The assessor forwards the application(s) to the commission. 2. The commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and listed in Section of this ordinance. a. If the commission finds the properties meet all the criteria, then, on behalf of the [LOCAL GOVERNMENT], it enters into an Historic Preservation Special Valuation Agreement (set forth in WAC 254-20-120 and in Section of this ordinance) with the owner. Upon execution of the agreement between the owner and commission, the commission approves the application(s). DRAFT HISTORIC PRESERVATION ORDINANCE Page 9 of 11 b. If the commission determines the properties do not meet all the criteria, then it shall deny the application(s). 3. The commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the assessor. 4. For approved applications: a. The commission forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090 (4) and identified in Section of this ordinance) to the assessor, b. Notifies the state review board that the properties have been approved for special valuation, and c. Monitors the properties for continued compliance with the agreements throughout the 10 -year special valuation period. 5. The commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of a. The owner's failure to comply with the terms of the agreement or b. Because of a loss of historic value resulting from physical changes to the building or site. 6. For disqualified properties, in the event that the commission concludes that a property is no longer qualified for special valuation, the commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings. C. Criteria 1. Historic Property Criteria: The class of historic property eligible to apply for Special Valuation in [LOCAL GOVERNMENT] means [ALL/IDENTIFY SELECTED TYPES] properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW, until [LOCAL GOVERNMENT] becomes a Certified Local Government (CLG). Once a CLG, the class of property eligible to apply for Special Valuation in [LOCAL GOVERNMENT] means [ONLY] [ALL/IDENTIFY SELECTED TYPES] properties listed on the [LOCAL/LOCAL AND NATIONAL/NATIONAL] Register of Historic Places or properties certified as contributing to an [LOCAL/LOCAL AND NATIONAL/NATIONAL] Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 2. Application Criteria: Complete applications shall consist of the following documentation: a. A legal description of the historic property, b. Comprehensive exterior and interior photographs of the historic property before and after rehabilitation, c. Architectural plans or other legible drawings depicting the completed rehabilitation work, and d. A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request, and e. For properties located within historic districts, in addition to the standard application documentation, a statement from the secretary of the interior or appropriate local official, as specified in local administrative rules or by the local government, indicating the property is a certified historic structure is required. 3. Property Review Criteria: In its review the commission shall determine if the properties meet all the following criteria: a. The property is historic property; b. The property is included within a class of historic property determined eligible for Special Valuation by the [LOCAL GOVERNMENT] under Section of this ordinance; DRAFT HISTORIC PRESERVATION ORDINANCE Page 10 of 11 c. The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in Section of this ordinance) within twenty-four months prior to the date of application; and d. The property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1) and listed in Section of this ordinance). 4. Rehabilitation and Maintenance Criteria: The Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. D. Agreement: The historic preservation special valuation agreement in WAC 254-20-120 shall be used by the commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2). E. Appeals: Any decision of the commission acting on any application for classification as historic property, eligible for special valuation, may be appealed to Superior Court under Chapter 34.05.510 -34.05.598 RCW in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the County Board of Equalization. DRAFT HISTORIC PRESERVATION ORDINANCE Page 11 of 11 Graphic Version [No disponible en espanol) WAC 254-20-120 No agency filings affecting this section since 2003 Historic preservation special valuation agreement. The following historic preservation special valuation agreement shall be used by local review boards as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2): This Historic Preservation Agreement is entered into on this .... day of , 19 .... , by and between (hereinafter referred to as APPLICANT) and (hereinafter referred to as LOCAL REVIEW BOARD). WHEREAS APPLICANT is the owner of record of the historic property commonly known as located at , State of Washington, as more fully described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter referred to as PROPERTY); and WHEREAS APPLICANT has requested special valuation of the PROPERTY pursuant to chapter 84.26 RCW; and WHEREAS the LOCAL REVIEW BOARD has determined that the PROPERTY has been substantially rehabilitated within the two year period preceding the date of application and the actual cost of said rehabilitation equals or exceeds twenty-five percent of the assessed valuation of the PROPERTY prior to the improvements; and WHEREAS the LOCAL REVIEW BOARD has verified that the PROPERTY is historic property that falls within a class of properties determined eligible for special valuation by local ordinance or administrative rule; and WHEREAS the LOCAL REVIEW BOARD finds that the rehabilitation work has not altered the PROPERTY in any way which adversely affects those elements which qualify it as historically significant; NOW THEREFORE, in recognition of the foregoing, the APPLICANT enters into this Agreement with the LOCAL REVIEW BOARD and agrees to adhere to the following terms and conditions for the ten-year period of the special valuation classification: 1. APPLICANT agrees to comply with the Washington State Advisory Council's Standards for the Maintenance and Rehabilitation of Historic Properties as set forth in Exhibit B, which is attached hereto and by this reference incorporated herein. 2. APPLICANT agrees the property shall not be altered without the prior written consent of the LOCAL REVIEW BOARD signed by a duly authorized representative thereof. No construction, alteration or remodelling or any other action shall be undertaken or permitted to be undertaken which would affect the historic character of the PROPERTY which classifies it as eligible for special valuation, or which would affect the appearance of the PROPERTY as depicted in the photographs attached hereto and incorporated herein by this reference as Exhibits through , or which would adversely affect the structural soundness of the PROPERTY; provided, however, that the reconstruction, repair, repainting, or refinishing of presently existing parts or elements of the PROPERTY subject to this Agreement, damage to which has resulted from casualty loss, deterioration or wear and tear, shall be permitted without the prior approval of the LOCAL REVIEW BOARD, provided that such reconstruction, repair, repainting, or refinishing is performed in a manner which will not alter the appearance of those elements of the PROPERTY subject to this Agreement as they are as of this date. Exterior changes which shall require the consent of the LOCAL REVIEW BOARD shall include, but not be limited to, any substantial structural change or any change in design, color or materials. 3. APPLICANT agrees the PROPERTY shall not be demolished without the prior written consent of the local review board. 4. APPLICANT agrees to make historic aspects of the PROPERTY accessible to the public one day each year if the PROPERTY is not visible from a public right of way. 5. APPLICANT agrees to monitor the PROPERTY for its continued qualification for special valuation and notify the appropriate County Assessor within 30 days if the PROPERTY becomes disqualified because of a. a loss of historic integrity, b. sale or transfer to new ownership exempt from taxation, or c. sale or transfer to new ownership which does not intend to agree to the terms of this Agreement nor file a notice of compliance form with the County Assessor. 6. The APPLICANT and LOCAL REVIEW BOARD both agree that there shall be no changes in standards of maintenance, public access, alteration, or report requirements, or any other provisions of this Agreement, during the period of the classification without the approval of all parties to this Agreement. Term of the Agreement. This Agreement shall take effect immediately upon signature and remain in effect until the property is no longer eligible for special valuation either through disqualification under RCW 84.26.080 or upon expiration of the ten-year period of special valuation commencing January 1, 19 .... , and ending December 31, 19 ... . Hold Harmless. The APPLICANT or its successors or assigns shall hold the State and the LOCAL REVIEW BOARD harmless from any and all liability and claims which may be asserted against the State and the LOCAL REVIEW BOARD as a result of this Historic Preservation Special Valuation Agreement or the participation by the APPLICANT in the Special Valuation Program. Governing Law. The terms of this Agreement shall be construed in accordance with the laws of the state of Washington. [Statutory Authority: RCW 84.26.120. WSR 86-21-103 (Order 86-11), § 254-20-120, filed 10/20/86.] CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 30, 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: Tourism Promotion Area GOVERNING LEGISLATION: RCW 35.101; Interlocal Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area (originally executed March 9, 2004). PREVIOUS COUNCIL ACTION TAKEN: Amendments to Interlocal Agreement in 2008 and 2009. Administrative Report on August 19, 2014. BACKGROUND: Generally. In 2003, the Washington State Legislature enacted RCW 35.101, authorizing the creation of tourism promotion areas to assist in funding tourism promotion at the local level. Under RCW 35.101, cities and counties are authorized to establish a tourism promotion area within their respective jurisdictions and impose a special assessment on lodging businesses with 40 or more units, to fund tourism promotion. Cities and counties may create a multi -jurisdictional tourism promotion area by interlocal agreement. The maximum charge allowed is $2.00 per night per unit. Charges may differ by classification (i.e., number of rooms, room revenue, or