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2015, 12-08 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday, December 8, 2015 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER INVOCATION: Pastor Matthew Larson, Advent Lutheran Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS MAYOR'S REPORT PROCLAMATION: n/a PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and city residence for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of vouchers on Dec. 8, 2015 Request for Council Action Form Totaling $5,488,754.68 b. Approval of Payroll for Pay Period Ending November 15, 2015: $322,383.82 c. Approval of Payroll for Pay Period Ending November 30, 2015: $446,005.31 d. Approval of November 10, 2015 Formal Format Council Meeting Minutes e. Approval of November 18, 2015 Special Council Meeting Minutes, 5:00 p.m. meeting f. Approval of November 18, 2015 Special Council Meeting Minutes, 6:00 p.m. meeting g. Motion to Approve Early Closure on Christmas Eve h. Approval of Windstorm Funding Proposal NEW BUSINESS 2. First Reading Ordinance 15-024 adopting SMP — Lori Barlow [public comment] 3. First Reading Ordinance 15-025 Amending SVMC Title 17 (CTA 2015-0005) — Marty Palaniuk [public comment] 4. First Reading Ordinance 15-026 Amending SVMC Title 18 (CTA 2015-0005) — Marty Palaniuk [public comment] 5. First Reading Ordinance 15-027 Amending SVMC Appendix A (CTA 2015-0005) — Marty Palaniuk [public comment] 6. Proposed Resolution 15-010 Supporting Chamber of Commerce `BIG 5' — Mike Jackson [public comment] Council Agenda 12-08-15 Formal Format Meeting Page 1 of 2 7. Motion Consideration: Legislative Agenda — Mike Jackson, Briahna Murray [public comment] 8. Motion Consideration: Community Minded TV Agreement — John Pietro [public comment] 9. Motion Consideration: Spokane Regional Transportation Management Center (SRTMC) Interlocal Agreement — Eric Guth, Sean Messner [public comment] 10. Motion Consideration: Street Maintenance Contract Renewal — Eric Guth [public comment] 11. Motion Consideration: Street Sweeping Contract Renewal — Eric Guth [public comment] 12. Motion Consideration: Lodging Tax Advisory Committee Allocations —Mark Calhoun [public comment] 13. Motion Consideration: Request to Participate Via Telephone January 5 Council Meeting — Councilmember Gothmann [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and city residence for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS 14. Mining Moratorium Update — Erik Lamb 15. Consulting Services Draft Interlocal Agreement — Mark Calhoun 16. Advance Agenda — Mayor Grafos INFORMATION ONLY: 17. Bicycle Helmets — Cary Driskell CITY MANAGER COMMENTS ADJOURNMENT General Meetin,i Schedule (meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 21'1 and 41 Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1st 3"and 51 Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921-1000 as soon as possible so that arrangements may be made. Council Agenda 12-08-15 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Department Director Approval: Check all that apply' 171 consent f 01c kr.isiii Lj new business ❑ l,,,Hic I - car f - F,1 AGENDA ITEM TITLE: Approval of the Fc,llov'ing Vouchers: VOUCHER LIST 11/04/2015 11/06/2015 11/10/2015 11/12/2015 11/16/2015 11/17/2015 11/20/2015 11/20/2015 11/30/2015 11/30.12015 11/30/2015 VOI. 1.11ER I[1 F11114.1ZS 101 ; t1 AMOUNT 3GR?'3-isiS"�� 5311, 5:121-532-1, -;. _.:?.6819-36'680 36881-36940; 1101150025 36941-36977 (-36956) 6485-6489 5325, 5334-5335, 5337-5338 `7.1.:10(1,:','_ 1I i!I50025 1 $295,199:79 $1,949,662.63 $86,771.90 $1,050.00 $71,38'2.16 $117.976.81 $241,881.66 $1.1 70.CrC, $708.1110.24 GRAND TOTAL: $5.488,754.68 I1=uud Numbers found #001 - General Fund 041.411.40{1.51 1, City Council 001.013.000.513. City Manager 001.013,015.515. Legal 001.016.000. Public Safety 001.018.013.513. Deputy City Manager 001.018,014.514. Finance 001.41 8.016518. Human Resources 001.032.000, I'rrrbIic Works 001.058-050.558. CED - Administration 001.058.051.538. CED — Economic Development 001.058.055.558. CID -- Development Services-Engirneering 001.058.056-558, CEI] — I)evelopatent Services -Planning 001.058.057.558 CED — Building 001.0 76.000.576. Parks & Rec.—Administration 001.076.300-576. Parks & kec-Maintenance 001.076.301.571. Parks & Rec-Recreation 001.076302.576. Parks & Ree- Aquatics 001,076.30.4.575. Parks 8 Rec- Senior Center 001.076.305.571. Parks &. Ree-CenterPlace 001.090.000.511. General Gov't- Council related 001.090.000.514. General Gov't{Finance related 001.090.000.517. General Gov't -Employee supply 001.090.000.518. Gen.°rr I C I r •'.. 't- Centralized Services 001.090.000.519. Cic'n. ritl t; . 't -Other Services 001_090.000_540. (1 c n ", :: l 4 ; r . - r "','rans pertati on 001.090.000.550. Gen:r:tI G4 .I -Natural & Economic 001.090.000.560. GeneralOro( 't k}ciat Ser. 001.090.000,594. General 60,,,-',-(.:N11;1,,1 001.090.000.595. General Gov't-Pavuiii.mI I'rerrci � €;r.ir'ri on Voucher Lists Other Funny 101 — Strc t i kind 103 Paths & Trails 105 — 11otel Motel Tape 106 — Solid Waste 120 - CenierPlace C)peralir,v, Iii 4Lr t c 121—Semi%_:%.:_ _I51.r1iliaitnlEc.,;:rt� 122 —1h 123 — ltk'I! 2ill — 111:I.71 :tL'r 6'3tiis 301—R1:I.I" I btIr r!PrtIelr4 302 - R1 I:1 2 Capital 1"rt. jL_Lii, 303 — Silier Capital Fr4_14.,ciY 309—Parks Capital 310— Civic Bldg Capital 311 —Pavement PreservatiDn 312 --Capital Reserve 402. — Stcrmwater Management 403 — Aquifer Protection Area 501 Equipment Rental & Replacement 502 — Risk Managetnent RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [,Approved as part of the Consent Agenda, or may be removed and discussec separately.] STAFF CONTACT: Chelsie Taylor, Interirr Finance Director ATTACHMENTS: Voucher Lists vchlist 11/04/2015 1:56:31 PM Voucher List Page: 1 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 36873 11/4/2015 001606 BANNER BANK 5214 Oct 2015 402.402.000.531 INLAND NORTHWEST AGO 925.00 5214 Oct 2015 001.032.000.543 ALASKA AIRLINES 142.00 5214 Oct 2015 001.018.014.514 NEW HORIZONS COMPUTER LEAF 2,000.00 Total : 3,067.00 36874 11/4/2015 001606 BANNER BANK 8573 Oct 2015 001.011.000.511 GEOTRUST SECURITY CENTER 898.00 8573 Oct 2015 001.013.015.515 WAPRO 165.00 8573 Oct 2015 001.032.000.543 APWA 395.00 8573 Oct 2015 101.042.000.542 GIBSON'S NURSERY 47.34 8573 Oct 2015 001.018.013.513 MICHAELS STORES 10.32 8573 Oct 2015 001.018.013.513 AMAZON 68.66 8573 Oct 2015 001.018.014.514 GFOA 125.00 8573 Oct 2015 001.018.014.514 GFOA 125.00 8573 Oct 2015 001.018.014.514 GFOA 140.00 8573 Oct 2015 001.018.014.514 GFOA 140.00 8573 Oct 2015 001.018.014.514 GFOA 140.00 8573 Oct 2015 001.018.013.513 GFOA 125.00 8573 Oct 2015 001.013.000.513 GREATER SPOKANE INC 20.00 8573 Oct 2015 101.042.000.542 UNIVERSITY OF FLORIDA 400.00 8573 Oct 2015 001.018.014.514 FRED PRYOR CAREERTRACK 149.00 Total : 2,948.32 36875 11/412015 001606 BANNER BANK 8581 Oct 2015 001.058.056.558 NATIONAL SEMINARS GROUP 199.00 8581 Oct 2015 001.058.055.558 NW REGIONAL FLOODPLAIN MGM 40.00 8581 Oct 2015 001.058.055.558 NW REGIONAL FLOODPLAIN MGM 475.00 8581 Oct 2015 001.058.050.558 GREATER SPOKANE INC 150.00 8581 Oct 2015 001.058.051.558 URBAN LAND INSTITUTE 50.00 8581 Oct 2015 001.058.051.558 URBAN LAND INSTITUTE 50.00 8581 Oct 2015 001.058.051.558 INLAND NW PARTNERS 80.00 8581 Oct 2015 001.058.056.558 CAMPBELLS LODGE 184.60 8581 Oct 2015 001.058.055.558 AMERICAN SOCIETY CIVIL ENGINE 250.00 Total : 1,478.60 36876 11/4/2015 001606 BANNER BANK 8599 Oct 2015 001.076.301.571 WALMART 253.05 8599 Oct 2015 001.076.305.575 MY PROJECTOR LAMPS.COM 241.99 8599 Oct 2015 001.076.301.571 PARTY CITY 17.38 Page: vchlist 11/04/2015 1:56:31 PM Voucher List Page: 2 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept DescriptionfAccount Amount 36876 11/4/2015 001606 BANNER BANK (Continued) 8599 Oct 2015 8599 Oct 2015 8599 Oct 2015 8599 Oct 2015 8599 Oct 2015 8599 Oct 2015 8599 Oct 2015 8599 Oct 2015 8599 Oct 2015 8599 Oct 2015 8599 Oct 2015 36877 11/4/2015 001606 BANNER BANK 8565 Oct 2015 8565 Oct 2015 001.076.301.571 LOWE'S BUSINESS ACCOUNT 001.076.301.571 DOLLARTREE STORES INC 001.076.301.571 HOBBY LOBBY 001.076.099.576 HOBBY LOBBY 001.076.305.575 HOBBY LOBBY 001.076.305.575 HOBBY LOBBY 001.076.099.576 HOBBY LOBBY 001.076.301.571 ACE HARDWARE 001.076.301.571 SPIRIT HALLOWEEN 001.076.301.571 WALMART 001.076.301.571 WALMART 001.090,000.518 GRID CONNECT INC 001.090.000.518 DROPBOX INC Total : Total : 26.17 32.61 54.22 91.30 4,33 3.24 -32.60 16.45 189.00 63.57 211.38 1,172.09 197.90 244.58 442.48 36878 11/4/2015 001606 BANNER BANK 8557 Oct 2015 001.011.000.511 GREATER SPOKANE VALLEY CHAP 50.00 8557 Oct 2015 001.011.000.511 GREATER SPOKANE VALLEY CHAP 25.00 8557 Oct 2015 001.011.000.511 GREATER SPOKANE VALLEY CHAP 10.00 8557 Oct 2015 001.011.000.511 GREATER SPOKANE VALLEY CHAP 25.00 8557 Oct 2015 001.011.000.511 GREATER SPOKANE VALLEY CHAP 25.00 8557 Oct 2015 001.011.000.511 GREATER SPOKANE VALLEY CHAP 25.00 8557 Oct 2015 001.011.000.511 GREATER SPOKANE VALLEY CHAP 20.00 Total : 180.00 6 Vouchers for bank code : apbank Bank total : 9,288.49 6 Vouchers in this report Total vouchers : 9,288.49 Page: 2 vchlist Voucher List Page: 11/0612015 11:46:10AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept DescriptionfAccount Amount 5311 11/5/2015 000165 DEPT OF RETIREMENT SYSTEMS Ben64028 001.231.15.00 PERS: PAYMENT 92,756.38 Total : 92,756.38 5321 11/5/2015 000048 VANTAGE TRANSFER AGENTS, 401A PLAN Ben64030 001.231.14.00 401A: PAYMENT 31,684.64 Total : 31,684.64 5322 11/5/2015 000682 EFTPS Ben64032 001.231.11.00 FEDERAL TAXES: PAYMENT 35,425.18 Total : 35,425.18 5323 11/5/2015 1100145 VANTAGEPOINT TRANSFER AGENTS, 457 PLL Ben64034 001.231.18.00 457 DEFERRED COMPENSATION: PAYI 5,741.69 Total : 5,741.69 5324 11/5/2015 000162 VANTAGE TRANSFER AGENTS, 401A EXEC PL 8en64036 001.231.14.00 401 EXEC PLAN. PAYMENT 1,441.96 Total: 1,441.96 5333 11/5/2015 000682 EFTPS Ben64040 001.231.11.00 FEDERAL TAXES: PAYMENT 1,231.66 Total : 1,231.66 36879 11/5/2015 000120 AWC Ben64024 101.231.16.00 HEALTH PLANS: PAYMENT 114,043.62 Ben64038 001.231.16.00 HEALTH PLANS (COUNCIL): PAYMENT 10,757.68 Total : 124,801.30 36880 11/5/2015 000699 WA COUNCIL CO/CITY EMPLOYEES Ben64026 001.231.21.00 UNION DUES, PAYMENT 2,416.98 Total : 2,416.98 8 Vouchers for bank code : apbank Bank total : 295,499.79 8 Vouchers In this report Total vouchers : 295,499.79 vchlist 1111012015 1:16:50PM Voucher List Spokane Valley Page: tet' Bank code : apbank Voucher Date Vendor Invoice 36881 11/10/2015 000197 ACRANET 36882 11/10/2015 002931 ALL WESTERN INDUSTRIAL SUPPLY 36883 11/10/2015 003076 AMSDEN, ERICA 1510665 101502 EXPENSE 36884 11/10/2015 003337 ARROW CONSTRUCTION SUPPLY INC 163608 164752 165022 36885 11/10/2015 000538 BACON CONCRETE INC 36886 11/10/2015 001344 BENTLEY SYSTEMS INC 36887 11/10/2015 000173 BINGAMAN, GREG 36888 11/10/2015 000796 BUDINGER & ASSOCIATES INC 36889 11/10/2015 002615 BULLOCK, SUSAN 36890 11/10/2015 001122 CAMERON-REILLY LLC 36891 11/10/2015 000101 CDW-G PAY APP 2 4771/072 EXPENSE M14310-6 M15498-1 EXPENSE PAY APP 2 PAY APP 4 ZR45686 Fund/Dept 001.018.016.518 101.000.000.542 001.032.000.543 101.042.000.542 101.042.000.542 101.042.000.542 303.000.206.595 001.032.000.543 001.018.014.514 303.303.155.595 303.000.206.595 001,013.015.515 303.303.167.595 303.303.060.595 001.090.000.518 DescriptionlAccount Amount NEW HIRE BACKGROUND CHECK: Total : SUPPLIES: PW EXPENSE REIMBURSEMENT SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW Total : Total : Total : 0206 -SPRAGUE & LONG SIDEWAU Total : FLOW MASTER/CULVERT SUBSCR Total : EXPENSE REIMBURSEMENT Total : 0155-SULLIVAN BRIDGE MATERIAL 0206-SPRAGUEJLONG SIDEWALK I Total : EXPENSE REIMBURSEMENT Total : 0167 -CITYWIDE SAFETY IMPROVE 0060 - CONSTRUCTION CONTRAC' Total : IT SUPPLIES Total : 67.00 67.00 119.89 119.89 20.70 20.70 527.50 252.26 10.89 790.65 90241.60 90, 241.60 552.20 552.20 777.17 777.17 792.34 3,941.05 4,733.39 210.52 210.52 7,672.00 16,465.70 24,137.70 107.55 107.55 Page: veil l ist 11/1012015 1:16:50PM Voucher List Spokane Valley Page: r2 Bank code : apbank Voucher Date Vendor Invoice 36892 11/10/2015 002572 CINTAS CORPORATION 36893 11/10/2015 003221 CITY OF SPOKANE VALLEY 36894 11/10/2015 001888 COMCAST 36895 11/10/2015 000508 CONOCOPHILLIPS FLEET 36896 11/10/2015 001157 COUNTRY HOMES POWER EQUIP 36897 11/10/2015 001880 CROWN WEST REALTY LLC 36898 11/10/2015 003255 DAY WIRELESS SYSTEMS 36899 11/10/2015 003624 DEHN, SHELLY 36900 11/10/2015 000734 DEPT OF TRANSPORTATION 36901 11/10/2015 004040 EAGLE TECHNOLOGY MGMT 606152595 606152743 606153839 606155094 606155226 606156312 CIP 0123 NOV 2015 42827718 121094 November 2015 573941 EXPENSE RE-313-ATB51013031 RE-313-ATB51013046 RE-313-ATB51013053 RE-313-ATB51013099 Fund/Dept 101.000.000.542 101.042.000.543 101.000.000.542 101.000,000.542 101.042.000.543 101.000.000.542 Description/Account Amount SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW Total : 303.303.123.595 SEPA REVIEW FOR STORMWATER Total : 001.090.000.518 INTERNET CITY HALL Total : 402.402.000.531 OCTOBER 2015: FLEET FUEL BILL Total : 101.042,000.542 SUPPLIES: PW Total : 101.042.000.543 COMMON AREA CHARGES FOR M/ Total : 101.042.000.543 TOWER RENTAL 001.018.016.518 EXPENSE REIMBURSEMENT 311.000.211.595 101.042.000.542 101.042.000.542 303.303.155.595 Total : Total : 107.18 255.95 120.61 107.18 219.84 107.18 917.94 350.00 350,00 143.03 143.03 1,501.43 1,501.43 301.56 301.56 252.98 252.98 206.07 206.07 8.46 8.46 PROJECT GCB -1862R 240.098.53 REIMB TRAFFIC SERVICES 7.717.94 REIMB ROADWAY MAINT OFF SYS3,070.62 CONSTRUCTION ENGINEERING 195.75 Tntal : 251,082.84 INV00019264 001.090.000.518 EAGLE TECHNOLOGY MGMT 79.00 Total : 79.00 Page: vchlist 11/1012015 1:16:5OPM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 36902 11/10/2015 002157 ELJAY OIL COMPANY 36903 11/10/2015 001232 FASTENAL CO 36904 11/1012015 001447 FREE PRESS PUBLISHING INC 36905 11/10/2015 000839 GENERAL FIRE EQUIP CO 36906 11/10/2015 002235 GRAFOS, DEAN 36907 11/10/2015 000007 GRAINGER 36908 11/10/2015 000917 GRAYBAR 36909 11/10/2015 000011 GREATER SPOKANE VALLEY 36910 11/10/2015 002538 HYDRAULICS PLUS INC 36911 11/10/2015 002384 IMS INFRASTRUCTURE MGMT. LLC Fund/Dept Description/Account Amount 4243674 101.000.000.542 FUEL FOR MAINT SHOP IDLEW 107477 IDLEW 107681 44520 44547 44549 44572 44573 44576 44578 0056142 EXPENSE 9868694150 9877170002 981830814 25602 19788 11515-5 101.000.000.542 SUPPLIES: PW 101.000.000.542 SUPPLIES: PW 001.032.000.543 001.013.000.513 001.058.056.558 001.058.056.558 001.013.000.513 001.013.000.513 001.058.056.558 LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : Total : Total : 001.090.000.518 FIRE EXTINGUISHER INSPECTION Total : 001 011 000.511 EXPENSE REIMBURSEMENT Total : 101.042.000.542 SUPPLIES: PW 001.032.000.543 SUPPLIES: PW 001.090.000.518 SUPPLIES: IT Total : Total : 001.018.013.513 BASIC BUSINESS LEVEL ANNUAL 1 Total : 101.000.000.542 SERVICE 5-208 101.042.000.542 Total 429.82 429.82 49.27 15.39 64.66 72.00 25.00 85.85 155.20 81.60 34.00 34.00 487.65 813.84 813.84 16.68 16.68 19.60 37.44 57.04 112.23 112.23 450.00 450.00 46.20 46.20 2015 PAVEMENT MANAGEMENT P1 2,745.00 Total : 2.745.00 Page: vchlist 11110/2015 1:16:50PM Voucher List Spokane Valley Page: 7. Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 36912 11/10/2015 003013 INLAND NORTHWEST AGC 36913 11/10/2015 002518 INLAND PACIFIC HOSE & FITINGS 36914 11/10/2015 002990 I N PRO 36915 11/10/2015 000864 JUB ENGINEERS INC. 36916 11/10/2015 002466 KENWORTH SALES COMPANY 36917 11/10/2015 004819 MASTER GARDENER FOUNDATION 36918 11/10/2015 003959 MAX J KUNEY CO 36919 11/10/2015 003251 MDI MARKETING 36920 11/10/2015 002941 NORTHSTAR CLEAN CONCEPTS 36921 11/10/2015 000239 NORTHWEST BUSINESS STAMP INC. 36922 11/10/2015 000652 OFFICE DEPOT INC. 36923 11/10/2015 000058 OMA 58562 534231 2015-2016 0096942 SPOBS1547922 VALLEYFEST 2015 PAY APP 13 10363 20814 95687 800034617001 802824838001 802824980001 802962504001 802963306001 402.402.000.531 INLAND NORTHWEST AGC 101.000.000.542 SUPPLIES: PW 001.076.305.575 101.042.000.542 303.303.155.595 106.000.230.537 Total : Total : ANNUAL MEMBERSHIP DUES FOR Total : 2015 TIP MAINTENANCE & UPDATE Total : Total : Total : 101.000.000.542 REPAIR 205 106.000.230.537 COMPOST DEMO 9-26-15 0155 - SULLIVAN RD WEST BRIDGE Total : ADVERTISING SOLID WASTE 101.000,000.542 SUPPLIES: PW 001.018.016.518 SLOTTED NAME BADGE 001.032.000.543 001.090.000.518 001.090.000.518 001.018.014.514 001.018.014.514 A500163 001.018.016.518 Total : Total : Total : OFFICE SUPPLIES: PW OFFICE SUPPLIES: IT OFFICE SUPPLIES: IT OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES: FINANCE Total : 27.18 27.18 29.53 29.53 150.00 150.00 8,766.17 8,766.17 797.47 797.47 1.441.45 1,441.45 994.989.52 994.989.52 7.935.00 7.935.00 273.92 273.92 16.85 16.85 3.95 50.52 45.48 55.41 3.62 158.98 NEW HIRE PHYSICALS OCTOBER 225.00 Page: vchlist 11/10/2015 1:16:50PM Voucher List Spokane Valley Page: S--5- Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 36923 11/10/2015 000058 000058 OMA (Continued) Total : 225.00 36924 11/10/2015 002616 ROADWISE INC 55726 101.000.000.542 FEEZGARD ZERO 5,791.34 55727 101.000.000.542 FEEZGARD ZERO 5,791.34 55728 101.000.000.542 FEEZGARD ZERO 5,789.66 Total : 17,372.34 36925 11/10/2015 000031 ROYAL BUSINESS SYSTEMS IN33814 001.058.057.558 OCTOBER 2015 COPIER COSTS 940.16 Total : 940.16 36926 11/10/2015 002520 RWC GROUP 15924N 101.000.000.542 REPAIR /1209 319.72 16424N 101.000.000.542 MAINTENANCE INVENTORY 246.97 17338N 101.000.000.542 SUPPLIES FOR MAINT SHOP 68.13 Total : 634.82 36927 11/10/2015 003133 SHAMROCK MANUFACTURING INC 4019 101.042.000.542 SUPPLIES: PW 1,631.86 Total : 1,631.86 36928 11/10/2015 000318 SHAMROCK PAVING INC 3436 101.042.000.542 SUPPLIES: PW 370.51 Total: 370.51 36929 11/10/2015 000779 SOUTHARD, BRAD October 2015 101.042.000.542 DEAD ANIMAL REMOVAL 3,415,00 Total : 3,415.00 36930 11/10/2015 000090 SPOKANE CO INFO SYSTEMS 50313225 001.058.050.558 COUNTY IT SUPPORT AUGUST 201 12,521.42 Total : 12, 521.42 36931 11/10/2015 000001 SPOKANE CO TREASURER 110100102 101.042.000.542 ENGINEERING SERVOCES 41,829.61 110100106 101.042.000.542 ENGINEERING 61,251.16 42000195 001.016.000.554 ANIMAL CONTROL SERVICES NOV 20;435,67 51502926 101.042.000.542 SPOKANE COUNTY SERVICES 4,632,41 934001565 001.016.099.594 02-15 CADIRMS COST 51.868.93 934001566 001.016.099.594 2014 CAD/RMS COST 15 344.32 934001557 001.016.099.594 01-15 CAD/RMS COST 90.565.43 934001625 001.016.099.594 03-15 CAD/RMS COST 52.564.19 AUG -SEPT 2015 001.016,000.521 TARGET ZERO TEAM 2,078.02 Total : 340,569.74 Page: vchlist 1111012015 1:16:50PM Voucher List Spokane Valley Page: �6 Bank code : apbank Voucher Date Vendor invoice Fund/Dept Description/Account Amount 36932 11/10/2015 000898 SPOKANE PROCARE INC 506546 402.402.000.531 2015 ROADSIDE WEEDSPRAY!NG 2771.43 Total : 2,771.43 36933 11/10/2015 000093 SPOKESMAN -REVIEW. THE 435632 106.000.230.537 ADVERTISING ACCT 8001932 210.84 Total: 210.84 36934 11/10/2015 002135 SPRAY CENTER ELECTRONICS INC 234231 101.000.000.542 SUPPLIES: PW 16.09 234262 101.000.000.542 SUPPLIES: PW 543.93 234263 101.000.000.542 REPAIR 38.05 234264 101.000.000.542 SUPPLIES: PW 772.92 Total : 1,370.99 36935 11/10/2015 001875 STRATA INCORPORATED SP150247-IN 303.303.156.595 0156 -MATERIALS TESTING 1,047.50 SP150295-IN 303.303.156.595 0156 -MATERIALS TESTING 10,496.20 Total : 11,543.70 36936 11/10/2015 001969 SUNSHINE DISPOSAL 928627 101.042.000.542 TRANSFER STATION 138.37 Total 138.37 36937 11/10/2015 002597 TWISTED PAIR ENTERPRISES LLC 102282015 001.011.000.511 BROADCASTING COUNCIL MEETIN 1,340.00 Total : 1,340.00 36938 11/10/2015 000087 VERIZON WIRELESS 9754151237 001.058.055.558 OCT 2015 VERIZON CELL PHONES 1,360.41 9754275148 101.042.000.542 OCT 2015 WIRELESS DATA CARDS 304.08 Total : 1,664.49 36939 11/10/2015 003015 WA ASPHALT PAVEMENT ASSOC 20200 001.032.000.543 ASPHALT PAVEMENT TRAINING 185.00 Total : 185.00 36940 11/10/2015 000347 WORLEY, STEVE EXPENSE 001.032.000.543 EXPENSE REIMBURSEMENT 489.81 Total : 489.81 1104150025 11/4/2015 000001 SPOKANE CO TREASURER NOVEMBER 2015 001.016.000.512 SPOKANE COUNTY SERVICES 155.856.28 Total : 155, 856.28 61 Vouchers for bank code : apbank Bank total : 1,949,662.63 61 Vouchers in this report Total vouchers : 1,949;662.63 Page: �� vchlist 11/12/2015 11:19:05AM Voucher List Spokane Valley Page: Bank code : aphank Voucher Date Vendor Invoice 36941 11/1212015 001081 ALSCO 36942 11/12/2015 004046 AMERICAN ONSITE SERVICES 36943 11/12/2015 000334 ARGUS JANITORIAL LLC 36944 11/12/2015 002326 BATTERIES PLUS BULBS 36945 11/12/2015 000918 BLUE RIBBON LINEN SUPPLY INC 36946 11112/2015 001169 CITY OF SPOKANE VALLEY 36947 11/12/2015 000326 CONSOLIDATED IRRIGATION #19 36948 11/12/2015 000278 DRISKELL, CARY 36949 11/12/2015 000246 EAST SPOKANE WATER DIST #1 36950 11/12/2015 002308 FINKS, MELISSA 36951 11/12/2015 004807 GALEHATCH GRAPHICS LSPO1679596 LSPO 1685382 A-163549 INV012708 248-298812 9691932 S0120793 S0121899 Oct 2015 Nov 2015 Oct 2015 Expenses Oct 2015 Oct 2015 Oct 2015 1018 Fund/Dept 001.016.000.521 001.016.000.521 Description/Account Amount FLOOR MAT SERVICE AT PRECINC FLOOR MAT SERVICE AT PRECINC Total 001.076.300.576 PORTABLE RESTROOMS AT PARK: Total : 001.016.000.521 JANITORIAL SVCS: OCT 2015 Total : 001.076.305.575 SUPPLIES FOR CP 001.076.305.575 001.076.305.575 001.076.305.575 Total : LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C Total : 001.058.055.558 PETTY CASH: 13402,03,04,05,06 Total : 101.042.000.542 UTILITIES: PW 001.076.300.576 UTILITIES: CP Total : 001.013.015.515 EXPENSE REIMBURSEMENT Total : 101.042.000.542 WATER CHARGES: PW 001.076.300.576 WATER CHARGES FOR EDGECLIF Total : 001.076.301.571 INSTRUCTOR PAYMENT Total : 001.076.000.576 PRE PLANNING SCHEMATICS/SULI 20.99 20.39 41.38 37.15 37.15 2,501.87 2,601.87 36.85 36.85 299.11 27.50 30.94 357.55 82.50 82.50 623.93 645.16 1,269.09 112.40 112.40 991.51 98.76 1,090.27 236.25 236.25 335.00 Page: vchlist 11112/2015 11:19:05AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 36951 11112/2015 004807 004807 GALEHATCH GRAPHICS 36952 11/12/2015 002712 GTFX INC. 36953 11/12/2015 003177 GUTH, ERIC 36954 11/12/2015 002632 HAYDEN HOMES 36955 11/12/2015 000070 INLAND POWER & LIGHT CO -=-36958 1-112/2015 002996--1NPRO (Continued) 40658 Expenses Nov 10 2015 2301 94202010 Fund/Dept Description/Account Amount 001.076.305.575 001.032.000.543 001.000.000.369 101.042.000.542 001.076.300.576 36957 11/12/2015 001635 ISS FACILITY EVENT SERVICES 36958 11/12/2015 001002 M & L SUPPLY CO INC 36959 11/12/2015 000387 MODEL IRRIGATION DIST. #18 36960 11/12/2015 000132 MODERN ELECTRIC WATER CO 36961 11/12/2015 001904 OVERHEAD DOOR INC 36962 11/12/2015 001084 PAPICH, JENNIFER 955422 955423 961603 5100230444.001 8100230445.001 2015 Acct 1930.0 Oct 2015 320099 Expenses Total : SERVICE GREASE TRAP AT CP Total : EXPENSE REIMBURSEMENT Total : REFUND FOR CHECK #056119 Total : UTILITIES:OCT PW ANNUAL BILLING FOR 3415 S UNI'. Total : 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.016.000.521 001.076.300.576 001.076.302.576 001,016 000,521 001.076.301.571 MUM_ MEMBERSHIP-€3UES-FeR Total : EVENT SERVICES AT CENTERPLA3 EVENT SERVICES AT CENTERPLA1 MONTHLY CLEANING AT CENTERP Total : MATERIALS FOR CENTERPLACE REPAIR AT PRECINCT Total : EXCESS WATER CHARGE APRIL -C Total UTILITIES: OCT PARKS Total : WORK ORDER FOR PRECINCT 33E Total : EXPENSE REIMBURSEMENT 335.00 163.05 163.05 271.86 271.86 217.56 217.56 408.42 229.56 637.98 150.00 36.87 52.68 7,136.00 7,225.55 136.67 48.46 185.13 1,143.97 1,143.97 3.159.48 3,159.48 1,779.97 1.779.97 100.00 Page: t� vchlist 111/2/2015 11:19:05AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 36962 11/12/2015 001084 001084 PAPICH, JENNIFER 36963 11/12/2015 004818 PFAFF NORMAN ALAN 36964 11/12/2015 001860 PLATT ELECTRICAL SUPPLY 36965 11/12/2015 000415 ROSAUERS FOOD & DRUG CENTER 36966 11/12/2015 000748 ROTO -ROOTER 36967 11/12/2015 000709 SENSKE LAWN & TREE CARE INC. 36968 11/12/2015 004131 SPOKANE CO SOLID WASTE MGMT (Continued) EGR-2015-0041 H806276 02-502210 89288 6337757 20151008-5491-32324 36969 11/12/2015 000324 SPOKANE CO WATER DIST #3 Oct 2015 Oct 2015 36970 11/12/2015 000093 SPOKESMAN -REVIEW, THE 36971 11/12/2015 002212 STANLEY SECURITY SOLUTIONS 36972 11/12/2015 003649 TROPHIES UNLIMITED 36973 11/12/2015 000295 VALLEYFEST 36974 11/12/2015 000167 VERA WATER & POWER Acct 2916468 12753843 482945 OCt 2015 Oct 2015 Fund/Dept Description/Account Amount 001.058.059.322 BUILDING PERMIT REFUND 001.076.301.571 001.076.301.571 001.076.305.575 001.223.40.00 101.042.000.542 101.042.000.542 001.076.300.576 001.076.000.576 001.016.000.521 001.076.305.575 105.000.000.557 SUPPLIES: PARKS REC PROGRAM SUPPLIES Total : Total : Total : Total : LABOR FOR DRAIN CLEANING/FLC Total : CONTRACT MAlNT: PARKS OCT 20 Total : TRANSFER STATION CHARGES: P1 Total : WATER CHARGES: PW WATER CHARGES: PARKS Total : SUBSCRIPTION RENEWAL FOR OF Total MONITORING AND MAINTENANCE: Total : NAME TAGES FOR CP EMPLOYEE Total : 2015 LODGING TAX GRANT REIMB Total : 101.042.000.542 UTILITIES: OCT 2015 Total : 100.00 171.00 171.00 48.97 48.97 51.65 51.65 178.81 178.81 58,934.26 58,934.26 12.05 12.05 453.47 154.21 607.68 202.80 202.80 81.53 81.53 21.20 21.20 474.48 474.48 3,360.36 3,360.36 Page: -f3'� vchlist 11/1212015 11:19:0 5AM Voucher List Spokane Valley /3 Page: Bank code : apbank Voucher Date Vendor Invoice 36975 11/12/2015 000038 WASTE MANAGEMENT OF SPOKANE 0204997-2681-6 0204998-2681-4 9278010 October 2015 36976 11/12/2015 000066 WCP SOLUTIONS 36977 11/12/2015 003128 YWCA OF SPOKANE 37 Vouchers for bank code : apbank 37 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished. the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Fund/Dept 001.076.305.575 001.016.000.521 001.076.305.575 001.090.000.560 Description/Account Amount WASTE MGMT: CENTERPLACE WASTE MGMT: PRECINCT Total : SUPPLIES FOR CENTERPLACE Total : 2015 SOC SER GRANT REIMBURSI Total : 738.52 282.62 1,021.14 52.18 52.18 568.93 568.93 Bank total : '86,921.90 Total vouchers : -86,92t90- (i\ rri&) _ Je>1. 6 /- Page: ��4� vchlist 1111612015 2:12:19PM �_ Voucher List Page: Spokane Valley Bank code : pk-ref Voucher Date Vendor Invoice FundlDept Description/Account Amount 6485 11/16/2015 004815 COASTAL PROMOTIONS PARKS REFUND 001.237.10.99 DEPOSIT REFUND RM 213 526.00 Total : 526.00 6486 11/16/2015 004821 IIA PARKS REFUND 001.237.10.99 DEPOSIT REFUND ROOM 110 52.00 Total : 52.00 6487 11/16/2015 004817 INLAND NORTHWEST HEALTH SVCS REFUND 001.237.10.99 DEPOSIT REFUND RM 111 52.00 Total : 52.00 6488 11/1612015 004816 NUMERICA CREDIT UNION REFUND 001.237.10.99 DEPOSIT REFUND GREAT ROOM 210.00 Total 210.00 6489 11/16/2015 003566 SPOKANE IS READING REFUND 001.237.10.99 DEPOSIT REFUND GREAT ROOM 210.00 Total : 210.00 5 Vouchers for bank code : pk-ref Bank total : 1,050.00 5 Vouchers in this report Total vouchers : 1,050.00 Page: vchlist Voucher List Page: 11/17/2015 2:33:07PM Spokane Valley Bank code: aphank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 5325 11/20/2015 002227 IDAHO TAX COMMISSION Ben64298 001.231.50.03 IDAHO STATE TAX BASE PAYMENT 955 41 Total : 955.41 5334 11/20/2015 000048 VANTAGE TRANSFER AGENTS, 401A PLAN Ben64300 001.231.14.00 401A: PAYMENT 29,852 58 Total: 29,852.58 5335 11/20/2015 000682 EFTPS Ben64302 001.231.11.00 FEDERAL TAXES: PAYMENT 33,651.43 Total : 33,651.43 533/ 11/20/2015 000145 VANTAGEPOINT TRANSFER AGENTS, 457 PLI Ben64304 001,231.18.00 457 DEFERRED COMPENSATION: PAY! 5,750.39 Total : 5,750.39 5338 11/20/2015 000162 VANTAGE TRANSFER AGENTS, 401A EXEC PL Ben64306 001.231.14.00 401 EXEC PLAN: PAYMENT 1,172.35 Total : 1,172.35 6 Vouchers for bank code : apbank Bank total : 71,382.16 5 Vouchers in this report Total vouchers : 71,382.16 Page: vchlist 1112012015 1:33:20PM Voucher List Spokane Valley Page: 1 Bank code : aphank Voucher Date Vendor Invoice 36978 11/20/2015 000150 ALLIED FIRE & SECURITY 36979 11/20/2015 004046 AMERICAN ONSITE SERVICES 36980 11/20/2015 000030 AVISTA 36981 11/20/2015 004271 BARTON ROOFING 36982 11/20/2015 000918 BLUE RIBBON LINEN SUPPLY INC 36983 11/20/2015 004824 DEVINY, WILLIAM 36984 11/20/2015 000795 EARTHWORKS RECYCLING INC. 36985 11/20/2015 001447 FREE PRESS PUBLISHING INC 36986 11/20/2015 000011 GREATER SPOKANE VALLEY 36987 11/20/2015 002607 HUB SPORTS CENTER 36988 11/20/2015 000388 IRVIN WATER DIST. #6 1VC1034526 A-164164 Nov 2015 Oct 2015 15859 9693944 9695976 S0121974 S0122875 S0123045 Fund/Dept 001.076.305.575 001.076.300.576 101.042.000.542 001.076.300.576 001.076.000.576 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 PRE -LU -2015-0022 001.058.058.345 24529 001.076.305.575 44571 001.076.000.576 Nov 2015 001.090.000.550 2015 2015 Oct 2015 105.000.000.557 105 000 000.557 001.076.300.576 Description/Account Amount KEYS FOR CENTERPLACE Total : PORTABLE RESTROOMS AT PARK: Total : UTILITIES: PW MASTER AVISTA UTILITIES: PARKS MASTER AVISTA Total : ROOF REPAIR AT CENTERPLACE Total : LINEN SERVICE LINEN SERVICE LINEN SERVICE LINEN SERVICE LINEN SERVICE AND SUPPLIES AT AND SUPPLY AT C AND SUPPLY AT C AND SUPPLY AT C AND SUPPLY AT C Total : PERMIT REFUND PRE -LU -2015-00'; Total : RECYCLING COLLECTION: CP Total : LEGAL PUBLICATION Total : 2015 ECO DEV GRANT REIMBURSI Total : 2015 LODGING TAX GRANT REIMS 2015 LODGING TAX GRANT REIMB Total : UTILITIES: PARKS 13.49 13.49 130.00 130.00 26,361.17 7,456.54 33,817.71 8,435.21 8,435.21 405.42 189.41 30.22 56.35 72.88 754.28 250.00 250.00 27.50 27.50 51.70 51.70 3,649.10 3,649.10 3,287.34 5,496.48 8,783.82 436.52 Page: '� vchlist 11/20/2015 1:33:20PM Voucher List Spokane Valley J Page: Bank code : apbank Voucher Date Vendor Invoice 36988 11/20/2015 000388 IRVIN WATER DIST. #6 36989 11/20/2015 001635 ISS FACILITY EVENT SERVICES 36990 11/20/2015 000132 MODERN ELECTRIC WATER CO 36991 11/20/2015 003307 PERIMETER SECURITY GROUP 36992 11/20/2015 001860 PLATT ELECTRICAL SUPPLY 36993 11/20/2015 000709 SENSKE LAWN & TREE CARE INC. 36994 36995 36996 11/20/2015 000323 SPOKANE CO UTILITIES 11/20/2015 000324 SPOKANE CO WATER DIST #3 (Continued) Oct 2015 890283 959672 959673 959674 959675 959676 959677 959678 Oct 2015 7548 H848865 6383893 6531263 6941535 6960892 6961010 Nov 2015 Nov 2015 1/120/2015 000404 SPOKANE VALLEY HERITAGE MUSEUM Nov 2015 Fund/Dept Description/Account Amount 101.042.000.542 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 101.042.000.542 001.016.000.521 001.016.000.521 101.042.000.542 402.402.000.531 303.303.156.595 303.303.156.595 001.016.000.521 001.076.302,576 101.042.000.542 105,000.000.557 UTILITIES: PW EVENT SERVICES AT EVENT SERVICES AT EVENT SERVICES AT EVENT SERVICES AT EVENT SERVICES AT EVENT SERVICES AT EVENT SERVICES AT EVENT SERVICES AT Total : CENTERPLAt CENTERPLAt CENTERPLA CENTERPLAI CENTERPLAt CENTERPLAt CENTERPLAt CENTERPLAt Total : UTILITIES: OCT 2015 PW Total : JOB NO S6401A GATE AT PRECINC Total : SUPPLIES AT PRECINCT Total : ON-CALL EMERGENCY TRAFFIC C 2015 ROADWAY LANDSCAPING SE IRRIGATION PROJECT WINTERIZING SPRINKLERS MONTHLY SERVICES AT PRECINC" Total : SPOKANE CO SEWER CHRGS: NO Total : WATER CHARGES_ PW Total: 131.88 568.40 263.39 73.75 84.28 73.75 31.61 73.75 52.68 63.21 716.42 8,461.94 8,461.94 524.48 524.48 154.52 154.52 530.46 6,662.34 130.00 69.95 437.90 7,730.65 1,599.47 1,599.47 85.04 85.04 2015 LODGING TAX REIMBURSEMI 2,763.20 Page: vch1ist 11/20/2015 1 33:20PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor invoice 36996 11/20/2015 000404 000404 SPOKANE VALLEY HERITAGE MUSE (Continued) 36997 11/20/2015 000854 SPVV LANDSCAPE ARCHITECTS 1510.06 36998 11/20/2015 001083 STANDARD PLBG HEATING CONTROLS 53611 53690 36999 11/20/2015 004825 STREET FLEET LLC CSV Refund 37000 11/20/2015 000167 VERA WATER & POWER NOV 2015 37001 11/20/2015 003175 VISIT SPOKANE 6150 37002 11/20/2015 000038 WASTE MANAGEMENT OF SPOKANE 0204996-2681-8 37003 11/20/2015 000487 YMCA OF THE INLAND NW 37004 11/20/2015 003128 YW CA OF SPOKANE 27 Vouchers for bank code : apbank 27 Vouchers in this report Oct 2015 Nov 2015 Fund/Dept 309.000.231.594 001.016.000.521 001.016.000.521 001.000.000.321 101.042.000.542 105,000.000.557 101.042.000.543 001.076.302.576 001.090.000.560 Description/Account Amount PROFESSIONAL SERVICES Total Total: SEPT 2015 MONTHLY MAINT: PRE( OCT 2015 MONTHLY MAINT: PREC1 Total : CSV ENDORSEMENT REFUND Total : UTILITIES: NOV 2015 Total : 2015 LODGING TAX GRANT REIMB Total : WASTE MGMT: MAINT SHOP Total : 2,763.20 125.00 125.00 605.46 505.46 1,210.92 13.00 13.00 5,560.89 5,560.89 19,166.67 19,166.67 172.94 172.94 OPERATING EXPENSES AND MAN/ 12,594.60 Total : 12, 594.60 2015 SOC SER GRANT REIMBURSI Total : Bank total : 615.86 615.86 117,976.81 Total vouchers : 117,976.81 vchlist Voucher List 1112012015 1:39:55PM Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 37005 11/20/2015 000958 AAA SWEEPING LLC 54722 54723 37006 11/20/2015 003078 ALLWESTTESTING & ENGINEERING 77727 78032 37007 11/20/2015 000394 AM LANDSHAPER INC 37008 11/20/2016 003076 AMSDEN, ERICA 37009 11/20/2015 004278 ARCHITECTS WEST INC PAY APR 1 EXPENSE 8282 37010 11/20/2015 003337 ARROW CONSTRUCTION SUPPLY INC 165302 165747 37011 11/20/2015 000173 BINGAMAN, GREG EXPENSE 37012 11/20/2015 004439 BIRCH COMMUNICATIONS INC 19770784 37013 11/20/2015 002604 DELL FINANCIAL SERVICES LLC 78210770 37014 11/20/2015 002920 D1RECTV INC 27083877575 37015 11/20/2015 003256 DISCOVERY BENEFITS INC, HRA PLAN 0000587033 -IN 37016 11/20/2015 000106 FEDEX 5-207-89556 Fund/Dept 402.402.000.531 402.402.000.531 403.000.197.595 403.000.197.595 402.000.000.595 001.032.000.543 310.000.215.594 101.042.000.542 402.402.000.531 001.018.014.514 001.076.305.575 001.090.000.548 101.042.000.543 001.018.016.518 Description!Account Amount STORM DRAIN CLEANING STREET SWEEPING SERVICES Total : 215-006T2 BROADWAY RETROFIT 215-006T2 - BROADWAY RETROFIT Total : 2015 STORMWATER UTILITY SMAL Total EXPENSE REIMBURSEMENT Total : 0215 -CITY HALL DESIGN & CN ADIto Total : SUPPLIES: PW SUPPLIES: PW EXPENSE REIMI3URSEMEN I Total : Total : PHONE SERVICE AT CENTERPLAC Total : COMPUTER LEASE 001-8922117-0( Total : CABLE SERVICE FOR MAINTENAN Total : OCTOBER HRA SERVICE FEE Total : 001.032.000.543 FED EX 8,752.78 33,836.43 42,589.21 2,939.00 1,996.00 4,935.00 75,114.64 75,114.64 19.56 19.56 41,262.20 41,262.20 122.25 36.90 159.15 175.00 175.00 214.01 214.01 1,006.63 1,006.63 111.98 111.98 436.50 436.50 8.02 Pager vchlist 11120)2015 1:39:55PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice 37016 11/20/2015 000106 000106 FEDEX 37017 11/20/2015 001447 FREE PRESS PUBLISHING INC 37018 11/20/2015 001253 GORDON THOMAS HONEYWELL 37019 11/20/2015 000917 GRAYBAR 37020 11/20/2015 003297 HIGGINS, LEWIS ROD 37021 37022 11/20/2015 002810 11/20/2015 002466 INLAND NW PARTNERS ASSOC KENWORTH SALES COMPANY 37023 11/20/2015 003251 MDI MARKETING 37024 11/20/2015 002259 MENKE JACKSON BEYER LLP 37025 11/20/2015 002203 NAPA AUTO PARTS (Continued) Fund/Dept Description/Account Amount 44605 001.013.000.513 LEGAL PUBLICATION 44609 001.013.000.513 LEGAL PUBLICATION Oct15 1042 981853789 EXPENSES 10-15 EXPENSES 11-15 001.011.000.511 GOVERNMENTAL AFFAIRS 001.090.000.518 SUPPLIES: IT 001.011.000.511 001.011.000.511 Total : Total : Total : Total : EXPENSE REIMBURSEMENT EXPENSE REIMBURSEMENT Total : 2015 WINTER CONFER 001.011.000.511 INP WINTER MEETING SPOIN1578247 SPOIN1586676 SPOIN1599555 101.000.000.542 101.000.000.542 101.000.000.542 Total PARTS FOR SNOWPLOWS PARTS FOR 208 & 211 PARTS FOR SNOWPLOWS Total 10349 001.090.000.558 ADVERTISING 10374 001.090.000.558 ADVERTISING 439 492 EDEN PIT 497 499 GENERAL 439700 697391 924225 001.013.015.515 001.013.015.515 001.013.015.515 001.013.015.515 101.000.000.542 101.000.000.542 101.000.000.542 Total PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES Total : SUPPLIES FOR MAINTENANCE SH SUPPLIES FOR MAINTENANCE SH SUPPLIES FOR MAINTENANCE SH 8.02 81.60 42.50 124.10 3,541.54 3,541.54 155.46 155.46 24.73 73.60 98.33 120.00 120.00 70.34 39.83 45.76 155.93 12,167.60 22,120.49 34,288.09 165.20 40096.28 117.00 97.50 4,475.98 33.51 4.13 11.75 Page: -- vchlist 1112012015 1:39:55PM Voucher List Spokane Valley page/ -� Bank code : apbank Voucher Date Vendor Invoice 37025 11/20/2015 002203 002203 NAPA AUTO PARTS 37026 11/20/2015 000662 NAT'L BARRICADE & SIGN CO 37027 11/20/2015 003090 NORTH 40 OUTFITTERS 37028 11/2012015 000652 OFFICE DEPOT INC. 37029 11/20/2015 000881 OXARC I N C 37030 11120/2015 004130 PACIFICA LAW GROUP LLP 37031 11/20/2015 002193 QSCEND TECHNOLOGES INC 37032 11120/2015 002578 REBUILDING & HARDFACING INC 37033 11/2012015 003407 RIGHT! SYSTEMS INC 37034 11/20/2015 004823 RP TRUCKING & LOGISTIC 37035 11/20/2015 002520 RWC GROUP 37036 11/20/2015 002835 SCS DELIVERY INC (Continued) 89764 065714/3 802962504002 804342477001 804470802001 R375449 25789 7184 56483 138733 CSV REFUND 17510N 18076N 18183N 18426N 7720 Fund/Dept 402.402.000.531 101.042.000.542 001.018.014.514 001.018.014.514 001,032.000.543 101.042.000.542 001.013.015.515 001.018.013.513 101.000.000.542 DescriptionlAccount Amount SUPPLIES: PW SUPPLIES: PW Total : Total : Total : OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES: PW CYLINDER RENTAL PROFESSIONAL SERVICES Total : Total : Total : WEB APPLICATION DESIGN & PRO Total : SUPPLIES: PW 001.090.000.518 ENGR-INST 001.000.000.321 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 001.011.000.511 Total : Total : CSV ENDORSEMENT REFUND Total : SUPPLIES FOR MAINT SHOP SUPPLIES FOR MAINTENANCE SH SUPPLIES FOR MAINT SHOP SUPPLIES FOR MAINT SHOP Total : PACKAGE DELIVERY FOR COUNCI 49.39 28.15 28.15 6.53 6.53 21.42 13.02 99.00 133.44 106.06 106.06 258.00 258.00 6,460.00 6,460.00 479.37 479.37 978.30 978.30 13.00 13.00 51.78 228.80 327.18 180.38 788.14 100.00 Page: �� vch1ist 11/20/2015 1:39:55PM Voucher List Spokane Valley Page Bank code : apbank Voucher Date Vendor Invoice 3703E 11/20/2015 002835 002835 SCS DELIVERY INC 37037 11/20/2015 003133 SHAMROCK MANUFACTURING INC 37038 11{20/2015 004535 SHRED -IT USA LLC 37039 11/20/2015 000230 SPOKANE CO AUDITORS OFFICE 37040 11/20/2015 000658 SPOKANE CO SUPERIOR COURT 37041 11/20/2015 000658 SPOKANE CO SUPERIOR COURT 37042 11/20/2015 000093 SPOKESMAN -REVIEW, THE 37043 11/20/2015 000065 STAPLES ADVANTAGE 37044 11/20/2015 000419 SUMMIT LAW GROUP 37045 11/20/2015 004822 THAT'S A LOT OF DOUGH 37046 11/20{2015 004740 THOMSON REUTERS -WEST (Continued) 4066 2721110915 OCTOBER 2015 3550.237 3550.254 439188 3282989485 3282989488 3282989490 3282989493 328298949E 3282989499 3282989502 76570 CSV REFUND 832850983 Fund/Dept Description/Account Amount 101.042.000.542 SUPPLIES: PW 001.090.000.518 DOCUMENT DESTRUCTION 001.013.015.515 RECORDING FEES 001.013.015.515 001.013.015.515 101.000.000.542 001.090.000.519 001.018.013.513 001.011.000.511 001.011.000.511 001.013.000.513 001.058.056.558 001 058 056.558 001.018.016.518 001.000.000.321 001.013.015.515 FILE COMPLAINT FILE COMPLAINT ADVERTISING ACCT 42365 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES PROFESSIONAL SERVICES Total : 100.00 Total : 1,585.66 Total : 156.30 2,768.00 Total : 2,768.00 Total: 240.00 Total : 240.00 Total : 506.00 1,585.66 Total : Total : CSV ENDORSEMENT REFUND Total : SUBSCRIPTION CHARGES Total : 156.30 240.00 240.00 506.00 154.25 86.50 29.34 29.34 61.68 163.00 774.84 1,298.95 775.50 775.50 13.00 13.00 766.02 766.02 Page: -�k—r vchlist 11120/2015 1:39:55PM Voucher List Spokane Valley Page Bank code : apbank Voucher Date Vendor Invnlce Pond/Dept Description/Account Amount 37047 11/20/2015 000335 TFRE-RAMA 8080038847 001.058.055.558 53667D OIL CHANGE 36.90 8080039120 101.042.000.542 SERVICE: 40210D 30.60 8080039356 101.042.000.542 SERV10E:47366O 46.25 Total : 113.75 37048 11/2012015 000337 UPS 00000EX310425 001.058.050.558 SHtPPING 46.29 Total : 46.29 37049 11/20/2015 003206 VAN NESS FELDMAN LLP 122607 001.058.099.558 PROFESSIONAL SERVICES 14,980.48 Total : 14,980.48 45 Vouchers for bank code : apbank Bank total : 241,881.66 45 Vouchers in this report Total vouchers : 241,881.66 1, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid nhligatinn agninst the City of Spokane Valley, and that i am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: Vchlist 11130/2015 10: 36: 54AM Z Voucher List Page: Spokane Valley Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 6490 11/3012015 004827 SUMMERS, BARBARA 6491 11/30/2015 004826 WITHERSPOON KELLEY 2 Vouchers for bank code : pk-ref 2 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that 1 am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date REFUND REFUND 001.237.10.99 DEPOSIT REFUND GREAT ROOM 960.00 Total : 960.00 001.237.10.99 DEPOSIT REFUND GREAT ROOM 210.00 Total : 210.00 Bank total : 1,170.00 Total vouchers : 1,170.00 Page: vchlist 1113012015 3:24:33PM Voucher List Page: Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 37050 11/30/2015 003078 ALLWEST TESTING & ENGINEERING 78910 303.303.167.595 0167 -MATERIALS TESTING 773,00 Total : 773.00 37051 11/30/2015 004231 BELSBY ENGINEERING 15341 001.058.055.558 PROFESIONAL SERVICES 2,532.50 Total : 2,532.50 37052 11/3012015 000918 BLUE RIBBON LINEN SUPPLY INC 9698015 001.076.305.575 LINEN SERVICE AND SUPPLY ATC 272.11 Total : 272.11 37053 11130/2015 001122 CAMERON-REILLY LLC PAY APP 3 303.303.167.595 0167 -CITYWIDE SAFETY IMPROVE 65,325.00 Total : 65,325.00 37054 11/30/2015 000101 CDW-G BDJ2169 001,090.000.518 IT SUPPLIES 184.62 Total : 184.62 37055 11/30/2015 000322 CENTURYL(NK NOVEMBER 2015 001.076.000.576 2015 PHONE SVCS: ACCT 509-Z14. 