location within the area) and there may be up to six different classifications within a tourism promotion area. The revenue from a tourism promotion area shall be used for "tourism promotion," which includes: activities and expenditures designed to increase tourism and convention business, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists, and operating tourism destination marketing organizations. Tourism promotion areas may only be created by petition of lodging business operators. The petition shall describe the proposed area, the proposed uses and projects for the assessments, the estimated rate for the charge, with breakdowns by classification, and shall be signed by the lodging business operators in the proposed area who would pay 60% or more of the proposed charges. After a petition is submitted meeting statutory requirements, the approving legislative body conducts a public hearing and creates the tourism promotion area by ordinance. The ordinance shall specify the description of the boundaries of the area, the initial rate charges broken down by classification, and the uses to which the charges shall be put. After creation of the tourism promotion area and imposition of the charges, the Washington Department of Revenue administers the funds and deposits the collected charges in a local tourism promotion account. The local legislative authority imposing the charge has sole discretion as to how the revenue may be used. The local legislative authority may create an advisory board or commission to make recommendations on the uses of such funds. The local legislative authority may contract with tourism destination marketing organizations to administer the operation of the area. The Spokane County Tourism Promotion Area. In March 2004, Spokane County, the City of Spokane, and the City of Spokane Valley entered into the Interlocal Cooperation Act Agreement for Establishment of the Spokane County Tourism Promotion Area. It was subsequently amended on May 29, 2008, and August 27, 2009 (as amended, the "TPA Interlocal"). The TPA Interlocal authorizes Spokane County to establish the Spokane County Tourism Promotion Area (the "TPA") encompassing the unincorporated area of Spokane County and the incorporated areas within the boundaries of Spokane and our City. Note that the Cities of Liberty Lake, Millwood, and other local cities are not included within the TPA. The areas within this location are divided into five different zones with special assessments of $2.00 per room, per day for all zones except for Zone D, which has a $0.50 assessment and Zone E, which has no assessment. The zones are as follows: Zone A: Lodging businesses within the downtown core of the City of Spokane. Zone B: The remaining lodging businesses within the City of Spokane and all lodging businesses within the City of Spokane Valley. Zone C: Lodging businesses within the unincorporated area of Spokane County. Zone D: Lodging businesses with room revenue less than $500,000, regardless of location. Zone E: Lodging businesses other than hotels, motels, and bed and breakfast facilities. Such businesses include trailer camps and RV parks, college dormitories, guest ranches and summer camps. As part of the establishment of the TPA, Spokane County created the Spokane Hotel and Motel Commission (the "Hotel/Motel Commission") to advise the Board of County Commissioners on the expenditure of the TPA revenues. The Hotel/Motel Commission consists of 11 members who shall be operators of lodging businesses. Spokane County selects two members and one non-voting ex officio member, Spokane selects four members and one non-voting ex officio member, and the City of Spokane Valley selects two members and one non-voting ex officio member. The TPA is also managed by contract by the Spokane Regional Convention & Visitors Bureau ("Visit Spokane"). The manager administers the activities and programs and prepares the annual budget for the TPA, which is approved by the Board of County Commissioners. TPA Revenues. Under the TPA Interlocal, revenue from the special assessments is allocated by the Board of County Commissioners of Spokane County based on recommendations made by the Hotel/Motel Commission. Revenues from assessments collected within the TPA may be used for (1) funding activities designed to increase tourism promotion and convention business within Spokane County; (2) marketing of convention and business that benefit local tourism and the lodging business within Spokane County; (3) marketing of Spokane County to the travel industry to benefit local tourism and the lodging businesses within the TPA; and (4) marketing of Spokane County to recruit major sporting events in order to promote local tourism and to benefit lodging businesses within the TPA. Revenues received for the years 2010 through 2014 are detailed below: SPOKANE COUNTY TOURISM PROMOTION AREA Spokane Zone A Zone B Zone D Spokane County Zone C Zone D Spokane Valley Zone B Zone D Grand Total Prior to 10/1/2009 Beginning 10/1/2009 ALL ZONES 2010 2011 2012 2013 1,095,426.00 1,114,700.00 1,163,554.00 1,206,076.00 335,732.00 362,142.00 599,980.00 603,984.00 6,308.00 2,750.50 1,437.00 654.50 1,437,466.00 1,479,592.50 1,764,971.00 1,810,714.50 364,246.00 1,116.50 365,362.50 493, 270.00 7,077.00 500, 347.00 361,754.00 0.00 361,754.00 473,168.00 1,166.50 474,334.50 130,376.00 0.00 130,376.00 509, 864.00 882.00 510,746.00 139,026.00 0.00 139,026.00 460,814.00 921.00 461,735.00 2014 1,190,072.00 615,474.00 898.50 1,806,444.50 157, 372.00 0.00 157, 372.00 455,878.00 1,158.50 457,036.50 2,303,175.50 2,315,681.00 2,406,093.00 2,411,475.50 $2,420,853.00 Fee Per Room Night of Stay Zones A, B, C $1.25 $2.00 Zone D $0.50 $0.50 Zone B = Cities of Spokane Valley and Spokane that are not located in downtown Spokane. Lodging revenues during the preceding calendar > $500,000. Zone D = Anywhere in the Spokane County TPA with revenues < $500,000. TPA Fund Uses. The TPA, through the management of Visit Spokane, uses TPA revenues for a variety of purposes, with the majority of distributed revenues to Visit Spokane and the remainder to the Spokane Sports Commission. Visit Spokane meets regularly to discuss regional destination packages, on-going promotions, and social media content to promote tourism. This promotion includes the City of Spokane Valley. Such promotion and services have included assistance with the redesign of our City's mobile application and promotion on Visit Spokane's website, advertisements for Valleyfest and Cycle Celebration, maps highlighting the Sullivan Road retail corridor and Auto Row, and advertisement in the "Spokane Regional Visitors Guide" and seasonal e -magazines, amongst others. Modification to TPA. Originally, the TPA Interlocal provided for a termination date of 2008 with the option of three-year extensions by resolution of each of the governing bodies. However, in 2008, the TPA Interlocal was amended so that it is perpetual. The TPA may be modified the Spokane Board of County Commissioners after conducting a public hearing. If the request for modification is made by the lodging businesses that pay 40% or more of the assessments levied within the entire TPA and the Board of County Commissioners does not conduct the public hearing and make a determination on the requested modification, the City may withdraw from the TPA Interlocal with three months' notice. Other TPAs. At least one local jurisdiction has formed its own TPA. Liberty Lake formed its tourism promotion area in 2004. In 2011, Liberty Lake entered into an agreement with Visit Spokane to manage the Liberty Lake tourism promotion area, much like is done through the Spokane County TPA and TPA Interlocal. As part of the management, Visit Spokane prepares the budget for Liberty Lake approval and then receives and expends the revenues from the Liberty Lake tourism promotion area. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: No direct financial impact to City revenues or expenditures. STAFF CONTACT: Erik Lamb, Deputy City Attorney ATTACHMENTS: N/A CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 30, 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: Administrative report: adopting indigent defense standards. GOVERNING LEGISLATION: RCW 10.101.030 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Since our City's 2003 incorporation, we have contracted with Spokane County for indigent defense (public defender services). RCW 10.101.030 requires the City to adopt minimum standards for the delivery of indigent defense; and since our incorporation, we have relied on the indigent defense standards adopted by Spokane County. The City was recently advised by the Washington State Office of Public Defense that we need to adopt our own standards to be in compliance with state law. Staff drafted proposed standards based on applicable standards adopted by the Washington State Supreme Court, RCW 10.101.030, Spokane County's adopted standards, and standards adopted by the Washington State Defender's Association, a private trade group. An example of a standard adopted by the state Supreme Court in the last several years relates to maximum caseloads for indigent defense attorneys in an effort to try to ensure indigent defendants receive appropriate legal representation. This has received considerable public discussion because of the projected cost to cities and counties. OPTIONS: (1) place on a future agenda for consideration of approving a resolution adopting the indigent defense standards; or (2) seek additional information. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda, a resolution for approval consideration, adopting the proposed Spokane Valley indigent defense standards. BUDGET/FINANCIAL IMPACTS: These standards, on their own, are not anticipated to have a financial impact because they are already being used by Spokane County to provide indigent defense to City residents. STAFF CONTACT: Cary Driskell, City Attorney; John Pietro, Administrative Analyst ATTACHMENTS: (1) Proposed resolution adopting indigent defense standards, with six page draft standards; (2) PowerPoint presentation on adopting indigent defense standards DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 15- A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING STANDARDS FOR THE DELIVERY OF PUBLIC DEFENSE SERVICES PURSUANT TO RCW 10.101.030, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 10.101.030 requires that the City adopt standards for the delivery of public defense services to meet the needs of public defense service recipients for sufficient, accessible, high quality defense services; and WHEREAS, the Washington State Supreme Court and Washington State Bar Association have adopted minimum standards to establish guidance for local jurisdictions in meeting the statutory requirements; and WHEREAS, the City currently contracts with Spokane County for the provision of indigent defense through the Interlocal Agreement for Public Defender Services in the City of Spokane Valley, executed March 24, 2006; and WHEREAS, Spokane County has adopted indigent defense standards for individuals charged with misdemeanor crimes which are substantially similar to the standards contained herein; and WHEREAS, at such time that the City may choose to provide these services by City staff, the City could consider amending these standards accordingly. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, that pursuant to RCW 10.101.030, the City Council hereby adopts the Spokane Valley Indigent Defense Delivery Standards, attached hereto and incorporation herein, which may be amended from time -to -time by subsequent resolution as may be appropriate or necessary. This Resolution shall be effective upon adoption. Adopted this day of July, 2015. City of Spokane Valley Dean Grafos, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney SPOKANE VALLEY INDIGENT DEFENSE DELIVERY STANDARDS These Indigent Defense Delivery Standards are drafted based primarily upon the requirements of RCW 10.101.030, and the Standards for Indigent Defense, adopted by the Washington State Supreme Court on June 15, 2012. Lastly, the Washington Public Defender Association has adopted standards to provide guidance in those areas not specifically addressed by RCW 10.101.030 or the Washington Supreme Court's Standards for Indigent Defense. DEFINITIONS: For the purposes of these Spokane Valley Indigent Defense Delivery Standards (Indigent Defense Standards) the following terms, phrases, words, and their derivations shall mean as follows: "Case" means the filing of a document with the court naming a person as defendant or respondent, to which an attorney is appointed in order to provide representation. In courts of limited jurisdiction multiple citations from the same incident can be counted as one case. "Board" means the Board of Commissioners of Spokane County. "Public Defender's Office" means the office of the Spokane County Public Defender, which is a department of Spokane County, organized pursuant to chapter 36.26 RCW, and which provides indigent defense service to the City of Spokane Valley pursuant to an interlocal agreement. "Public Defense Attorneys" means attorneys employed in the Public Defender's Office or attorneys employed in the separate department of Spokane County called Counsel for Defense. "Public Defense Contractors" means attorneys who are not full-time permanent employees of the Public Defender's Office or Counsel for Defense and who have agreed to represent indigent defendants which the Public Defender's Office and Counsel for Defense cannot represent. STANDARD ONE: COMPENSATION Public Defense Contractors should be compensated commensurate with the complexity of the case assigned and time required for the case. There may be provision for extraordinary compensation for cases which require an unusual measure of time or expertise. The actual salary levels shall be set by Spokane County. STANDARD TWO: DUTIES AND RESPONSIBILITIES OF PUBLIC DEFENSE ATTORNEYS AND PUBLIC DEFENSE CONTRACTORS Public Defense Attorneys' and Public Defense Contractors' primary and most fundamental responsibility is to promote and protect the best interests of the client. Representation to all clients shall be provided in a professional, skilled manner consistent with minimum standards set forth by applicable Washington State Bar Association standards, Indigent Defense Delivery Standards Page 1 of 6 the Rules of Professional Conduct, case law, applicable court rules defining the duties of counsel and the rights of defendants in criminal cases, and the American Bar Association. STANDARD THREE: CASELOAD LIMITS AND TYPES OF CASES Caseload limits and types of cases for Public Defense Attorneys and Public Defense Contractors should allow each attorney to give each client the time and effort necessary to ensure quality representation. No Public Defense Attorney or Public Defense Contractor should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. A Public Defense Contractor shall not allow his or her private law practice to interfere with the representation of indigent defendants. (A) Subject only to the considerations of this Standard Three, in a one-year period, no full time Public Defense Attorney should be expected to handle more than 300 misdemeanor cases per attorney per year or, in jurisdictions that have not adopted a numerical case weighting system as described in this Standard, 400 cases per year. Neither the Public Defender's Office nor the Counsel for Defense Office has adopted a numerical case weighting system for misdemeanor cases. (B) A Public Defense Contractor attorney should not be assigned more than a pro -rata share of public defense cases in a one-year period, in proportion to that attorney's additional private practice cases. For example, a Public Defense Contractor attorney with a public defense contract of 150 misdemeanor cases per year shall not have more than a half-time private practice case load. (C) Supplemental standards adopted by the Washington Public Defender Association also address the number of cases attorneys providing public defense services can effectively handle including, but not limited to, the following: (1) The severity and complexity of the case; (2) The prosecutor's resources and practices; (3) The location of the jail and courts relative to the attorney's office; (4) The availability of diversionary tracks such as drug court, therapeutic mental health court, and community relicensing programs; (5) The docketing practices of the local courts; (6) The definition of a "case;" and (7) The availability of support staff and limited practice personnel. The Public Defender's Office and Counsel for Defense utilize these supplemental standards in the operation of their respective offices. If the total number of cases handled by Public Defense Attorneys and Public Defense Contractor attorneys considered together for a given calendar year exceed 110 percent of the caseloads specified in this Section, or are less than 90 percent of the caseloads specified in this Section in a given calendar year, then the Board and the Spokane County Public Defender shall confer and consider adopting various strategies to address the increase or decrease in case load. Indigent Defense Delivery Standards Page 2 of 6 As previously stated, neither the Public Defender's Office nor the Counsel for Defense utilize a case weighting system for its misdemeanor cases, and thus, the City does not adopt numerical case weighting. However, the Public Defender's Office uses an hourly calendaring system for the arraignment docket. At the arraignment docket, defendants may receive an early resolution offer for diversion of the criminal charges, or a reduction to a non -criminal infraction. In the event of an early resolution, the Public Defender's Office utilizes an hourly calendar system whereby case counts depend on how many early resolutions each attorney can handle on an hourly basis. STANDARD FOUR: EXPERT EXPENSES Public Defense Attorneys and Public Defense Contractors shall have reasonable resources for expert witnesses necessary for preparation and presentation of the defense of the case. Funds for expert witnesses shall be maintained separately from funds provided for expert services. Public Defense Contractors' requests for expert witness fees under Court Rule 3.1(f) may be made through an ex parte motion. The defense should be free to choose the expert of its choosing and in no case should be forced to select experts from a list pre -approved by either the court or the prosecution. STANDARD FIVE: ADMINISTRATIVE COSTS Funding for the Public Defender's Office and Counsel for Defense shall include funding for administrative costs associated with providing legal representation such as travel, telephones and adequate telephone service, law library including electronic legal research, case management systems, computers and software, office space and supplies, training, meeting the reporting requirements imposed by the Washington State Supreme Court standards, and other costs necessarily incurred in the day-to-day management of the offices. Public Defense Attorneys and Public Defense Contractor attorneys shall have access to an office that accommodates confidential meetings with clients, as well as a postal address. STANDARD SIX: INVESTIGATORS Public Defense Attorneys and Public Defense Contractor attorneys shall use investigation services as appropriate. STANDARD SEVEN: SUPPORT SERVICES Public Defense Attorneys and Public Defense Contractors shall be adequately staffed with administrative assistants and paralegals, as well as have access to mental health professionals and interpreters. Public Defense Attorneys and Public Defense Contractors should seek to employ a minimum of one administrative assistant for every four attorneys. STANDARD EIGHT: REPORTS OF ATTORNEY ACTIVITY AND VOUCHERS Indigent Defense Delivery Standards Page 3 of 6 Attorneys employed by Public Defense Attorneys and Public Defense Contractors shall maintain a case -reporting and management information system which tracks the number and type of cases, attorney hours, and disposition of cases. This information shall be available to the Washington State Administrator of the Courts. Provided, attorneys employed by Public Defense Attorneys and Public Defense Contractors shall not be required to provide any information that compromises client confidentiality. STANDARD NINE: TRAINING As a condition of being licensed to practice law in the State of Washington, attorneys are required to attend at least 15 hours of legal training each year. For Public Defense Attorneys, at least seven training hours each year shall be in criminal defense. Public Defense Contractor attorneys should maintain updated manuals for specific areas of practice within their offices, and shall document an orientation for newly hired attorneys. Public Defense Contractor attorneys should document at least five hours of required training annually in the specific area of criminal defense being provided under the contract. STANDARD TEN: SUPERVISION The Public Defender's Office and Counsel for Defense should provide one full-time supervising attorney for every 10 staff attorneys, and one half-time supervisor for every five attorneys. STANDARD ELEVEN: MONITORING AND EVALUATION OF ATTORNEYS There should be a systematic procedure for monitoring and evaluating the performance of Public Defense Attorneys and Public Defense Contractor attorneys. Such evaluations should be performed by supervisors on a regular basis, be according to published criteria, include review of time and caseload records, in -court observations, review and inspection of transcripts where possible, review of case files, and should consider any comments of judges, prosecutors, other defense attorneys, and clients. Attorneys shall be evaluated on their skill and effectiveness as trial lawyers as well as their organizational abilities. STANDARD TWELVE: SUBSTITUTION OF ATTORNEYS OR ASSIGNMENT OF CONTRACT Public Defense Contractors shall not subcontract with another attorney or firm to provide representation, and shall remain directly involved in the representation of assigned clients. Public Defender Contractors shall provide the names and qualifications of the attorneys who will be directly representing the clients to the Public Defender's Office, and ensure that such attorneys meet the minimum requirements set forth in these standards. Indigent Defense Delivery Standards Page 4 of 6 Any agreement between the Public Defender's Office and Public Defender Contractors shall address the continued representation of assigned clients at the expiration of the Agreement. STANDARD THIRTEEN: LIMITATION ON PRIVATE PRACTICE OF PUBLIC DEFENSE CONTRACTOR ATTORNEYS Public Defender Contractor attorneys shall be limited in the amount of privately -retained work which they may accept, in proportion to the percentage of a full-time Public Defense Attorney caseload for which they contract, pursuant to Standard Three above. STANDARD FOURTEEN: QUALIFICATION OF ATTORNEYS (A) In order to ensure that indigent defendants receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services shall meet at least the following minimum professional qualifications: (1) Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; (2) Be familiar with the statutes, court rules, constitutional provisions, and case law relevant to their practice areas; (3) Be familiar with the collateral consequences of a conviction, including possible immigration consequences and the possibility of civil commitment proceedings based on a criminal conviction; (4) Be familiar with mental health issues and be able to identify the need to obtain expert services; and (5) Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. (B) Contempt of Court Cases. Each attorney representing a respondent charged with contempt of court shall meet at least the following requirements: (1) Minimum requirements set forth in subsection (A) above; and (2) Each staff attorney shall be accompanied at his or her first three contempt of court hearings by a supervisor or more experienced attorney, or participate in at least one consultation per case with an attorney qualified in this area of practice. (C) Specialty Courts. Each attorney representing a client in a specialty court (e.g., mental health court, drug diversion court, homelessness court) shall meet at least the following requirements: (1) Minimum requirements set forth in subsection (A) above; (2) The requirements set forth above for representation in the type of practice involved in the specialty court (e.g., felony, misdemeanor, juvenile); and (3) Be familiar with mental health and substance abuse issues and treatment alternatives. (D) RALJ (Rules for Appeal of Decisions of Courts of Limited Jurisdiction) Misdemeanor Appeals to Superior Court. Each attorney who is counsel alone for a Indigent Defense Delivery Standards Page 5 of 6 case on appeal to the Superior Court from Court of Limited Jurisdiction shall meet at least the following requirements: (1) Meet the minimum requirements as outlined in subsection (A) above; and (2) Have had significant training or experience in criminal appeals, criminal motions practice, extensive trial level briefing, clerking for an appellate judge, or assisting a more -experienced attorney in preparing and arguing an RALJ appeal. STANDARD FIFTEEN: DISPOSITION OF CLIENT COMPLAINTS The Public Defender's Office and Counsel for Defense shall promptly respond to clients who make complaints and should keep a written record of the complaints and the response. Complaints should be first directed to the attorney handling the case, then to a supervisor. If the complaint cannot be resolved by the office to which it is issued, the complainant shall be informed of other avenues including the courts or the bar association. Agreements with Public Defender Contractors who accept conflict cases shall include a procedure to respond to client complaints which meets this standard. STANDARD SIXTEEN: CAUSE FOR TERMINATION OR REMOVAL OF ATTORNEY Contracts with Public Defender Contractors should only be terminated prior to their expiration for cause, which could include failure of an attorney to render adequate representation to the client, willful disregard of the rights and best interests of the client, or willful disregard of the standards set forth herein. Representation in an individual case establishes an inviolable attorney-client relationship. Removing an attorney from a case should ordinarily not occur over the objection of the client. STANDARD SEVENTEEN: NON-DISCRIMINATION The Public Defender's Office, Counsel for Defense, and Public Defense Contractors shall not discriminate in violation of applicable state or federal regulations in their hiring practices to provide public defense representation, in the attorneys selected to represent clients, or in their representation of clients. STANDARD EIGHTEEN: GUIDELINES FOR AWARDING DEFENSE CONTRACTS Contracts for public defense services may only be entered into with firms which meet accepted professional standards, and include awarding only to attorneys who have at least one year's experience in the jurisdiction covered by the contract, or to firms where at least one attorney performing the services under the contract has at least one year's experience in the jurisdiction covered by the contract. Indigent Defense Delivery Standards Page 6 of 6 Adoption of indigent defense standards Cary Driskell, City Attorney RCW 10.101.030 Washington state law requires that each jurisdiction adopt minimum standards under which defense for indigent individuals charged with criminal offenses will be provided. Relates to felonies and misdemeanors. These proposed indigent defense standards only relate to misdemeanors occurring in the City of Spokane Valley since responsibility for felonies rests with Spokane County. City of Spokane Valley - Office of the City Attorney Contract for criminal defense services The City has had an interlocal agreement with Spokane County to provide public defender services (indigent defense) for misdemeanor charges since incorporation in 2003. City staff believed it could rely on the indigent defense standards adopted by Spokane County since they were actually providing the services. City was recently informed it would need to adopt its own standards. City of Spokane Valley - Office of the City Attorney City indigent defense standards Staff reviewed various sources in compiling these proposed standards: RCW 10.101.03o; Washington Supreme Court has adopted several minimum standards, including maximum caseloads, attorney training, staff assistance, investigative assistance, etc.; Spokane County's adopted standards; and The Washington Public Defender Association. City of Spokane Valley - Office of the City Attorney Types of standards Representation shall be provided in a professional, skilled manner to all clients. No full time Public Defense Attorney should be expected to handle more than 400 misdemeanor cases per attorney per year. The Public Defender's Office uses an hourly calendaring system for the arraignment docket. At the arraignment docket, defendants may receive an early resolution offeror diversion of the criminal charges, or a reduction to a non -criminal infraction. In the event of an early resolution, the Public Defender's Office utilizes an hourly calendar system whereby case counts depend on how many early resolutions each attorney can handle on an hourly basis. City of Spokane Valley - Office of the City Attorney Types of standards — cont. Public Defense Attorneys shall have reasonable resources for expert witnesses necessary for preparation and presentation of the case. Funding shall adequately provide for administrative costs associated with providing legal representation such as travel, telephones and adequate telephone service, law library including electronic legal research, case management systems, computers and software, office space and supplies, training, meeting the reporting requirements imposed byte Washington State Supreme Court standards, and other costs necessarily incurred in the day-to-day management of the offices. City of Spokane Valley - Office of the City Attorney Types of standards —cont. Public Defense Attorneys shall use investigation services as appropriate to prepare and defend cases. Public Defense Attorneys shall be adequately staffed with administrative assistants and paralegals, as well as have access to mental health professionals and interpreters. Goal is one administrative assistant for four attorneys, not mandatory. City of Spokane Valley - Office of the City Attorney Types of standards — cont. Public Defense Attorneys shall maintain a case -reporting and management information system which tracks the number and type of cases, attorney hours, and disposition of cases. All attorneys in Washington are required to attend at least 15 hours of legal training each year. For Public Defense Attorneys, at least seven training hours each year shall be in criminal defense. Public Defense Attorneys should have one full-time supervising attorney for every 10 staff attorneys, and one half-time supervisor for every five attorneys. City of Spokane Valley - Office of the City Attorney Standards can be modified later The City will have the option of modifying these standards at any time to reflect current circumstances, such as if the City were to consider contracting with another service provider, or if it wanted to bring this service in-house. The City would still have to ensure the standards comply at least with applicable state minimum requirements. City of Spokane Valley - Office of the City Attorney Questions? Any questions? City of Spokane Valley - Office of the City Attorney 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 30, 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: Proposed Ordinance granting telecommunications franchise to Fatbeam. GOVERNING LEGISLATION: RCW 35A.47.040. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: This proposed franchise agreement with Fatbeam would grant a non- exclusive franchise to construct, maintain, and operate telecommunication facilities within the public rights-of-way of the City. Fatbeam does not currently have a telecommunications franchise in the City. The company is located in Coeur d'Alene. It is in the process of purchasing the fiber optic facilities currently owned by EMAN, which obtained a ten-year franchise from the City in 2003, which in 2013. EMAN primarily provides telecommunications fiber to educational facilities, which Fatbeam would continue to do. This agreement would grant a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along or below the public rights-of-way and public places located in the City, as approved under City permits issued pursuant to this franchise. Similar to other franchises with private utility companies, the City would collect no fee from this agreement. The cost of any new construction or maintenance of Fatbeam's facilities shall be solely Fatbeam's expense. The City would require Fatbeam to maintain insurance through the entire period of this agreement. The City will publish, at Fatbeam's cost, a copy of a summary of the franchise in the newspaper following adoption prior to it becoming effective. Staff recommends approval of the proposed franchise. OPTIONS: (1) place on future agenda for first reading; (2) other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on future agenda for first ordinance reading. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Proposed draft Ordinance granting telecommunications franchise to Fatbeam. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15 - AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO FATBEAM TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service;" and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective;" and WHEREAS, this Ordinance has been submitted to the City Attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: "City Manager" means the City Manager or designee. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. "day" shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. Ordinance 15- Fatbeam Telecommunications Franchise Page 1 of 14 DRAFT "hazardous substances" shall have the same meaning as RCW 70.105D.020(10). "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of facilities, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. "overbuilding" shall mean adding additional fiber capacity to an existing conduit housing fiber optic cable. "overlashing" shall mean the act of lashing new fiber optic cable to an existing aerial fiber optic cable. "permittee" shall mean a person or entity who has been granted a permit by the permitting authority. "permitting authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights-of-way. "product" shall refer to the item, thing or use provided by the Grantee. "public property" shall mean any real estate or any facility owned by the City. "Public Works Director" shall mean the Spokane Valley Public Works Director or his/her designee. "relocation" shall mean any required move or relocation of an existing installation or equipment owned by Grantee whereby such move or relocation is necessitated by installation, improvement, renovation or repair of another entity's facilities in the rights- of-way, including Grantor's facilities. "right-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or public way now or hereafter held or administered by the City. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. "telecommunications facilities" shall mean any of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. The abandonment by Grantee of any telecommunications facilities as defined herein shall not act to remove the same from this definition. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grants unto Fatbeam (hereinafter "Grantee"), a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace Ordinance 15- Fatbeam Telecommunications Franchise Page 2 of 14 DRAFT and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along or below the public rights-of-way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "franchise"). This franchise does not permit Grantee to use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(ff). Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. A) Grantee agrees to reserve to City the right to access four dark fiber strands (two pair) along the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole and exclusive municipal, non-commercial use or designation (the "City Reserved Fibers"). Grantee can currently only reserve one pair of dark fiber for City use due to capacity limitations in its legacy system. Grantee anticipates installing additional capacity through overlashing in the future, and shall affirmatively notify City when a second pair of dark fiber is available for potential use as City Reserved Fiber in any portion of the franchise area where any such overlashing has occurred. City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. B) City has the right to access by connection to the City Reserved Fibers at existing Grantee splice points or reasonably established access points within the City limits; provided that all splicing shall be the sole responsibility of Grantee. City shall provide at least 30 days' written notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use by City (the "City Fiber Rate") unless otherwise specifically agreed by both the parties in writing and shall negotiate and enter into a "Fiber License Agreement" which shall govern the terms and conditions for use of the City Reserved Fibers, except cost, which is set forth herein. Said recurring monthly charge shall not be imposed until such time as the fiber is put into use by City. C) In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber bundle, then the following shall apply: 1) If City is using the fibers, then the rate City shall pay Grantee will change from the City Fiber Rate to Grantee's standard commercial rate. 2) If City is not using the fibers, City shall have the option of abandoning the City Reserved Fibers in lieu of paying Grantee's standard commercial rate. If Grantee installs additional fiber capacity, City's right to use four dark fiber stands as set forth in subsections 1 and 2, immediately above, shall again be in effect. D) All access, interconnection and maintenance to and on the City Reserved Fibers shall be performed by Grantee. City shall pay all costs associated with such work to the City Reserved Fibers. The City Reserved Fibers shall have a term that matches the duration of this franchise Ordinance. E) Consistent with and subject to RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights-of-way, the Public Works Director may Ordinance 15- Fatbeam Telecommunications Franchise Page 3 of 14 DRAFT require Grantee to provide City with additional duct or conduit and related structures, at incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City municipal, non- commercial purposes. 1) City shall not require that the additional duct or conduit space be connected to the access structures and vaults of Grantee. 2) This section shall not affect the provision of an institutional network by a cable television provider under federal law. 3) Grantee shall notify the Public Works Director at least 14 days' prior to opening a trench at any location to allow City to exercise its options as provided herein. Section 5. Recovery of Costs. Grantee shall reimburse City for all costs of one publication of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 6. Non -Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent City from granting other or further franchises or permits in any rights-of-way. This and other franchises shall, in no way, prevent or prohibit City from using any of its rights-of-way or affect its jurisdiction over them or any part of them. Section 7. Non -Interference with Existing Facilities. City shall have prior and superior right to the use of its rights-of-way and public properties for installation and maintenance of its facilities and other governmental purposes. City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of-way, streets, avenues, thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of Grantee, unless RCW 35.99.060 provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by the Public Works Director's written notice to Grantee and in accordance with RCW 35.99.060, City may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the telecommunications facilities of Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights-of-way by or under City's authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, Grantee, at its own expense and to the satisfaction of the Public Works Director, wholly make such provisions necessary to eliminate the interference or damage . Section 8. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and Ordinance 15- Fatbeam Telecommunications Franchise Page 4 of 14 DRAFT state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Application of said federal, state, and City Codes and regulations shall be for the purposes of fulfilling City's public trustee role in administering the primary use and purpose of public properties, and not for relieving Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this franchise, Grantee shall afford City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety thereof. Joint users will be required to contribute to the costs of excavation and filling on a pro -rata basis. Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 10. Tree Trimming. Grantee shall have the authority to conduct pruning and trimming for access to Grantee's telecommunications facilities in the rights-of-way subject to compliance with the City Code. All such trimming shall be done at Grantee's sole cost and expense. Section 11. Emergency Response. Grantee shall, within 30 days' of the execution of this franchise, designate one or more responsible people and an emergency 24-hour on-call personnel, and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with City to immediately respond with action to aid in the protection of the health and safety of the public. In the event Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, City may take such actions as it believes are necessary to protect persons or property, and Grantee shall be responsible to reimburse City for its costs and any expenses. Section 12. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 13. Safety. All of Grantee's telecommunications facilities in the rights-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the telecommunications facilities. Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any third party shall have obtained permission from City to use any right—of-way for the purpose of moving any building or other oversized structure, Grantee, upon at least 14 days' written notice from City, shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's telecommunications facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's telecommunications facilities, as determined by City. Upon good cause shown by Grantee, City may require more than 14 days' notice to Grantee to move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's acquisition of any new Ordinance 15- Fatbeam Telecommunications Franchise Page 5 of 14 DRAFT telecommunications facilities in the rights-of-way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights-of-way, Grantee shall submit to City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this franchise. Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to City for all costs and expenses thereof to the extent caused by Grantee. Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's telecommunications facilities in the rights—of-way. Grantee agrees to indemnify City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its telecommunications facilities within the City's rights-of-way. Section 18. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify City against all losses, costs, and expenses (including legal expenses) which City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its telecommunications facilities when so required by City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If City determines that the project necessitates the relocation of Grantee's then- existing telecommunications facilities, City shall: A) At least 60 days' prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and Ordinance 15- Fatbeam Telecommunications Franchise Page 6 of 14 DRAFT B) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights-of-way in order to accommodate such improvement project. C) After receipt of such notice and such plans and specifications, Grantee shall complete relocation of its telecommunications facilities at no charge or expense to City so as to accommodate the improvement project in accordance with RCW 35.99.060 (2). Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to City written alternatives to such relocation. City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities. If so requested by City, Grantee shall submit additional information to assist City in making such evaluation. City shall give each alternative proposed by Grantee full and fair consideration. In the event City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than City, where the telecommunications facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. If City or a contractor for City is delayed at any time in the progress of the work by an act or neglect of Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees to the extent arising out of or in connection with such delays, except for delays and damages caused by City. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee's Telecommunications Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of City, which consent shall not be unreasonably withheld. City has discretion and authority to direct Grantee to remove a facility abandoned by Grantee (whether or not the entity had permission to abandon the facility) and restore the rights-of-way to their pre -removal condition when: (a) a City project involves digging that will encounter the abandoned facility; (b) the abandoned facility poses a hazard to the health, safety, or welfare of the public; (c) the abandoned facility is 24 inches or less below the surface of the rights-of-way and City is reconstructing or resurfacing a street over the rights-of-way; or (d) the abandoned facility has collapsed, broke, or otherwise failed. Grantee may, upon written approval by City, delay removal of the abandoned facility until such time as City commences a construction project in the rights-of-way unless (b) or (d) above applies. When (b) or (d) applies, Grantee shall remove the abandoned facility from the rights-of-way as soon as weather conditions allow, unless City expressly allows otherwise in writing. The expense of the removal, and restoration of improvements in the rights-of-way that were damaged by the facility or by the removal process, shall be the sole responsibility of Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above, then City may incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to reimbursement from Grantee for such Ordinance 15- Fatbeam Telecommunications Franchise Page 7 of 14 DRAFT costs, including reasonable attorney's fees and costs. Section 21. Maps and Records Required. Grantee shall provide City, at no cost to City: A) A route map that depicts the general location of Grantee's telecommunications facilities placed in the rights-of-way. The route map shall identify telecommunications facilities as aerial or underground and is not required to depict cable types, number of fibers or cables, electronic equipment, and service lines to individual subscribers. Grantee shall also provide an electronic map of the aerial/underground telecommunications facilities in relation to the right-of-way centerline reference to allow City to add this information to City's Geographic Information System ("GIS") program. The information in this subsection shall be delivered to City by December 1, annually. B) In connection with the construction of any City project, Grantee shall provide to City, upon City's reasonable request, copies of available drawings in use by Grantee showing the location of such telecommunications facilities. Grantee shall field locate its telecommunications facilities in order to facilitate design and planning of City improvement projects. C) Upon written request of City, Grantee shall provide City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. The information in this subsection shall be delivered to City by December 1, annually. D) In addition to the requirements of subsection 1 of this section, the parties agree to periodically share GIS files upon written request, provided Grantee's GIS files are to be used solely by City for governmental purposes. Any files provided to Grantee shall be restricted to information required for Grantee's engineering needs for construction or maintenance of telecommunications facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. E) Public Disclosure Act. Grantee acknowledges that information submitted to City may be subject to inspection and copying under the Washington Public Disclosure Act codified in chapter 42.56 RCW. Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to City and which it believes is exempt from public inspection or copying. City agrees to timely provide Grantee with a copy of any public disclosure request to inspect or copy documentation/information which Grantee has provided to City and marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide Grantee with a time frame, consistent with RCW 42.56.520, to provide City with its written basis for non -disclosure of the requested documentation/information. In the event City disagrees with Grantee's basis for non -disclosure, City agrees to withhold release of the requested documentation/ information in dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under RCW 42.56.540. Section 22. Limitation on Future Work. In the event that City constructs a new street or reconstructs an existing street, Grantee shall not be permitted to excavate such street except as set forth in City's then - adopted regulations relating to street cuts and excavations. Section 23. Reservation of Rights by City. City reserves the right to refuse any request for a permit to Ordinance 15- Fatbeam Telecommunications Franchise Page 8 of 14 DRAFT extend telecommunications facilities. Any such refusal shall be supported by a written statement from the Public Works Director that extending the telecommunications facilities, as proposed, would interfere with the public health, safety or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein, City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by City shall not prevent City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the City Municipal Code and this franchise, City Code shall control. Section 26. Vacation. City may vacate any City road, right-of-way or other City property which is subject to rights granted by this franchise in accordance with state and local law. Any relocation of telecommunications facilities resulting from a street vacation shall require a minimum of 180 days' notice as provided in section 37. In the event of a street vacation, City shall include in the vacation ordinance a reserved easement for the continued location of Grantee's facilities. Section 27. Indemnification. A) Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness or death of any person or damage to property of any nature whatsoever relating to or arising out of this franchise agreement; except for injuries and damages caused solely by the negligence of City. This includes but is not limited to injury: Ordinance 15- 1) For which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are a proximate cause; 2) By virtue of Grantee's exercise of the rights granted herein; 3) By virtue of City permitting Grantee's use of City's rights -of -ways or other public property; 4) Based upon City's inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the facility or property over which City has control, pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; 5) Arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility, in any right- Fatbeam Telecommunications Franchise Page 9 of 14 DRAFT of -way, or other public place in performance of work or services permitted under a franchise; or 6) Based upon radio frequency emissions or radiation emitted from Grantee's equipment located upon the facility, regardless of whether Grantee's equipment complies with applicable federal statutes and/or FCC regulations related thereto. B) Grantee's indemnification obligations pursuant to subsection 1 of this section shall include assuming liability for actions brought by Grantee's own employees and the employees of Grantee's agents, representatives, contractors and subcontractors even though Grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against City arising by virtue of Grantee's exercise of the rights set forth in a franchise. The obligations of Grantee under this subsection have been mutually negotiated by the parties, and Grantee acknowledges that City would not enter into a franchise