498.79 Total : 498.79 37056 11/3012015 000729 CH2MHILL INC 4023272 303.303.155.595 0155 - SULLIVAN RD W BRIDGE SL 14,199.89 Total : 14,199.89 37057 11/30/2015 0005/1 CODE PUBLISHING COMPANY 51305 001.013.000.513 WEB HOSTING 425.00 Total : 425.00 37058 11/3012015 004437 COMMUNITY ATTRIBUTES INC 1526 001.090.000.558 TOURISM ANALYSIS 14,719.33 Total : 14, 719.33 37059 11/3012015 002604 DELL FINANCIAL SERVICES LLC 78226135 001.090.000.548 COMPUTER LEASE 001-8922117-0€ 1,049.27 Total : 1,049.27 37060 11130/2015 002385 DKS ASSOCIATES 0058926 303.303.060.595 ARGONNE CORRIDOR SIGNAL & C 1,743.07 Total : 1,743.07 37061 11/30/2015 003697 ELECTRIC LIGHTWAVE LLC 13413671 001.090.000.586 SCRAPS INTERNET SERVICE 104.94 Total : 104.94 37062 11/30/2015 003682 EPIC LAND SOLUTIONS INC 1015-0577 303.303.142.595 0142 -RIGHT OF WAY SERVICES 547.50 Page: vchlist 11/30/2015 3:24:33PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice Fund/Dept DescriptionlAccount Amount 37062 11/30/2015 003682 003682 EPIC LAND SOLUTIONS INC (Continued) Total : 547.50 37063 11/30/2015 003261 FEHR & PEERS 99041 303.303.159.544 0159 - UNIVERSITY ROAD OVERPA 767.02 Total : 767.02 37064 11/30/2015 001447 FREE PRESS PUBLISHING INC 44649 001.013.000.513 LEGAL PUBLICATION 25.00 44650 001.058.056.558 LEGAL PUBLICATION 81.60 Total : 106.60 37065 11/30/2015 003336 FUNFLICKS OUTDOOR MOVIES 735511 001.076.301.571 OUTDOOR MOVE SCREEN FOR M 2,262.88 735513 001 076.301 571 OUTDOOR MOVIE SCREEN FOR M 2,262,86 Total : 4,525.76 37066 11/30/2015 000002 H & H BUSINESS SYSTEMS INC. 303652 001.058.057.558 COPIER COSTS 15.07 303653 001.058.057.558 COPIER COSTS 2.62 303819 001.013.000.513 COPIER COSTS 194.07 303820 001.013.000.513 COPIER COSTS 22.52 303821 001.013.015.515 COPIER COSTS 78.85 303822 001.013.015.515 COPIER COSTS 8.33 303823 001.058.050.558 COPIER COSTS 100.69 303824 001.058.050.558 COPIER COSTS 21.95 303825 001.018.016.518 COPIER COSTS 48.69 303826 001.018.016.518 COPIER COSTS 14.67 303859 001.076.000.576 COPIER COSTS 333.99 303860 001.076.000.576 COPIER COSTS 18.71 303876 001.058.057.558 COPIER COSTS 19.63 Total : 879.79 37067 11/30/2015 001728 HP FINANCIAL SERVICES CO 600471862 001.090.000.548 SCHEDULE 572E3651 830.28 600473916 001.090.000.548 SCHEDULE 572DD016 745.84 600474141 001.090.000.548 SCHEDULE 572DA494 939.80 Total : 2,415.92 37068 11/30/2015 000313 INLAND ASPHALT COMPANY INC. PAY APP 3 303.303.156.595 0156 -MANSFIELD AVE CONNECTIC 9,298.26 Total : 9,298.26 37069 11/30/2015 000265 JACKSON, MIKE December 2015 001.013.000.513 AUTO ALLOWANCE 300.00 Page: vchlist 11130/20/5 3:24:33PM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 37069 11/30/2015 000265 000265 JACKSON, MIKE 37070 11/30/2015 000864 JUB ENGINEERS INC. 37071 11/30/2015 003251 MDI MARKETING 37072 11/3012015 000652 OFFICE DEPOT INC. (Continued) Descri ptionlAccau nt Amount Total : 0097326 101.042.000.542 2015 TIP MAINTENANCE & UPDATE Total : 10389 001.090.000.558 ADVERTISING 803609087001 804276669001 806352821001 806352821002 807995271001 807995476001 37073 11/30/2015 000307 OFFICE OF THE STATE TREASURER OCTOBER 2015 37074 11/30/2015 001860 PLATT ELECTRICAL SUPPLY 37075 11/30/2015 001089 POE ASPHALT PAVING INC. 1018281 1119544 44712 44713 44714 44715 44781 44782 44783 44784 44785 44786 001.090.000.518 001.090.000.519 001,018 014 51 4 001,018.014.514 001.013.015.515 001.013.015.515 Total : OFFICE SUPPLIES: IT OFFICE SUPPLIES: IT OFFICF Sl1PP1 IFSiFINANCF OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES: LEGAL OFFICE SUPPLIES: LEGAL 001.016.000.586 STATE REMITTANCE 001.076.305.575 001.076.305.575 101.042.000.542 402.402.000.531 101.042.000.542 101.042.000.542 402.402.000.531 101.042.000.542 402.402.000.531 101.042.000.542 101.042.000.542 101.042.000.542 Total : Total : SUPPLIES FOR CENTERPLACE SUPPLIES FOR CP 2015 STREET AND 2015 STREET AND 2015 STREET AND 2015 STREET AND 2015 STREET AND 2015 STREET AND 2015 STREET AND 2015 STREET AND 2015 STREET AND 2015 STREET AND Total : STORMWATER STORMWATER STORMWATER STORMWATER STORMWATER STORMWATER STORMWATER STORMWATER STORMWATER STORMWATER Total 37076 11/30/2015 000019 PURFECT LOGOS LLC 42717 001.076.305.575 EMBROIDERED POLO SHIRTSIJAC Total : 300.00 8,287.18 8,287.18 31,255.60 31,255.60 125.61 6.51 1.73 11.40 41.83 57.58 244.66 50,824.60 50,824.60 161.47 154.52 315.99 2,060.55 22,752.64 55,882.33 192,923.54 1,642.38 12,594.57 1,344.18 6,722.42 2,705.38 18,221.01 316,849.00 176.64 176.64 Page: vchlist 11130/2015 3:24:33PM Voucher List Spokane Valley 0 Le Page: Bank code : apbank Voucher Date Vendor Invoice 37077 11/30/2015 002193 QSCEND TECHNOLOGES INC 37078 11/30/2015 003407 RIGHT! SYSTEMS INC 37079 11/30/2015 000090 SPOKANE CO INFO SYSTEMS 37080 11/30/2015 000308 SPOKANE CO PROSECUTING ATTY 37081 11/30/2015 004131 SPOKANE CO SOLID WASTE MGMT 37082 11/30/2015 000459 SPOKANE CO TITLE CO 37083 11/30/2015 000001 SPOKANE CO TREASURER 37084 11/30/2015 000854 SPVV LANDSCAPE ARCHITECTS 7230 138355 138834 138841 50313429 OCTOBER 2015 20151104-5491-32509 5-SP1772 5-SP1872 5-SP1873 51502942 1510.07 37085 11/30/2015 003532 STERICYCLE COMMUNICATION SOLUT 8010117549-A 37086 11/30/2015 001895 TAYLOR ENGINEERING INC 37087 11/30/2015 000335 TIRE-RAMA #3 15-402 8080038847 8080039120 8080039356 Fund/Dept 001.143.70.00 001.090.000.518 001.090.000.594 001.090.000.594 001.013.015.515 001.016.000.586 101.042.000.542 303.303.123.595 303.000.201.595 303.000.201.595 001.016.000.523 309.000.231.594 001.076.305.575 303.303.156.595 001.058.055.558 101.042.000.542 101.042.000.542 Description/Account Amount SOFTWARE MAINTENANCE & SUP Total : JUNIPER SWITCH FOR PUBLIC WC VMWARE SFOTIVARE FOR CENTE VMWARE UPGRADE AND SUPPOR Total : COUNTY IT SUPPORT JANUARY 2C Total : CRIME VICTIMS COMPENSATION F Total : TRANSFER STATION CHARGES: P1 Total : OWNER'S POLICY OWNER'S POLICY OWNER'S POLICY Total : OCTOBER 2015 HOUSING INVOICE Total PROFESSIONAL SERVICES ANSWERING SVC CO Total : Total : 0156 - ON CALL INSPECTION SER`, Total : 53667D OIL CHANGE SERVICE: 40210D SERVICE:473660 9,058.55 9,058.55 2,811.71 14,536.94 9,854.68 27,203.33 11,651.26 11,651.26 756.83 756.83 20.98 20.98 293.49 293.49 293.49 880.47 117,234.00 117,234.00 575.00 575.00 33.91 33.91 4,614.96 4,614.96 36.90 28.15 46.25 Page: --4' vchlist 11!3012015 3:24:33PM Voucher List Page: Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept DescriptionlAccount Amount 37087 11130/2015 000335 000335 TIRE-RAMA (Continued) Total ; 111.30 37088 11/30/2015 000772 TRAFFICWARE 35755 101.042.000.594 TRAFFICWARE: PW 5,562.90 Total : 5,562.90 37089 11/30/2015 000780 UNION PACIFIC RR CO WIRELINE CROSSING 303.000.201.595 UNDERGROUND WIRELINE CROS: 505.00 Total : 505.00 37090 11/30/2015 000337 UPS 00000EX310465 001.058.050.558 SHIPPING 2.78 Total : 2.78 37091 11/30/2015 003206 VAN NESS FELDNIAN LLP 123324 001.058.056.558 PROFESSIONAL SERVICES 168.00 Total : 168.00 37092 11/30/2015 000140 WALT'S MAILING SERVICE LTD 48134 303.303.142.595 POSTAGE SERVICES 870.26 Total : 870.26 37093 11/30/2015 003210 WEST CONSULTANTS INC. 006908 001.058.055.558 PROFESSIONAL SERVICES 246.65 Total : 246.65 37094 11/30/2015 001885 ZAYO GROUP LLC NOVEMBER 2015 001.090.000.518 DARK FIBER LEASE 253.01 NOVEMBER 2015 001.090.000.518 INTERNET SERVICE 569.01 Total : 822.02 45 Vouchers for bank code : apbank Bank total : 708,940.24 45 Vouchers in this report Total vouchers : 708,940.24 Page: -Ery vchlist //13012015 4:24:02PM Voucher List Spokane Valley 36 Page: -� Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 1130150008 11/30/2015 004324 U.S BANK NATIONAL ASSOCIATION DECEMBER 2015 204.204.000.592 LTGO REFUNDING BONDS 2014 419,050.00 Total : 419,050.00 1130150025 11/30/2015 000001 SPOKANE CO TREASURER 9290200840 001.016.000.521 LE CONTRACT BILLING NOVEMBE, 1,586,081.00 Total : 1,586 081.00 2 Vouchers for bank code : apbank Bank total : 2,005,131.00 2 Vouchers in this report Total vouchers : 2,005,131,00 I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Department Director Approval : Item: Check all that apply: ® consent ❑ old business ['new business ['public hearing ['information ❑admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Period Ending November 15, 2015 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN; BACKGROUND: Budget/Financial impacts: Employees Council Total Gross: $ 270,025.93 $ $270,025.93 Benefits: $ 52,357.89 $ $ 52,357.89 Total payroll $ 322,383.82 $ $322,383.82 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Item: Check all that apply: ® consent ['information Department Director Approval : ❑ old business ['new business ['public hearing ['admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Period Ending November 30, 2015 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN; BACKGROUND: Budget/Financial impacts: Gross: Benefits: Total payroll Employees $ 275,244.59 $ 153,148.59 $ 428,393.18 Council $ 6,225.00 $ 11,387.13 $ 17,612.13 Total $281,469.59 $164,535.72 $446,005.31 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, November 10, 2015 Mayor Grafos called the meeting to order at 6:00 p.m. Attendance: Dean Grafos, Mayor Arne Woodard, Deputy Mayor Chuck Hafner, Councilmember Rod Higgins, Councilmember Ed Pace, Councilmember Ben Wick, Councilmember Bill Gothmann, Councilmember Pro Tem City Staff: Mike Jackson, City Manager Mark Calhoun, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Mike Stone, Parks & Recreation Director Chelsie Taylor, Finance Director John Hohman, Comm & Economic Develop.Dir. Eric Guth, Public Works Director Chris Bainbridge, City Clerk INVOCATION: Pastor Al Hulten of the Valley Assembly Church gave the invocation. PLEDGE OF ALLEGIANCE Council, Staff, and audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: City Manager Jackson introduced Chelsie Taylor, who has been serving as the Interim Finance Director for the past six months, and who was recently chosen as the City's Finance Director. After City Clerk Bainbridge administered the Oath of Office to Ms. Taylor, she was congratulated by Councilmembers. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Gothmann: said he attended the Argonne/Mullan/Broadway Intersection meeting where he heard explanations of what work would be done, also that business people in the area would be contacted about the options for closing the intersection; attended the Museum luncheon; visited Perfection Tire's new operation and said the establishment's manager was very complimentary of our City processes. Councilmember Wick: reported that he also attended the Museum luncheon, and mentioned the horse slaughter event, and said he saw a photo of the Sullivan Bridge from the 1950's. Deputy Mayor Woodard: said he went to some Chamber meetings where they were working to finalize their legislative agenda and coordinate theirs with ours; attended the Wastewater Advisory Committee meeting where they discussed budgets and projections, and said there will be no increase for next year with minimal increases thereafter. Councilmember Hafner: reported that he attended the Visit Spokane tourism meeting; went to the 9-1-1 emergency meeting and mentioned the 1/10 of 1% initiative of several years ago for the emergency communications system, said eighteen towers are now in Spokane County which enables first responders to communicate with each other; also mentioned the return of Crime Check during that period; said Internet responses have dramatically increased over time; said he attended a Board of Health meeting where they discussed the legislative agenda, including rail safety, distractive driving, and use of e - Minutes Regular Council Meeting: 11-10-2015 Page 1 of 6 Approved by Council: DRAFT cigarettes and marijuana in the high schools; went to a meeting about homeless students in Spokane County and said there are approximately 3,000 homeless students in our county with many students sleeping overnight in cars; said he met with some people talking about a sports complex out here in the valley, not to be confused with the one downtown, and he met with Central Valley School Superintendent Ben Small who acknowledged that anything we do will cost us money; and said he attended a SCOPE Executive meeting. Councilmember Pace: said he attended the Chamber Government Affairs meeting concerning the drafting of legislative agendas; met with the Board of Health and said he is pushing for the state to allow mid-level dental practitioners, much like the Physician Assistants for Doctors. Councilmember Higgins: said he met three times with the Clean Air Board for meetings and their retreat; attended the annual Visit Spokane meeting; went to the Spokane County Growth Management Steering Committee of Elected Officials where all three County Commissioners attended; said it was strange as the committee wanted to move things to the Board of County Commissioners, but the Board was against it; said the suggestion was to adopt the population allocation numbers which have been shown to be historically correct, but said the County wanted to go back and do other things that would take longer; and said he reminded everyone we are trying to complete our Comprehensive Plan Review, which Plan relies on those numbers. MAYOR'S REPORT Mayor Grafos said he chaired the Growth Management Steering Committee of Elected Officials meeting and experienced that same sense of lack of accomplishment; and said he participated in the City's Finance Committee meeting concerning the Sullivan Bridge project. PROCLAMATION: (1) World Pancreatic Cancer Awareness; (2) Veterans Day After Mayor Grafos read the two proclamations, Ms. Terri Capozzo accepted with thanks, the World Pancreatic Cancer Awareness Proclamation; followed by Ms. Diane Watters accepting, also with thanks, the Veterans Day Proclamation. PUBLIC COMMENTS: Mayor Grafos invited public comments. Krisinda Marshall: spoke of her opposition to the sidewalk project on Blake; said cars speed excessively up and down the street and over the years she witnessed countless wrecks; said crime rate increases, especially with people stealing things from yards; said if sidewalks were put in, it would open up Blake to even more crime and said the sidewalks are a gateway into their neighborhoods; said there was a "bum" passed out on a bench on the trail; that she was on the trail and went by five suspicious kids who were looking into other people's yards; said she can't stop the trail from being finished but doesn't want the sidewalks on her street as that will mean more unwanted people browsing the neighborhoods and houses; she presented the City Clerk with signatures of several residents also against this project; and she urged Council to reconsider their previous decision. Elizabeth Sexton: agreed with Ms. Marshall about not wanting sidewalks in the area; said a sidewalk will destroy the big maple trees and allow people to practically walk through her living room and said she doesn't believe it is beneficial to the area and also hopes Council will reconsider. 1. PUBLIC HEARING: Extension of Moratorium on Unlicensed Marijuana — Erik Lamb Mayor Grafos opened the public hearing at 6:43 p.m. As noted in his November 10, 2015 Request for Council Action form, Deputy City Attorney Lamb noted the purpose for the proposed six-month extension of the moratorium on unlicensed marijuana; said that state law authorizes this renewal provided a public hearing is held in advance and the City afterwards adopts findings of fact justifying the extension. Mayor Grafos invited public comment. Jason Dixon, Otis Orchards: said he owns the medical marijuana store "Herb Nerds" on East Indiana and that his brick and mortar store would be adversely affected by this moratorium and said his and two other stores would be forced to close from July 1, 2016 until November 2016, which he said is not conducive to a business, and that the City would be "rolling dice" with the lives of real people and asked for the love of family and the sake of survival, to please Minutes Regular Council Meeting: 11-10-2015 Page 2 of 6 Approved by Council: DRAFT adjust the end date of the moratorium for these three stores from October 2016 to July 1, 2016 to patch a flaw in the current moratorium on additional licenses. He also noted that the word "license" in this policy has substantially hurt the tax paying long standing existing medicinal marijuana dispensaries which are fully qualified to be able to merge. Steve Schneider, Spokane County: said he owns commercial rental space and has concerns about his tenant Jason Dixon, who he said will be forced out because of this moratorium and that he hopes something can be figured out so his and other businesses can survive; as a commercial rental he wants as many tenants as possible, that he would lose income, and those renters have families. There were no further comments. Councilmember Gothmann said he is confused on the four months referenced by the speakers. Mr. Lamb explained that tonight's moratorium is an extension of the original moratorium on the unlicensed marijuana uses and that at that time that didn't require a Liquor and Cannabis Board marijuana retail license, but with the reconciliation of medical and recreational going forward, those unlicensed medical uses need to get a marijuana retail license from the WSLCB; and they are still unlicensed for purposes of the second moratorium which is later in tonight's agenda, and said perhaps tonight's public comments are for that agenda item instead of this one; that the July date is the date whereby the state has mandated that collectives must have that Board marijuana license; he said when the City adopts its regulations, we will terminate the moratorium adding that we are well into that process and working to get those regulations before Council as soon as possible. City Manager Jackson added that there has been no decision about whether the City will issue additional licenses; and Mr. Lamb concurred, and said once the City regulations are in place, the moratorium will be lifted, but we don't know what those regulations will be yet. Mayor Grafos closed the public hearing at 6:56 p.m. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of vouchers on Nov 10, 2015 Request for Council Action Form Totaling $1,511,143.99 b. Approval of Payroll for Pay Period Ending October 31, 2015: $448,097.53 c. Approval of October 27, 2015 Formal Format Council Meeting Minutes It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS 3. Second Reading Proposed Ordinance 15-019 Adopting 2016 Budget — Chelsie Taylor After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded, to approve Ordinance 15-019 adopting the 2016 budget. After Finance Director Taylor went over some of the highlights of the budget, Mayor Grafos invited public comments. No comments were offered. Councilmember Pace said he feels this budget should be capped at 1% over the previous year and that it would be inappropriate for Council to dictate how that could be accomplished; said Council sets the goals and policies and the City Manager runs the City. Councilmember Wick said this is a great budget and much has been added, including the city hall construction fund as well as maintenance for the new city hall; expansion and a power shift of the police force, the Parks and Recreation Appleway Trail, and Browns Park and said he is very supportive of the budget. Vote by Acclamation: In Favor: Mayor Grafos, and Councilmembers Hafner, Higgins, Wick and Gothmann. Opposed: Deputy Mayor Woodard and Councilmember Pace. Motion carried. 4. First Reading Proposed Ordinance 15-020 Adopting Marijuana Findings of Fact — Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance No. 15-020, adopting findings of fact justifying the adoption of Ordinance No. 15-017 and the establishment of a moratorium on new licensed or registered marijuana uses, to a second reading. Deputy City Attorney Lamb explained that this is the moratorium concerning Minutes Regular Council Meeting: 11-10-2015 Page 3 of 6 Approved by Council: DRAFT new licensed marijuana uses; that this is a one-year moratorium but will be terminated upon adopting the City regulations. Mayor Grafos invited public comment; no comments were offered. Councilmember Pace said he had previously been against the moratorium because citizens voted to legalize this and if people want to smoke it in their home, then he feels that is up to them; but after the public hearing he changed his mind because of the unlicensed uses polluting the waters; said he would like the state to admit there is no such thing as medical marijuana and refer to recreational licensed or unlicensed uses; said he spoke with some administrators of public clinics as well as mental health professionals asking them if they would be issuing cards, and they told him they wouldn't touch this; said he spoke to a medical doctor who said there is no evidence or studies about medical marijuana other than anecdotal support; and said that if this is a medicine it should be prescribed by a licensed medical doctor and issued by a licensed pharmacist. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 5. First Reading Proposed Ordinance 15-021 Amend SVMC 2.65 Credit Accounts— Cary Driskell, Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 15-021 amending chapter 2.65 SVMC relating to establishment and use of credit cards and credit accounts to a second reading. City Attorney Driskell briefly explained that this ordinance and the one following are the results of a review process of the City's purchasing and contracting regulations, which resulted in several revised sections of the City's Code. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 6. First Reading Proposed Ordinance 15-022 Amending SVMC 3.30 Purchasing — Cary Driskell, Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 15-022 repealing chapters 3.35, 3.40, 3.45 and 3.50 SVMC; amending SVMC 3.30.030; and adopting new chapters 3.35, 3.40, 3.41, 3.42, 3.45, 3.46, 3.47, 3.48 and 3.49 SVMC, to a second reading. City Attorney Driskell explained that the bulk of the changes are contained in this ordinance, and he briefly went over some of the sections concerning the difference between contracts and purchasing goods; said these ordinances will also provide a clean framework for the auditors; adding that the ordinances would be effective May 1, 2016, in order to give sufficient time for staff training Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 7. Proposed Resolution 15-009 Setting 3rd Ave. Street Vacation Planning Commission Public Hearing — Karen Kendall It was moved by Deputy Mayor Woodard and seconded to approve Resolution 15-009 setting December 10, 2015 as the date for a public hearing before the Planning Commission on Street Vacation Application STV 2015-0001. Planner Kendall explained that an application was received to vacate a portion of Third Avenue; she explained the area in question, and said this resolution would simply set a public hearing for the Planning Commission; she also noted that all parcels are owned by one person. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. Mayor Grafos called for a recess at 7:23 p.m.; he convened the meeting at 7:35 p.m. 8. Motion Consideration: Collective Bargaining Agreement — John Whitehead It was moved by Deputy Mayor Woodard and seconded to ratify the Collective Bargaining Agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270V, American Federation of State, County and Municipal Employees (AFSCME), for the term of January 1, 2016 through December 31, 2018, and authorize the City Manager to finalize and execute the Minutes Regular Council Meeting: 11-10-2015 Page 4 of 6 Approved by Council: DRAFT agreement. Human Resources Manager Whitehead said that the agreement has tentatively been agreed to by management's and the union's bargaining teams; the term of the agreement is three years beginning 2016; he said the union membership ratified this October 13; he noted the agreement maintains the City's merit system pay for performance, and keeps the City's ability to provide quality service and strategies addressing increasing costs of health care, and allows the City to attract and keep excellent employees. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. PUBLIC COMMENTS: Mayor Grafos invited public comment; no comments were offered. ADMINISTRATIVE REPORTS 9. Lodging Tax Advisory Committee (LTAC) Recommended Allocations — Mark Calhoun Deputy City Manager Calhoun explained some of the history of the LTAC as well as the process leading to the LTAC committee's recommended allocations; and said this item is scheduled as a motion at the December 8 Council meeting. Councilmember Pace said he likes what the committee did, but some things to think about for the long term are that he feels businesses need to be responsible for their own marketing, not the government; that government should stay out of tourism promotion and stick with public safety and infrastructure; he thinks we need to lobby the state to go back to the old way where the distribution was decided by Council and not the committee; and that distributions should be based on heads in beds; instead of giving money to Visit Spokane it should go to the Hotel Association and if they want to contract with Visit Spokane they can, or have a coalition to get together and raise money; he would also encourage the HUB contracting with the Sports Commission. Councilmember Wick thanked Council for the goals and said they were heavily weighed in the committee's discussion; said there was quite a bit of discussion and compromise to get from the $946,000 requested to the $560,000 budgeted; said he is comfortable with the recommendation; and concerning the suggestion of giving the funds to the Hotel/Motel Association, he said that sounds similar to the TPA (Tourism Promotion Area); and said he also feels the committee's recommendation is good. 10. Comprehensive Plan Docket — John Hohman Planner Barlow explained the background for the 2016 comprehensive plan annual amendment; said we only received one request and that was from AVISTA; and said if Council agrees, this will come to Council at the November 17 meeting for a motion. Council concurred. 11. New Website — John Whitehead Human Resources Manager Whitehead explained that tonight is the initial look at our new website design, which he said is not currently live; and explained that this was done in response to concerns that the current website isn't mobile -friendly. After Mr. Whitehead explained several of the features of the website, Councilmember Pack asked about getting put input and testing of areas. Mr. Whitehead said testing of areas continues, but they have not solicited public input. 11. Advance Agenda Deputy Mayor Woodard suggested moving the December 8 Planning Commission appointments to January 5 as he feels the incoming mayor should be the one to do the appointment recommendation; he said he realizes this is not in the Governance Manual but he would like the committee to consider making that change. Mr. Jackson explained that the intent was to have the Planning Commissioners in place by the first of the year, but that staff would work to have the appointments in January if that is Council's desire. After further brief discussion, it was determined to move the appointments to January. Councilmember Pace asked about the previous comments concerning the sidewalk on Blake and that he would like to take another look at that project. Mr. Jackson explained that the application has been submitted, and Councilmember Wick also noted we want to make sure we don't lose the funds. Minutes Regular Council Meeting: 11-10-2015 Page 5 of 6 Approved by Council: DRAFT Councilmember Gothmann noted we can't spend the money on something else since there are specific parameters for use of these Block Grant Funds. Mr. Jackson mentioned talking with the members of the neighborhood and Councilmember Hafner agreed that Council should hear from more neighbors. There was some discussion about the comprehensive plan and the timing and getting that population allocation figure; and Councilmember Pace suggested we tell the "state and county to stuff it" about using that number; that we need the number as it is a tool for economic development. Mr. Jackson said we will have that conversation again, but the risk is spending the $300,000 then having that being undone if those figures are based on an incorrect number. Mayor Grafos suggested we need to follow the rules since we are spending the citizens' money. Councilmember Pace asked what would happen if the state doesn't approve our comp plan, and Councilmember Wick said if we don't have an approved plan, we would no longer be able to receive any federal funds for transportation projects. Mr. Jackson said he will discuss this with the consulting attorneys; that he is convinced the risk is real; that people watch -dog these processes and that figure also helps determine where you place multi -family housing; adding that it is the County that formally adopts the population allocation. INFORMATION ONLY: The (13) Legislative Agenda; (14) Quarterly reports of Parks and Recreation, and Operations and Administration; (15) Sullivan Bridge Change Order #7 [Centennial Trail]; and (16) Private Rideshares were for information only and were not reported or discussed. CITY MANAGER COMMENTS City Manager Jackson said next week's council meeting will include a presentation from the Chamber about their Big 5 project; mentioned the talking points legislative agenda that he distributed to Council's place at the dais, asked Council to please read it, that it can change, and that he also sent it to Briahna Murray. Regarding the change order also distributed to Council, said the Finance Committee agreed for him to sign that, that it is larger than anticipated, and that staff is having discussions with the engineer to determine their share of the cost; that this change order is $381,000 and the previous change order was $24,783. Mr. Jackson also reported that we were not awarded the TIGER Grant for Barker, although we have not yet received the formal notice; and for consideration next year, Council's goals could include a long-term funding plan for grade separations. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn into executive session for approximately sixty minutes to discuss potential litigation, and that no action would be taken upon return to open session. Council adjourned into executive session at 8:27 p.m. At approximately 9:27 p.m., Mayor Grafos declared Council out of executive session, and immediately thereafter, it was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. ATTEST: Dean Grafos, Mayor Christine Bainbridge, City Clerk Minutes Regular Council Meeting: 11-10-2015 Page 6 of 6 Approved by Council: DRAFT MINUTES SPOKANE VALLEY COUNCIL SPECIAL MEETING STUDY SESSION Spokane Valley Council Chambers Spokane Valley, Washington 99206 Wednesday, November 18, 2015 Attendance: Councilmembers Staff 5:00 p.m. Dean Grafos, Mayor Arne Woodard, Deputy Mayor Chuck Hafner, Councilmember Rod Higgins, Councilmember Ed Pace, Councilmember Ben Wick, Councilmember Bill Gothmann, Councilmember Pro Tem Others in Attendance: Steve Roth, Project Manager Architects West Angie Everstine, Design Source Mike Jackson, City Manager Mark Calhoun, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney John Hohman, Community & Econ. Dev. Dir. Lori Barlow, Senior Planner Steve Worley, Senior Engineer Carolbelle Branch, Public Information Officer Christine Bainbridge, City Clerk Mayor Grafos called the meeting to order at 5:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. Mayor Grafos welcomed and thanked everyone for coming. At the Mayor's request, Mr. Roth and Ms. Everstine introduced themselves. DISCUSSIONS: Interior Design Options for New City Hall — John Hohman Mr. Roth said that they spent considerable time to arrive at the range of finished products shown on the table. Ms. Everstine then explained that the design team felt they needed to create a neutral pallet that would last for more than thirty years, one inspired by nature and one where lots of things can go with it; said they have a gray base with blue or brown, and it appears most were leaning toward the blue/gray; said the team evaluated the color concerning how much should be used, that they didn't want colors that were too bold or colors that looked like they spent too much money; said she they were very budget conscious. She also talked about some of the flooring materials for the various areas, including Council Chambers. Mr. Jackson added that they want to make sure Council is comfortable with the choices and said there are a variety of colors and styles from which to choose; said bolder colors seem to go out of style, and that we wanted to have something a little more classy than using bright colors; and also said more examples/samples could be produced if Council desired. Mr. Jackson said they relied heavily on the architect. Ms. Everstine mentioned that the blue colors would add a bit more variety than having everything brown; she mentioned tiles in the lobby in the form of a river, and said they are still working on those; also mentioned the idea of tile on the stairs up to the second floor, and said that tile is more durable than carpet and has less wear issues, and carpet tiles can be replaced if damaged. She said that the majority of the building would use those carpet squares. One of the samples she displayed looked like pebbles and rocks, and she suggested that could be used in the second floor conference room, and if desired, they could come up with a pattern that looks like a river. She also suggested an area rug on the second floor. She suggested sheet vinyl for areas like the janitor closets and bathrooms; but to have the lobby tile for the floor continue in the restrooms, and behind the toilets, with lighting for the wall, with perhaps a 12 x 24 Special 5 p.m. Council Meeting: November 18, 2015 Page 1 of 3 Approved by Council: DRAFT tile light purple panel; and which would cover from floor to ceiling. She also mentioned bigger format tiles on the walls; that the coffee bars also might have a band of tile, but nothing too trendy, just something to add a little interest to the coffee bar and/or bathrooms. She mentioned quartz for the bathroom counters and said they will last forever. Other areas of focus she mentioned included the area going up the open stairs; said the wall needs something and they are looking at adding texture, maybe river, panels, waves, graphics, etc., but that has not been determined yet. Mr. Hohman said that the interior design they last saw had brick on the inside of the lobby, but that after further thought, they felt that would change as it would be a cost issue; said the interior will now be drywall but maybe have a wrapping brick element into it to tie the building together. Mr. Roth said they were thinking about some very small brick accents inside the lobby, but that 99% of the lobby interior would be drywall, and he said there is still a lot of work to do in the lobby. Ms. Everstine mentioned the idea of artwork on the walls so we would want neutral walls. Councilmember Hafner said whatever is determined, the lobby will be one of the most important areas since that will be people's first impression of City Hall. Ms. Everstine said once a baseline is established, they will finish the design and sketches. Ms. Everstine said they are trying to get finishes that would appeal to most, and said the reception desk itself will look classy. Mr. Roth said they would like to get some general decision on the finishes, specifically for the main reception and permit counter, which he said are not designed yet. Mr. Hohman mentioned the idea of the river, which he said would be the main visual/eye-catcher, and said the team is looking at having the river meander through to take you where you want to go, such as to the receptionist desk. Mr. Roth also mentioned that the idea is upon entering City Hall, the first thing to see would be the river, which starts outside; he mentioned the openness once inside and that people could see up to the second floor and that it gives a sense of openness and friendliness and a sense of where you are; and echoed that the most important places would be the receptionist desk and permit counter. Deputy Mayor Woodard asked about the location of the river rock, and Ms. Everstine said they are working with that now, to perhaps incorporate it into the receptionist desk and possibly the wall up the stairs, but that they are still evaluating that idea. Mayor Grafos said that there should be enough of the river rock to be an accent piece. Mayor Grafos also asked about lighting, and Mr. Roth said that also has not yet been determined, and they are going to have a meeting in about a week and a half concerning lightening fixtures. Mr. Hohman said they are looking at LED lighting for the entire building. Mr. Jackson said the plan is to schedule time at every study session to discuss City Hall; and at one of those future meetings, we can bring in some lighting fixtures. Councilmember Higgins asked about the rock pyramid and Mr. Hohman said that also has not yet been determined. Mr. Hohman mentioned that there will be some seating in the plaza area of City Hall and the idea was to have the seating walled with river rock, but to stay away from river rock on the exterior because of the exterior masonry walls. Councilmember Pace said he likes the idea Ms. Everstine mentioned earlier about buying some materials locally, as well as working within budget; said the blue colors appeal to him and first impressions are important, as we want to make everyone feel welcome. Councilmember Gothmann agreed. Deputy Mayor Woodard said durability is important, and that he too leans toward the blue colors as they are calming. Concerning the river rock, Ms. Everstine mentioned that the concept is more toward natural materials, and Mayor Grafos agreed that we do not want to see materials that are dated. Mr. Roth said of the suggested materials, they are neither the least nor the most expensive, but are good quality mid-range, commercial grade materials. Mr. Hohman said he will be working with Mr. Jackson on upcoming Council study session agendas to bring relevant information to Council, and that the team is still looking at such things as structural elements, HVAC, electrical, server, and computers; mentioned the 3-D renderings from the September 29 meeting, said there is a small design change for the permit side of the building, that the main entry had vertical glass and the west side's glass was tipped out, but for various reasons, a lot which has to do with Special 5 p.m. Council Meeting: November 18, 2015 Page 2 of 3 Approved by Council: DRAFT costs, those will not be tilted out but will match the glass at the front of the building. Mr. Roth said most of the exterior is "set" at this point as shown in the renderings, and Mayor Grafos and Deputy Mayor Woodard both said they would like to see river rock on the exterior. Mr. Roth said he will look at that but is a bit nervous about it as it is something like wearing plaid and stripes together, that they are nice on their own but don't' always mesh; but said he realizes this is important so will look at this, and Councilmember Hafner suggested a visualization would help. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 5:50 p.m. ATTEST: Dean Grafos, Mayor Christine Bainbridge, City Clerk Special 5 p.m. Council Meeting: November 18, 2015 Page 3 of 3 Approved by Council: DRAFT MINUTES SPOKANE VALLEY COUNCIL SPECIAL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley, Washington Wednesday, November 18, 2015 Attendance: Councilmembers Staff 6:00 p.m. Dean Grafos, Mayor Arne Woodard, Deputy Mayor Chuck Hafner, Councilmember Rod Higgins, Councilmember Ed Pace, Councilmember Ben Wick, Councilmember Bill Gothmann, Councilmember Pro Tem Mike Jackson, City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Mike Stone, Parks & Recreation Director Eric Guth, Public Works Director John Hohman, Community Development Dir. Christine Bainbridge, City Clerk Mayor Grafos called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. AMENDED AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the amended agenda. [Note: because of the severe windstorm of the previous evening and of the numerous remaining power outages, it was determined to keep this meeting short by removing non -action items from this agenda, and postponing them to a future agenda.] ACTION ITEMS: 1. Second Reading Proposed Ordinance 15-020 Adopting Marijuana Findings of Fact — Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 15-020 adopting findings of fact justifying the adoption of Ordinance No. 15-017 and the establishment of a moratorium on new licensed or registered marijuana uses. Mr. Lamb gave a brief overview of the proposed ordinance. Concerning Mr. Jackson's draft letter to the Rules Coordinator of the Washington State Liquor and Cannabis Board and comments to the proposed rule #15- 17, Councilmember Higgins acknowledged the letter and said he feels the views are well stated. Mr. Jackson said he feels the letter represents Council's view of the local control, and added that since the state hasn't yet issued all the mandates, why increase the total now. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion Carried. 2. Second Reading Proposed Ordinance 15-021 Amending Spokane Valley Municipal Code (SVMC) 2.65 — Cary Driskell, Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 15-021 amending chapter 2.65 SVMC relating to establishment and use of credit cards and credit accounts. After Mr. Driskell's brief overview of the ordinance, Mayor Grafos invited public comments. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion Carried. 3. Second Reading Proposed Ordinance 15-022 Amending Spokane Valley Municipal Code (SVMC) 3.30 Purchasing — Cary Driskell, Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 15-022 repealing chapters 3.35, 3.40, 3.45, and 3.50 SVMC; amending Council Special Study Session: 11-18-2015 Page 1 of 3 Approved by Council: DRAFT SVMC 3.30.030; and adopting new chapters 3.35, 3.40, 3.41, 3.42, 3.45, 3.46, 3.47, 3.48, and 3.49 SVMC. After Mr. Driskell's brief overview of the ordinance, Mayor Grafos invited public comments. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion Carried. 4. First Reading Proposed Ordinance 15-023 Findings of Fact, Moratorium Extension — Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance No. 15-023, adopting a renewal and extension of the moratorium on unlicensed marijuana uses for a period of six months and adopting related findings of fact, to a second reading. Mr. Lamb gave a brief explanation of the ordinance, and said that the Planning Commission conducted a meeting for approximately three hours where they took public comment; and that further discussion is planned for the Planning Commission's December 10 meeting. Mayor Grafos invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 5. Motion Consideration: Comprehensive Plan Docket — Lori Barlow It was moved by Deputy Mayor Woodard and seconded to approve the 2016 Comprehensive Plan Amendment Docket. Ms. Barlow again explained that only one privately initiated map amendment was received, which was from AVISTA Corporation. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed; None. Motion carried. NON -ACTION ITEMS: 6. Chamber of Commerce, Big Five Katherine Morgan 7. Shoreline Master Program (SMP) Final Adoption Lori Barlow 8. Spokane Valley Municipal Codc Text Amendment 2015 0005 Marty Palaniuk 9. Spokane Regional Transportation Management Center Interlocal Agreement Eric Guth, Sean Messner 10. Community Minded TV Agreement John Pietro 11. Comprehensive plan Legislative Review John Hohman, Lori Barlow 12. Advance Agenda — Mayor Grafos There were no suggested changes to the Advance Agenda. 13. (a) Street Maintenance Contract Renewal, and (b) Street Sweeping Contract Renewal were for information only and were not discussed or reported. 14. Council Comments — Mayor Grafos There were no additional Council comments. 15. City Manager Comments — Mike Jackson Mr. Jackson asked Council if they were comfortable with the draft letter to the Rules Coordinator of the Washington State Liquor and Cannabis Board, and Council concurred they were, and Mr. Jackson said he would send the letter. Concerning the major wind storm, Mr. Jackson explained that he was contacted about 10:30 a.m. by Emergency Management about the impending storm, and began to make plans on how to handle calls; said he and Mayor Grafos discussed whether or not to hold the Council meeting, decided to wait until the Council Special Study Session: 11-18-2015 Page 2 of 3 Approved by Council: DRAFT afternoon to make that decision, and ultimately cancelled the meeting; that about 4:00 p.m. he permitted some of the non-essential staff to go home; but many employees were required to remain at work, especially at central reception; said the phones messages were changed so public works could take calls throughout the night; and that a Senske team as well as a Geiger team worked through the night, and he asked Mr. Guth to comment. Mr. Guth explained that staff and crews are working to remove downed trees that are in the rights-of-way; said they got about 68 calls and all but about 12 have been inspected; said he has one staff on tonight until till midnight and he is out inspecting those remaining 12 trees; said Senske had about three crews working through the night last night; and Budget Arborist worked until about 1:00 a.m. and was back on today at 1:00 p.m.; said Senske also has some crews working on parks and facilities; said that of the trees in the roadways, most are cleared out of the road, and if not, have been moved to the edge to allow vehicles to pass; said he is working with residents on those trees that are our responsibility; and that private citizens will take care of trees from their private property that land in the road; said our transfer station is accepting all sizes of debris and the County is accepting clean green and debris waste from the storm; he said the storm took out about one-third, or thirty traffic signals and some are still out; adding that it is likely some cabinets will need additional repairs. Mr. Guth said people are good about stopping at intersections where traffic signals are out, and said he spoke with the Fire Department and there have been no major clashes. Mr. Guth said stop and yield signs are also a priority, and that some signs have bent poles, and are down and/or missing; and that they are working hard to get those replaced today. Mr. Guth also noted that trees intertwined with lines or lines down around them are being avoided as we must wait for action from the utility company. Mayor Grafos said that staff and crews have done a great job, noting that our area made the national news. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 6:22 p.m. ATTEST: Dean Grafos, Mayor Christine Bainbridge, City Clerk Council Special Study Session: 11-18-2015 Page 3 of 3 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 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: Holiday Closure: City Hall & CenterPlace GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Move to close City Hall and CenterPlace at 12:00 PM, Noon, Friday, December 24, 2015. BUDGET/FINANCIAL IMPACTS: None. There would be no loss of compensation for employees that day since City Hall will be closed. STAFF CONTACT: John Whitehead, HR Manager ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Check all that apply: ® consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Agreement to balance the 2015 amended budget in order to accommodate windstorm cleanup costs. GOVERNING LEGISLATION: Ordinance 14-015 adopting the 2015 Budget and Ordinance 15- 018 amending the 2015 Budget PREVIOUS COUNCIL ACTION TAKEN: The 2015 Budget was amended on October 27, 2015. BACKGROUND: Subsequent to the amendment to the 2015 Budget on October 27, 2015, the City experienced damage from a strong windstorm on November 17, 2015. The windstorm resulted in unforeseen costs related to the damage from the windstorm and cleanup efforts in the subsequent days. Estimated costs as of December 2, 2015, total $289,436, including $124,436 in street and traffic costs and $165,000 in parks costs. The street and traffic costs include labor, contractor fees and materials to remove trees from streets and right-of-ways as well as replacing or repairing various City signs and signals. The parks costs include damage to fencing, playground equipment and various other structures and equipment as well as the removal of approximately 35 to 40 pine trees and the repair of the turf in the parks. The majority of the work for the street and traffic costs has been completed, with the remaining costs consisting primarily of additional debris removal and street sweeping. Staff is analyzing the remaining contract amounts in the 2015 amended budget related to street maintenance and street sweeping within the Street Fund #101. The existing budget will be able to accommodate a portion of the total street and traffic windstorm costs of $124,436. The remainder of the costs that cannot be accommodated within the existing 2015 Street Fund #101 budget will be paid for through the Winter Weather Reserve Fund #122. The Winter Weather Reserve Fund #122 has an existing appropriation for street maintenance related to winter storms in the amount of $500,000 for 2015. It is staffs intention to replenish the Winter Weather Reserve for any amounts used as soon as possible. One option for the repayment is to use unassigned cash balance in the Capital Reserve Fund #312, which has an uncommitted balance of approximately $598,000 as of December 2, 2015. The City could also implement a repayment plan spanning several years if necessary. Cleanup of damage to the parks will take place both in 2015 and 2016. The work that is anticipated to be completed in 2015 is the cleanup and removal of the downed trees from the parks, which is estimated to cost $65,000. Based upon estimates of the remaining available 2015 budget as of December 2, 2015, the existing Parks and Recreation Department amended 2015 Budget can accommodate approximately $40,000 of the additional cleanup costs. Staff proposes that the remaining estimated 2015 costs of $25,000 be paid from the General Government Department within the General Fund. The remaining $100,000 of parks cleanup costs pertain to the replacement or repair of playground equipment, fencing, soil and sod, and other items, which will not be able to be completed prior to the end of 2015. Staff anticipates that a 2016 Budget amendment will be necessary to accommodate these costs. OPTIONS: Approve for staff to move forward with the proposed plan to balance the 2015 Budget in order to accommodate windstorm cleanup costs, or request additional information regarding alternate funding solutions. RECOMMENDED ACTION OR MOTION: Move to approve staff to move forward with the proposed plan to balance the 2015 budget in order to accommodate windstorm cleanup costs. BUDGET/FINANCIAL IMPACTS: Additional 2015 costs in the amount of $189,436 and additional 2016 costs in the amount of $100,000. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 15-024 repealing the Shoreline Master Program (SMP) and Development Regulations in Spokane Valley Municipal Code (SVMC) Chapter 21.50 and Appendix 21-H and adopting the 2015 Shoreline Master Program (SMP) and new SVMC Chapter 21.50 GOVERNING LEGISLATION: Shoreline Management Act (SMA) RCW 90.58 PREVIOUS COUNCIL ACTION TAKEN: Approved by Ordinance No. 14-020 to send to the Department of Ecology (Ecology) for review; On December 1, 2015 Council advanced the final adoption of the SMP to the Ordinance First Reading. BACKGROUND: The City conducted a comprehensive SMP update consistent with the SMA and its implementing guidelines (WAC 173-26) to develop its 2015 SMP. The SMA requires that local government conduct a local review and approval process prior to submitting the SMP to Ecology for state review and approval. The City adopted Ordinance No 14-020 on December 9, 2014 approving the 2015 SMP and formalizing the City's process. The Ordinance recognized that the 2015 SMP would not be in effect until approved by Ecology. On August 20, 2015 Ecology approved the document as submitted and the document became effective on September 3, 2015. At this time the City must complete the process to replace the existing SMP, which is currently set forth in Chapter 21.50 SVMC, by adopting the 2015 SMP approved by Ecology. Concurrently, to avoid confusion, the City will repeal prior ordinances and resolutions that accepted drafts of various parts of the 2015 SMP which were submitted to Ecology. The shoreline regulations, which are Chapter 4 of the 2015 SMP, will be located in the Municipal Code as Chapter 21.50, while the 2015 SMP is a stand-alone document, similar to the Parks and Recreation Master Plan. The Comprehensive Plan update will incorporate the 2015 SMP as a new Chapter. OPTIONS: Move to advance to a second reading or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance No. 15-024 to a second reading. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: Draft Ordinance 15-024 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-024 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON REPEALING THE SHORELINE MASTER PROGRAM AND DEVELOPMENT REGULATIONS IN CHAPTER 21.50 AND APPENDIX 21-H OF THE SPOKANE VALLEY MUNICIPAL CODE, ADOPTING THE 2015 SHORELINE MASTER PROGRAM AND NEW CHAPTER 21.50 SPOKANE VALLEY MUNICIPAL CODE, AND OTHER MATTERS RELATING THERETO. WHEREAS, in 1972, the public adopted the Shoreline Management Act, codified at Chapter 90.58 RCW (SMA), by way of referendum to "prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines"; and WHEREAS, RCW 90.58.080 requires local governments to develop or amend master programs for the regulation and uses of the shorelines of the state consistent with the guidelines adopted by the Washington State Depaitinent of Ecology (Ecology); and WHEREAS, RCW 90.58.020 directs local governments developing shoreline master programs to give preference to uses in the shorelines in the following order of preference which: 1) recognize and protect the State-wide interest over local interest; 2) preserve the natural character of the shoreline; 3) result in long-term over short-term benefit; 4) protect the resources and ecology of the shoreline; 5) increase public access to publicly -owned areas of the shorelines; 6) increase recreational opportunities for the public in the shoreline; and 7) provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary; and WHEREAS, in 2003, Ecology adopted new rules, pursuant to RCW 90.58.200, which gave procedural and substantive direction to local jurisdictions for updating shoreline uses and regulations, which became effective January 17, 2004; and WHEREAS, when it incorporated in 2003, the City of Spokane Valley (City) adopted Spokane County's then -existing Shoreline Master Program as the City's Shoreline Master Program (SMP). Pursuant to RCW 90.58.080, the City is required to adopt a comprehensive master program update consistent with the criteria set forth in Ecology's guidelines (chapter 173-26 WAC); and WHEREAS, two bodies of water within the City are regulated under the City's SMP, including the Spokane River and Shelley Lake. The Spokane River is designated as a "shoreline of statewide significance" and Shelley Lake is designated as a "shoreline of the state"; and WHEREAS, in the fall of 2009, the City began its SMP update (the SMP Update) without the assistance of grant funding from Ecology; and WHEREAS, as part of the SMP Update, the City has conducted an extensive public input process; and WHEREAS, the SMP Update process specified that individual components of the SMP Update would be reviewed and accepted separately by City Council resolution, and further recognized that as each component was completed, it would be used as a base upon which to develop the remainder of the SMP Update and was not intended to remain as a stand-alone document; and WHEREAS, the City of Spokane Valley Shoreline Master Program Update Inventory and Characterization Report, dated April 4, 2010, Amended September 7, 2010, was accepted by the City Council pursuant to Resolution No. 10-014 (Inventory); and Ordinance 15-024 Page 1 of 4 DRAFT WHEREAS, the Shoreline Master Program Goals and Policies was accepted by the City Council pursuant to Resolution No. 12-004; and WHEREAS, the Shoreline Master Program Environment Designations was accepted by the City Council pursuant to Resolution No. 12-007; and WHEREAS, the Shoreline Restoration Plan was accepted by the City Council pursuant to Resolution No. 12-012 (Restoration Plan); and WHEREAS, the Shoreline Public Access Plan was accepted by the City Council pursuant to Resolution No. 13-001 (Public Access Plan); and WHEREAS, the Shoreline Master Program Development Regulations were accepted by the City Council pursuant to Resolution No. 14-009; and WHEREAS, the City Council adopted Ordinance No. 14-020 on December 9, 2014, to conclude that the SMP Update included the necessary master program elements required pursuant to WAC 173-26- 191(b), the master program basic requirements set forth in WAC 173-26-191(2), and the general master program provisions set forth in WAC 173-26-221 in order to submit the City's completed and updated SMP to Ecology for its review and approval; and WHEREAS, RCW 36.70A.480 provides that the goals and policies contained in a local shoreline master program shall be considered an element of the City's Comprehensive Plan adopted under the Growth Management Act, chapter 36.70A RCW and that this cannot take effect until after Ecology has approved the document; and WHEREAS, the City is in the process of completing a periodic update of the Comprehensive Plan and intends to incorporate the Goals and Policies of the SMP into the Comprehensive Plan as part of the update, which will happen at a later date; and WHEREAS, on March 2, 2015 the SMP was submitted to Ecology for review; and WHEREAS, Ecology began the agency's review process by providing an initial public comment period for the SMP that opened April 20, 2015 and closed May 20, 2015; and WHEREAS, on May 27, 2015, Ecology forwarded the comments it received to the City, acknowledging that the comments were received after the comment period had closed; and WHEREAS, on July 9, 2013 the City provided Ecology a response to those comments; and WHEREAS, on August 20, 2015 Ecology approved the City's SMP as submitted; and WHEREAS, on September 3, 2015 the SMP became effective; and WHEREAS, Ecology is required to provide a 60 -day appeal period on the final approval of the City's SMP and did not receive any appeals; and WHEREAS, the City Council desires to repeal the existing SMP to replace it with the updated SMP as has been approved by Ecology; and WHEREAS, concurrently with the repeal and replacement of the SMP, the City will propose a separate resolution to repeal all prior resolutions that were passed as part of the SMP Update in order to ensure there are no contradictory parts of the SMP. Ordinance 15-024 Page 2 of 4 DRAFT NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to repeal the City's existing SMP set forth in chapter 21.50 and Appendix 21-H SVMC and adopt the revised SMP as approved by Ecology on August 20, 2015. The City is in the process of updating its Comprehensive Plan and the revised SMP will be incorporated into the updated Comprehensive Plan at the time it is adopted. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the revised SMP and recommended approval of the revised SMP. The City Council has read and considered the Planning Commission's findings. The City Council adopts the foregoing recitals as findings for this Ordinance, which are incorporated by reference as if set forth in full, and also makes the following conclusions: Conclusions: A. The Council finds compliance with SVMC 17.80.150(F) for the SMP. The SMP is consistent with the goals and policies of the Spokane Valley Comprehensive Plan, and will promote the public health, safety, welfare, and protection of the environment. B. The Council finds the following public notices were given to offer the public participation opportunities consistent with the adopted City of Spokane Valley Shoreline Master Program Public Involvement Plan: 1. Appointment of a citizen based Shoreline Advisory Group which met twice a month over a six-month period, to assist in the preparation of the draft Goals and Policies; 2. Appointment of a Technical Advisory Group consisting of representatives from a wide variety of resource agencies and interest groups; 3. Numerous public meetings and public hearings before the Planning Commission; 4. Numerous postings of public notices, draft SMPs and technical documents, meeting notices on the City website; 5. Emailing from City staff to numerous interested persons and agencies; 6. Individual notification of the August 28, 2009 and October 23, 2009 public meetings to notify potentially -impacted shoreline landowners of the public meetings, and individual mailings of the Shoreline Inventory Activities to potentially -impacted shoreline landowners; 7. Display advertisements published on five separate dates in the Spokesman Review and/or Spokane Valley Herald newspaper inviting persons to open house meetings throughout the draft development process; and 8. Notices posted on the City's website of all public meetings regarding the Draft SMP planning effort. C. The policies of the SMP are valid and applicable and will further the public health and welfare. D. The SMP will provide the citizens of the City with a program that is predictable and specific to their community. E. The process employed by the City in preparing and reviewing the SMP is in compliance with chapter 90.58 RCW, chapter 173-26 WAC, Washington State Shoreline Management Planning Guidelines, and the adopted City of Spokane Valley Shoreline Master Program Public Involvement Plan. F. The Planning Commission unanimously recommended that the Draft SMP be adopted as presented. Ordinance 15-024 Page 3 of 4 DRAFT G. The City Council adopted the revised SMP pursuant to Ordinance No. 14-020 on December 9, 2014, to conclude that the SMP Update included the necessary master program elements required pursuant to WAC 173-26-191(b), the master program basic requirements set forth in WAC 173- 26-191(2), and the general master program provisions set forth in WAC 173-26-221, and submitted the City's completed and updated SMP to Ecology for its approval. H. Ecology determined that the amendments comprehensively updating the SMP are consistent with SMA policy, the applicable guidelines and implementing rules, and therefore approved the City's comprehensive SMP Update as submitted on August 20, 2015. Section 3. Adoption of Shoreline Master Program. The City's existing SMP, set forth in chapter 21.50 and Appendix 21-H SVMC, is hereby repealed and replaced with the revised Spokane Valley SMP as approved by Ecology on August 20, 2015, as set forth in Exhibit 1, attached hereto. Chapter 4 of the revised SMP (Shoreline Regulations) shall be codified as chapter 21.50 SVMC. Section 4. Severability. If any section, sentence, clause of phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this day of December 2015. ATTEST: Dean Grafos, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 15-024 Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Item: Check all that apply: ❑ consent ❑ information Department Director Approval ❑ old business ® new business ❑ public hearing ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance No. 15-025 amending Spokane Valley Municipal Code (SVMC) Title 17 GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: None BACKGROUND: On December 9, 2014 the City Council approved Ordinance No. 14-020, adopting the Shoreline Master Program (SMP) in order to submit the document to the Department of Ecology for review and approval. The Department of Ecology approved the document on August 21, 2015 and it became effective September 3, 2015. The process for City Council to adopt the final SMP by Ordinance No. 15-024 is underway and should be completed by December 15th. The new SMP contains procedural changes and definitions that are not consistent with the current SVMC. CTA -2015-0005 corrects the inconsistencies with the following changes: 1. Identifies, establishes and revises permit types and processes for shoreline permits; 2. Clarifies the appeal authority for shoreline permits; 3. Addresses minor code compliance housekeeping items; 4. Removes Shoreline Conditional Use permits from the matters heard by the Hearing Examiner; and 5. Modifies or eliminates definitions in SVMC — Appendix A that are inconsistent with the SMP; Ordinance No. 15-025 accomplishes items 1 through 3 above. The Planning Commission held a public hearing on the amendments on September 10, 2015. Following public testimony and deliberation, the Planning Commission voted 7-0 to forward the amendments to City Council with a recommendation to approve. OPTIONS: Move to advance to a second reading with or without further amendments RECOMMENDED ACTION OR MOTION: Move to advance Ordinance No. 15-025 to a second reading. STAFF CONTACT: Martin Palaniuk, Planner ATTACHMENTS: 1) Ordinance No. 15-025 2) Staff Report CTA -2015-0005 3) PC Findings and Recommendation 4) PC Meeting Minutes 8-27-15 5) PC Meeting Minutes 9-10-15 6) PC Meeting Minutes 9-24-15 1 of 1 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-025 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTIONS 17.80.030 AND 17.90.010 RELATING TO ASSIGNMENT OF DEVELOPMENT APPLICATION CLASSIFICATION AND DECISION AND APPEAL AUTHORITY, AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code (SVMC) Title 17, pursuant to Ordinance 07-015; and WHEREAS, on October 28, 2007, SVMC Title 17 became effective; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, on August 4, 2015, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60 -day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on August 21 and 28, 2015, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on August 27, 2015, the Planning Commission held a study session; and WHEREAS, on September 10, 2015, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations; and WHEREAS, on September 24, 2015, the Planning Commission approved the findings and recommendations; and WHEREAS, on December 1, 2015, City Council reviewed the proposed amendments; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC 17.80.030 and 17.90.010, as amended, bears a substantial relation to the public health, safety, welfare and protection of the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to make the SVMC consistent with the City's Shoreline Master Program by adding applicable shoreline permits to the permitting and appeal procedures set forth in SVMC 17.80. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: Ordinance 15-025 Page 1 of 6 DRAFT A. Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County -Wide Planning Policies, set forth below. Chapter 8 - Natural Environment Element of the Comprehensive Plan includes the goals and policies of the Shoreline Master Program (SMP) as goals and policies of the Comprehensive Plan. The proposed amendments are consistent with the SMP as the goals and policies of the SMP are included as goals and policies of the Comprehensive Plan. The amendments are therefore consistent with the Comprehensive Plan. The amendments are consistent with the following Comprehensive Plan policies: Land Use Policy LUP-13.1: Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Economic Policy EDP -7.1: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP -7.2: Review development regulations periodically to ensure clarity, consistency and predictability. The amendments are consistent with the SMP where the purpose is to protect the public interest in the shoreline, preserve the natural character of the shoreline, advocate long term over short term benefit, protect the resources and ecology of the shoreline, increase public access to publicly owned shoreline areas, and increase public recreational opportunities in shoreline areas. For this reason the amendments bear a substantial relation to public health, safety, welfare, and protection of the environment. C. Conclusions The Shoreline Management Act requires that local governments amend their master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the Department of Ecology. The goals and policies of the SMP are considered an element of the City's Comprehensive Plan. Spokane Valley development regulations are intended to implement the City's Comprehensive Plan and therefore must be consistent with the Plan. The proposed text amendment is consistent with the City's Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). The proposed City -initiated Code text amendments are consistent with the City's adopted Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). Section 3. Amendment. Spokane Valley Municipal Code Section 17.80.030 is hereby amended as follows: 17.80.030 Assignment of development application classification. Ordinance 15-025 Page 2 of 6 DRAFT A. Assignment by Table. Land use and development applications shall be classified pursuant to the following table: Table 17.80-1 —Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross - Reference Type I Accessory dwelling units 19.40.100 Administrative determinations by community development director, public works director, or building official Multiple Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Home occupation permit 19.40.140 Shoreline letter of exemption 21.50 Minor modifications of development agreements 19.30.015(I) Record of survey to establish lots within a binding site plan 20.60.040 Right-of-way permits 22.130.100 Shoreline (dock 21.50 permit exemption permit) Site plan review 19.130 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision or binding site plan 20.30.060 Type II Alterations — Preliminary and final subdivisions, short subdivisions, binding site plans 20.50 Binding site plan — Preliminary and final 20.50 Binding site plan — Change of conditions 20.50 SEPA threshold determination 21.20.060 Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 Shoreline variance 21.50 Short subdivision — Preliminary and final 20.30, 20.40 Preliminary short subdivision, binding site plan — Change of conditions 20.30 Wireless communication facilities 22.120 Type Conditional use permits 19.150 Ordinance 15-025 Page 3 of 6 DRAFT Table 17.80-1— Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross - Reference III Planned residential developments 19.50 Plat vacation 20.70.020 Preliminary subdivision — Change of conditions 20.50 Subdivisions — Preliminary 20.30 Variance 19.170 Zoning map amendments (site-specific rezones) 19.30.030 Type N Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Area -wide zoning map amendments 17.80.140 Development agreements associated with Comprehensive Plan amendments 17.80.140 Development code text amendments 17.80.150 B. Assignment by Director. Land use and development applications not defined in SVMC Table 17.80-1 shall be assigned a type by the director, unless exempt under SVMC 17.80.040. When one or more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in SVMC 17.80, subject to any additional or modified procedures provided in SVMC 21.50, including submittals, completeness review, notices, hearings, and decisions. Section 4. Amendment. Spokane Valley Municipal Code section 17.90.010 is hereby amended as follows: 17.90.010 General. A. Appeals and Jurisdiction. All final decisions shall be appealed to the authority set forth in SVMC Table 17.90-1. Specific procedures followed by the planning commission, hearing examiner, and city council are set forth in Appendix B. Ordinance 15-025 Page 4 of 6 DRAFT Table 17.90-1 — Decision/Appeal Authority Land Use and Development Decisions Appeal Authority Type I and II decisions Hearing examiner (SVMC 17.90.040); further appeal to superior court (Chapter 36.70C RCW) Building permits Hearing examiner (SVMC 17.90.040); further appeal to superior court (Chapter 36.70C RCW) Type III decisions except zoning map amendments Superior court (Chapter 36.70C RCW) Type III zoning map amendments City council (SVMC 17.90.070); further appeal to superior court (Chapter 36.70C RCW) Type IV decisions Superior court Matters subject to review pursuant to RCW 36.70A.020 Growth Management Hearing Board Shoreline development permitsShoreline substantial Shoreline Hearings Board (RCW 90.58.180) development permits, Shoreline conditional use permits, and Shoreline variances Compliance and enforcement decisions (Chapter 17.100 Appeal authorityHearinq Examiner (SVMC SVMC) 17.90.040); further appeal to superior court (Chapter 36.70C RCW) Notice and order of violation Hearing examiner 17.90.0/10); further (SVMC appeal to superior court Section 5 . Other sections unchanged. All other provisions of Title 17 SVMC not specifically referenced hereto shall remain in full force and effect. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Ordinance 15-025 Page 5 of 6 DRAFT Passed by the City Council this day of December 2015. ATTEST: Dean Grafos, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 15-025 Page 6 of 6 Silcikane� jUalley COM (UNITY AND ECONOMIC DEVELOPMENT DEPARTMENT PLANNING DIVISION STAFF REPORT TO THE PLANNING COMMISSION (REVISED) CTA -2015-0005 STAFF REPORT DATE: September 3, 2015 HEARING DATE AND LOCATION: September 10, 2015, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. PROPOSAL DESCRIPTION: City -initiated Code Text Amendment to update Spokane Valley Municipal Code (SVIVIC) 17.80 Permit Processing Procedures, Table 17.80-1 — Permit Type and Land Use Application; SVMC 17.90 Appeals; SVMVIC 18.20 Hearing Examiner, Section 18.20.030 — Powers and Duties, SVMC Appendix A Definitions. The changes are designed to achieve consistency between the SVMC and the Shoreline Master Plan and to remove duplicative compliance and enforcement language. PROPONENT: City of Spokane Valley CommKlrii:. lk',:;ic1nlent Department, 11'707 E Sprague Ave_ Suite 106, Spokane Valley. WA 99206 APPROVAL CRITERIA: Spokane Valley tiivt- 1'P:Hi_i� ,;l .,illi " r,iil ", 1ti2i c l:;i1 ('i,.:l' (''.''.i( Title 17 General Provisions. SUMMARY OF RECOMMENDATION: Fcr‘1•:II`[i clic proposed a recommendation to approve. STAFF PLANNER: Martin Palaniuk, Planner, Community and Economic Development Department REVIEWED BY: Lori Barlow, AICP, Senior Planner, Community and Economic Development Department ATTACHMENTS: Exhibit 1: Proposed text amendment to SVMC Title 17, 18, and Appendix A A` BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Pre -Application Meeting; N/A Application. Submitted: Determination of Completeness: SEPA Determination: Notified Department of Commerce: Published Notice of Public Hearing: Sent Notice of Public Hearing to staffiagel,cics• CTA -2015-0005 Frage 1 a' 4 DnAF°t geplmner 3. 2015 .Alik„ust 14. 2015 AIii,t 3, 2015 Aiif;oii 2 1SE 28, 2015 August 12, 2015 L';;'11"( It::?L1r't 'A-2 I) 14 2. 1'ie{}i'trL:41.13Ac k4;ncl[' I (,111 i cc,:ini?cr° 201,1 X .R.: City Coa1114-II approved Ordinance- No. 14-12i). Al:?lr1H. Cie Shelia in 'vla:.n:; I'regeini [ti:'=]I'i i1. >lc r to slilatnit the document to the Wash ineti7 St.ec in.;e:1r'n1Cn. l' (DOE) for review and appnn a]. On August 21 2015 DOE approved the c e.c', eini[ art eninctiec-1l,l1e I,°'Sari rr':Iie ; ?il ;i. The SVMC rrolisl be Modified to be consistent ni[I'1 tl-:e p'rnttr. procedures and dellnitiens contained in the updated SMP. 11 ill elated SMP contains a Definitions section '.villi k. c,, .l thrli tlri specific to thz SMP. Under (1 : I;ror:.:serl amendment, those words are rttiu}..cci 1rt1_1i t1.1•2 S'' MC Appendix. A Definitions. Words u: p]icable to both the updated SM ' al el (lie `51' 4`lremain in SVMC Appendix. A- Detinitions. These changes are reflected riee amendment to _Appendix :'i - Definitions. The updated SMP also identifies permit processes for several shoreline ]permits includinlr Clic shoreline letter of exemption, shoreline conditional use, shoreline stibstaiitral dev lol,l11eiwi. aril NII:?i C Iir1L- variance perrn.its. Permits are reviewed and approved based on their permit type classification iii SVIvIC 17.80. Permits an: classified as one of four permit types; Type I, 1.1, ILI, or IV. The review and approval process for each type of permit is different and becomes increasingly more complex. Tile proposed aniersdment classifies a shoreline letter of exemption as a Type 1 permit. Shoreline [neer, ,,1` ] ..L Luption are issued to a project or action exempt from a shoreline substantial c vti lu �ixrc nI permit. Projects are reviewed and conditioned administratively and in most cases s.tr1'Ievtto DOE review. Because the decision-tnakirtg authority is administrative and the DOE, review is limited, the appeal authority is the HEX. Tlie proposed rimendment classifies shoreline substantial development permit. shoreline variance, and shoreline conditional use permit as Type 11 permits. Shoreline Conditional Use permits will no longer be heard by the HEX with the charge reflected in the. amendment to SVMC elrarpter 18.20 Et sari n i, l.:xan-liner Powers and Duties. The rationale for this change is Haat the final review authority for a Shoreline Conditional Use permit is DOE. The City provides their local decisicln n fee. a public comment period and forwards it to DOE who holds the authority to deny. ninprove, or conditionally all approve the local decision. The HEX in this case adds an unnecessary layer to the permitting system without providing significant benefit to protecting the environment. SVMC chapter 21,517 i the Shoreline Master Plan which contains additional procedures that alxpl, :c ioniinc p„L.1 in it fieven•H tl]<91 >,rkividecl in S\'lvIC 17.81. Additionn1 1angu r c was .i!.14'd 11 `. VIC i 7 tit) to CLI lit '4.' additional. procedures are contained within the Si\lP .111,1 tvil< al e7 apply to the ell :i iiii. lee i ts. The proposed amendments will modify SVMC Titles 17, 18 and Appendix` A as follows; Appendix A Definitions, eliminate the following definitions as they are no longer accurate or contained within the definitions section of the SMP: 1. E.colcirical function, no net loss of; 2. Ecological functions or shoreline functions; 3. Landfill, shoreline; 4. Nor1 oi1l'urming nse- shoreline; 5. Ordinary high -w iter mark (OHAV 4) 6. Shoreline environment; 7. Shoreline protection; 8. Shoreline restoration: 9. Shoreline substantial development; 10. Water dependent; Page 2 of 4 SLa:l„ftcl,xr1 CIA -2015-0007 11. Water -re [ntcL!; [7. Water-reltltcd industry. 17.80.030, Table 1:780- I — Permit 'I'w pe e led I .and L! : Application: Add "I setter of rsclnptian" tiro ruric.”\L —Shoreline permit exemption (dock p'. iiit}'- from the Type 1 section of the. table: Add ''Set.>rel ince Conditional Use Pamir', `Shoreli -c' noncanLornling use or structure review., ;111a: "Shoreline variance"tvthe Type 11 section oi'rile table SVMC 17.80.030(C) was added to clarify that additional or modified procedure provided in SVMC 21.50 may apply. SVMC 17.90 Tattle 17.40-1 Decision/Appeal Authority was modified to specify the shoreline permits that are appealed to the Shoreline Hearings Board. Compliance and enforcement Language was modified. SVMC 18.20.030 Powers and Duties: Eliminate "Conditional use permits and variances under the shoreline roaster program" from the matters the hearing examiner will hear and add "shoreline letter of exemption appeals". B. FINDINGS AND CONCLUSIONS SPECIFIC To THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisiolns) of the Spokane Valley Municipal Code a. Findings: SVMC 17.S0.150(F) Municipal Cud Text :amendment Approval ('iiicria 1. The City may approve `Vlirilicipall C role [ext amendment, il' ii I:I;ry•; rl7at (1) The proposed text amendin<;1.i iti con Lsicnt with the ap7li. iN_• [}rc.vi;ions ol'tlit; Comprehensive Plan; Staff Analy5i:s: Clianit.r 8 - Natural h Lvar i.nicrii 1 lc:n ll or 111L Plan incl.I;ja' t:l 1:, and policies of the Sltor'cl AU. M:i h r Pio :,r,'i policies of illi Comprehensive e flan, The atitcnilmeiii°� arc con.,iteni '.with the `.tl' ,tnci hcealtsc tl'.e r'r":Lls and policies or the sil,'1 I' .Lr 1 ftoeLI TT; F.,,Elr, .:rail pa Elicit; ,;!` the Comprehensive flan they are therefore consistent with l oth. (2) The proposed amend-lroenl bears a substantial relation to [7.:: iiti 11 c:ilth. tilt tV . welfare, and protection o[-thv: environment; Staff :'In:tivdis: The amendments clr consistent with tri& S ii, t:[in i.i iL : i'r c1,r.f1"1 tivhnsc 1Jurpu..:e is to protect the public interest in the shorc.iinc. pr2s4T.A.: ilt Ilalitral Cllr.lracier. orthc ti'HorclII1e, iidv'oi.:tite long term (wcr shoat lt'L"111 I}cuuI1i. picioct the resources and Cc.,rl,>w:v uithc pular [> owned shoreline reline r[rezL , .1i1d increase public rccrL•ati[tital opp..:rt.Lniii_s in shorcline areas. Far this reason 111 ' :ir1`L'l tlrncnts 1icar a substantial relaticwn (b: public health, safety, welflr'C, and prch._',:iioii f`t IIiL' Criviron n. nt. b. Conclusion(s): -Tic }proposed text amendment is consistent ~vitt, the d[111:L}".•Lil i:rii.'!-i;l t.clrlt,.i.1c l tri [It S\'N1C_ 2. Finding, and Conclusions Specific to Public Comments a. Findings: No pul'l(fate. b. Conclusioii(.M:: r:q1:: 3 of 4 Staff Report CTA -2015-0005 Public noticing has not leen initialed for CTA-2Ol5-OOD5 as of the date of this report. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b_ Conclusion(s): C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION Forward the proposed amendment to Citi Council with a recommendation to approve. FiNDiNGf:S AN13 1FfCOMMENDATIONS OF THE SPOKANE VAl.1.kY 1'l.ANNt.G COMMISSION FOR CTA -2915-0005 Sevilla 24, 2(115 These findings are consistent with the Planning Commission's decision to recommend approval. Background: 1. Spokane Valley development regulations were adopted in Sept•: iter .;QQ7 aNrl fie me effective on October 28, 2007. _ CTA -2015-4005 is a City-initin(.rJ C'i;c1t;'I'c .1 Arricrtr'.tnci"11 to t!pdate Spode: ii V4r11c.. t'lrrr, i„ .i. Code (SVMC) 17.80 Permit Processing Procedures, Table 17.80-1 — Porlrrit I ypc .tnc! Land Use Application; SVMC 17.90 Appeals; SVMC 18.20 Hearing F.N,mincr. Se':;.i+,Ir .1i:1.f ,r} Powers and duties SVMC Appendix A — Definitions, The changes are Lk,Sij:r1!1 to :i::).'!'.`r' we,nsisler,cy between the SVMC and the Shoreline. Master Program. The Planning Commission held a public hearing and conducted dcl:l,cr.rtrris :1n ~ E..:• -ember 10, 2015. Planning Commission voted 6-0 to I eL IIII]i ]1cl approval to City Council. PlannrnRz C'ornmission. Findings: 1. Curiaal+iLjaez' IVitb SV'\l%: 17.130.150E Approval Cr'iter'ia a. TIT.- I,; -:7I,4..::(1 i ir,; initiated code text am :nc.:nt Int is cor is'Icn1. wirli the applicable provisions of the Findi g(si: Cha0,r 5 :'atr,1. 1.irw ironment Elernc;nt of the Comprehensive Plan includes the goals and policies of the S}:r,r°c lir1._` \1 2r Program (Sv1P) u goal; and policies of the Comprehensive Plan, The p:-oposed amend T1, ni:;}11L tiL J ..tent .'chit the SMP trs the goals and policies of Elie SNI are irlclu~icel a,, goals and policies ,>f'the Plan. _I,..ie antentilllents arc therefore consistent with the Comprehensive Plan. '1 he amend:tu-ills are consistent with the following Comprehensive Plan po11cies: Land F. Policv'_I.t.1.: l i.aximizo efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Economic Policy E1:7P-7.1: 17valr.latc. monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP -7.2: Review development regulations periodically to ensure clarity, consistency and predictability. b. The proposed City -initiated amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Finding(s): The aniendn c ilk. ^rc c: nsi:;rc i1 with ill: iii, r i[11' Master Program whore the purpose is 1;7 prole cl the public: 4rtcre,1 in Lau shore1 11r:. the nati1:a1 character of the shoreline, 1.idvo2r1L OVer short protcc.t tilt: i'r:Soi.i:':.it 'Lentil eco[Ogy of the shoreline, lncrk'{t k. public .'_c'. ''_ ; to publicly owl Lc1 shorelinc areas. and i:!L'rk....;:st nu 11 recreational opportunities in snoreiinc arc;:s. For this reasoIi iimei11111... 1.ts peal' 111.1 [uItrt1rr In public health, safety, Welfare, and protection of the envirelninem. [-'incline rli:,• Pagel of 2. Conclusion(s): a) Tile Simi I nu. Aez 2.",..ct stipulates local rovf....prnis amend their master program for vcgulation of u.se, o I Ow shorelines o •.vith the requited elements of the guidelncs adopt! he 1 )ei iarment of Ecolo[.!y, 1)) The coals cow.; idered an element of the City's Comprehensive Plan. c) SpDkan iI•-,LIt)pc ILE-!t ore designed to implement the City's Comprehensive Map tlierelo.:e must be ycith 1:7'0 KIM d) The proposcd tx.t amendinout ,Nit it the City's Comprehensive Plan and the approval critclia contained iIL ' 1 7 O. :--,(1( 1), Reeouthiendations: "rho Spokane Val icy Commission th,23-efore recommends City Council adopt the prepOSed :':-VM1‘ 1 Permit i l' roG;::dureS, Table 1 7.SO-I Permit Type and Land Use S 7,90 Appeals; 1\•IC 1•;.:11.03 0 — Powers and Duties; SVMC Appendix A — Dcfinitions. Approved this 2411 day of September, 2015 7 Joe Sty, Chairman A-11ff Srl. - • - Dt-riimil Horton, Ass isinnt Findings awl 1-L•p_olinsicri_Lilio•ns attic Spokane Valley Planning Commission - CFA -2015-00S Page cit"2 Chairman Stoy called pledge of allegiance. Kevin Anderson Heather Graham Tim Kelley Mike Phillips Susan Scott Joe Stoy Sam Wood the Ms_ M inutes Spokane Valley Planning Commission Council Chambers — City Hall, August 27, 2015 meeting to order at 6;00 p.m. Commissioners, staff and audience stood for the Heath took roll and the following members and staff were present: Cary Driskell, City Attorney Marty Palaniuk, Planner Deanna Horton, Administrative Assistant Elisha Heath, Secretary of the Commission Commissioner Wood moved to approve the August 27, 2015 agenda. The vote on the motion wins seven in favor, zero against, the ,motion passes. Courrriissian 'r Wood moved to .accept the July 9, 2015 minutes as presented. The Cononissian approved minutes ii+ifii a vote on the motion cfseven irr favor., zero agairasf. COMMISSION REPORTS: Commissioner Kelley reported he attended the Traders Club Meetings. Commissioner Wood attended the Painted Hills Preservation Association meeting, as well as the Spokane Home Builders Association Government Affairs Meeting. The other Commissioners had no reports. ADMINISTRATIVE PORT; Planner Marty Palaniuk reported the Shoreline Master Program (SMP) has been approved by the Department of Ecology and will take effect September 4, 2015, October 1, 2015 the city of Rockford is holding a short course on local planning 6:00 p.rn. - 9:O0 p.rn, at the Rockford Council Chambers. PUBLIC COMMENT: There was no public comment. COMMISSION BUSINESS: Study Session CTA -2015-0005 Proposed Amendment to Spokane Valley Municipal Code (SVrs1C) Chapter 17.30 Permit Processing Procedures, Table 17,80-1 — Permit 'type and Land Use Application; SVMC Chapter 18.20 Hearing Examiner, Section 18.20.030 -- Powers and Duties; SVMC Appendix A, Definitions. Planner Marty Palaniuk gave a presentation to the Comrrrissiott outlining the proposed amendments to SVMC l7.80 Permit Processing Procedures, Table 17.80-1 Permit Type and Land Use Application; SVMC Chapter 18.20 Hearing Examiner, Section 18.20.030 Powers and Duties; SV1' 1C Appendix A, Definitions, These are amendments to the SVMC to provide consistency and reflect changes in the SMP. There is some code compliance housekeeping included in this amendment. Within Appendix A staff deleted the shoreline specific definitions from the development code, [f one of the definitions were to change stafiwould only need to update one document. Mr. Palaniuk listed the definitions that had been deleted. The proposed amendment will also modify Chapter 17.80, Table 17.80-], which is atable of all the permits the City processes, and clarifies what type of permit applies to each land use application. The SMF establishes the process for the following permits: a shoreline letter of exemption; a shoreline conditional use permit; a shoreline variance; and a substantial development permit, Additional language will be added to the end of this section to call out any procedures and processes within the SMP that may also apply to the permit. Within the table: • added a shoreline letter of exemption; + deleted shoreline permit exemption, a dock permit; • added a shoreline conditional use permit, a shoreline nonconforming use/structure review, and shoreline variance to the table in Type El permits. 08-27-I5 Planning Commission Minutes Paget oft in Section C if anything in the SMP applies to a specific permit as far as processing then that protocol will be followed One area would be under decision, when one of these permits is issued it is subject to Department of Ecology review. The amendment will also modify Chapter 17.90 Decision and Appeals which calls cut to whom the shoreline permits will be appealed. There are proposed changes to the code enforcement section. Commissioner Stoy asked if the Shoreline Hearing Board is the Hearing Examiner or if it is a different entity. Mr, Palaniuk replied that it is a different entity. The amendment calls out the specific permits that will be reviewed by the Shoreline Hearing Board, This amendment also modifies SVMC l 13.20.030 Powers and Duties of the Hearing Examiner_ Staff removed the conditional use permits from the SMP from matters that the Hearing Examiner will hear and add shoreline letter of exemption. Commissioner Kelley asked if the approval authority far a permit is determined by type; is this information from an old or new procedure. Mr, Palaniuk replied the approvals are the way it is right now and will remain the same. The addition of Shoreline Permits to Type [1 is the only change. Mt. Kelley asked if these permits will be approved by the Department. Mr. Palaniuk stated that is correct but any shoreline permit will req Hirt Department of Ecology review and they have the opportunity to return it to the City or approve it. Commissioner Wood inquired about the logic behind the Hearing Examiner no longer hearing shoreline conditional use permits and variances under the shoreline master program. , Originally the Hearing Examiner under the former SMP heard shoreline conditional use permits- It was decided that a public hearing was not required far that approval since it gees through the Department and then ' n to Department of Ecology, which has a public comment section. Mr. Driskell stated this was done to streamline the process, and not duplicate the process. Mr. Wood clarified the Hearing Examiner's decision on conditional use permits would not be binding because Department of Ecology could change that ruling, Mr. Wood asked for clarification of administrative approval and department approval. Mr. Palaniuk clarified that administrative approval would be done with the Senior Planner and Department approval would be done by the Department Director. Commissioner Graham asked about when the opportunity was for public comment period un shoreline conditional use permits. Mr. Palaniuk responded a notification is placed in the official newspaper. Commissioner Stoy asked why the Hearing Examiner would need to hear the appeal of a building permit. Mr. Driskell clarified citizens tieed to have the ability to appeal the determination or issuance of a building permit if they felt it was issued in error or they are opposed to the building, they need an avenue to challenge it. . They would appeal that to the Hearing Examiner and they could appeal the Hearing Examiner's decision to Superior Court. Commissioner Anderson asked if it was possible to recommend approval of the amendment tonight since it is housekeeping issue. Mr. Palaniuk clarified that it is a proposed amendment to the SVMC which requires a public hearing; it could not be moved forward then. The public hearing Inas been noticed for September 14, Mr. Driskel] further clarified the need to follow the stated process. Commissioner Wood asked if the condition.use permits outside the SMP will still be heard by the Hearing Examiner. Mr. Palaniuk stated this portion of the SVMC is not being changed. GOOD OF THE ORDER: Nothing presented. ADJOURNMENT: There being no other business the meeting was adjourned at 6:30 p.m. Elisha Heath, Secretary L . � k.0 r j bate signed 05-27-15 Planning Commission Minutes Pap 2 of Minutes Spokane Valley Planning Commission Connell Chambers — City Hall, September 10, 2015 Chairman Stoy called themeeting to order at 6:00 pan. Commissioners, staff and audience stood for the pledge of allegiance, Ms. Heath took roll and the following members and staff were present: Kevin Anderson Heather Graham, absent excused Tim Kelley Mike Phillips Susan Scott 1ve Stoy Sam Wood Erick Lamb City Attorney Lori Barlow, Senior Planner Marty Pa]aniuk, Planner Elisha Heath, Secretary of the Commission Hearing no objections, Commissioner Graham [Pas exced from the meeting, Comanissionc, moved to approve the September 10, 2015 agenda. The vote on the motion twos .sit in favor- the motion passes, Commissioner Anderson moved to accept the August 27, 2015 minutes as presented. The Co;::nri5.,ron approved minutes with a vote on the motion of six in favor, zero against. COMMISSION REPORTS: Commissioner Kelley reported he attended the Traders Club Meetings. Commissioner Wood attended the Spokane Horne Builders Association Government Affairs Meeting. The other Commissioners had no reports. ADMINISTRATIVE REPOUT: Senior Planner Lori Barlow reported the Shoreline Master Program (SMP) became effective September 3, 2015. Octcher 1, 2015 the city of Rockford is holding a short course on local planning 6:00 p.m. - 4:U0 p.m. at the Rockford. Council Chambers. PUBLIC COMMENT: Dan Paveli.clt, 4311 S. Madison Road: Mr, Pavelich stated his residence is adjacent to the former Painted Hills Golf Course and he is not a resident of Spokane Valley, rather Spokane County within the 400 foot buffer for the proposed development. He stated that he wanted to attend to become familiar with the Planning Commission members. Mr. Pavelich thanked Ms. Barlow, staff and others at the City for cooperation extended to his gr+aup when requesting a significant amount of information. He thanked the members of the Planning Com mission for their service to the City. COMMISSION BUSINESS: Public Hearing: CTA -2015.0005 Proposed Amendment to Spokane Valley Municipal Code (SVMC) Chapter 11.80 Permit Processing Procedures, Table 17.80-1 — Permit Type and Land Use Application; SVMC Chapter 1820 Hearing Examiner, Section 18.20.030 — Powers and Duties; SVMC Appendix A, Definitions. Chairman Stay opened the Public Hearing at 6:11 p.m. Planner Marty Palaniuk gave a presentation to the Commission outlining the proposed amendments to SVMC 17.80 Permit Processing Procedures, Table 17.30-1 Permit Type and Land Use Application; SVIviC Chapter 18.20 Hearing Examiner, Section 18.20.030 Powers and Duties; SVMC Appendix. A, Definitions. Amend the SVMC to provide consistency with the newly adopted 09-.10-L5 Planning Commission .gi.nui,:s Page 1 of "+ Shoreline Maser Program (SMP). There are also Some code compliance housekeeping items included in this amendment. Within Appendix A staff deleted the shoreline specific definitions from the development code. eerie of the definitions were to change staff would °illy need to update one document. Mr. Palaniuk listed the definitions that had been deleted, The proposed amendment will also modify Table 17.80-1, which is a table of all the permits the City processes, and clarifies what type of permit applies to each land use application. The SMP establishes the process for the following permits: a shoreline letter of exemption; a shoreline e+enditiunal use permit; a shoreline variance; and a substantial development permit. Additional language is proposed to be added to the end of Chapter 17.80 to call gat any procedures and processes within the SMP that may also apply to the permit. Within the table: + added a shoreline letter of exemption; • deleted shoreline permit exemption, a dock permit; ▪ added a Shoreline conditional use permit, a shoreline nonconforming use/structure review, and shoreline variance to the table in Type 11 permits. In Section C Mr. Palaniuk highlighted the additional language which clarifies if anything in the SMP applies to a specific permit as far as processing then that protocol will be followed. The amendment will also modify Chapter 17,90 Decision and Appeals authority which calls out that the shoreline permits will be appealed to the Shoreline Hearings Board. Commissioner Woad asked for clarification of the Shoreline Hearing Board. Ms. Barlow stated that the Shoreline Hearing Board is a state appointed board. Mr. Lamb further explained that the SMP is a state mandate with Strict guidelines to follow including using the Shireline Hearing Board as the appeal authority. It is composed of three permanent Shoreline Hearing Board employees, members of the Association of Counties, Association of Washington Cities and the Commissioner of Public Lands. Commission Wood asked if the Hearing Examiner was previously the appeal authority. Mr. Lamb explained that the Code previously identified the Shoreline Hearing Board; the proposed change is a change to shoreline perrnits in the SMP. Commissioner Wood asked if shoreline permit appeal decisions would be made regionally and riot locally. Ms. Barlow clarified that the appeals have always gone to the Shoreline I-iearings Board and will continue to do so. Powers and Duties of the Hearing Examiner previously included conditional use permits and variance permits. They will now be administratively reviewed by the Department followed by Department of Ecology. The addition of shoreline letter of exemption, appeal to the duties of the Hearing Examiner. Ma Palaniuk clarified that the Hearing Examiner will be hearing appeals of shoreline letters ofexemption, and not making the decision on shoreline letters of exemption. Chairman Stoy opened the floor to public comment, hearing none the Public Hearing was closed at 6:25 p.m. Commissioner Anderson moved to approve CTA-2015-0005 Amendment to Spokane Valley Municipal Code (SVhfC) Chapter 17.80 Permit Processing Procedures, Table 17.80-1— Permit Type and Land Use Application; SVMC Chapter 18.20 Hearing Exwrairaer, Section '&20.030 — Powers and Duties; SVMC Appendix A, Definitions, as presented. Motion seconded and opened for discussion. Commissioner Wood stated that he prefers for things done in the community to he approved by us and not the state. He asked for verification that the process was required by state law, and that it can't he changed. Mr. Lamb stated that is correct. Chairman Stoy reminded the Commission that the decision which is going to the state level is an appeal not the issuing of the permit. Ms. Barlow further expanded on who might file an appeal to a decision on a permit. Commissioner Anderson asked for clarification that the only change from Study Session to current presentation was the addition of the word appeals in SVMC 18.20 "Shoreline letter of exemption appeals". Mr. Palaniuk stated yes and he expanded that the additional text in the staff report was io provide more explanation. Chairman Stny called for the vole on the motion was six in favor, zero against, the motion passes_ Page 2 or3 09-10-15 Planning Commission Minutes LOUD OF TT{I ORDER: Nothing presented. ADJOURNMENT. There [lei ng CIO other business the meeting was adjoin -fled at 6:30 p.m., Jae Stay, C irpersoDate signed Elisha Heath, Secretary 09-I0-15 Planning Curnmission 1+finutas Page 3of3 APPROVED Minutes Spokane Valley Planning Commission Council Chambers — City Hall, September 24, 2015 Chairman Stoy called the meting to order at 6:DO p.m. Commissioners, staff and audience shod for the i i 11 e of allegiance. Ms. Heath took roll and the following members and staff were present: Kevin Anderson 1(entlier Graham i tin Kelley Mike Phillips Susan Scott Joe Stoy Sam. Wood Erik Lamb City Attorney Lori Barlow, Senior Planner Elisha Heath, Secretary of the Commission Commissioner Anderson moved to approve the amended September- 24, 2015 agenda as prese„t&d. The vote on the motion lives seven its favor, zero against, the motion pusses, Commissioner Anderson moved to accept the September 10, 2015 mbtrates as presented, The Cartrrrrissiort approved minutes with a vole on the motion of severs it/favor, sera against. COIIrINIISSION REPORTS: Commissioner Kelley reported he attended the Traders Club Meeting. The other Commissioners had no reports. ADMINISTRATIVE REPORT; Senior Planner Lori Barlow reported staff will update City Council on the Comprehensive Plan Update at the October b`s' City Council meeting. Deputy City Attorney Erik Lamb explained the amendment to the agenda removed the study session for CIA -20[5-0006 due to the Washington State Liquor and Cannabis Board released rules, including emergency rules, which need to be included in the study session. PUBLIC COMMENT: No public comments. COMMESSION BUSINESS: Planning Commission Findings: CTA -21115-O005 Proposed Amendments to Spokane Valley Municipal Code (SVMC) Chapter 17.84 Permit Processing Procedures, Table 17.50-1 — Permit Type and Land Use Application; 5Vi1RIC 18.20.034 - Hearing Examiner Powers and Duties; SVMC Appendix A, Definitions, Commissioner Anderson raroved to approve the findings of fact for CTA -2015-0005 Amendment to SMC Chapter 17„80, Table 17.80-! — Permit Type and Land Use Application; SVMC 18.24.030 — Hearing Examiner Powers and Duties; SVMC Appendix A, Defttrtiorts, as presented. The vote was sever? in fa-wor; zero against, the ?notion passes. GOOD OF THE ORDER: Commissioner Phillips inquired about the Comprehensive Plan being complete by the end of 4ecember 2015. Ms. Barlow replied that the Comprehensive Plan would likely not be completed by the cr_c of the year since the population allocation number has not been received from Spokane County, which is needed to move forward. Commissioner Anderson asked how many of the chapters in the Comprehensive Han are affected by the population allocation number. Ms, Barlow stated that the population allocation was critical for the Land Use Plan, the Capital Facilities Flan as well as Transportation Element. Staff is working on several of the chapters while waiting for the population allocation. C9-24-15 Planning Commission Miinutos Page 1 of 2 Commissioner Wood inquired about the reason for the delay on the papulation allocation number. Mr. Lamb explained the County established a number several years ago, however they were challenged because of how high the number was. Ultimately, the County ended up losing the challenge in appeals court which required them to redo tote process. Commissioner Wood asked if the City would establish the population allocation number independently. Mr, Lamb stated no, that the County is mandated to establish the number. ADJOURN NT: There being no other business the meeting was adjourned at 6:16 p.m. J Stoy, C airpersa7 .1,..44NOISS-eC24L Elisha Heath, Secretary in I.:7. 7 7! C Date signed 09-24-15 Planning Cormeiss'sn : Minutes Page 2 mf? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Item: Check all that apply: ❑ consent ❑ information Department Director Approval ❑ old business ® new business ❑ public hearing ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance No. 15-026 amending Spokane Valley Municipal Code Title 18 GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: None BACKGROUND: On December 9, 2014 the City Council approved Ordinance No. 14-020, adopting the Shoreline Master Program (SMP) in order to submit the document to the Department of Ecology for review and approval. The Department of Ecology approved the document on August 21, 2015 and it became effective September 3, 2015. The process for City Council to adopt the final SMP by Ordinance No. 15-024 is underway and should be completed by December 15th. The new SMP contains procedural changes and definitions that are not consistent with the current SVMC. CTA -2015-0005 corrects the inconsistencies with the following changes: 1. Identifies, establishes and revises permit types and processes for shoreline permits; 2. Clarifies the appeal authority for shoreline permits; 3. Addresses minor code compliance housekeeping items; 4. Removes Shoreline Conditional Use permits from the matters heard by the Hearing Examiner; and 5. Modifies or eliminates definitions in SVMC — Appendix A that are inconsistent with the SMP. Ordinance No. 15-026 accomplishes item 4 above. The Planning Commission held a public hearing on the amendments on September 10, 2015. Following public testimony and deliberation, the Planning Commission voted 7-0 to forward the amendments to City Council with a recommendation to approve. OPTIONS: Move to advance to a second reading with or without further amendments RECOMMENDED ACTION OR MOTION: Move to advance Ordinance No. 15-026 to a second reading. STAFF CONTACT: Martin Palaniuk, Planner ATTACHMENTS: As provided with Ordinance # 15-025 1 of 1 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-026 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 18.20.030 RELATING TO HEARING EXAMINER POWERS AND DUTIES, AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code (SVMC) Title 18, pursuant to Ordinance 07-015; and WHEREAS, on October 28, 2007, SVMC Title 18 became effective; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, on August 4, 2015, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60 -day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on August 21 and 28, 2015, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on August 27, 2015, the Planning Commission held a study session; and WHEREAS, on September 10, 2015, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations; and WHEREAS, on September 24, 2015, the Planning Commission approved the findings and recommendations; and WHEREAS, on December 1, 2015, City Council reviewed the proposed amendments; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC 18.20.030, as amended, bears a substantial relation to the public health, safety, welfare and protection of the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend Title 18 SVMC by removing shoreline conditional use permits and variances under the Shoreline Master Program from matters heard by the Hearing Examiner and adding shoreline letter of exemption appeals to matters heard by the Hearing Examiner Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: Ordinance 15-026 Page 1 of 4 DRAFT A. Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County -Wide Planning Policies, set forth below. Chapter 8 - Natural Environment Element of the Comprehensive Plan includes the goals and policies of the Shoreline Master Program (SMP) as goals and policies of the Comprehensive Plan. The proposed amendments are consistent with the SMP as the goals and policies of the SMP are included as goals and policies of the Comprehensive Plan. The amendments are therefore consistent with the Comprehensive Plan. The amendments are consistent with the following Comprehensive Plan policies: Land Use Policy LUP-13.1: Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Economic Policy EDP -7.1: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP -7.2: Review development regulations periodically to ensure clarity, consistency and predictability. The amendments are consistent with the SMP where the purpose is to protect the public interest in the shoreline, preserve the natural character of the shoreline, advocate long term over short term benefit, protect the resources and ecology of the shoreline, increase public access to publicly owned shoreline areas, and increase public recreational opportunities in shoreline areas. For this reason the amendments bear a substantial relation to public health, safety, welfare, and protection of the environment. C. Conclusions The Shoreline Management Act requires that local governments amend their master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the Department of Ecology. The goals and policies of the SMP are considered an element of the City's Comprehensive Plan. Spokane Valley development regulations are intended to implement the City's Comprehensive Plan and therefore must be consistent with the Plan. The proposed text amendment is consistent with the City's Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). The proposed City -initiated Code text amendments are consistent with the City's adopted Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). Section 3. Amendment. Spokane Valley Municipal Code section 18.20.030 is hereby amended as follows: Ordinance 15-026 Page 2 of 4 DRAFT 18.20.030 Powers and duties. A. The hearing examiner shall be under the administrative supervision of the city manager. B. The hearing examiner shall have the following powers and duties: 1. Annually provide a written report to the city manager, city council and director of the community development department that states the number and type of hearings conducted and decisions issued during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent observations and recommendations regarding land use policies and development regulations. 2. Upon request, meet with the city manager, city council or director of community development department to discuss the written report. 3. Receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decisions or recommendations. 4. As a part of the conduct of public hearings, the hearing examiner shall have the authority to: a. Conduct pre -hearing conferences; b. Require the submittal of information; c. Schedule and continue hearings; d. Rule on all evidentiary and procedural matters, including motions and objections appropriate to the proceedings; e. Receive evidence and cause preparation of the record; f. Regulate the course of hearings and the conduct of the parties and their agents; g. Maintain order during the hearing process; h. Render decisions and issue written findings and conclusions; i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner where specifically authorized by the UDC or state law. 5. The hearing examiner shall hear the following matters: a. Variances; b. Conditional use permits; c. Special use permits; d. Shoreline letter of exemption appealsConditional use permits and variances under the shoreline master program; Ordinance 15-026 Page 3 of 4 DRAFT e. Preliminary plats; f. Appeals from any administrative decision of the department of community development or the building official in the administration or enforcement of the Spokane Valley Uniform Development Code or other land use code or regulation; g. Appeals on State Environmental Policy Act (SEPA) determinations; h. Site-specific zone changes of property, including any environmental determination (under SEPA); i. Planned unit developments, including any environmental determination (under SEPA); and j. Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring that the decision of the hearing examiner can be appealed to the city council. 6. All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B. 7. Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90 Section 4 . Other sections unchanged. All other provisions of Title 18 SVMC not specifically referenced hereto shall remain in full force and effect. Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this day of December 2015. ATTEST: Mayor, Dean Grafos, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 15-026 Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Department Director Approval Item: Check all that apply: ❑ consent ❑ information ❑ old business ® new business ❑ public hearing ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance No. 15-027 amending Spokane Valley Municipal Code Appendix A. GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: None BACKGROUND: On December 9, 2014 the City Council approved Ordinance No. 14-020, adopting the Shoreline Master Program (SMP) in order to submit the document to the Department of Ecology for review and approval. The Department of Ecology approved the document on August 21, 2015 and it became effective September 3, 2015. The process for City Council to adopt the final SMP by Ordinance No. 15-024 is underway and should be completed by December 15th. The new SMP contains procedural changes and definitions that are not consistent with the current SVMC. CTA -2015-0005 corrects the inconsistencies with the following changes: 1. Identifies, establishes and revises permit types and processes for shoreline permits; 2. Clarifies the appeal authority for shoreline permits; 3. Addresses minor code compliance housekeeping items; 4. Removes Shoreline Conditional Use permits from the matters heard by the Hearing Examiner; and 5. Modifies or eliminates definitions in SVMC — Appendix A that are inconsistent with the SMP. Ordinance No. 15-027 accomplishes item 5 above. The Planning Commission held a public hearing on the amendments on September 10, 2015. Following public testimony and deliberation, the Planning Commission voted 7-0 to forward the amendments to City Council with a recommendation to approve. OPTIONS: Move to advance to a second reading with or without further amendments RECOMMENDED ACTION OR MOTION: Move to advance Ordinance No. 15-027 to a second reading. STAFF CONTACT: Martin Palaniuk, Planner ATTACHMENTS: 1. Ordinance No. 15-027 2. Appendix A — Complete list of definitions with changes 3. As provided with Ordinance #15-025 1 of 1 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-027 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE APPENDIX A RELATING TO DEFINITIONS SPECIFIC TO THE SHORELINE MASTER PROGRAM, AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code (SVMC) Appendix A, pursuant to Ordinance 07-015; and WHEREAS, on October 28, 2007, SVMC Appendix A became effective; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, on August 4, 2015, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60 -day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on August 21 and 28, 2015, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on August 27, 2015, the Planning Commission held a study session; and WHEREAS, on September 10, 2015, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations; and WHEREAS, on September 24, 2015, the Planning Commission approved the findings and recommendations; and WHEREAS, on December 1, 2015, City Council reviewed the proposed amendments; and WHEREAS, the amendment set forth below is consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC Appendix A, as amended, bears a substantial relation to the public health, safety, welfare and protection of the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend SVMC Appendix A, by removing definitions from Appendix A that are contained in the adopted Shoreline Master Program (SMP). Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: Ordinance 15-027 Page 1 of 3 DRAFT A. Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County -Wide Planning Policies, set forth below. Chapter 8 - Natural Environment Element of the Comprehensive Plan includes the goals and policies of the Shoreline Master Program (SMP) as goals and policies of the Comprehensive Plan. The proposed amendments are consistent with the SMP as the goals and policies of the SMP are included as goals and policies of the Comprehensive Plan. The amendments are therefore consistent with the Comprehensive Plan. The amendments are consistent with the following Comprehensive Plan policies: Land Use Policy LUP-13.1: Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Economic Policy EDP -7.1: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP -7.2: Review development regulations periodically to ensure clarity, consistency and predictability. The amendments are consistent with the Shoreline Master Program where the purpose is to protect the public interest in the shoreline, preserve the natural character of the shoreline, advocate long term over short term benefit, protect the resources and ecology of the shoreline, increase public access to publicly owned shoreline areas, and increase public recreational opportunities in shoreline areas. For this reason the amendments bear a substantial relation to public health, safety, welfare, and protection of the environment. C. Conclusions The Shoreline Management Act requires that local governments amend their master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the Department of Ecology. The goals and policies of the SMP are considered an element of the City's Comprehensive Plan. Spokane Valley development regulations are intended to implement the City's Comprehensive Plan and therefore must be consistent with the Plan. The proposed text amendment is consistent with the City's Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). The proposed City -initiated Code text amendments are consistent with the City's adopted Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). Section 3. Amendment. SVMC Appendix -A is hereby amended as follows: Attachment 1 contains the full list of definition changes. Section 4 . Other sections unchanged. All other provisions of Appendix A not specifically referenced hereto shall remain in full force and effect. Ordinance 15-027 Page 2 of 3 DRAFT Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this day of December 2015. ATTEST: Dean Grafos, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 15-027 Page 3 of 3 Attachment 1 APPENDIX A DEFINITIONS A. General Provisions. 1. For the purpose of this code, certain words and terms are herein defined. The word "shall" is always mandatory. The word "may" is permissive, subject to the judgment of the person administering the code. 2. Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary. 3. The present tense includes the future, and the future the present. 4. The singular number includes the plural and the plural the singular. 5. Use of male designations shall also include female. B. Definitions. AASHTO: American Association of State Highway and Transportation Officials. Abandoned: Knowing relinquishment by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Accessory: A building, area, part of a building, structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. Accessory dwelling unit: A freestanding detached structure or an attached part of a structure that is subordinate and incidental to the principal dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. ADA: Americans with Disabilities Act. Adequate public facilities: Facilities which have the capacity to serve development without decreasing levels of service below locally established minima. Attachment 1 Administrative exception: A minor deviation from standards pursuant to Chapter 19.140 SVMC. Adult entertainment: Includes the following: • Adult arcade device: Sometimes also known as "panoram," "preview," or "picture arcade." • Adult arcade or peep show: Any device which, for payment of a fee, membership fee, or other charge, is used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting. All such devices are denominated under this chapter by the term "adult arcade device." The term "adult arcade device" as used in this code does not include other games which employ pictures, views, or video displays, or gambling devices which do not exhibit or display adult entertainment. • Adult arcade establishment: A commercial premises to which a member of the public is invited or admitted and where adult arcade stations, booths, or devices are used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting to a member of the public on a regular basis or as a substantial part of the premises activity. • Adult arcade station or booth: An enclosure where a patron, member, or customer would ordinarily be positioned while using an adult arcade device or viewing a live adult entertainment performance, exhibition, or dance in a booth. "Adult arcade station" or "booth" refers to the area in which an adult arcade device is located and from which the graphic picture, view, film, videotape, digital display of specified sexual activity, or live adult entertainment is to be viewed. These terms do not mean such an enclosure that is a private office used by an owner, manager, or person employed on the premises for attending the tasks of his or her employment, if the enclosure is not held out to any member of the public for use, for hire, or for a fee for the purpose of viewing the entertainment provided by the arcade device or live adult entertainment, and not open to any person other than employees. • Adult entertainment establishment: Collectively refers to adult arcade establishments and live adult entertainment establishments licensed pursuant to Chapter 5.10 SVMC. • Applicant: An individual or entity seeking an adult entertainment establishment license. • Applicant control person: All partners, corporate officers and directors and other individuals in the applicant's business organization who hold a significant interest in the adult entertainment business, based on responsibility for management of the adult entertainment establishment. Attachment 1 • Employee: Any person, including a manager, entertainer or an independent contractor, who works in or at or renders services directly related to the operation of an adult entertainment establishment. • Entertainer: Any person who provides live adult entertainment within an adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment. • Licensing administrator: The director of the community development department of the City of Spokane Valley and his/her designee and is the person designated to administer this code. • Liquor: All beverages defined in RCW 66.04.010(25). • Live adult entertainment: 1. An exhibition, performance or dance conducted in a commercial premises for a member of the public where the exhibition, performance, or dance involves a person who is nude or seminude. Adult entertainment shall include, but is not limited to, performances commonly known as "strip teases"; 2. An exhibition, performance or dance conducted in a commercial premises where the exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following "specified sexual activities": a. Human genitals in a state of sexual stimulation or arousal; b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or 3. An exhibition, performance or dance that is intended to sexually stimulate a member of the public. This includes, but is not limited to, such an exhibition, performance, or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at that time, whether conducted or viewed in an arcade booth or otherwise, with separate consideration paid, either directly or indirectly, for the performance, exhibition or dance and that is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. • Live adult entertainment establishment: A commercial premises to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment, in a setting which does not include Attachment 1 arcade booths or devices, to a member of the public on a regular basis or as a substantial part of the premises activity. • Manager: Any person who manages, directs, administers or is in charge of the affairs or conduct, or the affairs and conduct, or of a portion of the affairs or conduct occurring at an adult entertainment establishment. • Member of the public: A customer, patron, club member, or person, other than an employee, who is invited or admitted to an adult entertainment establishment. • Nude or seminude: A state of complete or partial undress in such costume, attire or clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. • "Open to the public room so that the area inside is fully and completely visible to the manager": Premises where there is no door, curtain, partition, or other device extending from the top of the door frame of an arcade booth or station, with the exception of a door which is completely transparent and constructed of safety glass as specified in the International Building Code, so that the activity and occupant inside the enclosure are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located at the main entrance way to the public room. • Operator: Any person operating, conducting or maintaining an adult entertainment establishment. • Person: Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized. • Premises: The land, structures, places, equipment and appurtenances connected or used in any business, and any personal property or fixtures used in connection with any adult entertainment establishment. • Sexual conduct: Acts of: 1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or 2. A penetration of the vagina or anus, however slight, by an object; or 3. A contact between persons involving the sex organs of one person and the mouth or anus of another; or Attachment 1 4. Masturbation, manual or instrumental, of oneself or of one person by another; or 5. Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of oneself or of one person by another. • Specified sexual activities: Refers to the following: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. • Transfer of ownership or control: Of an adult entertainment establishment means any of the following: 1. The sale, lease or sublease of the business; 2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; 3. The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business; or 4. Transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Adult entertainment establishment: Collectively refers to adult arcade establishments and live adult entertainment establishments, as defined herein. Adult retail use establishment: A retail use establishment which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, or transferring of adult-oriented merchandise. The retail use establishment may permit patrons to view the adult-oriented merchandise for possible purchase or rental, but such on -premises viewing shall not be in exchange for money or any other form of consideration. Affordable housing: Where the term "affordable" is used, it refers to the federal definition of affordability stating that annual housing costs shall not exceed one-third of a family's annual income. When establishing affordability standards for moderate- to extremely low-income families and individuals, the median household Attachment 1 income is the amount calculated and published by the United States Department of Housing and Urban Development each year for Spokane County. Agricultural: Relating to the science or art of cultivating soil or producing crops to be used or consumed directly or indirectly by man or livestock, or raising of livestock. Agricultural processing: The series of operations taken to change agricultural products into food and consumer products. Uses include creameries. Aircraft manufacture: The manufacture or assembly of complete aircraft, aircraft prototypes, aircraft conversion, overhaul and rebuilding. Airport: An area of land or water that is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. Airport hazard: Any structure or object of natural growth located in the vicinity of the airport which obstructs the airspace required for the flight of aircraft or airport operations. Airport land use compatibility zone: Aircraft accident zones established by WSDOT, Division of Aviation and adopted by ordinance wherein certain land uses are restricted in order to protect the airport from encroachment from incompatible land uses. Airport obstruction: Any structure or object of natural growth or use of land which would exceed the federal obstruction standards established in 14 CFR Sections 77.21, 77.23, 77.25 and 77.28, or which obstructs the airspace required for flight of aircraft in landing or takeoff, or is otherwise hazardous to airport operations. Airstrip, private: An aircraft landing strip under private ownership which may provide specialty flying services without regular routes using general purpose aircraft. Alley: A public right-of-way which provides access only to the rear and/or side of properties abutting and having access to a public road. Altered/alteration: Any change, addition or modification in construction or any change of occupancy from one use to another or from one division of a trade to another. Ambulance service: A facility used for the housing and dispatch of emergency medical personnel and paramedics using ground transportation. Attachment 1 Amendment: A change in the wording, context, or substance of this code, or a change in the zone boundaries. Animal clinic/veterinary: A facility dedicated to the care of animals, which may include grooming services and short-term boarding. Animal, large: Domesticated animals including, but not limited to, horses, donkeys, burros, llamas, bovines, goats, sheep, and other animals or livestock of similar size and type. Young of horses, mules, donkeys, burros, llamas, and alpaca, under one year in age, bovines, under 10 months in age, and sheep and goats under three months in age shall not be included when computing intensity of large animals. Animal, small: Domesticated animals or fowl other than a household pet, or large animals including, but not limited to, chickens, guinea hens, geese, ducks, turkeys, pigeons, emus, ostriches (struthious), kangaroos, rabbits, mink, chinchilla, and other animals or fowl of similar size and type. Young small animals or fowl under three months of age shall not be included when computing intensity of small animals or fowl. Young or miniature large animals are not included in this definition and are considered large animals. Animal processing: Includes stockyards, meat packing and the rendering of meat byproducts, including the manufacture of tallow, gelatin and glue. Animal raising or keeping: The keeping of large and small domesticated animals other than household pets. Animal, wildlife rehabilitation or scientific research facility: A building, structure, pen or portion(s) thereof or an area of land where animals are housed, kept or maintained for the purpose of wildlife rehabilitation; or for the purpose of investigation, aimed at the discovery and interpretation of facts or the collecting of information about a particular subject. Antique store: A retail establishment offering for sale glass, china, objets d'art, furniture or similar furnishings and decorations which have value and significance as a result of age and design. AO: Is characterized as sheet flow and AH indicates ponding and includes a base flood elevation. Apparel/tailor shop: A service providing for the alteration and repair of clothing. Appeal: A request for a review of the interpretation of any provision of this code or a request for a variance. Appliance manufacture: The manufacture, assembly and storage of household appliances. Attachment 1 Appliance sales/service: The sale, servicing and repair of home appliances including radios, televisions, washers, refrigerators and ranges. Aquifer: The underground layer of rock and sand that contains usable quantities of water. Area of shallow flooding: A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) and which has the following characteristics: 1. The base flood depths range from one to three feet; 2. A clearly defined channel does not exist; 3. The path of flooding is unpredictable and indeterminate; and 4. Velocity flow may be evident. Area of special flood hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Art gallery/studio: The work areas of graphic artists, painters, sculptors, weavers, quilters and other artists with display and sales areas. Arterial/road map: The official maps adopted as part of the Comprehensive Plan. As -graded: The extent of surface conditions on completion of grading. Asphalt plant/manufacturing: The manufacture of carbon -based paving and saturated materials compounds. Assembly, heavy: The assemblage of materials and/or metals for commercial and industrial uses. Assembly, light: The assemblage of metals and/or materials into products, including electronic assembly. Assisted living facility: A residential facility that provides routine protective oversight or assistance for independent living to mentally and physically limited persons in a residential setting. Services include, but are not limited to, transportation, food service, pharmacy and limited nursing services. An assisted living center may be included as a part of a nursing home or convalescent center complex. Attached: Structurally dependent, sharing a common or party wall for not less than 50 percent of the length of the principal structure(s). A breezeway is not a common wall. Attachment 1 Auction house: A building where sale items are stored or displayed where persons are permitted to attend sales and offer bids on such items. Auction yard: An open area where sale items are stored or displayed for not more than seven consecutive days within any given 30 -day period and where persons are permitted to attend sales and offer bids on such items. Auction yard, livestock: Facilities designed for the sale of livestock at auction, including barns, holding pens, and loading facilities. Automobile assembly plant: A manufacturing facility for new cars and trucks. Automobile impound yard: A secure area used for the temporary impoundment of motor vehicles by law enforcement. Automobile/taxi rental: Facilities including parking, for vehicles available for rent or lease. Facilities for fueling, servicing and minor repair may be accessory to the rental use. Automobile/truck sales and service: An area located on private property used for the display and sale of more than two new or used passenger automobiles or light trucks, including sports utility vehicles, or any truck with a gross vehicle weight (GVW) of less than one ton, including service. Automobile/truck/RV/motorcycle painting, repair, body and fender works: A facility providing for the repair and painting of a wide variety of motor vehicles, not including engine overhaul. Automotive parts, accessories and tires: A retail establishment engaged in the sale of new or refurbished automotive parts and accessories, including installation of tires, automotive accessories and the minor repair of passenger cars and light trucks. Available public facilities: Facilities or services are in place or a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of development. Awning: A roof -like cover that projects from the wall of a building for the purpose of identity, decoration or shielding a doorway or window from the elements. Attachment 1 Bakery products manufacturing: A facility preparing baked goods for regional distribution with accessory retail sales. Bakery, retail: A retail business offering baked goods including pies, doughnuts, cakes and breads for sale to the public. Bankfull depth: The average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hill slope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section. Bankfull width: • For streams — the measurement of the lateral extent of the water surface elevation perpendicular to the channel at bankfull depth. In cases where multiple channels exist, bankfull width is the sum of the individual channel widths along the cross-section. • For lakes, ponds, and impoundments — line of mean high water. • For periodically inundated areas of associated wetlands — the line of periodic inundation, which will be found by examining the edge of inundation to ascertain where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland. Banks, savings and loan and other financial institutions: Offices and service facilities for banks, savings and loans, credit unions or other financial institutions, including drive-through windows. Barber/beauty shop: A facility offering haircuts, manicures and similar personal services. Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100 -year flood." Designation on maps always includes the letters A or V. Basement: The portion of a building at least four feet below grade for more than 50 percent of the perimeter but not more than eight feet below grade at any point of the structure. Battery rebuilding/manufacture: A facility that specializes in retail, wholesale, OEM/manufacturing, custom battery rebuilding, and battery assembly for consumer and industrial use. Attachment 1 Bed and breakfast: A single-family dwelling which provides accommodations for one or more paying guests on a reservation basis. Bedrock: The more or less solid rock in place on or beneath the surface of the earth. It may be soft, medium, or hard and have a smooth or irregular surface. Beehive: A structure designed to contain one colony of honey bees (apis mellifera) and registered with the Washington State Department of Agriculture per Chapter 15.60 RCW or as hereafter amended. Beekeeping, commercial: An activity where more than 25 beehives are kept on a lot. Beekeeping, hobby: The keeping of 25 or fewer beehives on a lot. Bench: As referred to in grading, a relatively level step excavated into earth material on which fill is to be placed. Berm: A narrow ledge or shelf of land generally consisting of earth material that may be natural or artificial. Best management practices (BMP): Currently available, feasible and generally accepted techniques or practices that mitigate the adverse impact from the uncontrolled stormwater on the environment, surrounding properties and infrastructure. Bicycle: A vehicle having two tandem wheels propelled solely by human power, upon which any persons or person may ride. Bicycle lane: That portion of a paved roadway striped for use by bicycles. Bicycle path: A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way. Bicycle route: A segment of a system of bikeways designated with appropriate directional and informational markers with or without specific bicycle route number. Bicycle sales and service: A retail establishment offering for sale to the public nonmotorized vehicles, including bicycles, skateboards, roller blades, unicycles or similar equipment, and providing repairs. Attachment 1 Bikeway: Any road, path, or way, which in some manner is specifically designated and which may legally be used by bicycles regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. Binding site plan: A division of land approved administratively by the department of community development, which legally obligates a person making a proposal to conditions, standards or requirements specified by this code. Block: A parcel of land surrounded by public streets, highways, railroad rights-of-way, public walks, parks, or green strips, rural land, drainage channels, or a combination thereof. Boat building: The construction, refurbishing and repair of recreational boats. Book/stationery store: A retail establishment offering books, magazines, greeting cards, and similar items to the public. Border easement: A dedicated easement on private property adjacent to public street right(s)-of-way established for the purposes of utility, drainage facilities, pedestrian access or other public purpose. Borrow: As referred to in grading, earth material acquired from either an on- or off-site location for use in grading on a site. Bottling plant: An industrial facility which provides for the packaging and distribution of liquid products, including the mixing of liquid components. Boundary line adjustment: A land use action adjusting lot lines. Boundary line elimination: A land use action aggregating two or more lots or parcels of land. Bowling alley: Indoor entertainment including rental and sale of bowling equipment, as well as restaurant services. Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Brewery, micro: An establishment brewing specialized beers for localized distribution, as well as local restaurant services. Attachment 1 Brewery, winery or distillery: A facility engaged in the production of beer, wine or spirits for regional distribution, including fermentation, distillation and bottling. Broom manufacturing: The manufacture of brooms, brushes and mops. Building height: The vertical distance from the average finished grade to the average height of the highest roof surface. t7' i aD' 1 1 Ex skirg _ ' Grade _ =- 1 4 o nt of ',:1e@screment ElevatiOR Building official: The authority charged with the administration and enforcement of the adopted building codes pursuant to SVMC 18.40.010. Building setback line: A line established as the minimum distance a structure may be located from any property line or border easement. Building supply and home improvement: An establishment selling hardware, lumber, sheetrock, plumbing supplies, flooring, lighting fixtures, landscaping supplies, nursery stock, and appliances at retail and wholesale. Bulkheads: Retaining wall structures erected to stabilize land at the water's edge and prevent erosion. Revetments are the same as bulkheads. Butcher shop/meat market: The retail sales of specialty meat and fish products, not otherwise classified as a grocery store. See "Food sales, specialty/butcher shop/meat market." Caliper: The diameter of a deciduous tree measured at four and one-half feet above grade. Camping units: A structure, shelter or vehicle designed and intended for temporary occupancy by persons engaged in camping or use of a camping unit for recreation. Camping units include, but are not limited to, recreational vehicles, recreational park trailers and campers, camping cabins, tents, tepees, yurts and other similar shelters. Candy and confectionery: The preparation and specialty retail sale of candy and confectionery, not otherwise classified as a grocery store. Attachment 1 Carnival or circus: Temporary entertainment facilities providing rides, exhibits, games, musical productions, food and drink, and items for sale as part of a private commercial venture. Carpenter shop: An establishment producing finished wooden products from raw materials. Carpet and rug cleaning plants: A plant engaged in the cleaning and repair of carpets and textiles utilizing solvents and volatile organic compounds. Does not include cleaning services provided on client premises. Car wash: Facilities for the washing of passenger cars and light trucks as either a principal use or accessory to fueling stations, convenience stores or similar permitted uses. Car wash, automated: A car wash using robotic tracks or systems to wash the exterior of passenger cars and light trucks. Casino: A gaming establishment licensed pursuant to Chapter 9.46 RCW, including restaurant services. Catalogue and mail-order houses: Merchandise warehouse and distribution center, including showroom. Category: A land use classification established pursuant to the Spokane Valley Comprehensive Plan. Catering services: Food preparation intended for delivery to location(s) different from that where the preparation takes place. Cemetery: Land or facilities used or planned for use for the preparation for the disposition of human or animal remains including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. Ceramics shop: A retail store which provides the supplies and equipment for molding, firing, glazing and enameling ceramic goods. Certificate of occupancy: An official certificate issued by the building official that indicates conformance with building requirements and zoning regulations and authorizes legal use of the premises for which it is issued. Certificate of title: A letter, report, opinion, statement, policy, or certificate prepared and executed by a title describing all encumbrances of record which affect the property, together with all recorded deeds, including any part of the property included in the plat. Attachment 1 Chemical manufacture: Establishments primarily engaged in manufacturing chemicals using basic processes, such as thermal cracking and distillation. Chemicals manufactured in this industry group are usually separate chemical elements or separate chemically defined compounds, not including aluminum oxide manufacturing, primary metal manufacturing, ceramics, and beverage distilleries which are defined separately. Church, temple, mosque, synagogue, house of worship: An establishment, the principal purpose of which is religious worship and for which the main building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, a common kitchen, a library room or reading room, columbaria, recreation hall and on-site living quarters for members of religious orders and caretakers. City: The City of Spokane Valley, Washington. City council: The governing body of the City. City property: Real property owned by the City which may include easements, dedications and rights-of-way. City standards: In reference to stormwater standards, the "Spokane County Guidelines for Stormwater Management" and other standards developed or recognized by the director that relate to best management practices, threshold requirements for a site drainage plan, exemptions, permitting processes forms and such other matters for the administration of stormwater control. Clothes, retail sales: A retail store offering clothing, footwear and accessories for sale to the general public. Club: An association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Clustered housing: Residential lots or building sites which reduce minimum yard requirements within a tract but provide compensating open space. Code: Spokane Valley Uniform Development Code. Cold storage/food locker: A commercial building designed to prevent spoilage of food and to store food for retail food stores or persons buying in large quantities. Attachment 1 College or university: A public or private institution offering instruction in liberal arts, or a professional, vocational, or technical field beyond the twelfth grade. Collocation: Locating wireless communication equipment from more than one provider on one structure on one site. Commercial zones: Those zones permitting commercial uses including the business zones, office zones, Corridor Mixed Use, Mixed Use Center, and City Center. Commission: The Spokane Valley planning commission. Communication equipment manufacture: The manufacture, assembly and storage of communications equipment. Communication service/sales: Establishments providing for the sale and service of communications equipment including, but not limited to, telephones, satellite dishes, and radio equipment. Community facilities: The facilities of local government, other public agencies or nonprofit organizations including, but not limited to, police stations, fire stations, government offices, court rooms, water/wastewater storage and treatment facilities, electric and other utility distribution/collection lines, electric substations, transmission lines, except transit stations, churches, and schools. Community hall: A building and related grounds used for social, civic, or recreational purposes and owned and operated by a nonprofit group serving the area in which it is located and open to the general public. Community residential facility: A dwelling licensed, certified or authorized by state authorities as a residence for children or adults with physical or developmental disabilities in need of supervision, support or assistance. Community transit center: A bus transfer area or facility providing passenger access to routes and adjacent activities. Compaction: The densification of a fill by mechanical means. Composting storage/processing, commercial: A facility storing or composting organic material for commercial purposes. Comprehensive Plan: The Comprehensive Plan adopted by Spokane Valley, Washington, pursuant to Chapter 36.70 RCW. Attachment 1 Computer manufacture and assembly: See "Electrical/electronic/computer component/system manufacturing and assembly." Computer services: Facilities used for the design and testing of computer systems and component parts, including software design and computer support services. Concurrency: Adequate public facilities required when the service demands of development occur. Conditional use: A use authorized subject to conditions and performance standards established by the hearing examiner. Contractor's yard: An area and/or building used to store, maintain and repair equipment, trucks and motor vehicles, construction supplies, building equipment and raw materials for an individual or for a contractor engaged in building or other construction businesses including, but not limited to, plumbing, electrical, structural, finish, demolition, transportation, masonry, excavating or other construction work. Convalescent home/nursing home: A residential facility licensed by the state or county to provide long-term special care and supervision to convalescents, invalids, and/or aged persons, but where no persons are kept who suffer from mental sickness or disease or physical disorder or ailment which is normally treated within sanitariums or hospitals. Special care in such a facility includes, but is not limited to, nursing, feeding, recreation, boarding and other personal services. Convenience store: A retail store of less than 10,000 square feet in size engaged in the sale of personal or household merchandise, packaged foods and beverages, which may include fueling stations as an accessory use where permitted. Cosmetic manufacture/distribution: The manufacture, storage and distribution of cosmetics, perfumes, and toiletries. Critical areas: Any of the following areas and ecosystems: wetlands, areas with a critical recharge effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. Critical facility: A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. Attachment 1 Critical material: A substance present in sufficient quantity that its accidental or intentional release would result in the impairment of one or more beneficial uses of soil, air and ground and surface water pursuant to Chapter 21.40 SVMC. Court: An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard or other permanent space. Cumulative substantial damage: Flood -related damages sustained by a structure on two separate occasions during a 10 -year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Day(s): A calendar day, unless otherwise specified, computed by excluding the first day and including the last day pursuant to RCW 1.12.040. When an act to be done requires a City business day, and the last day by which the act may be done is not a City business day, then the last day to act is the following business day. Day care, adult: A licensed or accredited facility that provides counseling, recreation, food, or any or all of these services to elderly or handicapped persons for a period of less than 24 hours a day. Day care, child: A licensed or accredited facility which regularly provides care for a group of children for periods of less than 24 hours and includes pre -kindergarten, nursery schools, Montessori schools, mothers' day out and after school programs. Deciduous: Plant materials which shed leaves during the fall and winter season. Density, gross: The total number of residential dwelling units per gross acre. Density, net: The number of dwelling units per acre of land, including parcels for common open space and associated recreational facilities within the area, stormwater drainage facilities and tax exempt open spaces, after deducting the area for roads, parks, churches and schools, public/private capital facilities, dedicated public lands, and any other nonresidential use. Department, community development: The City of Spokane Valley department of community development. Department, public works: The City of Spokane Valley public works department. Attachment 1 Department/variety store: A store offering a variety of goods to the public at retail including, but not limited to, clothing, housewares, linens, small appliances, sporting goods, and footwear. Detention and post -detention facilities: See "Essential public facility." Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Director: Director of community development, unless otherwise stated specifically in the code. Director of community development: The individual or designee, appointed by the city manager, responsible for the interpretation and enforcement of all or part of the provisions of the Spokane Valley Uniform Development Code. District: The area to which certain zoning regulations apply. Dormitory: See "Dwelling, congregate." Double plumbing: Plumbing installation required for properties for which conversion from on-site to public wastewater collection is necessary. Dredging: The removal of sediment, earth, or gravel from the bottom of a body of water, either for the deepening of navigational channels, to mine the sediment materials, to restore water bodies or for flood control. Driveway: Any area, improvement or facility between the roadway of a public or private street and private property, which provides ingress/egress for vehicles from the roadway to a lot(s) or parcel(s). Drug store: A pharmacy authorized to dispense prescription drugs prescribed by licensed professionals. Dry cleaners: A retail business providing dry cleaning and laundry services to the public. Dry cleaning, laundry, linen supply plant, commercial: An industrial facility providing laundry, dry cleaning, linen supply, and uniforms on a regional basis. Dry kiln: An industrial process for curing timber. Dry line sewer: A sewer line, constructed at the time of property development, which is not put into service until the public sewer system is extended to the development. Attachment 1 Dwelling: A building or portion thereof designed exclusively for residential purposes. Dwelling, accessory apartment: A freestanding detached structure or an attached part of a structure that is subordinate and incidental to the main or primary dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, including permanent provisions for living, sleeping, cooking, and sanitation. Dwelling, caretaker's residence: A dwelling unit provided for the purpose of on-site supervision and security that is occupied by a bona fide employee of the property owner. Dwelling, congregate: A residential facility under joint occupancy and single management arranged or used for lodging of unrelated individuals, with or without meals, including boarding or rooming houses, dormitories, fraternities and sororities, convents and monasteries, and convalescent care facilities. Dwelling, duplex: An attached building designed exclusively for occupancy by two families, with separate entrances and individual facilities for cooking, sleeping, and sanitation, but sharing a common or party wall. Dwelling, multifamily: A building designed for occupancy by three or more families, with separate entrances and individual facilities for cooking, sleeping, and sanitation. Dwelling, single-family: A building, manufactured or modular home or portion thereof, designed exclusively for single-family residential purposes, with a separate entrance and facilities for cooking, sleeping, and sanitation. Dwelling, townhouse: A single-family dwelling unit constructed in groups of three or more attached units in which each unit extends from foundation to roof, open on at least two sides. Dwelling unit: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with an individual entrance, cooking, sleeping and sanitary facilities for the exclusive use of one family maintaining a household. Earth material: Any rock, natural soil or fill or any combination thereof. Easement: A right to use the land of others. The right may be from the common law or may be acquired, usually by purchase or condemnation and occasionally by prescription or inverse condemnation. The right is not exclusive, but subject to rights of others in the same land, the lesser right being subservient to a prior right which is dominant. Attachment 1 Ecological function, no net loss of: The aggregate impact of an improvement, disturbance or encroachment of a shoreline which does not result in an overall lose of ecological function. Any shoreline degradation lc, concurrently offset by an enhancement of ecological function on the same site or on property within 1,000 feet of the site which equals or exceeds the scope and ecological value (or function) of the degraded resource. Ecological functions or shoreline functions: The work performed or role played by the physical, chemical, constitute the shoreline's natural ecosystem. See WAC 173 26 200(2)(d). Ecologist, qualified: A person who has obtained an undergraduate and/or graduate degree in one of the environmental sciences such as but not limited to biology, zoology, botany, wildlife management or bioengineering from an accredited college or university and has a minimum of two years of field experience evaluating the impacts of human encroachments on riparian fish and wildlife habitats and on riparian vegetation species. Electrical/electronic/computer component/system manufacturing and assembly: The manufacture, assembly of light fixtures, computers or computer components including, but not limited to, relays, chips, routers, semiconductors and optical processing equipment. Elevated building: For insurance purposes, a non -basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Elevation certificate: The official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by community officials. Engineering geology: The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. Entertainment/recreation, commercial (indoor): A facility offering indoor entertainment such as a bowling alley, video arcade, dance hall, skating rink or billiard parlor. Also includes indoor archery, pistol or gun range. Entertainment/recreation, commercial (outdoor): A facility offering outdoor entertainment or games of skill to the general public for a fee or charge such as a golf driving range, archery range, or miniature golf course. Equipment rental shop: A business establishment offering equipment for rental. Attachment 1 Equipment sales, repair and maintenance: A business establishment offering equipment for sale, including repair and maintenance. Erosion: The disturbance of land or transportation of soil or other native materials by running water, wind, ice or other geological agents. Espresso/latte retail sales: An establishment with or without drive-through service offering coffee, tea and other nonalcoholic beverages for sale to the public, with only limited sale of food items incidental to the beverage service for take-out or consumption on the premises. Essential public facility: Facilities which are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling, inpatient facilities including substance abuse, mental health, and secure community transition facilities. • Detention and post -detention facilities: Congregate residential facilities for the housing, training and supervision of individuals under judicial detention including, but not limited to, prisons, jails, probation centers, juvenile detention homes, halfway houses and related post -incarceration facilities. • Hospital, psychiatric and/or substance abuse: A licensed facility providing inpatient residential rehabilitation and supervision and outpatient care for individuals suffering from substance abuse, psychological or emotional disease or defect. • Secure community transition facility (SCTF): A licensed secure and supervised residential facility for convicted sex offenders. Excavation: The mechanical removal of earth material. Exercise facility/gym/athletic club: A facility providing physical fitness equipment and facilities, including weight rooms, running tracks, swimming pools, play courts and similar facilities, as well as counseling in exercise and nutrition. Existing manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. Attachment 1 Expansion to an existing manufactured home park or subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Explosive manufacturing: The manufacture and storage of substances causing a sudden release of pressure, gas and heat when subjected to sudden shock, pressure or high temperature including, but not limited to, dynamite, gun powder, plastic explosives, detonators, or fireworks. Explosive storage: Storage of explosive materials including, but not limited to, dynamite, gun powder, plastic explosives, detonators, or fireworks. FAA: Federal Aviation Administration. Family: An individual or two or more persons related by blood, marriage, or adoption, or a group of not more than five persons, excluding dependents, who are not related by blood, marriage or adoption, living together as a single housekeeping unit. Family home, adult: A licensed residential home in which a person or persons provide personal care, special care, room, and board to two, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. Family home, child: A licensed child care facility providing regular care for not more than 12 children in the family living quarters. Farm machinery sales and repair: A specialized retail facility catering exclusively to the sale and repair of farm machinery including tractors, farm implements, combines, loaders, applicators, and their accessories. FCC: Federal Communications Commission. Feed lot: A confined area or structure used for feeding, breeding or holding livestock for eventual sale or slaughter, including barns, pens or other structures. Feed/cereal/flour mill: A structure or building used to store or grind grain for animal or human consumption. Attachment 1 Fence: A wall or a barrier composed of stone, brick or posts connected by lumber, rails, panels, or wire for the purpose of enclosing space, marking boundaries, serving as an obstruction or barrier or separating parcels of land. Fertilizer manufacture: The manufacture and storage of organic and chemical fertilizer, including manure and sludge processing. Fill: A deposit of earth material placed by artificial means. Film/camera sales and service: The retail sale of photographic equipment and supplies, and the repair of cameras, lenses, tripods, optical and related photographic accessories. Film developing: The commercial processing of photographic film, including x-rays. Fire lane: An access designed to accommodate emergency access to a parcel of land or its improvements. Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. Flood Insurance Rate Map or FIRM: The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City. Flood Insurance Study (FIS): The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. Floodplain, 100 -year: An area determined by the Federal Emergency Management Agency (FEMA) or by Spokane County to have a one percent chance of flooding in any given year. Flood storage area: Floodplain areas designated on the FIRM where the storage and infiltration of floodwater has been taken into account in reducing flood discharges. Storage areas may include floodwater conveyance or floodway characteristics. Attachment 1 Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Florist shop: A retail sales of floral arrangements and accessories. Food product manufacturing/storage: The commercial production or preservation of food products from agricultural products, and/or the packaging, repackaging or other preparation of food for wholesale distribution including, but not limited to, starch manufacture, sugar refining, pickling, tobacco and vegetable oil manufacture. See also "Meat/fish cutting, canning, curing and smoking." Food sales, specialty/butcher shop/meat market: The retail sales of specialty meat and fish products, not otherwise classified as a grocery store. Food vendor, mobile: An itinerant vendor of beverages, processed foodstuff and produce. Forest land: Land identified as of long-term significance for growing trees for commercial purposes (WAC 365- 190-030(7)). Fraternity/sorority: An organization formed chiefly for social purposes which may function as a place for living and eating, especially for college students. See also "Dwelling, congregate." Freight forwarding: Land and facilities providing for the transport, storage and shipment of goods. Frontage: The full length of a plot of land or a building measured alongside the road onto which the plot or building fronts. In the case of contiguous buildings, individual frontages are usually measured to the middle of any party wall. Interior lots which front on two streets are double frontage lots. Fueling station: An establishment engaged in the retail sale of gasoline and automotive fuels and lubricants. Funeral home: A facility licensed by the state engaged in preparing human remains for burial or cremation. Services may include, but are not limited to, embalming, transport, memorial services, and the sale of caskets. Furniture manufacture: The manufacture of furniture and cabinetry for regional distribution. Furniture sales/repair: Retail sales of household furniture and repairs not including re -upholstery. Attachment 1 Garage, public: A building or portion thereof, other than a private garage, used for the care, parking, repair, or storage of automobiles, boats, and/or recreational vehicles or where such vehicles are kept for remuneration or hire. Garment manufacture: The manufacture of apparel, including leather goods, for wholesale distribution. Gift shop: Retail sales of miscellaneous gift items, including floral arrangements, stationery, statuary, ornaments and decorations. Golf course: Outdoor course of nine or more holes, including driving range, cart rentals, pro -shop and restaurant services. Grade: The vertical location of the ground surface. • Existing grade is the grade prior to grading. • Finish grade is the final grade of the site that conforms to the approved plan. • Rough grade is the state at which the grade approximately conforms to the approved plan. • The average elevation of the finished ground level at the center of all exterior walls of a building. In case of any wall which is parallel to and within five feet of a lot line, elevation at the lot line adjacent to the center of the wall shall be considered the finished ground level. Grading: Any excavating or filling or combination thereof. Grain elevator: A facility for the storage of grain. See also "Feed/cereal/flour mill." Greenhouse/nursery, commercial: An establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building for sale on a retail or wholesale basis. Greenhouse, nursery, garden center, retail: An establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building for sale on a retail basis. Grocery store: A retail establishment offering a wide variety of comestibles, beverages and household supplies for sale. Attachment 1 Group living: Living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents characterized by shared facilities for eating, hygiene and/or recreation. Excludes detention and post - detention facilities. See also "Dwelling, congregate." Halfway house: See "Essential public facility." Hardware store: An establishment engaged in the retail sale and/or rental of hardware and small tools. Hazardous waste: All dangerous or hazardous waste materials, including substances composed of, or contaminated by, radioactive and hazardous components as defined in RCW 70.105.010(11). Hazardous waste storage: The holding of hazardous waste for a temporary period, as regulated by Chapter 173-303 WAC. Hazardous waste treatment: The physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. Hearing examiner: The individual designated by the city council to conduct public hearings and render decisions on amendments, special permits, conditional uses, appeals and other matters as set forth in Chapter 18.20 SVMC. Helicopter: A rotorcraft that, for its horizontal motion, depends principally on its engine -driven rotors. Heliport: A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft. Helistop: A landing pad for occasional and infrequent use by rotary wing aircraft. No on-site servicing or fueling, and not for regularly scheduled stops. High occupancy vehicle (HOV): A motorized vehicle carrying two or more passengers. Hobby shop: A retail establishment offering games, crafts and craft supplies, and art supplies to the public. Home furnishings, retail sales: A retail establishment offering decorating services and materials. Home occupation: An occupation, profession or craft incidental to the residential use. Attachment 1 Horse boarding: A barn, stable, or other structure where owners or users of the property commercially bathe, train, house and/or feed more than three horses or other riding animals, any of which are not owned by the users or owners of the property for more than 24 consecutive hours. Hospital: An institution licensed by the state offering in- and outpatient medical services, but not including facilities treating exclusively psychiatric, substance or alcohol abuse. Hospital, psychiatric and/or substance abuse: See "Essential public facility." Hospital, specialty: A facility providing specialized in- and/or outpatient medical care, including hospices, birthing centers, urgent and trauma care, but not including facilities treating psychiatric, substance or alcohol abuse. Hotel/motel: A building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite. Household pet: Any animal or bird, other than livestock, large or small animals and animals or birds considered to be predatory or wild, which normally lives in or is kept in a residence. Ice plant: A facility manufacturing and distributing ice. Incinerator: A vessel, device, apparatus, or structure designed to burn solid waste under controlled, nuisance - free conditions, and at a relatively high temperature, for the purpose of reducing the combustible components to a nonputrescible residue capable of ready disposal. Industrial zoning districts: Those zones permitting various industrial and manufacturing uses. See also "Zone, zoning district." Infiltration: The infiltration of floodwater into the ground which may be taken into account in reducing flood discharges. Ink manufacture: A facility manufacturing printing ink, and inking supplies. Jewelry, clock, musical instrument, assembly, sales/service: Retail sale, assembly, service and repair of clocks, musical instruments and jewelry. Attachment 1 Kennel: An establishment or place, other than an animal or veterinary hospital or clinic or animal shelter, where six or more dogs or six or more cats, or any combination thereof, over six months of age are housed, groomed, bred, boarded, trained or sold commercially or as pets. Key: A designated compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. Laboratories (Bio Safety Level 2, OSHA Standards): A facility in which work is done with the broad spectrum of indigenous moderate -risk agents present in the community and associated with human disease of varying severity. Laboratories (Bio Safety Level 3, OSHA Standards): A facility in which work is done with indigenous or exotic agents where the potential for infection by aerosols is real and the disease may have serious or lethal consequences. Laboratories, Scientific (Bio Safety Level 4, OSHA Standards): A facility in which work is done with dangerous and exotic agents which pose a high individual risk of life-threatening disease. Landfill: A licensed facility for the sanitary disposal of solid waste. Landfill, shoreline: The placement of soil, excavated material or spoil within the shoreline jurisdiction. Landscape materials sales lot: The retail sale of organic and inorganic materials including, but not limited to, soil and soil amendment, bark, sod, gravel, pea gravel, hardscape products, crushed rock, river rock and landscape boulders primarily used for landscaping and site preparation purposes. The exclusive sale of horticultural or floricultural stock that is permitted in a commercial greenhouse or nursery -wholesale shall not be considered landscape materials. Laundromat: A self-service facility providing machines for the washing and drying of clothes and personal items. Library: An establishment for the sole purpose of loaning and circulating books or providing a reading room and reference service to the public whether conducted by a public or private agency or whether the service is with or without direct cost to the user. Liquor store: The retail sale of off -premises distilled spirits, beer and wine. Attachment 1 Livestock: Animals including, but not limited to, horses, cattle, llamas, sheep, goats, swine, reindeer, donkeys and mules. Loading zone: An off-street space or designated area or loading dock located on the same lot or site as the buildings or use served, which provides for the temporary parking of a commercial vehicle while loading or unloading merchandise, materials, or passengers. Locksmith: The sale, service and repair of locks and other security devices. Lot: An undivided tract or parcel of land having frontage on a public street and designated as a distinct tract. • Lot aggregation: The consolidation of one or more lots into a single parcel through the elimination of lot lines. • Lot area: The area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot. • Lot, corner: A building lot situated at the intersection of two public streets. • Lot coverage: The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot. • Lot depth: The mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective midpoints of the front lot line and rear lot line within the lot boundary. • Lot, double frontage: An interior lot with frontage on more than one street. • Lot, flag: A lot of irregular shape with reduced frontage on a public or private street with dimensions which are otherwise adequate at the building line. • Lot, interior: A lot within a subdivision that is not located at the intersection of any adjacent public or private street. • Lot line: A boundary of a building lot. • Lot line, front: The boundary of a building lot that is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line. Attachment 1 • Lot line, rear: A boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line. • Lot line, side: A boundary of a lot which is not a front lot line or a rear lot line. • Lot of record: An area of land designated as a residential lot on the plat or subdivision recorded or registered, pursuant to statute, with the auditor for Spokane County. • Lot, radial: Lots adjacent to curved streets or circular cul-de-sacs with side lot lines running roughly perpendicular to the street right-of-way. • Lot, reverse flag: A lot of irregular shape with reduced access to a rear alley, amenity or natural feature. • Lot segregation: The re-establishment of lot lines within parcels aggregated for tax purposes. • Lot width: The width of a lot at the front building line. Measurements on irregularly shaped lots to be taken in a straight line from a point where the front building line crosses the side property lines. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood - resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is equipped with adequate flood -ventilation openings specified in SVMC 21.30.090(C)(1)(b). Lumber mill, sawmill, shingle mill, plywood mill: The manufacture of wood products, including cutting, planning, preservation and veneering, match manufacture and millwork. Machine/machinery manufacturing: The fabrication of machines and machinery. Machine shop: See "Metal fabrication." Manufactured home fabrication: The construction and assembly of manufactured housing units. Manufactured home sales: A sales lot for manufactured housing units with display models. Manufactured home subdivision: A subdivision designed exclusively for manufactured housing. Manufactured (mobile) home: A pre -assembled dwelling unit transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to Attachment 1 the required utilities certified by the Washington State Department of Labor and Industries. The term "manufactured home" does not include a "recreational vehicle." Manufactured (mobile) home park: A site having as its principal use the rental of space for occupancy by two or more manufactured (mobile) homes, and the accessory buildings, structures, and uses customarily incidental to such homes. Manufacturing, nonmetallic metal products: The manufacture of clay, earthenware, brick, vitreous, cement and concrete, including readi-mix, concrete block, lime, gypsum, stone and stone product. Manufacturing, petroleum and coal products: The manufacture of asphalt paving, roofing and coating and petroleum refining. Market, outdoor: A temporary or seasonal location where produce and agricultural products including, but not limited to, pumpkins, Christmas trees and firewood, as well as crafts and other items are offered for sale to the public. Massage therapy: An establishment providing the therapeutic massage services of a licensed massage therapist. Meat/fish cutting, canning, curing and smoking: The processing and packaging of meat and fish for wholesale distribution; does not include the slaughter of animals. Meat packing: The slaughter of live animals and the inspection and processing of animal carcasses. See "Animal processing." Medical and laboratory instrument/apparatus manufacture: The manufacture of medical and dental equipment, supplies, and instruments. Medical/dental clinic: A facility where three or more medical or dental professionals or paraprofessionals, including physicians, dentists, endodontists, physical therapists, dental hygienists, physician assistants, or osteopaths, provide outpatient services on a regular basis. Medical/dental office: A facility housing less than three medical or dental professionals or paraprofessionals. Medical, dental and hospital equipment supplies and sales: The sale of medical/dental equipment and supplies including, but not limited to, uniforms, prosthetics, pharmacy, optics, and corrective appliances. Attachment 1 Metal fabrication: The fabrication of metal products including chain and cable manufacture, sheet metal fabrication, machining, welding and punching. Metal plating: The electroplating, galvanizing and dip plating of various kinds of metal. Metal processes, hot: Metal processes including blast furnace, coke oven, die casting, drop hammer or forge, metal reduction, reclamation, and refining. Mineral product manufacturing, nonmetallic: The manufacture of brick, cement, gypsum, lime, plaster of paris, tile, stoneware, earthenware and terra cotta. Mineral resource lands: Lands primarily devoted to the extraction of minerals with potential for long-term commercial significance (WAC 365-190-030(13)). Mining: Mineral extraction, not including oil and gas. Mobile food vendors: Itinerant vendors of prepared foods and beverages. Model home: The temporary use of one or more single-family residential units for the marketing and promotion of residential subdivisions. Multiple building complex: A group of structures, or a single structure, with dividing walls and separate entrances for each business, housing retail businesses, offices, commercial ventures or independent or separate parts of a business which share the same lot, access and/or parking facilities. Museum: A premises housing the display of antiquities or artifacts of historical or artistic significance. Music store: The retail sale of recorded music, musical instruments, sheet music and similar items. MUTCD: The U.S. Department of Transportation Manual on Uniform Traffic Control Devices. NAICS: North American Industry Classification System. Neighborhood: A geographic area or subarea bounded by distinct physical boundaries, such as major or minor arterials, geologic formations, broad open spaces and similar features, centered around common interests or facilities. New construction: Structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this appendix. Attachment 1 New manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. Nonconforming: A lot, use, building, or structure, which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations pursuant to SVMC 19.20.060. Nonconforming use, shoreline: A use located within thc shoreline jurisdiction which docs not conform to thc requirements of the Shoreline Management Act (Chapter 90.58 RCW). Nursing home: See "Convalescent home/nursing home." Occupancy: The type of construction required based on the use of the structure as established by adopted building codes. Office: A business office maintained as a principal use including, but not limited to, insurance, sales, legal or other professional office, but does not include medical or dental clinics. See also "Medical/dental clinic." Office supply and computer sales: The retail sale of office supplies and office equipment, including computers, copiers and communication equipment. Off-road recreational vehicle use: The operation of any gas -powered motorized vehicle including, but not limited to, motorcycles and/or all -terrain vehicles, on private property for recreational purposes. This definition does not include vehicles used for yard or garden work in residential areas. Off-street parking: The amount of vehicular parking to be provided on private property for a specified use. Open space: An area accessible to and permanently reserved for the common use and enjoyment of the occupants of residential uses for landscaping, leisure and recreational purposes. Open space does not include area devoted to parking, accessory uses, landscaping required pursuant to this code, drainage easements, border easements or building separation required under adopted building codes. Opponent of record: A person who has provided verbal or written testimony in opposition to a proposal/project before or during the public testimony portion of a hearing, or filled out and submitted a party of record notice indicating opposition prior to the close of the public hearing. Attachment 1 Orchard, tree farming, commercial: A planting of trees producing fruit and/or nuts and the cultivation of trees for the purpose of sale. the ordinary high water mark cannot bc found, the ordinary high watcr mark adjoining frcshwatcr shall bc the line of mean high water. Overlay zone: A zoning designation that supplements the provisions of the underlying zone within a specified geographic area. Owner(s): Any person, partnership, corporation, association, unincorporated organization, trust or any other legal commercial entity having sufficient proprietary interest to authorize development of land. Owner's agent: Any person authorized to act on behalf of the owner of real property. Paper product manufacturing: The manufacture of paper products. Paper/pulp mills: Manufacturing plants producing paper and paper pulp from timber. Park-and-ride facility: A parking area or structure used for the temporary storage of motor vehicles for individuals using public transit or car/van pools. Park, public: A site designated or developed for recreational use by the public including, but not limited to, indoor facilities such as museums, swimming pools and skating rinks, and outdoor facilities such as athletic fields, community gardens, playgrounds, fishing areas, and areas and trails for hikers, equestrians, bicyclists, or off-road recreational vehicle users. Accessory uses include concessions, maintenance facilities, caretakers' dwellings, and parking facilities. Parking area, satellite: A parking area more than 300 feet away from the establishment, building, structure, or use which it is designed to serve. Parking facility: A parking area, building, or structure used for the specific purpose of parking or storage of motor vehicles. Attachment 1 Parking facility, controlled access: A parking garage or surface lot controlling patron access using attendants or ticket dispensers. Party of record: A person who has provided verbal or written testimony in or regarding a public hearing on a land use action. Paved surface: A paved surface shall consist of asphalt, Portland cement, concrete or equivalent material laid to City specifications. Pawn shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the owner or proprietor. Also includes the retail sales of used items. Performance surety: A financial guarantee that