without Grantee's waiver. To the extent required to provide this indemnification only, Grantee waives its immunity under RCW Title 51. C) Inspection or acceptance by City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that Grantee has been given prompt written notice by City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. D) In the event that Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorney fees, the reasonable costs of City of recovering under this subsection. E) Grantee's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of (a) City or City's agents, employees, or contractors, and (b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. In the event that a court of competent jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. F) Notwithstanding any other provisions of this section, Grantee assumes the risk of damage to its telecommunication facilities located in the rights-of-way and upon City -owned property from activities conducted by City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from any willful or malicious action or gross negligence on the part of City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against City, its officers, agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Grantee's facilities as the result of any interruption of service due to damage or destruction of Grantee's facilities caused by or arising out of activities conducted by Ordinance 15- Fatbeam Telecommunications Franchise Page 10 of 14 DRAFT City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of City, its officers, agents, employees or contractors. G) The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Grantee's maintenance of insurance as required by this franchise shall not be construed to limit the liability of Grantee to the coverage provided by such insurance, or otherwise limit City's recourse to any remedy available at law or in equity. A) Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned, non - owned, hired or leased vehicles used in relation to this franchise. 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; and B) Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable to the City, and shall cover products liability. City shall be named as an insured under Grantee's Commercial General Liability insurance policy using ISO Additional Insured -State or Political Subdivisions -Permits CG 20 12 or a substitute endorsement acceptable to City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: A) Grantee's insurance coverage shall be primary insurance with respect to City as outlined in the Indemnification section of this franchise. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Grantee's insurance and shall not contribute with it. B) Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after 30 days' prior written notice has been given to City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Grantee shall furnish City with original certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of Grantee prior to the adoption of this Ordinance. Ordinance 15- Fatbeam Telecommunications Franchise Page 11 of 14 DRAFT Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to City, its officers, officials, employees or volunteers. Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by City, not to exceed $25,000, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in City's road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above-mentioned bond would not ensure performance of Grantee's obligations under this franchise, City is entitled to require such larger bond as may be appropriate under the circumstances. Section 30. Modification. City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by City under the provisions of this franchise, and an adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee, then Grantee shall, at the election of City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by City after a hearing held upon reasonable notice to Grantee. City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by City by reason of Grantee's failure to comply. Section 32. Assignment. This franchise may not be assigned or transferred without the written approval of City, except that Grantee can assign this franchise without approval of, but upon notice to City to any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation or otherwise. Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, Grantee shall accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60 -day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they were specifically mentioned herein. Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be Ordinance 15- Fatbeam Telecommunications Franchise Page 12 of 14 DRAFT 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. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 36. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by City. Section 37. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: Grantee: City of Spokane Valley Attn: City Clerk 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Fatbeam Attn: Kim Devlin 2065 West Riverstone Drive, Suite 105 Coeur d'Alene, ID 83814 Phone: (509) 344-1008 Facsimile: (509) 344-1009 Section 38. Choice of Law. Any litigation between City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 39. Non -Waiver. City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of City to enforce prompt compliance, nor does City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 40. Entire Agreement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 41. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. Ordinance 15- Fatbeam Telecommunications Franchise Page 13 of 14 DRAFT PASSED by the City Council this day of , 2015. Dean Grafos, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Accepted by Fatbeam: By: Name and official capacity The Grantee, Fatbeam, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, has signed this day of_ , 2015. Subscribed and sworn before me this day of , 2015. Ordinance 15 - Notary Public in and for the State of residing in My commission expires Fatbeam Telecommunications Franchise Page 14 of 14 Exhibit "A" EMAN - Spokane Valley, WA Google.earth To: From: Re: DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of June 25, 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 July 7, 2015, Study Session Format, 6:00 p.m. 1. Governance Manual Update — Chris Bainbridge 2. Transportation Improvement Board (TIB) Call for Projects — Steve Worley 3. Public Works Project Updates and Progress Report — Eric Guth 4. Parks & Recreation Project Updates and Progress Report — Mike Stone 5. Community & Economic Development Project Updates and Progress Report — John 6. Advance Agenda 7. Info Only: Mullan Road Street Preservation [*estimated July 14, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. First Reading Proposed Ordinance Fatbeam Franchise — Cary Driskell 3. Proposed Resolution Adopting Indigent Defense Standards — Cary Driskell 4. Motion Consideration: TIB Call for Projects — Steve Worley 5. Motion Consideration: Mullan Road Street Preservation Bid Award — Steve Worley 6. Admin Report: Lodging Tax Update — Mark Calhoun 7. Uncovered Loads — Cary Driskell/Eik Lamb 8. Admin Report: Advance Agenda 9. Info: Regional Wayfinding Concept Plan [*estimated July 21, 2015, Study Session Format, 6:00 p.m. 1. Admission Tax — Erik Lamb 2. Comp Plan Overview/Progress Report — John Hohman 3. Advance Agenda [*estimated July 28, 2015, Formal Meeting Format, 6:00 p.m. Presentation: Special Recognition of Eagle Scout Austin Dill Mike Stone 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Proposed Ordinance Fatbeam Franchise — Cary Driskell 3. Admin Report: Advance Agenda 4. Admin Report: Regional Wayfinding Concept Plan — Eric Guth 5. Info Only: Dept. Monthly Reports August 4, 2015 — No Meeting (National Night Out) [*estimated August 11, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: 2016 Budget Estimated Revenues/expenditures — Chelsie Taylor 3. Admin Report: Advance Agenda August 18, 2015, Study Session Format, 6:00 p.m. 1. Advance Agenda [due Mon, June 29] (20 minute) (15 minutes) (15 minutes) (15 minutes) Hohman (15 minutes) (5 minutes) meeting: 70 minutes] [due Mon, July 6] (5 minutes) (10 minutes) (10 minutes) (10 minutes) (10 minutes) (15 minutes) (15 minutes) (5 minutes) meeting: 70 minutes] [due Mon, July 13] (15 minutes) (90 minutes) (5 minutes) meeting: 110 minutes] [due Mon, July 20] (5 minutes) (5 minutes) (10 minutes) (5 minutes) (15 minutes) meeting: 40 minutes] [due Mon, Aug 3] (5 minutes) (20 minutes) (5 minutes) [due Mon, Aug 10] (5 minutes) Draft Advance Agenda 6/25/2015 1:18:48 PM Page 1 of 3 August 25, 2015, Formal Meeting Format, 6:00 p.m. [due Mon, Aug 17] 1. PUBLIC HEARING: 2016 Budget Revenues, including Property Taxes — Chelsie Taylor (15 minutes) 2. Consent Agenda (claims, payroll, minutes, motion to set Sept 22 Budget Hearing) 3. Admin Report: Spokane County Library District Update — Sheree West and Diane Brown 4. Admin Report: Advance Agenda 5. Info Only: Dept. Monthly Reports (5 minutes) (15 minutes) (5 minutes) [*estimated meeting: 40 minutes] September 1, 2015, Study Session Format, 6:00 p.m. [due Mon, Aug 24] 1. Outside Agency Presentations (Economic Development, & Social Service; 5 minutes each) (-90 minutes) 2. Advance Agenda (5 minutes) September 8, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointment: Lodging Tax Member — Mayor Grafos 3. Admin Report: City Manager Presentation of 2016 Preliminary Budget — Mike Jackson 4. Admin Report: Advance Agenda September 15, 2015, Study Session Format, 6:00 p.m. 1. Advance Agenda September 22, 2015, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: 2016 Budget — Chelsie Taylor 2. First Reading Property Tax Ordinance — Chelsie Taylor 3. Motion Consideration: Outside Agency Grant Allocations — Chelsie 4. Admin Report: 2015 Budget Amendment — Chelsie Taylor 5. Admin Report: Advance Agenda 6. Info Only: Dept. Monthly Reports September 29, 2015, Study Session Format, 6:00 p.m. 1. Advance Agenda October 6, 2015, Study Session Format, 6:00 p.m. 1. Advance Agenda October 13, 2015, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: 2015 Budget Amendment — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Property Tax Ordinance — Chelsie Taylor 4. First Reading Ordinance Adopting 2016 Budget — Chelsie Taylor 5. First Reading Ordinance Amending 2015 Budget — Chelsie Taylor 6. Admin Report: Advance Agenda October 20, 2015, Study Session Format, 6:00 p.m. 1. Advance Agenda Taylor [due Mon, Aug 31] (5 minutes) (5 minutes) (30 minutes) (5 minutes) [due Mon, Sept 7] (5 minutes) [due Mon, Sept 14] (20 minutes) (15 minutes) (20 