infrastructure required for a project will be constructed and certified according to the accepted plans and specifications and all applicable standards. Permitted use: An allowable activity or use within a zoning district. Person: A corporation, company, association, society, firm, partnership or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof. Person or party having standing: Any party of record. Personal services: Services including, but not limited to, barber shops/beauty salons, nail salons, tanning salons, specialty boutiques, day spas and similar services. Pet shop: The retail sale of household pets and pet supplies and equipment. Petroleum and coal products manufacture: The manufacture of petroleum and coal products including lubricating oil and oil compounding. Photographic studio: A retail establishment that provides portrait and other photographic services. Pipeline: Gravity or pressurized pipelines for the long-distance transmission of water, petroleum products, natural gas, and other commodities such as ores in the form of slurries. Planned residential development (PRD): A residential development project meeting the requirements of Chapter 19.50 SVMC characterized by flexibility in the regulations of a residential zoning district. Attachment 1 Planning agency: The Spokane Valley community development department, together with its planning commission. Planning commission: See "Commission." Plastic and rubber product manufacture: A chemical manufacturing process utilizing resin and synthetic compounds for plastics and rubber. Plastic molding (thermoplastic): A process of converting pelletized plastic into molds using heat, without the use of solvents or volatile organic compounds (VOC). Thermoplastic resins can be melted, formed and resolidified. Thermoplastic processes include injection molding, blow molding, injection blow molding, rotational molding, roto -molding, and extrusion molding. Does not include solvent molding. Plastic molding (thermoset): An injection molding process which uses heat, industrial processes and solvents to create plastic forms which cannot be reformed. Thermoset processes include bag molding, cold molding, jet molding, pulp molding, transfer molding and compression molding. Plastic solvent molding: Also known as dip molding, forms thermoplastic articles by dipping a male mold and drawing off the solvent to leave a plastic film adhering to the mold. Pollution generating impervious surface (PGIS): Surfaces that are subject to vehicular use, industrial activities, or storage of erodible or leachable materials that receive direct rainfall, or run-on or blow-in rainfall. Metal roofs are PGIS unless coated with an inert, nonleachable material. Roofs that are subject to venting of commercial or industrial pollutants are also considered PGIS. A surface, whether paved or not, shall be considered PGIS if it is regularly used by motor vehicles. The following are considered regularly used surfaces: roads, graveled and/or paved road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular storage yards, and airport runways. Post office, postal center: A facility owned or operated under contract with the U.S. Postal Service for the delivery of mail and packages. Precision instrument runway: An existing or planned runway with instrument approach utilizing an instrument landing system (ILS), or precision approach radar (PAR) as prescribed by the Federal Aviation Administration. Principal dwelling unit: The principal structure on a lot that is the main residence to which the property is devoted. Attachment 1 Principal structure: The principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Principal use: The predominant use to which the lot or property is or may be devoted and to which all other uses are accessory. Print shop: Retail print services, including blueprinting, photostat copies, copier and other business support services. Printing, reprographics and bookbinding: Commercial printing including engraving, manifold form printing and book binding. Professional civil engineering geologist: A geologist experienced and knowledgeable in engineering geology and licensed by the state of Washington to practice. Professional engineer: A civil engineer licensed in Washington under Chapter 18.43 RCW who is qualified by examination and/or experience to practice in the fields of civil, geotechnical and/or soils engineering. Professional inspection: The observation and testing to determine conformance with project plans and specifications required by this code performed by a professional civil engineer and/or professional civil engineering geologist. Such inspection includes that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work. Prohibited use: A use not specifically enumerated as a permitted use, accessory use, a conditional use, a temporary use, or a legal nonconforming use. Project permit: Any land use or environmental permit or license required for development or construction including, but not limited to, building permits, short plats, subdivisions, binding site plans, planned unit developments, conditional uses, variances, shoreline permits, site plan review, permits or approvals required by Chapter 21.40 SVMC, Critical Areas, site-specific zone reclassifications, manufactured home parks, and change of condition request. Proper functioning condition (PFC): A methodology for assessing the physical functioning of riparian and wetland areas, which describes both the assessment process and a defined on -the -ground condition of a riparian or wetland area. Attachment 1 Public utility: A regulated public or private enterprise with an exclusive franchise for providing a public service paid for directly by the recipient of that service. Public utility local distribution facility: Any building, structure, or device which transfers directly to the public the service or supply provided by a public utility, including telephone, electric, gas, cable television, water and sewer, and all other facilities, equipment and structures necessary for conducting a local distribution service by a government or public utility. Public utility transmission facility: Any building, structure, or device which does not directly transfer to the public the service or supply provided by a public utility, including telephone, electric (greater than 55 KV), gas, cable television, water and sewer, and all other facilities, equipment, and structures, including substations, switching stations, and reservoirs. Racecourse: An outdoor track or course laid out for competition, testing, practice or use by motorized vehicles including, but not limited to, automobiles, go-carts, all -terrain vehicles, mopeds, scooters, snowmobiles, motorcycles, remote-controlled cars and airplanes. See also "Entertainment/recreation, commercial (outdoor)." Racetrack: A state -licensed facility permitting competitive racing of vehicles, horses and dogs. Radio/TV broadcasting studio: Facilities serving the broadcast media. Railroad yard, repair shop and roundhouse: Facilities serving railroad operations. Record: The official file, exhibits, maps and slides including the tape recorded proceedings or transcription thereof. Record of survey: A survey prepared and sealed by a registered Washington surveyor identifying the boundaries of land and real property, and the location or placement of other improvements. Recreational facility, indoor: A place designed and equipped for the conduct of sports and leisure -time activities within an enclosed space. Examples include gymnasiums, amusement arcades, health and fitness clubs, indoor tennis and racquetball courts, bowling alleys, and indoor swimming pools. This definition excludes indoor sports arenas, auditoriums, and exhibition halls. Recreational vehicle (RV): A vehicular -type built on a single chassis designed as temporary living quarters for recreational, camping, or travel use, with or without motor power including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. Attachment 1 Recreational vehicle park/campground: An area where facilities are provided for recreational or camping vehicles or travel trailers, tents or other portable habitation, utilized by the public as a place for camping, vacationing, or temporary usage, which are in place for not more than 30 days. The park may include certain recreational or service facilities for the use of the residents of the park. Recreational vehicle sales and service: An area for the display, sales and service of recreational vehicles. Recycling facility: A facility that accepts recyclable materials and may perform some processing activities. The principal function is to separate and store materials that are ready for shipment to end-use markets, such as paper mills, aluminum smelters or plastic manufacturing plants. Processing activities may include baling, compacting, flattening, grinding, crushing, mechanical sorting, or cleaning. Repeater facility: A facility for the noncommercial reception and retransmission of radio signals. Restaurant, drive-in: An establishment designed and constructed to serve food and beverages for consumption on the premises, in an automobile or for carry -out for off -premises consumption and which establishment may or may not have on -premises dining room or counter. Restaurant, drive-through: An establishment serving food to the general public with designated dining areas and allowing carry -out window(s) serving a single lane of automobiles for the purpose of serving food to go where food consumption is not allowed in automobiles on the premises. Restaurant, full service: An establishment serving food and beverages to the general public in specific designated dining areas. Retail sales: An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retaining wall: Any wall not an integral part of a building, used to resist the lateral displacement of earth material. Riding stable: A commercial enterprise renting horses and providing equestrian instruction. Right-of-way: The land area provided by dedication for public use for streets, utilities, walks, and other uses, also providing access to adjoining properties. Attachment 1 Riparian management zone (RMZ): A fish and wildlife conservation buffer established pursuant to Chapter 21.40 SVMC. Roadway: The paved or improved portion of a street/road, designed or ordinarily used for vehicular travel including shoulders, auxiliary lanes, curbs, sidewalks, etc. Rolling mill: Primary metal manufacturing including the rolling and drawing of purchased metals. Roof: A structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure. Runway: Any existing or planned paved surface or turf -covered area of an airport which is specifically designed and used, or planned to be used, for the landing and/or taking off of aircraft. Schools: Public and private institutions of learning offering instruction from kindergarten to grade 12 required by the Education Code of the State of Washington. Schools, professional, vocational and trade schools: Post -secondary professional and training education. Secondhand store/consignment sales: The sale and resale of used merchandise including thrift shops and consignment shops. Secure residential treatment facility: See "Essential public facility." SEPA: The Washington State Environmental Policy Act of 1971, and administrative codes developed pursuant thereto or any amendments thereto. Shared access: A common point of vehicle and pedestrian access from a right-of-way, or a vehicular access easement or tract for more than one lot or use. Shorelands or shoreland areas: Those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high-water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes (RCW 98.58.030(2)(d)). Shoreline environment: The classification of shorelines based on the existing use pattern, the biological and physical character of the shoreline, consistent with WAC 173 26 211(1) and (5). Attachment 1 Shoreline master program: Locally adopted plans and regulations governing uses and activities within the shorelines of the state and shorelines of statewide significance identified in the Spokane Valley Comprehensive Plan. Shoreline of statewide significance: A natural river or segment thereof east of the crest of the Cascade range downstream of a point where the mean annual flow is measured at 200 cubic feet per second or more and lakes or impoundments of 1,000 or more acres (RCW 98.58.030(2)(f)). Shoreline of the state: All of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except: 1. Shorelines of statewide significance; 2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and 3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. (RCW 98.58.030(2)(e).) Shorelines of statewide significance are shorelines of the state. Shoreline protection: Structural and nonstructural methods to control flooding or address erosion impacts to property and dwellings or othcr structures caused by natural proccsccs, such as currcnt, flood, wind, or wave action. Shoreline restoration: The revegetation of a shoreline site cleared of vegetation and not covered by structures or occupied by other improvements following completion of a project. Shoreline substantial development: Any development of which the total cost or fair market value exceed the shoreline of the state. Sign: A visual communication device, structure, or fixture which is visible from any right-of-way and is intended to aid in promoting the sale of products, goods, services, events or to identify a building using graphics, letters, figures, symbols, trademarks or written copies. Sign types include: • Abandoned structure: A sign support structure upon which a sign is located when the advertised business is no longer conducted on the premises. Attachment 1 • Banner: A temporary sign of lightweight material mounted to a pole or building. • Mural: A work of art applied directly to an exterior surface where forms and/or figures are the dominant elements and not containing any copy. • Name plate: A sign showing only the name and address of the owner or occupant of the premises. • Reader board: A sign face consisting of tracks to hold readily changeable letters allowing frequent changes of copy. • Sign: Any board, poster, placard, banner, flag, pennant, streamer, or similar structure, electronic or otherwise which is constructed, placed, attached, painted or fastened in any manner for the purpose of attracting attention of the public to any place, person, entity, or business. • Sign, abandoned: A copy sign that advertises a product or service no longer available or a business no longer in operation; a sign which is illegible, in disrepair, or a safety hazard as a result of lack of maintenance; or a nonconforming sign that has lost its nonconforming rights. • Sign area: The gross surface area of the sign. • Sign, billboard: A structure for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises on which the structure is located. • Sign, copy: Letters, characters, illustrations, logos, graphics, symbols, writing or any combination thereof designed to communicate information of any kind, or to advertise, announce or identify a person, entity, business, business product, or to advertise the sale, rental or lease of premises. • Sign, copy area: The area of the sign containing any copy, symbol, sign, logo or graphic. • Sign, decorative emblem (or standard): A one- or two-sided sign with or without copy that is securely attached by grommets to the top and bottom of a mounting bracket attached to a permanently installed lighting fixture. • Sign, directional: Any sign relating solely to internal pedestrian and vehicular traffic circulation within a complex or project. • Sign, electronic: A sign that can be changed by electrical, electronic or computerized process; inclusive of video boards. Attachment 1 • Sign, flashing: An electrical sign or portion thereof which changes light intensity in a brief, brilliant, or sudden and transient outburst of light causing a steady on and off, glittering, sparkling, or oscillating pattern. • Sign, freestanding: A permanent sign not attached to or forming part of a building. • Sign, freeway: A permanent freestanding on -premises sign or billboard located on a parcel adjacent and contiguous to Interstate Highway 90. • Sign, inflatable: Any temporary hollow item or character expanded or enlarged by the use of air or gas. • Sign, menu board: An on-site display of menu items at a restaurant; not meant to be viewed from the street. • Sign, monument: A sign and supporting structure constructed as a solid structure or one that gives the appearance of a continuous, non -hollow, unbroken mass. • Sign, multi -business complex: A sign with a primary facility name and a list of the individual stores or businesses mounted on one structural element. Such a sign type includes signage describing a mall arrangement, a strip -center development, an industrial park complex, or a multi -business structure or complex of buildings with a unifying name and a listing of businesses contained within the grouping. • Sign, nonconforming: Any sign which was lawfully erected and maintained on private property which now, as a result of code amendments, does not conform to all applicable regulations and restrictions of this code. • Sign, notice: A sign intended to safeguard the premises (e.g., "No Parking," "No Trespassing," "Watch Dog on Duty"); or which identifies emergency telephone number, hours, and security information. • Sign, official: A sign erected by a governmental agency within its territorial jurisdiction for the purpose of carrying out an official duty or responsibility and including, but not limited to, traffic signs and signals, zoning signs, and street signs. Special lighting or banners celebrating seasonal or civic events sponsored and/or endorsed by the city council may be official signs. • Sign, off -premises: A sign which advertises or directs attention to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. Attachment 1 • Sign, on -premises: A sign which advertises or directs attention to a business, person, organization, activity, event, place, service, or product which is manufactured and/or available on the premises where the sign is located. • Sign, permanent: Signs permanently affixed to a pole, monument, or building. Including decorative emblems (or standards) affixed by rope, cords, wires, or mechanical devices. • Sign, pole: A permanent freestanding sign supported wholly by a pole or poles permanently affixed to the ground and not attached to a building or structure. • Sign, POP — Point of purchase: A sign relating to the place, such as a supermarket aisle or soda machine, where a decision to purchase is made. • Sign, portable: A sign not permanently attached or affixed to the ground or other permanent structure, or a sign designed to be transported or moved from place to place including, but not limited to, signs designed to be transported by means of skids, or wheels, and including reader boards, and A -frame signs. • Sign, roof: A sign supported by and erected on or above a roof that does not meet the requirements of a wall sign. • Sign, support structure(s): Posts or columns and the anchors and bolts that structurally support the sign attached to it. • Sign, temporary: Banners, pennants, flags, streamers, searchlights, inflatables, special event signage or temporary on -premises commercial signs posted in conjunction with the alteration, construction, sale or lease of real property. • Sign, three -sided: A sign with three faces. • Sign, two-sided: A sign with two faces. • Sign, wall (attached): A permanent sign attached or erected parallel to and extending not more than 15 inches from the facade or face of any building to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. Signs incorporated into mansard roofs, marquees or canopies are wall signs. Attachment 1 • Wall area: The two-dimensional representation of a building elevation, including windows and doors, excluding eaves. Sign manufacturing/repair: The manufacture of commercial signs and sign support structures. Sign painting shop: The painting, etching or printing of sign copy. Site: Any lot or parcel of land or contiguous combination thereof, under a single ownership or control, proposed for development, where grading is performed or permitted. Site development plan: A plan drawn to scale for one or more lots, parcels or tracts on which is shown the existing and proposed conditions of the lot, tract or parcel. Site drainage plan: A plan prepared by a professional engineer licensed in the state of Washington that identifies the stormwater control area, stormwater facilities and other measures reasonably required by the director. The plan shall contain analysis and recommendations based upon the City standards. Slope: An inclined ground surface the inclination of which is a ratio of vertical distance to horizontal distance, expressed as a percentage. Soap and cleaning compound manufacturing: The manufacture of soaps, detergents and cleaning chemicals and solvents. Soil: A natural aggregate of mineral grains that can be separated by such gentle mechanical means as agitation in water. Solid waste: All putrescible and nonputrescible solid and semisolid material including, but not limited to, garbage, refuse, bulky wastes, inert waste, agricultural solid waste, sewage sludge and demolition and construction wastes. Solid waste recycling/transfer site: A site storing solid waste or recyclable materials, prior to transport to a central disposal or collection location. Special flood hazard areas (SFHA): The land area covered by the flood waters of the base flood is the SFHA on the National Flood Insurance Program (NFIP) maps. The SFHA is the area where the NFIP's floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. Attachment 1 Specialized training/learning schools/studios: A facility providing specialized classes to persons of all ages including, but not limited to, gymnastics, fitness, martial arts and dance. Spoil: Any material removed from an excavation. Standard soils: Soils comprised of the Natural Resources Conservation District groups: Garrison, Springdale, Bonner, and Hagen. Start of construction: Includes substantial improvement, and the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Storage, general indoor: The storage of equipment, merchandise and supplies within an enclosed structure. Storage, general outdoor: The storage of any equipment, machinery, commodities, raw, semi -finished materials, and building materials, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. The outdoor display of motor vehicles, equipment for sale or lease, manufactured housing or landscaping and nursery stock available for sale to the public is not general outdoor storage. Storage, self-service facility: A facility including buildings and/or structures containing spaces of varying sizes leased, rented or sold on an individual basis and used exclusively for the storage of excess property and outdoor storage of vehicles and boats. Stormwater: That portion of precipitation or snow melt that has not naturally percolated into the ground or otherwise evaporated, but is contained, transported or flowing above ground through streets, swales, channels, pipes, artificial or natural surfaces. Attachment 1 Stormwater drainage facility: Constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, evaporate, divert, treat or filter stormwater. Stormwater facilities include, but are not limited to, pipes, ditches, culverts, street gutters, detention ponds, retention ponds, evaporation ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators and swales. Stormwater facility: The drainage system including, but not limited to, drywell, channel, inlet, curb drop, swale, ditch, detention, retention, and/or infiltration facility designed to contain and control stormwater. Street, arterial, minor: Roadways identified in the Spokane Valley Comprehensive Plan providing for interconnection with and augmentation of the principal arterial system and providing local mobility. Street, arterial, principal: Roadways identified in the Spokane Valley Comprehensive Plan providing for regional mobility. Street, collector: Roadways identified in the Spokane Valley Comprehensive Plan providing for both land access and traffic circulation within residential neighborhoods and commercial and industrial areas. Street, flanking: One of the two streets abutting a corner lot which is not parallel with the lot front line. Street, local access: A street providing access to abutting property. Structure: Any construction, including a building or any portion thereof, erected for the purposes of support, shelter or enclosure of persons, animals or property of any kind, including swimming pools, decks in excess of 30 inches in height, and roof overhangs exceeding three feet. A fence of six feet or less in height is not a structure, nor a masonry, brick, concrete, or cinder block wall of less than four feet in height. Subdivision: The subdivision of land into two or more parts for the purpose of establishing building sites, and including both short subdivisions and long subdivisions. Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1. Before the improvement or repair is started; or Attachment 1 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Swale: A constructed depression for the treatment and disposal of stormwater runoff. The swale shall be designed by an engineer licensed in the state of Washington. Tailor: A personal service providing alterations and fittings for apparel. Tank storage (LPG): The storage of liquefied petroleum gas or its component gases. Tank storage, critical materials: The storage of critical materials identified in Appendix 21-G (SVMC 21.40.060), including but not limited to gasoline, kerosene, diesel, lubricating oils, and solvents. Tanning and curing of hides: The preparation of animal hides and skins for the manufacture of leather products. Tavern: A retail establishment serving alcoholic beverages with incidental food service. Taxidermy: The operation of preserving, stuffing and mounting the skins of dead birds and animals for exhibition. Telecommunications: The transmission, between or among points specified by the user, of audio and/or visual information and data of the user's choosing, without change in the form or content of the information as sent and received. Attachment 1 • Alternative mounting structure: A water tower, manmade tree, clock tower, church steeple, bell tower, utility pole, light standard, freestanding sign, flagpole, or similar structure designed to support and camouflage or conceal the presence of telecommunications antennas. • Antenna: A structure or device used to collect or radiate radio, television, or microwave electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omni -directional antennas, such as whips, but not including satellite earth stations or noncommercial antennas installations for home use of radio or television. • Array: An arrangement of antennas and their supporting structure. • Collocation: A single telecommunications tower and/or site used by more than one telecommunications service provider. • Dish: A parabolic or bowl shaped device that receives and/or transmits signals in a specific directional pattern. • EIA -222: Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antennas Support Structures." • Electric transmission: A self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers. • Guyed, tower: Any telecommunications tower supported in whole or in part by cables anchored to the ground. • Height: The distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances, if any. • Monopole: A self-supporting telecommunications tower, which consists of a single vertical pole, fixed into the ground and/or attached to a foundation. • Panel: An antenna which receives and/or transmits signals in a directional pattern. • Self-supporting lattice tower: A telecommunications tower that consists of an open network of metal braces, usually triangular or square in cross-section. Attachment 1 • Service: The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. • Stealth: A telecommunications antenna that is effectively camouflaged or concealed from view. • Telecommunications antenna: An antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 35 feet in height in residential districts and 50 feet in height in nonresidential districts, and whip antennas less than four inches (10 cm) in diameter and less than 10 feet in height. • Tower: A self-supporting or guyed structure more than 20 feet in height, built primarily to support one or more telecommunications antennas. Does not include ham operator or wind turbine support towers. • Whip antenna: An omni -directional dipole antenna of cylindrical shape which is no more than six inches in diameter. Temporary use: A use permitted for a limited period of time or pending the occurrence of an event. Textile manufacture: The manufacture of textiles, carpet, canvas and cordage, including knitting. Theater: A structure or area designed for the presentation of live performances, including dramatic works, concerts, and motion pictures. Threshold requirements: The level of development, volume, or peak flow of stormwater that must be controlled. Tire recap and retread manufacture: The process of refurbishing and retreading used vehicle tires. Title notice: A document recorded with the county auditor for the purpose of disclosure to a prospective purchaser, lender or other interested party of important information, special conditions, restrictions, and/or circumstances that affect real property. Tower, ham operator: A structure less than 75 feet in height above grade used for two-way communication for hobby or emergency service purposes by private individuals. Tower, wind turbine support: A structure not enclosed with exterior walls used for the production of energy such as a wind turbine tower. (Public utility towers used for the distribution or transmission of electricity and wireless communication support towers are not included in this definition.) Attachment 1 Transit center: A facility serving transit patrons which may serve as a transfer point between different transportation modes and routes, and providing parking. Transitional housing: Congregate living facilities for temporarily displaced individuals and families with an on- site resident manager including, but not limited to, homeless and protective shelters. Detention and post - detention facilities, hospital, psychiatric and/or substance abuse and secure community transition facilities are not transitional housing. Truck sales, rental, repair and maintenance: Land and facilities offering the sale, service and maintenance of motor vehicles and cargo trailers with a manufacturer's gross vehicle weight in excess of one ton. Truck stop: A facility providing parking, fueling, and restaurant services for large trucks, and may include truck washing facilities, sleeping accommodations and showers for drivers. Underground injection control (UIC) well: A manmade subsurface fluid distribution system designed to discharge fluids into the ground and consists of an assemblage of perforated pipes, drain tiles, or other similar mechanisms, or a dug hole that is deeper than the largest surface dimension (WAC 173-218-030). Subsurface infiltration systems include drywells, pipe or French drains, drain fields, and other similar devices that are used to discharge stormwater directly into the ground. Upholstery shop: A retail service for the upholstery and re -upholstery of furniture. Variance: An adjustment to the strict application of regulations to a particular piece of real property which, because of special circumstances, is deprived of privileges commonly enjoyed by other properties in the vicinity and similar zone classification. The adjustment remedies the disparity in privileges; provided, that a variance granted shall not authorize a use otherwise prohibited in the zone classification in which the property is located. Veterinary hospital or clinic, large animal: An establishment providing veterinary medical services and similar services to livestock, such as horses, cows, donkeys, sheep, pigs, and similar animals, and may include outdoor pens. Veterinary hospital or clinic, small animal: An establishment other than a kennel in which veterinary medical services, clipping, bathing, boarding and similar services are rendered to dogs, cats and other small animals and domestic pets. Warehouse: A structure in which more than 50 percent of the ground floor area is utilized for the storage of products, which is not the office or showroom area of the building. Attachment 1 Warranty surety: A financial guarantee against defects in the construction of all required infrastructure for a project. Water dependent: A use or activity dependent on a waterfront location including, but not limited to, bridges, diversion structures and facilities for water supply, irrigation and/or fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural facilities that provide water sports equipment and services, restaurants providing water views, recreational vehicle parks, and public parks. quantities of water. Welding: The process of uniting metal parts through heat and/or pressure. Wetland: An area characterized by saturated or nearly saturated soils most of the year that forms an interface between terrestrial (land-based) and aquatic environments. Wetlands include marshes around lakes or ponds and along river or stream channels. Wholesale business: Those businesses which sell, broker, transfer, receive or otherwise handle volume commodities for fabrication, resale or internal commercial or industrial consumption. Wood product manufacturing: The manufacture of wood products, such as lumber, plywood, veneers, wood containers, wood flooring, wood trusses, and prefabricated wood buildings. The production processes include sawing, planing, shaping, laminating, and assembling of wood products starting from logs that are cut into bolts, or lumber that then may be further cut, or shaped by lathes or other shaping tools. Wrecking, junk and salvage yards: Any area, lot, land, parcel, building, structure or part thereof where waste or discarded or salvaged materials are exchanged, handled, bought, sold, baled, packed, stripped, stored, dumped or disassembled including, but not limited to, inoperable vehicles, tires, machines or remnants thereof, and/or metals, paper, rags, tires and bottles. WRIA: Water resources inventory area. Attachment 1 Xeriscaping: A planting practice that relies on minimal or no irrigation, eliminating heavily watered landscaping in favor of those that combine low water requirements with plants adapted to the region. Yard: An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward. • Flanking street yard: That unoccupied area of a lot which is coterminous with a flanking street bounded by the front yard and rear yard and the flanking street yard depth. • Front yard: An area extending across the full width of a lot and lying in between the front lot line and building setback line. The front yard is usually the location of the main entrance to the building and/or its orientation to the primary street. • Rear yard: An area extending across the full width of the lot and lying between the lot rear line and that portion of a proposed or existing building or structure closest to the lot rear line or between the lot rear line and the required rear yard depth in each classification when no building or structure exists or is proposed. • Side yard: That area of a lot that is unoccupied and which is not a front yard, a rear yard nor a flanking street yard. Zero lot line development: A residential development for single-family detached where each dwelling is located in close proximity to an interior side property line, with a minimum side yard maintained between each adjacent residence. Zone, zoning district: A use classification established for the purpose of promoting orderly and efficient development of land compatible with surrounding areas implementing the Comprehensive Plan. Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action December 8, 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: Proposed Resolution 15-010 Supporting Chamber of Commerce "BIG 5.' GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: Several Councilmembers have attended multiple Chamber of Commerce community meetings concerning the Chamber's 'BIG 5" program. BACKGROUND: As a gesture of good will, Council suggested a resolution of support. OPTIONS: Council discretion RECOMMENDED ACTION OR MOTION. Move to approve Resolution 15-010 Supporting the Chamber of Commerce 'BIG 5' program. BUDGET/FINANCIAL IMPACTS: n/a STAFF/COUNCIL CONTACT: Mike Jackson, City Manager ATTACHMENTS: Draft Resolution DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 15-010 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, DECLARING SUPPORT OF THE GREATER SPOKANE VALLEY CHAMBER OF COMMERCE'S `BIG 5' EFFORT TO BUILD A COLLABORATIVE, INCLUSIVE AGENDA FOR THE FUTURE OF OUR COMMUNITY. WHEREAS, the City of Spokane Valley has long been a supporter of the Greater Spokane Valley Chamber of Commerce and the Chamber's dedication to serve businesses, improve community vitality, and fuel economic prosperity; and WHEREAS, the City Council is aware that the BIG 5 is an effort to engage the community to help identify and drive community -wide initiatives which will stimulate community vitality and nurture economic prosperity for the Greater Spokane Valley region; and WHEREAS, the City Council has been involved with and participated in numerous Chamber - sponsored community meetings in an effort to help identify those aforementioned initiatives; and WHEREAS, the City Council agrees with and supports the Chamber's ranking of the BIG 5 initiatives, which were accomplished in response to meetings with stakeholders; and WHEREAS, the City Council will endeavor to incorporate and promote the BIG 5 in City planning and economic efforts; and WHEREAS, the City Council wishes to show support for the Chamber's activities by adopting a resolution of support. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Declaration of Support for the Chamber of Commerce's `BIG 5' Initiatives. The City Council of the City of Spokane Valley hereby declares as follows: The Spokane Valley City Council is supportive of the community engagement program conducted by the Greater Spokane Valley Chamber of Commerce, as a means to inform and engage the general public about effective and innovative ways to assist in this partnership for the community as a means to focus on the core values and attributes that attract businesses and industry to our region in the overall goal to work toward economic prosperity and community vitality for the region. Those `BIG 5' initiatives which the City Council supports include Greater Outdoors, Greater Goods, Greater Learning, Greater Cures, and Greater Vision. Section 2. Effective Date. This Resolution shall be effective upon adoption. Adopted this 8th day of December 2015. ATTEST: City of Spokane Valley Christine Bainbridge, City Clerk Dean Grafos, Mayor Approved as to Form: Office of the City Attorney Resolution 15-010 Declaring Support to the BIG 5 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Item: Check all that apply: ❑ consent ❑ information Department Director Approval: ❑ old business ® new business ❑ public hearing ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Legislative Agenda 2016 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: At the October 20, 2015, and November 8, 2015, Council meetings, Council discussed and reviewed possible items to include on the 2016 Legislative Agenda. BACKGROUND: This is an opportunity for Council to approve the 2016 Legislative Agenda and to discuss the legislative calendar for 2016. October: • Staff and Council prepare city legislative agenda and policy statements. The legislative agenda shows track changes from the previous legislative agenda. December 8, 2015 • Council formally approves the legislative agenda. December 9, 2015 • Council meets w/ legislative delegation to discuss legislative agenda. o Develop dates early so we can schedule meetings January • Session Begins • AWC Days are: 1/27-1/28. o Schedule meetings with legislators well in advance. OPTIONS: I move to approve the 2016 Legislative Agenda as written or modified. RECOMMENDED ACTION OR MOTION: I move to approve the 2016 Legislative Agenda as written. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson ATTACHMENTS: 2016 Legislative Agenda Spokan' e��` _Valley 2016 DRAFT Legislative Agenda Transportation Funding Request — Barker Road/BNSF Grade Separation (overpass/underpass) The City of Spokane Valley supports identifying future funding opportunities for the Barker Road/BNSF Grade Separation project. As the state experiences an increase in rail traffic, this particular intersection will become increasingly congested and dangerous. This project will separate vehicle traffic from train traffic and remove the at -grade rail crossing. The total anticipated cost is $29.2 million. The City has secured $5.84 million from the Washington State Freight Mobility Strategic Investment Board and the project has been identified as regionally significant by the Inland Pacific Hub Study. The City is able to contribute $1.294 million. Contribution from BNSF is $346,000 and from the 2009 Earmark is $720,000. The City is seeking $21 million in future funding for the Barker Road/BNSF Grade Separation. Additional benefits include: Improve the Level of Service (LOS) of 'F' at this intersection, allowing for new development in the industrial -zoned portion of the City; improve emergency access; and help to address concerns about coal trains, including impeded traffic flow, increased whistle noise, and train - vehicle conflict safety. Additional Authority to Recoup Code Enforcement Costs The City of Spokane Valley seeks legislation to provide cities with additional tools to recoup costs for enforcing code compliance when a court order has been issued and a city performs the abatement itself or through a contractor. In particular, the city supports establishing first priority lien authority to assist in the cost recovery. The City supports the Association of Washington Cities' legislative agenda items that serve the best interests of Spokane Valley. Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action December 8, 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: Motion Consideration: Community Minded Television (CMTV) Public Access Agreement GOVERNING LEGISLATION: Comcast Franchise Agreement Ordinance 09-034 PREVIOUS COUNCIL ACTION TAKEN: Approval of Comcast Franchise, December 1, 2009; Authorized City Manager to execute agreement with CMTV, May 10, 2011. BACKGROUND: The Council adopted Ordinance 09-034, which approved the franchise agreement between Spokane Valley and Comcast so that Comcast may place its cable facilities in the City's right-of-way so it can operate its business. One of the requirements of the franchise (a contract granted by ordinance) is for Comcast to provide funding to the City for capital purchases associated with the creation and broadcasting of public, educational, and governmental (PEG) programming. The PEG fee is the equivalent of $0.35 per subscriber per month which Comcast passes on to its subscribers. The City initially advertised for a public access channel manager in April of 2011. One response was received at that time from CMTV. An agreement with CMTV was executed May 10, 2011 and expires December 31, 2015. Staff recommends extending the agreement through the expiration of the cable franchise, which is February 10, 2020. The City Attorney advises us that this does not need to be re -advertised. CMTV and the Spokane County Library District are currently developing an agreement whereby CMTV would make video and editing equipment available to the Library so that it may develop a studio/media lab at the Valley Branch for producing community content featuring people, events, history etc. specific to Spokane Valley, as well as instructional videos for starting businesses, and obtaining permits from the City. Staff anticipates recommending at a later date that additional appropriations from PEG fund 107 be made available to CMTV to support these expanded efforts once their capital needs are determined. OPTIONS: Authorize the City Manager to finalize and execute the agreement with Community Minded Television to act as the sole broadcaster of public access content on Comcast Channel 14, request an RFP process, or eliminate public access broadcasting support. RECOMMENDED ACTION OR MOTION. Authorize the City Manager to finalize and execute the agreement with Community Minded Television to act as the sole broadcaster of public access content on Comcast Channel 14. BUDGET/FINANCIAL IMPACTS: No General Fund dollars will be used—only funds from PEG fund 107 will be utilized. $12,000 has been requested by CMTV for use during 2016. STAFF/COUNCIL CONTACT: John Pietro, Administrative Analyst ATTACHMENTS: Draft Agreement AGREEMENT FOR SERVICES Community -Minded Television THIS AGREEMENT is between the City of Spokane Valley, a code city of the State of Washington, hereinafter "City," and HIP of Spokane County dba Community -Minded Enterprises, hereinafter "CMTV," jointly referred to as "parties." WHEREAS, the City of Spokane Valley has obtained certain channel resources and capital financing as a result of a franchise renewal (franchise) with the local cable operator, Comcast of Pennsylvania/Washington/West Virginia, LP, ("Comcast"); and WHEREAS, the franchise documents include the franchise Ordinance and a side letter. For convenience, Section 13 of the Franchise affecting channel resources is attached hereto as Exhibit A and incorporated herein; and WHEREAS, CMTV agrees to provide community programming identified in Section 13 of the franchise; and NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties agree as follows: 1. DESIGNATION OF CMTV AS CHANNEL MANAGER. The City designates CMTV as Channel Manager of the channel reserved in Exhibit A. This designation terminates if the franchise terminates or expires. The designation is in the nature of a quit -claim authorization, to the extent of the City's power and authority to make such designation, without any promises or warranties. Section 1 and 2 comprise the entire obligations of the City under this Agreement, notwithstanding any other provision. The failure to provide at least 16 hours each day on average over each calendar week of broadcasting shall be considered a material breach of this Agreement. 2. GRANT FROM PEG FEE SOURCE. a. For each year of the agreement the City will notify CMTV by October 31 of the preceding year the amount of PEG funds projected to be distributed, if any. The actual amount of funding available shall be determined by the actual PEG contributions provided to the City by Comcast. Any additional funds would be subject to the same requirements as the original PEG fee grant contained herein. b. With respect to the PEG fee grant, CMTV shall be solely responsible for satisfying any expenditures and/or documentation requirements of Comcast set forth in Exhibit A (to the extent applicable), and agrees to indemnify and hold harmless the City from any loss or liability for CMTV's failure to satisfy any applicable requirements set forth therein. Under no circumstances shall the City be independently liable to CMTV for payment of any additional funds in the event of a reduction of money payable by Comcast to the City. Nothing herein limits CMTV's option to apply for additional PEG funding or creates any obligation on the part of the City to accept such applications. c. Within 90 days, upon request, CMTV shall provide Comcast with appropriate documentation showing expenditures for PEG capital use of the previous year's PEG funding and showing the budgeted use of the current year's PEG funding. In the event CMTV cannot demonstrate that Public Television Contract Page 1 PEG funding was used or budgeted for PEG capital needs consistent with franchise requirements, it is responsible to reimburse the City any reduction in PEG funding obligations by Comcast under Exhibit A under this or any future PEG fee grant source. d. If CMTV fails to complete the Agreement through the end of the term, CMTV will return any equipment with useful life remaining or pay the remaining value or any equipment to the City. The remaining value will be determined be applying straight-line depreciation to the asset and determining the remaining value at the time CMTV stops providing service. With the City's authorization, the equipment may be transferred to another designated PEG content provider. 3. PAYMENT. CMTV acknowledges and is accustomed to the practice of being held accountable for achieving deliverables associated with grant funds. Because these funds are restricted to capital expenditures, CMTV understands the City's concern about protecting the grant resource in case of CMTV non-performance. The funds shall only be available for reimbursement following qualifying expenditures by CMTV. Reimbursements shall only be made from PEG funds received from Comcast. The City receives quarterly PEG payments from Comcast. The City will provide CMTV with the current available balance upon request. Reimbursement requests shall include invoices, proof of payment, and a signed PEG Reimbursement Certification identified in Exhibit B. Approved reimbursements shall be made within 30 days of request. 4. ASSIGNMENT. CMTV shall not assign this Agreement without prior written consent. Any Assignee shall accept all terms and conditions of this Agreement in writing as a condition of the assignment. 5. CMTV ACCEPTANCE. CMTV accepts the City's designation as Channel Manager and all responsibilities express and implied in connection therewith. CMTV agrees to manage and operate the channel for programming of community interest consistent with this Agreement and its Proposal, reserving editorial content control to CMTV. To the extent as may be required by law, CMTV agrees to develop viewpoint neutral community access rules for its users. It is not the purpose or intent of this or any other provision of this Agreement to create a public forum or open microphone for the channel. CMTV is an independent contractor for all purposes of this Agreement and not an agent or employee of the City in any respect. 6. SOLE RESPONSIBILITY. Except as provided elsewhere in this Agreement, CMTV is solely and separately responsible for all channel operations, equipment financing, budget, management, and programming Nothing in this Agreement limits CMTV's ability to seek protection from programmers or others as between itself and third parties. 7. COMCAST/FRANCHISE REQUIREMENTS. a. CMTV is responsible to meet any reasonable signal quality or technical requirements of Comcast. In case of dispute, the City reserves the right to determine the issue, consistent with the Franchise and this Agreement. b. CMTV understands that the City and Comcast may mutually agree upon an implementation and enforcement of policy directive and terms of use requirements. c. CMTV guarantees that all users of any channel resources or channel facilities, obtained pursuant to this Agreement shall assume responsibility for the content of programming prepared at such channel facilities and/or cablecasts on the subject channel. Clearance for use of copyrighted material shall be the sole responsibility of CMTV and/or the access user. CMTV Public Television Contract Page 2 promises to implement any use requirements required by the City and Comcast related to the protection of copyrighted material. CMTV shall likewise require that all CMTV programmers/channel users indemnify and hold Comcast and the City harmless from all loss or liability, including the costs of legal defense from programming or use of facilities, channel(s) or access time by the user. d. Failure to comply with the provisions of this section shall constitute a material breach of this Agreement. e. CMTV shall accommodate Comcast's reasonable needs for use of parental control devises. The City reserves the right to determine any disputes. 8. ANNUAL REPORT. CMTV shall present in writing an annual report to the City on its yearly activities from the previous calendar year no later than May 1 each year. The report shall include the following information: a. A financial report of all channel operations and expenditures for the most recently completed fiscal year. b. A summary of all programming, including hours presented and weekly programming schedules (may be summarized), for the previous calendar year c. A detailed list of each expenditure made the prior calendar year, including the cost and purpose to which the equipment is being used, for all equipment expenditures reimbursed by the City. d. An itemized capital budget request for the subsequent calendar year. e. Proof of compliance with all Comcast/Franchise requirements above mentioned, including: i. Confirmation that CMTV meets Comcast's reasonable signal quality or technical requirements and a statement that there are no pending disputes regarding the same. ii. A current copy of CMTV's policies and use requirements if changed from previous year. 9. TERM/NOTICES. The Agreement takes effect January 1, 2016, and expires February 10, 2020; PROVIDED: It automatically expires if the current franchise expires or is otherwise terminated or substantially modified for any reason unless extended in writing by the City. It may be terminated without any requirement of showing cause by either party, upon at least 90 days written notice; PROVIDED the City may terminate the Agreement upon a lesser notice period if it reasonably determines that it is exposed to any loss or liability because of continuation of the Agreement. Additionally, failure to comply with the minimum daily broadcast requirements set forth in Section 1 shall be considered a material breach subject to termination on 10 days' notice. Notices shall be given as follows: To City: City Manager To CMTV: General Manager Public Television Contract Page 3 11707 East Sprague Avenue, Suite 106 25 West Main Avenue, Suite 436 Spokane Valley, WA 99206 Spokane, WA 99201 10. Indemnification and Hold Harmless. CMTV shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by CMTV, CMTV's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. CMTV's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. CMTV's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) CMTV, CMTV's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of CMTV, CMTV's agents, subcontractors, subconsultants and employees. CMTV's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim -related expenses. CMTV specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that CMTV's waiver of immunity under this provision extends only to claims against CMTV by City, and does not include, or extend to, any claims by CMTV's employees directly against CMTV. CMTV hereby certifies that this indemnification provision was mutually negotiated. 11. INSURANCE. CMTV shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by CMTV, its agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance. CMTV shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City shall be named as an insured under CMTV's commercial general liability insurance policy with respect to the work performed for the City. Public Television Contract Page 4 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. CMTV shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. CMTV's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of CMTV's insurance and shall not contribute with it. 2. CMTV shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by CMTV. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, CMTV shall furnish acceptable insurance certificates to the City Clerk at the time CMTV returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. CMTV shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12. BUSINESS REGISTRATION REQUIREMENT. Prior to commencement of work under this Agreement, CMTV shall register with the City as a business. 13. RECORDS. The State Auditor or City or any of their representatives shall have full access to and the right to examine during normal business hours all of (entity)'s records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. Any records relating to this Agreement may be subject to Washington's Public Record Act, Chapter 42.56 RCW. 14. NON-DISCRIMINATION. No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement in violation of State or Federal laws relating to discrimination. 15. ANTI -KICKBACK. No officer or employee of the City of Spokane Valley, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Public Television Contract Page 5 Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in this Agreement. 16. NO SEPARATE ENTITY; AMENDMENTS. No separate legal entity, partnership or joint venture is created by this Agreement. This Agreement is binding on the parties and their heirs, successors, and assigns. This Agreement may be amended at any time by mutual written agreement. 17. OWNERSHIP OF INTELLECTUAL PROPERTY. The City and CMTV hereby acknowledge that this Agreement shall not constitute a "work made for hire agreement" as that term is defined under the Copyright Act, 17 U.S.0 § 101 et seq. Additionally, the City expressly acknowledges and agrees that CMTV shall own all right, title, and interest in and to all intellectual property created or obtained by CMTV during the time it operates as Channel Manager. Nothing contained in this Agreement shall restrict CMTV from licensing, sublicensing, assigning, or otherwise disposing of CMTV's Intellectual Property Rights. "Intellectual Property Rights" means all intellectual property rights throughout the universe, whether existing under statute or at common law or equity, now or hereafter in force or recognized, including but not limited to: (i) copyrights, trade secrets, trademarks, patents, inventions, designs, logos and trade dress, "moral rights," mask works, publicity rights, privacy rights and any other intellectual property and proprietary rights; and (ii) any application or right to apply for any of the rights referred to in clause (i), and any and all renewals, extensions and restorations thereof. 18. NO THIRD PARTY BENEFICIARIES. Except to the extent that this Agreement recognizes and confirms certain rights of Comcast under the franchise, this Agreement is solely between the City and CMTV, and there are no third party beneficiaries to this Agreement. 19. ENTIRE AGREEMENT/SEVERABILITY. This is the entire agreement. In the event any provision of this Agreement should become invalid, the rest of the Agreement shall remain in full force and effect unless agreed in writing by the parties. Dated: CITY OF SPOKANE VALLEY ATTEST: City Manager City Clerk Approved as to form: Office of the City Attorney AGREED TO BY COMMUNITY MINDED TELEVISION Dated: Signed: For CMTV Public Television Contract Page 6 Title: Public Television Contract Page 7 Federal Tax I.D. No. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 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: Motion Consideration: Spokane Regional Transportation Management Center Interlocal Agreement Amendment No. 2 GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Informational memorandum on SRTMC Interlocal Agreement, March 24, 2015; Administrative report on SRTMC Interlocal Agreement, March 31, 2015; Motion for consideration on SRTMC Interlocal Agreement, April 14, 2015; Administrative Report on SRTMC Interlocal Agreement Amendment No. 2, December 1, 2015. BACKGROUND: Planning for the Spokane Regional Transportation Management Center (SRTMC) began in 1998 and led to the development of an interlocal agreement between the Washington State Department of Transportation (WSDOT), Spokane County, Spokane Transit Authority (STA), City of Spokane, and the Spokane Regional Transportation Council (SRTC). The original intent of the SRTMC was to provide a multi -jurisdictional control facility for the partnering agencies to enhance and support advanced transportation management capabilities. The SRTMC was to serve as a hub for regional transportation communications and to provide a seamless coordination of intelligent transportation system (ITS) devices, including traffic signals, across agency boundary lines. As of today, the City of Spokane Valley has 44 traffic signals, 12 cameras, and one dynamic message sign on the ITS network. All of our equipment first communicates with the SRTMC and is then relayed to City Hall for use by City Traffic Engineering staff. The City installed fiber optic lines and hardware in City Hall in 2014, which connect to the City's fiber backbone in Sprague. This will be utilized to develop the City's Transportation Operations Centers scheduled in 2015. Currently the SRTMC provides a website that is open to the general public. The website contains information about specific corridors and has real-time video feeds from cameras throughout the Spokane region. The SRTMC has an Operating Board that consists of technical members from each of the partner agencies. The Operating Board is responsible for reviewing and approving SRTMC activities and has monthly board meetings. These board meetings are generally technical in nature and involve discussion of future ITS planning and implementation projects and strategies as well as the reviewing of previous monthly activities, invoices, and billings. The center operates 24/7 for 365 days a year, and has done so since 2003. The SRTMC relies on federal grant funding, yearly member contributions, and WSDOT directed funds. The City's contribution is $15,000 per year. The federal grants and member contributions fund the SRTMC Manager, the IT Manager, two operators, software maintenance contracts, operation of the website, and daily hardware maintenance and functions for the center. Several developments in the region have occurred since 1998. The SRTC has opted to no longer be the lead agency as of January 2015, primarily due to the SRTMC performing operating duties versus planning duties. Another development that occurred was the incorporation of the City of Spokane Valley, which created a new entity not originally contemplated in the original interlocal. The first amendment to the original interlocal agreement added the City as an official partner and identified WSDOT as the lead agency. WSDOT has made very good improvements to the operations of the SRTMC this past year, including establishing a highly experienced SRTMC Manager, moving forward with grants and programs obtained by the SRTMC, updating the SRTMC website, and are in the process of completing a Systems Engineering study for the replacement of key hardware and software that are critical to the operations of the SRTMC. The Operating Board has been very pleased with the work performed this year, the Work Plan established for 2016, and the improved operations of the SRTMC. In light of the sunset clause which terminates the first amendment on December 31, 2015, a second amendment to the original interlocal is proposed, which allows for another 2 years for the SRTMC to operate while an updated interlocal agreement is developed. The City can terminate membership to the SRTMC by providing written notice to the SRTMC Board Chair by August 1st of any year, with termination effective December 31 of the year in which notice is given. The proposed second amendment ends on December 31, 2017 and is established to develop an updated interlocal agreement and to ascertain if the SRTMC and the SRTMC Operating Board will continue to function as intended. At that time the City will decide whether or not to continue participation in the SRTMC through the development of a new interlocal agreement. A new interlocal agreement is necessary given the many changes since the 1998 inception. The legal department has reviewed Amendment No. 2 and provided comment, which have already been incorporated. OPTIONS: 1) Approve the Interlocal Agreement Amendment No. 2 with SRTMC, or 2) provide additional direction for staff. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the SRTMC Interlocal Agreement Amendment No. 2 as presented. BUDGET/FINANCIAL IMPACTS: No change to 2015 budget. STAFF CONTACT: Sean Messner, Senior Traffic Engineer Eric Guth, Public Works Director ATTACHMENTS: Original SRTMC Interlocal (1998), SRTMC Interlocal Amendment (Agreement No. GCA 1450, Amendment No. 1), SRTMC Interlocal Amendment (Agreement No. GCA 1450, Amendment No. 2) AN INTERLOCAL AGREEMENT AMONG SPOKANE REGIONAL TRANSPORTATION COUNCIL, SPOKANE COUNTY, CITY OF SPOKANE, WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, AND SPOKANE TRANSIT AUTHORITY, TO FORM A REGIONAL TRANSPORTATION SYTEMS CENTER OPERATING BOARD, DEFINE ITS ORGANIZATION AND AUTHORITY, AND ESTABLISH A REGIONAL TRANSPORTATION SYSTEMS CENTER JURISDICTIONAL AREA. THIS AGREEMENT, made and entered into this 1 5I -day of 0 &o bey-- , 1998, among the Spokane Regional Transportation Council (SRTC), a public entity created by interlocal agreement, Spokane County, the City of Spokane, the Washington State Department of Transportation (WSDOT), and Spokane Transit Authority (STA). WITNESSETH: WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may jointly cooperate between each other to perform functions which each may individually perform; and WHEREAS, on June 10, 1998, the President of the United States signed the Transportation Efficiency Act of the 215` Century (TEA2I), which provided authorization for highways, highway safety, and mass transportation; and enunciated a policy statement "[t]o develop a National Intermodal Transportation System that is economically efficient, environmentally sound, provides the foundation for the nation to compete in the global economy and will move people and goods in an energy efficient manner;" and WHEREAS, federal transportation legislation requires the establishment, by agreement between the Governor of the State of Washington and units of general purpose local government, of a Metropolitan Nanning Organization (MPO), which organization in cooperation with the State of Washington shall develop transportation plans and programs for urbanized areas of Washington State; and WHEREAS, pursuant to the above referenced state and federal laws and Federal Transportation legislation, the above referenced entities are desirous of establishing a regional transportation systems center to carry out responsibilities provided for in Federal Transportation legislation as well as other responsibilities determined by the Transportation Systems Center Operating Board. NOW, THEREFORE, it is specifically agreed among the entitities hereto as follows: Section 1: NAME GCA1450 \19 A governing body, comprised of professional representatives of the SRTC, Spokane County, the City of Spokane, WSDOT, and STA, is hereby created and shall be known as the Spokane Regional Transportation Systems Center Operating Board, referred to hereinafter as the "Operating Board". Section 2: PURPOSE Recognizing that coordinated system management of transportation facilities of Spokane County, the City of Spokane, WSDOT, and STA, are necessarily interwoven and interdependent and that the interests of all citizens will best be served by a coordinated and cooperative transportation system, this Operating Board is established to facilitate such appropriate coordination and cooperation and provide for continuing area wide transportation system management and surveillance. The Operating Board is not authorized to in any way supersede the authority vested in the SRTC, County, City, WSDOT, STA, or Other Members, but is intended to meet the prerequisites of Federal Transportation legislation requiring the development of an integrated congestion management system to manage existing traffic congestion and help to prevent new congestion from occurring. Section 3: POWERS AND FUNCTIONS The functions, responsibilities, and powers of Operating Board shall be as follows: (a) To perform the functions of the Transportation Systems Center for the metropolitan area, including those functions set forth in the TEA21 legislation of 1998 and the Federal Register as it presently exists, or as it may be hereinafter modified implementing TEA21; as well as those functions which may be required hereinafter by Federal Transportation legislation. (b) To prepare and update a Comprehensive Regional Transportation System Operating Plan and Regional Transportation Incident Management Program. (c) To administer regional transportation projects and programs that facilitate operations of the Transportation Systems Center considering only those projects which have been approved by the SRTC Board and which are consistent with the adopted Regional Transportation Plan. (d) To participate in the collection and maintenance of transportation related data bases and transportation related information. (e) To contract with the WSDOT or other appropriate entities in order to meet requirements of State and/or Federal Transportation legislation. 2 GCA1450 (f) To perform such other transportation systems management related functions as the Operating Board may hereinafter determine to be in the best interests of the Transportation Systems Center. The SRTC, or any of the Members hereto, may receive grants-in-aid from the State or Federal Government or any other department or agency and may accept gifts for the purpose of this Agreement. Section 4: JURISDICTIONAL AND METROPOLITAN AREA DEFINED The Operating Board's jurisdictional area shall consist of all incorporated and unincorporated areas of Spokane County, Washington, and may include contiguous areas across the county or state boundaries as deemed appropriate, and which meet the criteria of State and/or Federal Transportation Iegislation. Section 5: GOVERNING BODY AND OFFICERS The governing body of the Operating Board shall consist of one representative from each of the Member agency/jurisdiction and an ex -officio representative from SRTC staff. Each representative shall hold a position that has authority to make decisions related to traffic operations for their respective agency/jurisdiction. The SRTC representative shall be appointed by the Transportation Manager. Alternate Operating Board representatives may serve in the absence of the designated representative so long as the alternate representative has similar authority to act on behalf of the appointing Member's parent agency. All alternate Operating Board representatives must serve in the same or higher capacity as the regularly designated representative as defined hereinabove. Officers of the Operating Board shall include a chair and vice -chair, who shall be elected by majority vote of the Operating Board. Officers shall serve a one year term. The chair shall alternate among representatives of the Operating Board. Section 6: MEETINGS The Operating Board shall hold regular meetings. The Chair may call a special meeting or executive session or shall call a special meeting at the request of a majority of the Operating Board. The Operating Board shall adopt rules for the conduct of its business consistent with this Agreement and such rules shall prescribe, among other matters, the place of meetings and the methods of providing reasonable notice to Members thereof. Such rules 3 GCA 1450 shall be adopted and may be amended by a majority vote (75% ratification of the Member bodies) of the total Operating Board, or by amendment to this Agreement as provided herein. All meetings of the Operating Board shall be open to the public as required by Chapter 42.30 RCW. A quorum for the purpose of transacting business shall consist, at a minimum, of three Operating Board members. All recommendations, motions or other actions of the Operating Board shall be adopted by a favorable vote of a majority of those present. All Operating Board representatives including officers shall be entitled to one vote. Section 7: STAFF' AND SUPPORT The staff as necessary to conduct the work programs of the Operating Board consistent with this Agreement shall be provided by SRTC in addition to staff provided at the discretion of the member jurisdictions. The staff shall serve under the direction of the Operating Board, and shall be responsible for conducting activities necessary to carry out the work program and purpose of the Operating Board. The Operating Board will submit to the SRTC Board for approval, application(s) for or acceptance of any grants to carry out those functions set forth in Section 3 hereinabove. Provided, however, in instances where a grant application must be submitted prior to the next regularly scheduled meeting of the Operating Board so that timely Operating Board approval cannot be obtained, the grant application may still be submitted with approval of the chair and vice -chair of the Operating Board. Employees assigned to the Transportation Systems Center shall be hired and discharged by their respective agencies. The Operating Board support services such as requisitioning and purchasing, payment of expenditures, accounting, computer processing, legal counsel, and others as deemed necessary will be provided by the SRTC. Section 8: WORK PROGRAM AND ANNUAL BUDGET The Operating Board shall prepare and adopt a proposed work program and budget for each calendar year. The detailed annual work program shall list specific work projects to be undertaken as part of the Transportation Systems Center. The Operating Board shall submit the proposed work program and budget to the SRTC Board by August 1 of the preceding year. Approval or rejection of such budget by each Member shall be provided to the Operating Board by November 1 of each year. The annual budget and/or work program of the Operating Board may be amended by vote of the SRTC Board, provided such amendment does not require additional budget 4 GCA 1450 appropriation, or by the joint approval of the Operating Board and Members where such amendment does require additional budget appropriation. After approval of the Operating Board Budget, no Member may terminate or withhold its share during the year for which it was allocated. Section 9: ALLOCATION OF COSTS, APPROPRIATIONS, AND EXPENDITURES It is anticipated that most projects and programs of the Operating Board will involve benefit to its Members. Costs of the annual budgeted expenditures shall be divided among the Members as determined by the Operating Board and as agreed to by the Members and SRTC Board. Any additional agency joining the Operating Board as a Member, shall contribute as determined by the Operating Board and approved by the Members and SRTC Board. Additional contributions to the Operating Board budget may be made to accomplish projects and programs deemed to be of particular pertinence or benefit to one or more of the Member agencies. Each funding Member approving the proposed Operating Board budget shall submit its payment on or before January 20 of the budget year which it has approved. The funds of such joint operation shall be deposited with the SRTC; and such deposit shall be subject to the same audit and fiscal controls as the public treasury where the funds are so deposited. The funds shall be used in accordance with the adopted budget and work plan. The SRTC may make expenditures in accordance with the approved Operating Board budget and work plan and shall maintain records of expenditures and report regularly to the Operating Board on budget activity. Payment of all claims shall be signed by the SRTC Transportation Manager and approved monthly by the SRTC Board. Such claims, with proper affidavits required by law, shall then be certified for payment by the City or as arranged by the SRTC. Section 10: INTER -RELATIONSHIP BETWEEN OPERATING BOARD, AND MEMBER ENGINEERING DEPARTMENTS Member traffic engineering departments shall continue their respective functions as provided by charter and/or State law, including preparation of traffic control plans, to which the Regional Transportation Systems Center plans shall be coordinated. The Region Transportation Systems Center and may administer or implement such plans as may be agreed by the Member agency and the Operating Board. The successful execution of Transportation Systems Center duties and responsibilities in preparing a Regional Transportation Congestion Management System, in coordination with local plans, requires comprehensive transportation management plans be prepared and remain up to date by the City and County of Spokane, WSDOT and STA for their respective jurisdictions. 5 GCA 1450 Section 11: AMENDMENTS This Agreement may be amended by mutual agreement of the Members. Section 12: TERMINATION The City of Spokane, Spokane County, WSDOT, or STA, may terminate membership in the Operating Board by giving written notice to the Operating Board prior to August l of any year for the following year. Section 13: PRIOR WRITTEN AGREEMENTS This Agreement shall supersede any prior agreements establishing a jointly developed transportation system center. Section 14: EFFECTIVE DATE The effective date of this Agreement shall be October 1, 1998. Provided, however, upon execution by the Members, the governing body of the Operating Board may meet for the purpose of taking action(s), such action(s) to be effective January 1, 1999. 6 GCA1450 IN WITNESS Agreement on the d ATTTEST: B OF, rth the Members hereto have entered into this herein above. BOARD OF COUNTY COMMISSIONERS Deputy Clerk ATTEST: By City Clerk WASHINGTON STATE DEPARTMENT OF TRANSPORT • ON G East Region A Wa • f ngton State fnistrator '•r partmen of Transportation APPROVED AS TO FORM P(i . -7 /A( Date: By: As? an ttorney General 7 CITY OF SPOKANE Mayor Approved: City Manager Approved as to form: Assistant City Attorney SPOKANE TRANSIT AUTHORITY Chair GCA 1450 IN WITNESS WHEREOF, the Members hereto have entered into this Agreement on the day and year set forth herein above. ATTTEST: By Deputy Clerk ATTEST: By City CIerk BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON CITY OF SPOKANE or roved: City Manager Approved as to form: Assistant City ttorney WASHINGTON STATE DEPARTMENT SPOKANE TRANSIT AUTHORITY OF TRANSPORTATION Eastern Region Administrator for Chair Washington State Department of Transportation APPROVED AS TO FORM Date: By: A ist. t A Corney General 7 GCA 1450 IN WITNESS WHEREOF, the Members hereto have entered into this Agreement on the day and year set forth herein above. At i EST: By Deputy Clerk ATTEST: By City Clerk WASHINGTON STATE DEPARTMENT OF TRANSPOR - ' ON 1 Region A gton Sta strator '•r epartment of Transportation APPROVED AS TO FORM Date: )-7 By: 4,1/10-' As• Attorney General BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON 7 CITY OF SPOKANE Mayor Approved: City Manager Approved as to form: Assistant City Attorney SPOKANE TRANSIT AUTHORITY Gktitig Executive Director GCA1450 AGREEMENT NO. GCA 1450, AMENDMENT NO. 1 This Amendment No. 1 to agreement No. GCA 1450 is made and entered into among the Washington State Department of Transportation, hereafter the "WSDOT," Spokane County , the City of Spokane, WA , the Spokane Transit Authority ("STA"), City of Spokane Valley ("COSV"), and the Spokane Regional Transportation Council("SRTC"), collectively referred to as the "Parties" and individually referred to as the "Party". WHEREAS, the Parties previously entered into agreement, GCA 1450 ("the agreement") on October 1, 1998, which created the Spokane Regional Transportation Systems Center Operating Board ("Operating Board"), and WHEREAS, SRTC was not a signatory to the agreement and has requested to be added as an ex officio party to the agreement, and WHEREAS, COSV was incorporated on March 31, 2003 and was not a Party to the agreement, but is now being added as a Party, and WHEREAS, the Parties agree to add COSV as a Party and further desire to change the name of the Spokane Regional Transportation Systems Center Operating Board to the Spokane Regional Transportation Management Center (SRTMC) Operating Board, and WHEREAS, it is necessary to amend the agreement to add the COSV and to change the name of the Operating Board to SRTMC Operating Board, and WHEREAS, SRTC wishes to eliminate its administrative duties under the agreement, and WHEREAS, a trial period is deemed necessary to evaluate the effectiveness of this agreement. NOW, THEREFORE, pursuant to chapter 39.34 RCW, the above recitals are incorporated herein as if set forth below, and in consideration of the terms, conditions, covenants and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Agreement GCA 1450 ("the agreement"), pursuant to Section 11, is hereby amended as follows: 1. If not otherwise addressed, any references to a regional transportation systems center will be changed to Spokane Regional Transportation Management Center. Any reference to TEA21 will be changed to MAP21. 2. The City of Spokane Valley ("COSV") is hereby made a Party to the agreement. COSV agrees to be bound by and shall comply with all of the terms contained in the agreement, including this Amendment No. 1 with the exception that member funds will not be collected through the term of this Amendment No 1. Page 1 of 5 3. Section 1 is deleted in its entirety and is replaced with the following: A voluntary association and joint board, comprised of professional representatives of the SRTC (ex officio, non-voting member), Spokane County, the City of Spokane, COSV, WSDOT, and STA, is hereby created and shall be known as the Spokane Regional Transportation Management Center (SRTMC) Operating Board. All references to the Operating Board shall be a reference to SRTMC Operating Board. 4. Section 2 is deleted in its entirety and is replaced with the following: Recognizing that coordinated system management of transportation facilities of Spokane County, the City of Spokane, COSV, WSDOT and STA, are necessarily interwoven and interdependent and that the interests of all citizens will best be served by a coordinated and cooperative transportation system, the SRTMC Operating Board is established to facilitate such appropriate coordination and cooperation and to provide for continuing area wide transportation system management and traffic surveillance. The SRTMC Operating Board is not authorized to in any way supersede the authority vested in the SRTC, Spokane County, City of Spokane, COSV, WSDOT, STA, or future members, if any, but is intended to meet the prerequisites of federal transportation legislation requiring the development of an integrated congestion management system to manage existing traffic congestion and help to prevent new congestion from occurring. 5. Section 4 is deleted in its entirety and replaced with the following: The SRTMC Operating Board's jurisdictional area shall consist of all incorporated and unincorporated areas of Spokane County Washington and may include contiguous areas across the county or state boundaries as deemed appropriate by the SRTMC Operating Board, and which meet the criteria of State and/or Federal Transportation Legislation. WSDOT may further utilize the SRTMC for traffic operations management through the entire Eastern Region and will coordinate with other TMC's which may have operational areas extending outside the SRTMC jurisdictional area. This work will be funded solely by WSDOT and not through use of member funds or grants associated with the SRTMC. 6. Section 5 reference to Transportation Manager will be changed to Executive Director. 7. Section 7 is deleted in its entirety and is replaced with the following: The staff as necessary to conduct work programs of the SRTMC consistent with this agreement shall be arranged for by the SRTMC Operating Board in coordination with the member jurisdictions. The jointly funded staff shall serve under the direction of the SRTMC Operating Board, and shall be responsible for conducting activities necessary to carry out the work program as directed by the SRTMC Operating Board. Staff performing work duties outside the SRTMC jurisdictional area for WSDOT will be funded solely by WSDOT. Page 2 of 5 The SRTMC Operating Board will consider and approve as appropriate application(s) for or acceptance of any grants to carry out those functions set forth in Section 3 hereinabove. Provided, however, in instances where a grant application must be submitted prior to the next regularly scheduled meeting of the SRTMC Operating Board such that timely SRTMC Operating Board approval cannot be obtained, the grant application may still be submitted with approval of the chair and vice -chair of the SRTMC Operating Board. Employees assigned to the SRTMC shall be hired and discharged by their respective agencies. The SRTMC support services such as requisitioning and purchasing, payment of expenditures, accounting, computer processing, and others as deemed necessary will be provided by WSDOT. Legal counsel will be contracted out as agreed by the SRTMC Operating Board. Insurance will be provided for employees by their respective agencies. 8. Section 8, paragraphs 2 and 3, are deleted in their entirety and replaced with the following: The work program shall be approved by November 1 of the preceding year. The work program and budget of the SRTMC may be amended by a majority vote of the SRTMC Operating Board, provided such amendment is within the funding authorized for use of the SRTMC. The SRTMC Operating Board, in conjunction with the SRTMC Manager, will develop detailed work and financial plans with measurable milestones. Both the performance of the SRTMC Operating Board and the SRTMC Manager will be evaluated against the milestones. With consideration of the performance review, the Operating Board will vote on continuing the agreement during the October 2015 Operations Board meeting and may direct the SRTMC Manager to begin preparation of the 2016 Financial Plan, Work Program, and Budget. The 2016 Financial Plan, Work Program, and Budget shall be submitted by the SRTMC Manager to the Operating Board by November 1, 2015. WSDOT shall accept the remaining member funds from the SRTC to be expended at the direction of the SRTMC Operating Board through the term of this Amendment No. 1. Member funds not utilized during the term of Amendment No. lshall be returned by WSDOT to each member agency equally. No additional member funds will be collected through the term of Amendment No. 1. WSDOT shall report on member funds regularly to the SRTMC Operating Board. 9. Section 9, Paragraphs 1, 2, 3 and 4 are deleted in their entirety and replaced with the following: It is anticipated that most projects and programs of the SRTMC Operating Board will involve benefits to its members. No costs shall be divided amongst the members through the term of this Amendment No. 1 unless unanimous approval is granted by the SRTMC Operating Board; provided SRTC shall not be required to make any financial contribution to the SRTMC Operating Board. Any additional agency joining the SRTMC Operating Board as a member through the term of Amendment No. 1 shall not be required to make a financial contribution to the SRTMC. Page 3 of 5 WSDOT may make expenditures in accordance with the approved SRTMC budget and work plan as approved by the SRTMC Operating Board, shall maintain records of expenditures, and shall report regularly to the SRTMC Operating Board on budget activity. Payment of all claims shall be approved monthly by the SRTMC Operating Board. Such claims, with proper declarations required by law, shall then be certified for payment by WSDOT. 10. Section 10, paragraph 2 is deleted in its entirety. 11. Section 12 is amended as follows: The SRTC, City of Spokane, Spokane County, COSV, WSDOT, or STA, may terminate membership in the SRTMC by giving written notice to the SRTMC Board Chair. A trial period that ends December 31, 2015 is established to ascertain if the SRTMC and the SRTMC Operating Board will function as intended beyond the trial period. This agreement will terminate on December 31, 2015. Depending on the outcome of the Operations Board vote referenced in section 8 above, an Amendment No. 2 would have to be completed by November 1, 2015. This Amendment No. 2 would allow the SRTMC and SRTMC Operating Board to continue operating, or instead set a timeline and direction to dissolve the agreement and to logically dismantle the current structure. If the agreement ends, WSDOT will expend the following grant funds as deemed appropriate by the SRTMC Operating Board: 1) All grants that were obligated prior to January 1, 2015; 2) If the SRTMC agreement discontinues, the 2017-2019 STP Non -Roadway grant titled SRTMC Operations and Maintenance ($1,267,900) will be returned to SRTC. Following completion of items 1 and 2 above, WSDOT would notify SRTC that any unspent grant funds held by WSDOT will be returned to SRTC. There is nothing restricting any agency from forming a new agreement for similar purposes as the SRTMC. 12. Section 15 Legal Relations is added: Individually, each Party shall protect, defend, indemnify, and save harmless each other Party, its officers, officials, employees, and agents from any and all costs, claims, judgment, and/or awards of damages resulting from the negligent acts or omissions of its officers, officials, employees, and agents acting within the scope of their employment and arising out of or in connection with the performance of this agreement. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of more than one Party, their, officers, officials, employees, and agents, an individual Party's liability hereunder shall be only to the extent Page 4 of 5 of that Party's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes a Party's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purpose of this indemnification provision. This limited waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. 13. All other terms and conditions of agreement shall remain in full force and effect except as modified by this Amendment No. 1. 