minutes) (20 minutes) (5 minutes) [*estimated meeting: 80 minutes] [due Mon, Sept 21 [due Mon, Sept 28] [due Mon, Oct 511 (10 minutes) (5 minutes) (10 minutes) (15 minutes) (10 minutes) (5 minutes) [due Mon, Oct 12] (5 minutes) October 27, 2015, Formal Meeting Format, 6:00 p.m. [due Mon, Oct 19] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second reading Adopting 2016 Budget — Chelsie Taylor (10 minutes) 3. Second Reading Amending 2015 Budget — Chelsie Taylor (10 minutes) 4. Admin Report: Lodging Tax Advisory Cmte (LTAC) Recommended Allocations — Mark Calhoun (25 minutes) 5. Admin Report: Advance Agenda (5 minutes) 6. Info Only: Dept. Monthly Reports [*estimated meeting: 55 minutes] Draft Advance Agenda 6/25/2015 1:18:48 PM Page 2 of 3 November 3, 2015, Study Session Format, 6:00 p.m. 1. Fee Resolution for 2016 — Chelsie Taylor 2. Advance Agenda November 10, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda [due Mon, Oct 26] (15 minutes) (5 minutes) [due Mon, Nov 2] (5 minutes) (5 minutes) November 17, 2015, Study Session Format, 6:00 p.m. [due Mon, Nov 9] 1. Advance Agenda (5 minutes) November 24, 2015 — no meeting (Thanksgiving week) December 1, 2015, Study Session Format, 6:00 p.m. [due Mon, Nov 23] 1. Advance Agenda (5 minutes) December 8, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Proposed Fee Resolution for 2106 — Chelsie Taylor 3. Motion Consideration: LTAC Allocations —Mark Calhoun 4. Admin Report: Advance Agenda December 15 2015, Study Session Format, 6:00 p.m. December 22, 2015 — no meeting December 29, 2015, Study Session Format, 6:00 p.m. January 5, 2016, Study Session Format, 6:00 p.m. 1. Council Officer Elections for Mayor and Deputy Mayor — Chris Bainbridge *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appointments (either Dec 29 or Jan 12) — 3 PC Appointments (either Dec 29 of Jan 12) - 2 LTAC Appts: Various Committees (Dec 29 or Jan 12) Avista Electrical Franchise (2"d read Ord 15-011) Clean Air Agency (Julie Oliver) Coal/Oil Train Environmental Impact Statement LID (Local Improvement District) Marijuana, Legislative Update Marijuana, Minor in Consumption Public Safety Quarterly Costs Sidewalks and Development SRTMC Interlocal Agreement (prior to end of year) Used Oil Signage Ordinance [due Mon, Nov 30] (5 minutes) (10 minutes) (20 minutes) (5 minutes) [due Mon, Dec 7] [due Mon, Dec 21] [due Mon, Dec 28] (15 minutes) Draft Advance Agenda 6/25/2015 1:18:48 PM Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 30, 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: 2015 Transportation Improvement Board (TIB) Call for Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adoption of 2016-2021 Six -Year TIP, June 23, 2015. BACKGROUND: The Washington State Transportation Improvement Board (TIB) issued a 2015 Call for Projects on June 1, 2015 for allocation of funding for the Urban Arterial Program (UAP) and Urban Sidewalk Program (SP). Approximately $87M is available statewide for funding the Urban Arterial Program (UAP). The anticipated funding levels for the Urban Arterial Program in the Northeast Region have increased from $8.3M last year to $9.6M this year. The East Region Urban Sidewalk Program decreased from $1.1M from last year to $0.84M this year. Project applications are due Friday, August 21, 2015. Staff evaluated the TIB grant criteria and worked with TIB staff to identify projects that will score well and have a high potential to receive funding. Staff reviewed the adopted 2016-2021 Six - Year TIP, the Pavement Management Program, accident hot -spots, and other elements of the city's transportation network. Staff also coordinated project ideas with the Community and Economic Development Department staff. Based on this evaluation, the following preliminary list of projects was developed for submitting to TIB for consideration. PROJECT NAME In the 6 -Yr TIP? TIP YEAR ESTIMATED PROJECT COST Urban Arterial Program Mirabeau & Pines (SR -27) Parkway Traffic Signal YES 2016 $350,000 McDonald Rd Pavement Preservation, 8th to Mission YES 2016 $1,300,000 Sullivan/Euclid Concrete Intersection (RW/CN) YES 2017 $2,108,000 Broadway at Argonne/Mullan Concrete Intersections (CN Only) YES 2019 $1,703,000 Urban Sidewalk Program Opportunity Elementary — SRTS (Bowdish Rd) No N/A $500,000 OPTIONS: Information only RECOMMENDED ACTION OR MOTION: Information only BUDGET/FINANCIAL IMPACTS: The city's match on TIB funded projects is typically 20% of the total project cost. As the proposed TIB applications are developed, staff will coordinate with the Finance Department to ensure there are sufficient city funds to provide the needed match for the proposed TIB projects. Right-of-way is not an eligible cost for sidewalk projects. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer Eric P. Guth, PE — Public Works Director ATTACHMENTS: Project Summary Sheets Mirabeau Pkwy & Pines (SR -27) Traffic Signal Spokane Valley Mirabeau Pkwy & Pines (SR -27), Traffic Signal 2016 2017 2018 2019 2020 2021 Project Description: The Mirabeau Pkwy & Pines (SR -27) Traffic Signal project installs a new traffic signal at the Mirabeau Pkwy and Pines (SR -27) in- tersection. New commercial development along Mirabeau Pkwy and increased traffic along Pines (SR -27) has made it increasingly difficult to access Mirabeau Pkwy during the morning peak hour and Pines Road during the evening peak hour. Benefits of Project: Installing a new traffic signal at Mirabeau Pkwy & Pines (SR -27) will increase the level -of -service at the intersection from LOS "F" to "LOS" B during the AM & PM Peak Hour. A failing LOS places the burden of mitigating this condition on new development which is oftentimes cost prohibitive. Installing a traffic signal at this location will encourage business to locate and develop along Mirabeau Pkwy, Pinecroft Way, and Cherry Street. Project Cost Estimate: Preliminary Engineering (PE) - $30,000 Construction (CN) - $320,000 Total Project Cost—$350,000 McDonald Rd Pavement Preservation, 8th to Mission S`pokan� Mission Ave McDonald Rd Road Diet, 16th to Mission Sprague Ave �Oppori u n ity 2016 16th Ave North 2017 2018 2019 2020 2021 Project Description: This project will grind and place a 1.5-2.5 inch overlay on McDonald Road from 8t" Avenue to Mission Avenue. In addition, over 80 sidewalk curb ramps will be rebuilt to comply with current ADA requirements. This project will also upgrade the current storm - water system. Funding has been received for the pavement markings and signs needed to reconfigure McDonald Road from a 4 - lane road section from Sprague Avenue to Mission to a 3 -lane section with bike lanes, and add bike lanes south of Sprague to 16th Avenue using Highway Safety Improvement Funds. Benefits of Project: The McDonald Rd ROAD DIET project will enhance safety from Sprague to Mission by reducing accidents by at least 20% for all accident types. Providing new marked bike lanes along McDonald will give bicyclists excellent north -south access in the heart of the City and access to the Appleway Trail which provides excellent east -west access to the City's commercial core. Project Cost Estimate: Preliminary Engineering (PE) - $133,000 RW—$1,000 Construction (CN) - $1,166,000 Total Project Cost—$1,300,000 Awarded $608,900 in HS1P to construct traffic components for Road Diet, this project is for pavement preservation and sidewalk ramps. DRAFT (6-23-2015) SPokanSullivan Euclid Concrete Intersection (RW/CN) Sullivan/Euclid Ma11ey �i Sullivan/Euclid Concrete intersection (RWICN) Project 2016 2017 1 2018 2019 2020 2021 Project Description: This project will reconstruct the intersection of Sullivan Rd and Euclid Ave with Portland Cement Concrete and provide ADA up- grades as necessary. Benefits of Project: The existing intersection is experiencing severe rutting, ravelling and longitudinal cracking. Significant truck traffic continues to destroy the pavement. Preservation of the existing pavement is not an option in that the existing pavement section does not have the structural integrity to support the heavy turning trucks. To reconstruct this intersection using PCC Pavement at a de- signed depth to support the type of traffic using it will provide a long term solution to prevent pavement deterioration. This is the most cost effective solution and the least expensive over the long run for the taxpayer. Project Cost Estimate: Right of Way (RW) = $26,000 Construction (CN) = $2,082,000 Total Estimated Construction and Right of Way cost = $2,108,000 DRAFT (6-23-2015) Broadway @ Argonne/Mullan Concrete Intersections (CN only) 2016 2017 2018 2019 2020 2021 Project Description: This project will reconstruct the intersections of Broadway Avenue at Argonne and Mullan Roads with PCC pavement and provide ADA upgrades as necessary. Benefits of Project: The existing intersection is experiencing severe rutting, raveling and longitudinal cracking. Significant truck traffic continues to destroy the pavement. Preservation of the existing pavement is not an option in that the existing pavement section does not have the structural integrity to support the heavy turning trucks. To reconstruct this intersection using PCC Pavement at a de- signed depth to support the type of traffic using it will provide a long term solution to prevent further pavement deterioration. This is the most cost effective solution and the least expensive for the taxpayer. The design life of the project is 30 years. Project Cost Estimate: Construction (CN) = $1,703,000 DRAFT (6-23-2015) Opportunity Elementary-SRTS (Bowdish Road) Spokane P�a11ey Bowdish Road Project Description: This project is a Safe Routes to School (SRTS) project that provides new sidewalks to the Opportunity Elementary School. New sidewalks will be installed along the east side of Bowdish Road beginning at 8th Avenue and ending at 12th. At 11th Avenue, new sidewalks will be installed on the south side of the street from Bowdish Road east to Wilbur Road. The project will include new curbing, a minimum 5' wide sidewalk, new ADA curb ramps at street corners, some roadway paving where new curbs will be be- yond the existing edge of road, some right-of-way acquisition, curb walls and stormwater facilities. Benefits of the Project: New sidewalks provide a safer route to school. Sidewalks build a sense of neighborhood and community and these sidewalks will hopefully reduce the number of cars dropping children off at school during the day. Sidewalks promote safety and encourages children and their parents to walk and be more active. Project Cost Estimate: Preliminary Engineering = $90,000 Right of Way & Construction = $6,000 Construction = $404,000 Total Estimated Project Cost = $500,000