14. This Amendment No. 1 may be executed in any number of counterparts, each of which, when so executed and delivered to the other Parties, shall be an original, but such counterparts shall together constitute but one and the same. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the Party's date last signed below. Page 5of5 AGREEMENT NO. GCA 1450, AMENDMENT NO. 2 This Amendment No. 2 to Agreement No. GCA 1450 is made and entered into between the Washington State Department of Transportation ("WSDOT"), Spokane County, the City of Spokane, the Spokane Transit Authority ("STA"), the City of Spokane Valley ("COSV"), and the Spokane Regional Transportation Council (SRTC), collectively referred to as the "Parties" and individually referred to as the "Party". The Parties entered into the Interlocal Agreement No. GCA 1450 on October 1, 1998 and Amendment No. 1 on April 30, 2015 (as amended, the "Interlocal Agreement"). Background It has now been determined that the Interlocal Agreement referenced above shall be amended to extend the termination date to allow time for a new interlocal agreement to be written. Amendment No. 2 to Agreement 1. Section 12 shall be revised to read: The SRTC, City of Spokane, Spokane County, COSV, WSDOT, or STA, may terminate membership in the SRTMC by giving written notice to the SRTMC Board Chair by August 1St of any year, with termination effective December 31 of the year in which notice is given. From the date of Amendment No. 2, a period that ends December 31, 2017 is established to allow the Parties to enter into a new SRTMC Interlocal Agreement. In the event, a new interlocal agreement is not reached, Amendment No. 2 and the Interlocal Agreement shall terminate on December 31, 2017. Amendment No. 2 allows the SRTMC and SRTMC Operating Board to continue operating as a joint venture through December 31, 2017 and as otherwise agreed by the Parties. 2. This Amendment No. 2 shall become effective on the date last signed below and shall remain in effect until December 31, 2017, unless terminated sooner or extended as provided herein. 3. All other terms and conditions of the Interlocal Agreement shall remain in full force and effect except as modified by this Amendment No. 2. 4. This Amendment No. 2 may be executed in any number of counterparts, each of which, when so executed and delivered to the other Parties, shall be an original, but such counterparts shall together constitute but one and the same. Page 1 of 3 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 as of the Party's date last signed below. STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION SPOKANE COUNTY ADOPTED by the Board of County Commissioners of Spokane County, Washington this day of 2015. By: By: Keith A. Metcalf, P.E. Todd Mielke, Chair Eastern Region, Regional Administrator By: Date: Shelly O'Quinn, Vice -Chair APPROVED AS TO FORM By: Al French, Commissioner By: Frank Hruban, Assistant Attorney General ATTEST: Date: By: Clerk of the Board Date: Page 2 of 3 CITY OF SPOKANE CITY OF SPOKANE VALLEY By: By: Date: Date: ATTEST: ATTEST: By: By: City Clerk City Clerk Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM By: By: Assistant City Attorney Office of the City Attorney Date: Date: SPOKANE REGIONAL SPOKANE TRANSIT AUTHORITY TRANSPORTATION COUNCIL By: By: Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM By: By: SRTC Attorney Spokane Transit Authority Attorney Date: Date: Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 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: Motion Consideration: Street and Stormwater Maintenance Contract Renewal — 2016 Option Year GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Motion to execute the Street and Stormwater Maintenance Contract on 10/14/2014 BACKGROUND: This contract consists of asphalt repair, roadway shoulder repair and grading, gravel road grading, crack sealing, sidewalk and path repair, guardrail repair, fencing repair, drainage structure repair and installation, curb, gutter and inlet repair and installation, and other related work. City staff prepared a Request for Bids in 2014. The City received four bids and Poe Asphalt was the low bidder. The 2016 option year will be the first of four option years that may be exercised by the City. Per the contract specifications, the hourly labor rates will change based on the prevailing wage changes. Prevailing wages are required on this contract as the work is considered a "Public Work." The increases in prevailing wage range from 0%-1.94% ($0.0-$.75 per hour) based on the specific classification. We estimate the increases will increases in hourly labor rates will be about $6,000. We are not requesting an increase in the total contract amount. Equipment and material rates stay constant for each option year exercised. Poe has provided a good level of service throughout the 2015 contract year and staff recommends exercising the 2016 option year contract. OPTIONS: 1) Approve the contract renewal for street and stormwater maintenance services, or 2) provide additional direction for staff. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the letter extending the contract for street and stormwater maintenance services with Poe Asphalt for 2016. BUDGET/FINANCIAL IMPACTS: This contract will be funded by the approved 2016 Budget STAFF CONTACT: Eric P. Guth, Public Works Director ATTACHMENTS: Contract with Hourly Rate attachment Sis5kane 4,•Valley December xx, 2015 Poe Asphalt Paving, Inc. 2732 North Beck Road Post Falls, ID 83854 OFFICE OF THE CITY ATTORNEY CARY P. DRISKELL - CITY ATTORNEY ERIK J. LAMB - DEPUTY CITY ATTORNEY 11707 East Sprague Ave., Suite 103 • Spokane Valley, WA 99206 509.720.5105 • Fax: 509.688.0299 ♦ cityattorney@spokanevalley.org Re: Implementation of 2016 option year - Agreement for Street and Stormwater Maintenance and Repair Services, contract number 14-223 Dear Mr. Griffith: The City executed a contract for provision of Street and Stormwater Maintenance and Repair Services on November 21st, 2014 by and between the City of Spokane Valley, hereinafter "City" and Poe Asphalt Paving, Inc., hereinafter "Contractor" and jointly referred to as "Parties." The Contract Provisions states that it was for one year, with four optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the first of four possible option years that can be exercised and runs through December 31, 2016. The City would like to exercise the 2016 option year of the Agreement. The Compensation as outlined in Exhibit A, 2016 Cost Proposal, includes the labor and material cost negotiated and shall not exceed $1,366,663.00. The history of the annual renewals is set forth as follows: Original contract amount .$ 1,366,663.00 2016 Renewal $ 1,366,663.00 All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. If you are in agreement with exercising the 2016 option year, please sign below to acknowledge the receipt and concurrence to perform the 2016 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY POE ASPHALT PAVING, INC. Mike Jackson, City Manager Name Title ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attorney SCHEDULE A - REGULAR HOURS Estimated 2015 Rates 2016 Rates Item # Trade Occupation Hours Rate Rate 1 Foreman 500 $54.32 $55.02 2 Cement Masons Journey Level 240 $64.90 $65.65 3 Fence Erectors Fence Erector 20 $77.69 $77.69 4 Flaggers Journey Level 1900 $45.65 $46.25 5 Laborers General Laborer 2300 $46.62 $47.22 6 Laborers Asphalt Raker 120 $46.62 $47.22 7 Laborers Concrete Crewman 220 $64.90 $65.50 8 Laborers Guard Rail 10 $49.50 $50.10 9 Laborers Pipelayer 130 $58.30 $58.90 10 Laborers Traffic Control Supervisor 40 $46.75 $47.35 11 Power Equipment Operators Blade(finish & bluetop) 200 $54.32 $55.02 12 Power Equipment Operators H.D. Mechanic 30 $54.32 $55.02 13 Power Equipment Operators Paving Machine 200 $52.37 $53.07 14 Power Equipment Operators Rollerman 400 $52.37 $53.07 15 Power Equipment Operators Screed Operator 200 $52.37 $53.07 16 Power Equipment Operators Power Broom 90 $52.37 $53.07 17 Power Equipment Operators Backhoes & Hoe Ram 30 $52.37 $53.07 18 Power Equipment Operators Vactor Guzzler, Super Sucker 10 $66.00 $66.70 19 Power Equipment Operators Roto Mill 90 $66.00 $66.70 20 Power Equipment Operators Posthole Auger or Punch 10 $52.80 $53.50 21 Power Equipment Operators Backhoe (45,000 GW & under) 380 $52.37 $53.07 22 Truck Drivers Dump Truck (E. WA -690) 800 $49.66 $50.41 23 Truck Drivers Dump Truck & Trailer (E. WA -690) 500 $49.88 $50.63 24 Truck Drivers Other Trucks (E. WA -690) 30 $49.88 $50.63 25 Truck Drivers Transit Mixer 10 $49.88 $49.88 SCHEDULE B - OVERTIME HOURS Estimated 2015 Rates 2016 Rates Item # Trade Occupation OT Hours Rate Rate 26 Foreman 40 $70.22 $71.27 27 Cement Masons Journey Level 20 $97.35 $98.48 28 Fence Erectors Fence Erector 5 $94.19 $94.19 29 Flaggers Journey Level 50 $59.40 $60.30 30 Laborers General Laborer 75 $60.15 $61.05 31 Laborers Asphalt Raker 25 $60.15 $61.05 32 Laborers Concrete Crewman 20 $97.35 $98.25 33 Laborers Guard Rail 5 $74.25 $75.15 34 Laborers Pipelayer 15 $86.90 $87.80 35 Laborers Traffic Control Supervisor 5 $61.60 $62.50 36 Power Equipment Operators Blade(finish & bluetop) 20 $70.22 $71.27 37 Power Equipment Operators H.D. Mechanic 5 $70.22 $71.27 38 Power Equipment Operators Paving Machine 20 $67.44 $68.49 39 Power Equipment Operators Rollerman 40 $67.44 $68.49 40 Power Equipment Operators Screed Operator 20 $67.44 $68.49 41 Power Equipment Operators Power Broom 10 $67.44 $68.49 42 Power Equipment Operators Backhoes & Hoe Ram 5 $67.44 $68.49 43 Power Equipment Operators Vactor Guzzler, Super Sucker 5 $88.00 $89.05 44 Power Equipment Operators Roto Mill 5 $99.00 $100.05 45 Power Equipment Operators Posthole Auger or Punch 5 $79.20 $80.25 46 Power Equipment Operators Backhoe (45,000 GW & under) 30 $67.44 $68.49 47 Truck Drivers Dump Truck (E. WA -690) 5 $62.52 $63.65 48 Truck Drivers Dump Truck & Trailer (E. WA -690) 40 $62.74 $63.87 49 Truck Drivers Other Trucks (E. WA -690) 10 $62.74 $63.87 50 Truck Drivers Transit Mixer 5 $62.74 $62.74 SCHEDULE C - EQUIPMENT HOURS Item # Equipment Type Unit Type Quantity Rate 51 1 Ton Truck Hour 600 $19.55 52 1 Ton/Trailer Hour 25 $8.05 53 1/2 Ton Truck Hour 150 $6.90 54 160 Blade Hour 250 $74.75 55 3 Axle Tilt Trailer Hour 75 $31.05 56 5th Wheel/Lowboy Hour 125 $93.15 57 Arrowboard Day 50 $63.25 58 Asphalt Saw Hour 25 $21.85 59 Backhoe Hour 25 $46.00 60 Broce Broom Hour 150 $49.45 61 Chop Saw Hour 20 $2.30 62 Crack/Joint Sealer Hour 250 $64.69 63 DD -110 Roller or Equivalent Hour 50 $74.75 64 DD -34 Roller or Equivalent Hour 300 $37.95 65 End Dump Truck Hour 400 $62.10 66 End Dump/Pup Hour 200 $81.65 67 Grade Roller Hour 35 $47.15 68 Hoe Pack Hour 20 $44.10 69 Jumping Jack Wacker Hour 30 $2.30 70 Nuclear Densometer Hour 150 $5.75 71 Paver Hour 150 $178.25 72 Plate Wacker Hour 10 $2.30 73 Skippy Hour 200 $42.55 74 Super Dump Hour 450 $79.35 75 Traffic Control Vehicle Hour 400 $17.25 76 Variable Message Sign Day 40 $201.25 77 Water Truck - LG Hour 200 $59.80 78 Water Truck - SM Hour 200 $48.30 SCHEDULE D - MATERIALS Unit Prices include materials only. Labor and Equipment will be paid separately Item # Material Type Unit Type Quantity Unit Price 77 HMA 3/8" PG 64-28 50 Gyro Ton 500 $61.41 78 HMA 1/2" PG 64-28 50 Gyro Ton 3500 $58.10 79 HMA 1/2" PG 70-28 75 Gyro Ton 1200 $56.82 80 HMA 1/2" PG 70-28 100 Gyro Ton 500 $54.28 81 CRUSHED SURFACING TOP COURSE Ton 1500 $5.25 82 CRUSHED SURFACING BASE COURSE Ton 200 $5.25 83 GRAVEL BACKFILL FOR DRYWELLS Ton 700 $6.25 84 TACK OIL Gallon 1500 $2.68 85 PRECAST CONCRETE DRYWELL TYPE A EA 7 $431.24 86 PRECAST CONCRETE DRYWELL TYPE B EA 7 $755.48 87 CATCH BASIN TYPE 1 EA 5 $222.54 88 CATCH BASIN TYPE 2 EA 5 $1,257.25 89 TYPE 1 INLET EA 3 $161.46 90 GRATE INLET TYPE 2, WSDOT EA 3 $1,181.28 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 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: Street Sweeping Services Contract — 2016 Option year GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Motion to award the Street Sweeping Services contract on 2/10/2015. BACKGROUND: In 2015, City staff prepared a Request for Bid for Street Sweeping Services. One bid was received from AAA Sweeping. The proposal was reviewed by staff and found to be responsible and acceptable. This contract may be extend for up to four additional one year terms if the City and Contractor. This will be the first of four terms that may be exercised by the City. The contract specifications note that the City and Contractor may negotiate a rate increase for each option years exercised but shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI -U) or 3%, whichever is less. The CPI -U is 0% for this period. Therefore, there will be no increase in the hourly rates for the 2016 option year. AAA Sweeping has provided a good level of service throughout the 2015 contract year and staff recommends exercising the 2016 option year contract OPTIONS: 1) Approve the contract renewal for street sweeping services, or 2) provide additional direction for staff. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the letter to extend the contract for street and stormwater maintenance services with AAA Sweeping for 2016. BUDGET/FINANCIAL IMPACTS: The estimated cost for this work in 2016 is $490,200 and is part of the 2016 approved budget STAFF CONTACT: Eric Guth — Public Works Director ATTACHMENTS: Contract with Hourly Rate attachment Sis5kane 4,•Valley December XX, 2015 AAA Sweeping, LLC PO Box 624 Veradale, WA 99037 OFFICE OF THE CITY ATTORNEY CARY P. DRISKELL - CITY ATTORNEY ERIK J. LAMB - DEPUTY CITY ATTORNEY 11707 East Sprague Ave., Suite 103 • Spokane Valley, WA 99206 509.720.5105 • Fax: 509.688.0299 ♦ cityattorney@spokanevalley.org Re: Implementation of 2016 option year, Agreement for Street Sweeping Services, 15- 020, executed February 18th, 2015 Dear Mr. Sargent: The City executed a contract for provision of Street Sweeping Services on February 18tH 2015, by and between the City of Spokane Valley, hereinafter "City", and AAA Sweeping, LLC, hereinafter "Contractor" and jointly referred to as "Parties." The Request for Proposal states that it was for one year, with four optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the first of four possible option years that can be exercised and runs through December 31, 2016. The City would like to exercise the 2016 option year of the Agreement. The Compensation as outlined in Exhibit A, 2016 Cost Proposal, includes the labor and material cost negotiated and shall not exceed $490,200.00. The history of the annual renewals is set forth as follows: Original contract amount $ 490,200.00 2016 Renewal $ 490,200.00 All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. If you are in agreement with exercising the 2016 option year, please sign below to acknowledge the receipt and concurrence to perform the 2016 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY AAA SWEEPING, LLC Mike Jackson, City Manager Name Title ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attorney Exhibit A - 2016 Cost Proposal Street Sweeping Services Task/Item Unit Hourly Rate Sweeping, Mechanical Type Hours $156.05 Sweeping, Regenerative Air Type Hours $155.98 Sweeping, High Efficiency Vacuum Type Hours $155.90 Water Truck or Truck Mounter Power Washer Hours $116.83 Foreman Hours $55.00 Dump Truck Hours $116.32 Loader Hours $111.00 H. Ouagetsl2015tLoogrng Tax12O15 12 08 RGA Ado*? Rpr( LTAC rrmoticn.docx CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Department Director Approval: Check all that apply: ® consent ❑ old business business 0 public hearing ❑ iroforrnatian ❑ admin. report ❑ pending legislation D executive session AGENDA ITEM TITLE: Motion Consideration: Allocation of Lodging Tax Funds for 2018. GOVERNING LEGISLATION: State Law RCW 82.06, i -.4- 1d Spokane Valley Municipal Code 3.20 PREVIOUS COUNCIL ACTION TAKEN. Thus far in 2015. the Council has been presented with information pertaining to lodging tax on three previous occasions: • July 14 where we discussed: a Lodging tax in general — what it is and how it may be expended_ o The Lodging Tax Advisory Committee (LTAC) what it is and its robs tri the process. o The Council's role in the process o Council goats and priorities for the LTAC. • August 11 — where Council discussed and reached consensus on the goals and priorities that should be included in the. lodging tax grant application and also communicated to the LTAC. • November 10, 2015 - Admin Report communicating to Council the results of the Lodging Tax Advisory Committee's October 13, 2015 meeting. BACKGROUND; In 2003 the City implemented a 2% hotel/motel tax, the proceeds of which are used to promote conventions and tourist travel to our City. The organizations to which the tax proceeds are distributed are ultimately determined by the City Council which receives a recommendation from the Lodging Tax Advisory Committee. The Advisory Committee is comprised of five members who are appointed by the City Council, The Committee membership must include: • At least two representatives of businesses that are required to collect the tax, • At least two people who are involved in activities that are authorized to be funded by the tax, and • One elected city official who serves as chairperson of the Committee. The Advisory Committee makes its recommendations based upon a combination of vrritten application materials and a orosentotion that is made to them by each applicant. On October 13, 2015, the Lodging Tax Advisory Committee met to consider application materials and presentations from applicants seeking a portion of the $560,000 we have appropriated in the City's 2016 Budget, Presentations were made by the HUB Sports Center, Spokane Valley Heritage Museum, City of Spokane Valley Parks and Recreation and Community and Economic Development Departments, Spokane Sports Commission, Spokane County Fair and Expo, Valleyfest arid Visit Spokane. Following applicant presentations the Committee discussed both the merits of making particular awards to various applicants and how they felt revenues should be allocated. Ultimately, the Committee recommended the following awards be advanced to the City Council for consideration: H li#udgetsy20161Lodging Tax1.2O1512 OS RCA Admin Rprt LTAC rtxrtion.dacx 1) HUB Sports Center 2) Spokane Valley Heritage Museum 3) City of Spokane Valley Parks and Hoc 4) Spokane Sports Commission 5) Spokane Cnty Fair & Expo - marketing 6) Valleyfest 7) Valleyfest Cycle Celebration 8) City of Spokane Valley Comm and Eco Deuelcpr 9) Visit Spokane 40.000 35,800 160, 00,0 200,000 100.000 60,000 10,000 86,750 253,777 40,000 17,200 60,650 121,600 45,000 28.900 3,000 30.000 163.650 946,327 560, O Q0 It is noteworthy that at times some organizations apply for funding through both the Outside Agency and the Lodging Tax award processes. Valleyfest applied for Lodging Tax Funding for 2016, as well as far 2016 Outside Agency funding, and was awarded $13,000 in Outside Agency funding at the September 22, 2015 Council meeting, In previous years both the HUB and Museum have at times availed themselves of this option. OPTIONS: The City Council may only approve applicants and the recommended amounts from the list provided by the Lodging Tax Advisory Committee. The City Council may choose to make awards to all, some, or none of the recommended applicants in the amounts recommended by The Lodging Tac Advisory Committee. RECOMMENDED ACTION OR MOTION: f move to make the following allocation of Lodging Tax fund's for calendar year 2016: HUB Sports Center. $40,000 Spokane Valley Heritage Museum: $17,200 City of Spokane Valley Parks & Rec: 360.650 Spokane Sports Commission: $121,600 Spokane County Fair & Expo. $45,000 Valleyfest: $28, 900 Valleyfesl Cycle Cerebration: $3, 000 City of Spokane Valley Comrnunity and Economic Development Department: $80,000 Visit Spokane: £163,650 BUDGET/FINANCIAL IMPACTS: The 2016 Proposed Budget includes total revenues of $550,360 including $550,000 of lodging taxes. Total expenditures are budgeted at $590,000 including $30,000 to offset advertising at CenterPlace and up to $560,000 to be allocated through this award process. Total expenditures are expected to exceed total revenues by $139,700 and this will be offset through the use of a portion of the fund balance. The fund balance at the conclusion of 2016 is expected to be $120,549 which should be adequate to cover cash flow needs STAFF CONTACT: Mark Calhoun, Deputy City Manager ATTACHMENTS: • Minutes of October 13, 2015, Lodging Tax Advisory Committee meeting. 2 Amount LTAC Applicant Requested Recommend 1) HUB Sports Center 2) Spokane Valley Heritage Museum 3) City of Spokane Valley Parks and Hoc 4) Spokane Sports Commission 5) Spokane Cnty Fair & Expo - marketing 6) Valleyfest 7) Valleyfest Cycle Celebration 8) City of Spokane Valley Comm and Eco Deuelcpr 9) Visit Spokane 40.000 35,800 160, 00,0 200,000 100.000 60,000 10,000 86,750 253,777 40,000 17,200 60,650 121,600 45,000 28.900 3,000 30.000 163.650 946,327 560, O Q0 It is noteworthy that at times some organizations apply for funding through both the Outside Agency and the Lodging Tax award processes. Valleyfest applied for Lodging Tax Funding for 2016, as well as far 2016 Outside Agency funding, and was awarded $13,000 in Outside Agency funding at the September 22, 2015 Council meeting, In previous years both the HUB and Museum have at times availed themselves of this option. OPTIONS: The City Council may only approve applicants and the recommended amounts from the list provided by the Lodging Tax Advisory Committee. The City Council may choose to make awards to all, some, or none of the recommended applicants in the amounts recommended by The Lodging Tac Advisory Committee. RECOMMENDED ACTION OR MOTION: f move to make the following allocation of Lodging Tax fund's for calendar year 2016: HUB Sports Center. $40,000 Spokane Valley Heritage Museum: $17,200 City of Spokane Valley Parks & Rec: 360.650 Spokane Sports Commission: $121,600 Spokane County Fair & Expo. $45,000 Valleyfest: $28, 900 Valleyfesl Cycle Cerebration: $3, 000 City of Spokane Valley Comrnunity and Economic Development Department: $80,000 Visit Spokane: £163,650 BUDGET/FINANCIAL IMPACTS: The 2016 Proposed Budget includes total revenues of $550,360 including $550,000 of lodging taxes. Total expenditures are budgeted at $590,000 including $30,000 to offset advertising at CenterPlace and up to $560,000 to be allocated through this award process. Total expenditures are expected to exceed total revenues by $139,700 and this will be offset through the use of a portion of the fund balance. The fund balance at the conclusion of 2016 is expected to be $120,549 which should be adequate to cover cash flow needs STAFF CONTACT: Mark Calhoun, Deputy City Manager ATTACHMENTS: • Minutes of October 13, 2015, Lodging Tax Advisory Committee meeting. 2 1-0Budgets120164Lociging TTx120WW 12 08 RCA Admin Rprt t TAC rrra[ion.docx • Chart reflecting a history of hotel/motel tax receipts from January 2006 through September 2015. • Fund #105 — HotelfMotel Tax — history of revenues and Pxpenditures 2011 through 2014 Actuals and 2015 and 2016 Budgets. • Lodging Tax Application and Award History for thc: years 2003 through 20J15_ • Separately distributed binder titled "Lodg:ny Mx 2015" that was also utilized by the Lodging Tax Advisory Committee at their October 13, 2015 meeting. 3 MUNI: 1'LS Spokane Vailey Luti!iar. Tax Advisory Committee Inesday, October 1 a-rn. SpokancValic CouneililrLitHer--; 11707 E. Sprqiue Spckaay Val A nendrmv: ccnnon'nfee Members.- Bcd., kicorber th!,;...n I ltiedirber P I Wll/Lr .1E11 Ft. 4.0 pls••• Inn kiewl,er (.7-nra- TILili ): /L'./or, interim Finance Dir. , Accounting Technician City Clerk T. Call hi Order Chair V C2110:`,, LliQtitiN q".1 -(1,1I at 8:30 an, and expiwned the process for nic meeting; said tli each applicant will have iei for their preseniaiiori, and after all presentations, commincy mei-acts would work on ladivi,Liaal scoring sheets. which will then be handed io Ms. Taylor aid Farr, who will show the result's up on the th ic.i 1;:u. purposes, and to come to a oeibertis Council consideration. Chair Wick also itighlighti the ( lbr mse: of Lodging Tax Revenues. Interim Finance Director Taylilr wen' showim4 alloi_yltior_ and LiNItlhincd about the proposed budget ;,-Iticridnieir: [I.c c:11‘cts of 1113 1- nhi 11 :itlincici. the application and selection proces.s. a. v' 1 i iFl rtka.iiienients Ms. Tuylo. oxplained that Council is now limited to ilher acee14 !he rccomimhded 11r; -:"..a..,; of thr, or reject the recommendations and docility 1.0 1 1-rk: ILA ,i1sL. accept .111:2 hal not all proposals. Nis. Taylor nicrit.o.,,...ed that in higher than 1......pcciud, 1 -an res not affect the dollar amouni JL Applicant Presentations; 1. HUB Sports Center Mr. Phil Champlin, 1-11JR EX04_41iive Direrior iliat L. kliikr.,:c has .:21.iw,r.r ',:tays; said he estimated that from 2010 10 .7.015, thc. HUB has had Ln-, million, he mentioned upcoming everus: ar,.1 alC plata !nip for :01 o: sid id their 1.-nkipL1 kis1iLI.J1l but the 1-11lIt's reliance on In 2. Spokane Valley Ideritace Museum Director 111:1:17.1 7:v;,4_:1141C7 'CO A I hiLrSon that the Museum he. been in exi_,AL•ii;:.L.. nt:Av ye.0-s; [Inc of thew ycar-round tourist attractions; mentioned that museums fastesr tlic ryl useum was featured in the Alaska Lnat part oCti-Leir ionrisrr, ir..:10,6;!s becoming a Smithsonian Arid intr. (111 I. CI perinit aL:tual ariil :-;;Lid they arc producing a new rack card '..111.1 !Aar dest3ii the tvinseurit's rec'yiv;› ...housand ii. Ms. Anderson said the:y•\.-s..tors to "log in" so thu-). '!"y in our city. 3. Spokane Valle,y. Parks and Recreation Parks and Reervation Director Mike Stone, Recreation Coordinator Jennifer Papith, and Evergreen Vollcyball Association Cterirtions ManagcriRcgional Championship Director Lindsay Callaghan picaniied thcir iriloriliolioni to ilic commitice; they extended thanks for last year' $ support in helping LTAC Meeting Mirtutes October 13, 2015 Page 1 of 41 l l}`II LILT rl 11' `L'`lil'1';_ r111d ,;tiLil.'1t 11'[121'.' 1114'5^ tica:h IiL1 iIti l:?III r9ti"'.`• 'rd111{i •4t 114 j'f�'L:, "{w111'l:;, .ilii : iii ': ci:uri.; :a}11..t:' IL:'Lii :?I :IL•v t' i,lii4tL1'i 124: L'C't'11;7i11 �' i`I :t.iLIC. ii i`w' ITrIL' 11[IL' llslu: UI tI'1 park [1121 illy,' i I%�41iIn1� Lit '=.'01Alit loch -1+. IL 1:4 today, 11.^.;.) IrIL.'I117i 91 :j 1!il 'I1I,..`D1 I lil L`(hllt':>Si8't,C'111 t4' Ili li til° Lit., usage or tile couits Iti ]114:"a'�]wrll.�: illi 41'.'a: l' 2,1.1 11;1 I9L:;"�I':C: .ill([ iri'n).il:st obsci`b:iii. till I: is clear thL a'ourts;i1'e 1 .' Iti';ii i},'ILI ]11cntiQI11d ['[11 t' ^1. 1I.1L I.L •r: 11111Ir1:'. L,`.]I1`:. Irk 201[7.:51'0:1 Mr. Stolle slated that this Ii:i- h:`in :L ',1(`L1L'j{E71.,!I• i`t'' and he is L"4Lited iii ;x:'h;lt h,: wt`L"4 'ti'1 Li}LIr3�t':; 1'11111 that this will grow; and Sfla lI1 t 11'.' li c. ii1T'11L[i•LI io complete illi; diiiii11It•N ir'1 ;'i -,I14irt 1'1111= els poitile. 4. Spokane Sports Commission whokane Sports Commission Picsitterit ['aic Siar-•yer c.plained tlr : '1i ('i�r11n1i:i.3ia'ie; is a 5O1(L .(3) nonprofit economic and c 1mt➢111tW' I 11:11. Lill"•' ,LCL' Isl:"Illy[ 11as, t:Ve 11 k. that 'illi,. :LL"L yl [Hatch for our region and community. said sports 1.411]' i° ill lw ,1!)lt'ILI L' 'Ic „Rely: 2i}C'111ii iii:':l 1:i 5.14'2 as Plantes Ferry and the golf L(IIc.;c' ioi 1.thc1•ir' 1_<1 .e: saiii t4'll I[ _ ' `-4;rll.w :9"4 IIsi I:1! ;1 412.11 ;1ti lacrosse. In response to a question about ho.A.• 11 ILLII (1;1t=t= L lie:1.(2i'i t.tir i.1L it)`.• L'. 4iL :le: :r iSil approximately 70 acres. Al is rll [•C I5e11:se lit 21 question ,:] t)ti1 illy tiI'':l1lt.]11L't_ Mr_ ;1st"sir ti:tla_1 the ..A.`:Insultants will give a prescntat]•Cln Di tI];'.[1" findings and CL1['1. 111 S'il +. le",4112:71' 1:':i.:ri t1'IL' i}ubltc 1 ,I.: ilities District (PFD) will tri' to identify a funding mechurlir_111; ct i1 iii 1, I],, L' icI,.ii1:lied a contractor lzl; the design -built process so this i4 iner:.'lrly„ forward; and Said they have 2111 ?Iell-A.:,11ICLit witli the Parks l )epartment for the land, . Hpokatne Count him -state Fair and Expo Center Isla: L:1Sir Ria: 1:::9rt!.LII .iiia. Marketing Sales NTanag4;r T.rin Gurtel last year's lundin��, r1Li !,aid the ex•.]iic animal display was very succe siiii: ',aid this ycar 'L 11,000 for marketing LI1C :,til': S; iICI 22,'1.`1' have been able to divert same;uric, :]icy use cr their. ".'.': HL1±122.4`1, from tllaf ketiri t tic' �'litt`:11 1]I:l9L .rlr 141 Illlr.ti.1IL hetter° and different types of entertainment; '.11) the :al-ilil[:I proceeds were up ab•'LII over l.C) 111111iitir' I .:'r tilt- l.. -!ay period; i1id more people are C0[11Ln 111101 rnoiruy. !L'i4. 1 LIrIL' `.rivcI It°1ti lt? °1L11:1.1L tllt'i. 11lrkc_1i1.4 to redirect funds to bring in more unique :I1'Lrt;Linntel}', N1 11;11 ii..`I1 tl'I,It 111Li"' 12-....enit generated over one -thousand room nights in the .a 11-;1.9 I L"r i i I. `,_lid ti i�11I.' Ltllllt t'.'t'?rli i ::llltill'I1i2L. Idaho, Montana. and Oregon; said the carnival has, Iri''I i`I"lil(`1'L.'1 Ilio'• t?i 51`Iil`]11 lr:ve1 with ihem, and that they spent at least $135,000 in fuel, food, and supplies while tile. Chair Wick called fora ten-minute break; the meeting reconvened at 10:05 a.m. (i_ cyfest l i ird Members Stephanie Hughes and Ed Clark explained that Villeyfesi ill lode,; LYS 4 r 2.00 volunteers as well as scores of sponsors, and they estimate Cl'._:r { 000 will attend next year, :1t 4! ''3'IIIIL I1ire tilt?;e people vi11 eat, buy gasoline, and shop; said this annual i:.<: event iodides Diver 21:121 232:,''11. lftlni the rc!ion; and represents $2 million in annual ecr111c't]lic inll)acl_, said they are rer11:c:-IiriA' 40,0100 for marketing to promote Va]leyfest as a tourism destination. I ..•':' t..:11iic1iii. ,,^id he Ntiree:s :with 4•ti.erything siliaut this festival except for the return on the invL';' nicht, and 4'iic :there is. no r;cr'i11111!1 till I L':.''i 1 n l,'l1ts; !,_.id he has been tracking Valleyfest at his hotel for til. s ri vc,Lrs imil eind:2rl 1l[) with only t n room nis.;llt ;it their property. Ms. Hughes inentioried that they arc looking ][l[cI haviii L 2“.2!1(S E71 Sunday, WIlIcli !'k 3aid should increase hotel s-tays; said thi. 411-r k'l 1L.91114�1ti 1riki not h'rg,h-]1:1ii1 .:.44 LLli .4 and are ;!41wiLtg ...,LIPPon; that 1111'- !;,cal }l:':i1i ", ;S :w Support 11: ill. :And she ]`-• ,taking for al Ilow of sone civic pride to IIIi :ti'I'1 tIiLw ::omttiinAty s. tic-itiv';!1: said this Cry,. S4:.rii.s smaller government i',riLI 11`IL ti it t it because the :It]11prolii Nis on this I :ii1'121: s.1i:1 ;rinrlcy ficin th it sponsors pays for 51 11 i:`_i i ;r; til°.c port -a -potties, l`:ul[iI1C .t:lii for building Lhe L'It1 rI:ll11111tr1 Slade. 7 1. f•°,+. ''i.- :lilts!. 'tilirl', fe5October 13, 2015 Page 2 of4 147x. t-Iughcs and Ma Clark caplai led .1a-:,, IIl[ cyti l4: t:L'!L:l?rltlti 1: aiiiit..-;1 :s pail r.it the ten-year ttnnrversrr-v: said they seek L0,000 t[} riiarl.ai i,r the re'_Is n: ll.,tt tc4i _ .'tu avail! will Jiih 30. lila_ :11141 :['1 ril.i+'Iw will start at the north Ccnterl_lialii IIi ale.; ;aitl II1:. .1!k: :a1:lLnlpl:t1ina;I I00-liiilc ridt as this 1:k4:l:i la:l, qaickly become vcly. popular; ,II:[- v.atr ..:iitcrlda;i :c': l4 :'E d tan 11111 1I.c ' ecntr.`111t1ta !tat me h.. to the srttokc in the area from all the Liras: la a: that the CI1Ir:t;It_'e ttt:' L'•I `ti20.(1(3 .:t>ti:!I.; ;� Ic': wEaart, :1.':l, with insurance, security, and Ilz r 1 tdcs. In resIJt' 1 c to a question D1),,'11 !rl�l I-1!' ih eL't' 'Vis. 111 r7IY :- .said they committee doesn't v I1it to do that as thcv want to I;c..p it i1lt:lpl'ns;aa. 8. Spokane Valley Community and Economic Devalopmetlt Planners Mike B[L ing r :i ltd Gloria Miiutr. dia.:a ^-ad the goal of making Spokane Valley a tourism destination; said the bottom line~ is that we I:Itc: ,4: r:, It1 1i:tiliti s that bring in tourism; that they are hear:alg from the citizens and business Lavac;;; lli:ll tliaI l' il: ata. L'llu ]tglt activities that bring :11 visitors or for l'li lli, sztid till y rcvat-irking with Visit Sprk me. to develop a tourism brochure; said Spolanue Valley does wall for retail sales. hut not tcurisrn; and `1s the eorinn inity would support growth to meet the demand lor more t,iingsst141t Ri- pt:rtt.;rining arts, and apec1 iter sports, said our City Digs h::Itird about D du' Itir t4}1]rl`•I]'I Inc! c.:lpital as compared with Spokan C'tyunly ,arid Spokane City; she also explliinu! tile trade ::rai:l tii.`P ti.lt:1 c., ilt� project to identify and invest in facilities or stratcgicrs lo turn oar a 1t1 11:1r u leLlri.ipu 1jt.'.;IIII'll 1:711: x:1:~1 Wei: project has three phases: phase oite will be funded hy'the City; and they are {,skin°r I{} IErlliiil :, It,r I;lI:1I two, which is an evaluation of strategies that were developed in phase one, and performing an economic sensibility study to look at tlx: market patent:al.: C! AT":sit �:+1'•4?Iti:.11lv.: I'i:'.dcnt and C1':c i Cheryl Kildiry t' -x pIFa111Cd1 111Ulr '.II_v :•YIL :i [" 1prl7l organization; l'.'1+:I ts'L'V ''. I'I 11roinoic ?ttrl.rl-IT) rind Vltiltil:- 'Visit Spokta rt' .l+'eSn'i o'vii or operate iiny lt[iL": 111+`:1 •.IP:'1t ii I7':`'!"t111' ...:on -he to our area For the reialattriict11 ;ilal retail: said tiii;;y support all the Hough Ih.. \'i.- SF okane website; said if s.oineonc were to Google what tt'i L{la in Srtokaste Volley, Visit Spo!�P1r11 `ti :tif7II': d.l h one of the Lop three res LJIttics; said they look V'c'0I.1,i[±,, ::::LLY_laowr to ,make: what ih�:�. ;lr:` tl �.:•II1.T ;.`L'c`. 11 l}4.11er; site also r11G[tf. ioried the It lips and Vi t`''l;'.I l`i"ti 1!11 LI dktrl.buted ti.67hies 1: .i71111111tIc'.' 11'.0 1l``cis, 1 1111 V.LT.2 i:O further presentations. 111 mid flT. LTAC Members Derek) 1 and Discuss Fundin Recommendations irair Wick reminded everyone that we have about $560,000 that can be awarded, as compared with the 'Ll16 327 requested. After shots with the recommended allocations were handed to Ms_ Taylor, t't rninittee members' general discussion included comments ftoin. Mr. Fiman that he loakd at what t1I.I ci give a return on investment; said the City needs something, to attract people and feels sorry of these I':cposals won't generate a lot of cash flow; said there is nothing here of significance to brilia people in; - kI he gets several rooms nights associated with the FIL-13 activities, that he highly recomiuurirl; the Iir'ts Commission. and has no complaints about the Fair. Ms. Doering reminded everyone iIa°;t lite Ciry iw looking forward to having some kind of facility as per the additional tax; said that faoilit>' iii not burn ,:L:c:rrrihied and a study is a good strategy; said she wants to support entities within Spoliann °lea •_ s11ti.11 I'tirks and Recreation and Tconomic Development. Mr. Stocker said with his allocatioli.;, la. triad I:1 I elp agencies that were suppaaried il, lac rat, t, and said it would help ;I". the City would ,match his salopar1 at I7ilrl'. and fad; Yrill;'',.fest Cycle could be expanded and become t] xi}k1lir'y nu' 41. ha4 problems \.'i'iliac f.'it., 1a:01at:lllic Development and Yisil Spokane is Ile feels tli,c. City of Sf7[71a11aC Valley wants to crank up their owl tourism department, and ira. secs this as overlapping with visit `tillok,1ML', LTAC (Meting Minutes October 13, 2015 Page 3 of 4 N17_ iThrn,10.1,-*,'12(1iiiEr: cverator, he.shiires r. 1-;iirran's hotchers' sentinnents-! ;11fticult 1LIL Jit his iero-dollar amounts for some Iraye noiltiou, to do vit[ thc LA,i ity but rai:ici generate tu L1i' hul I ectinont...= property's occupancy is from losi year, that din. tIi1 LcL any. "ironman event roonn 11 apt. \'allcya Cocur cl-Alenc:Iis triat it used to 1.1,: LL.,out compl,eion andg,t1n11 e_g .ne [roil'. downtown Spokane, but that today, !-Io is hesitant to spread that the 1-11.1B roorrh o1ic.1 ht.! v..orild ila.to scL: orporomitEe:; for the 111 B to expan* the Museum largely available for tor family r..,i iEii activilis Linn (:ity ha.; approved the V4ilkyl-rall t.;ourl IL iii.. I1tiI1L' k disappointi, and be is not opposed to lii splash pads, hu: Litker see the lunds 2.',1 co thu coirri.:- he stressed Ii importance of Ale S:prtV. Cominksiori: saki hd I )o,Tiri, Valleykst but it is not an economic driver for hotel r(ioins; thn-: the cycleri 111 :Are a most all lo I people; Visit Spokane's maps are wonderful but Imo the Irul& peoplc it) are already ....:oadunted., Slid/le feels the "stiiy- will :allure miuld',iin.11.7,..m111s', and las nothing of significance to generate rormii mentioned that ii hope. ihat (...enterPlacc would put in for their funding instead of jus Lcii.i Clmir \\rid; sad there has been a lot of discus3ion about destinatii...us. \dun ih :doviitt2. fou.Hd_ and said he feels the study will provide (ho so we can IiiHUi. '1:.1.)1tv bi1.0 1;11,1vi,. imutionod the p05.itivc aFpc.,:ns. of Browns Park and the investinciir, far the oNir-i!:,. ‘vell as the neigthborhood side of the parks: said voc don't Ivan( I (.:.!"..t: triomentuni I (lie ecuris. iVIr. Cameron mer.tioncil tile idea o! in a p1-itine lor sijilmmy ..Nclf-rundcd ,sheiher or Corininuc:c has n seed 111011ey EDI the Claire eV/ell ycar.-; Ime still (Am 'I. A!, cidil-K-1:-.0-ions killivirltial Committee irk:miler's propo:-;ed allocaticn:;. ina th year this rneet ,:lm:etivf.-s., and she suggest.cd some IIIiI .roffi Sone :Inc io other agencies. Altdr oTnrnittec iiie rs 0111 111^.112d I:1dr d aboui. iIi.e vuliolis locat ion Amounts. it 1V im1i nao ved by Mr. ( .\L't fr 0.1,ki 2i .1! fOlb..11,17.117.`,Z 19 id, eq. ion to Council: The I I U ryhr!.irr:= :;i City of SpokarL! PArk,s; ',.j11.:11..ncation: $60650 .Sports Commission: $121,600 Fair and ll'xpo Center: $45,000 $28,900 vallcylest C.Ncle Celebration: $3,000 Spokane. $80,000 Visit Spokanct. TOTAL! .:Iii WkLinciiiioned upcoming Council dates for this issue, as well, as this Committee's meeting dates For ricxt year. 11 IFCJS PPA'ed Mr sccouckd ;JO whi.qio.rou.,,,5-( t,. iJ o IIio 11.111 J.Liiti)11!1::12j ut 12:5.0 p.m. Respectfully suhn tied_ Chris Bairbri4c, Spokane Valley Liiy ILk LTAC Meeting Tvlinutes October ]3, 2015 Page 4 of 4 P:1FinancelFinance Activity RepartslTax RevenuelLodging Tax120151105 hotel motel tax 2015.xlsx CITY OF SPOKANE VALLEY, WA Hotel/Motel Tax Receipts through - Seprembe Actual for the years 2006 through 2015 January February March April May June July August September 2006 1. 2007 J 200.8 1 2009 1 2010 1 2011 1 2012 1 2013 1 2014 1 2015 20,653.49 20,946.09 24,308.48 34,371.82 32,522.06 34,256.71 49,744.62 45.916.16 50,126.53 25,137.92 25,310.66 29,190.35 37,950.53 31,371.01 36,267.07 56,281.99 51,120.70 57,260.34 28,946.96 24,623.06 27,509.99 40,406.02 36,828.53 46,659.88 50,421.37 50,818.35 60,711.89 23,280.21 23,283.95 25,272.02 36,253.63 32,588.80 40,414.59 43,950.26 50,146.56 50,817.62 22,706.96 23,416.94 24,232.35 39,463.49 34,683.32 39,935.36 47,385.18 54,922.99 59,418.96 22,212.21 22,792.14 24,611.28 38,230.49 33,790.69 41,403.41 49,311.97 57.451.68 58,908.16 21,442.32 21,548.82 25,654.64 52,130.37 37,478.44 43,970.70 52,818,60 57,229.23 64,298.70 24,184.84 25,974.98 27,738.65 40,979.25 40,560.41 47,850.15 56,157.26 63,816.45 70,794.09 10129/2015 2015 to 2014 Difference 25,425.40 27,092,20 1,667 6.56% 26,013.82 27,111.00 1,097 4.22% 29,383.93 32,998.14 3,614 12.30% 48,245.81 50,454.72 2,209 4.58% 41,122.66 44,283.17 3,161 7.69% 52,617.63 56,975.00 4,357 8.28% 61,514.48 61,808.87 294 0.48% 70,383.93 72,696.67 2,313 3.29% 76,099,59 74,051.29 (2,048) (2,69%) Total Collections 312,845.96 349,890.57 366,926.05 326,007.64 346,165.55 348,712.03 376,571.82 398,056.08 430,807.05 447,471.06 16,664.01 3.87% October 38,674.17 43,969.74 38,290.46 36,784.36 41,272.35 39,028.08 43,698.90 43,835.57 45,604.07 0.00 November 36,417.11 36,340.64 35,582.59 34,054.79 34,329.78 37,339.36 39,301.22 42,542.13 39,600.06 0.00 December 29,147.15 31,377.41 26,290.11 27,131.43 26,776.84 32,523.19 30,432.13 34,238.37 33,256.28 0.00 Total Collections 417,004.39 461,578.36 467,089.21 423,978.22 448,544.52 457,602.66 490,004.07 518,672.15 549,267.46 447,471,06 Budget Estimate 350,000.00 400,000.00 400,000.00 512,000.00 380,000.00 480,000.00 430,000.00 490,000.00 530,000.00 510,000.00 Actual over (under) budg 67,084.39 61,578.36 67,089.21 (88,021.78) 68,544.52 (22,397.34) 60,004.07 28,672.15 19,267.46 (62,528.94) Total actual collections as a % of total budget 119.17% 115.39% 116.77% 82.81% 118.04% 95.33% 113.95% 105.85% 103.64% n/a % change in annual total collected 7.54% 10.67% 1.19% (9.23%) 5.79% 2.02% 7.08% 5.85% 5.90% n/a % of budget collected through September 89.38% 87.47% 91.73% 63.67% 91.10% 72.65% 87.57% 81.24% 81.28% 87.74% % of actual total collected through September 75.01% 75.80% 78.56% 76.89% 77.18% 76.20% 76.85% 76.75% 78.43% nfa Chart Reflecting History of Collections through the Month of September 500,000.00 450,000.00 400,000.00 350,000.00 300,000.00 250,000.00 200, 000.00 150,000.00 100,000.00 50,000.00 0.00 2006 2007 September 2008 2009 2010 2011 2012 2013 2014 2015 Septernber August July • June • May • April • March • February • January Page 23 CITY OF SPOKANE VALLEY, WA 2015 Budget Amendment and 2016 Budget Fund #105 - Hotel 1 Motel Tax Fund Actuals for 2011 through 2014 - 2015 and 2016 Budgets Revenues Hotel/Motel Tax Investment Interest Subtotal revenues H:\Budgets\2016\105 Rev and exp by CTaylor,xisx Actual 2011 1 2012 2013 2014 2015 As Adopted As Amended 5/28/2015 7/14/2015 7/27/2015 9/18/2015 2016 Budget 457,603 490,004 518,672 549,267 510,000 550.000 550,000 454 592 387 299 300 300 300 458,057 490,596 519,059 549,566 510,300 550.300 550,300 Expenditures Tourism Promotion - contracted 472,481 511,756 30,000 0 City directed marketing efforts 0 0 0 Interfund Transfers - #001 CenterPlace 0 30,000 0 30,000 30,000 Tourism Promotion 0 0 458,904 546,545 570,00 Subtotal expenditures 472,481 541,756 488,904 576,545 600, 600,000 590,000 Revenues over (under) expenditures (14,424) (51,160) 30,155 (26,979) Beginning fund balance 272,356 , 257,932 206,772 , 236,927 Ending fund balance 257,932 206,772-j 236,927 209,948 1 8.,248 160,248 120,548 0 0 0 0 0 0 30,000 30,000 570,000 560,000 (49,700) (39,700) 209,948 160,248 2015 Awards by Agency HUB Sports Center Spokane County Fair & Expo - marketing Spokane County Fair & Expo - interim marketing Spokane County Fair & Expo - exotic animal display Spokane Regional Sports Commission Spokane Valley Heritage Museum Valleyfest - marketing Visit Spokane City of Spokane Valley - volleyball courts at Browns Park City of Spokane Valley - CenterPlace - marketing regional events Spokane River Forum 40,000 30,000 8,000 6,000 120,000 18,400 31,600 230,000 68,000 17,000 1,000 570,000 for LTAC H:\8udgets\2015\todging Tax\Lodging Tax Award History 03.15.xlsx CITY OF SPOKANE VALLEY, WA Lodging Tax Application 1 Award History For the years 2003 through 2015 AGENCIES 2003 2004 2005 2006 2007 Application I Award Application Award Application I Award Application J Award 07 Apply 07 Award Sprg 07 Apph Sprg 07 Awar Arrned Forces & Aerospace Museum 3,327 0 2531 0 0 0 0 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 0 0 0 0 147,500 0 CenterFlace - marketing 0 0 0 40,000 0 0 0 40,000 0 40,000 0 0 CenterPlace - marketing to regional meeting planners 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Volleyball courts 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Directed Marketing 0 0 0 0 0 0 0 0 0 0 0 0 Chamber of Commerce 0 0 0 0 15,440 0 15,440 5,000 50,000 50.060 50.000 50,000 Evergreen Regional Volleyball Court Expansion 0 0 0 0 0 0 0 0 0 0 0 0 Fair & Expo Marketing 58,376 17,500 35,000 25,000 21,000 18,000 0 0 20,006 20,000 0 0 Fairgrounds 0 0 21,000 15,000 0 0 0 0 0 0 0 0 Friends of Centennial Trail 23,480 0 2,060 2,000 0 0 9,000 0 0 0 0 0 HUB Sports Center 0 0 0 0 0 0 0 0 0 0 0 0 Inland Dance Association 0 0 0 0 0 0 2,535 0 0 0 2,535 0 Inland NW Sr. Wellness Conference 12,500 0 0 0 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 20,000 0 0 0 0 0 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 0 0 0 0 0 0 0 0 0 0 Plantes Ferry Park 0 0 71,842 20,000 0 0 23.876 0 30,000 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 0 0 15,000 12,500 0 0 Splash -Down Family Waterpark 230,000 0 0 0 0 0 0 0 0 0 0 0 Spa Con 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Arts Commission 15,000 0 0 0 0 0 0 0 0 0 0 0 Spokane County Fair & Expo Center 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Horse Breeders of Inland NW 5,830 0 0 0 0 0 0 0 0 0 0 0 Spokane Polo Club 30,100 0 0 0 0 0 0 0 0 0 0 0 Spokane Regional Sports Commission 120,000 52,200 150,000 100,000 100,000 75,000 100,000 84,000 100,000 100,000 0 0 Spokane River Forum 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Symphony 20,000 0 20,000 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 40,000 1,000 0 0 22,100 10,000 49,104 5,000 27,450 10,000 0 0 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Winery Association 3,285 0 8,250 2,000 0 0 0 0 0 0 7,500 7,500 Sports USA Sports Complex 103,000 0 0 0 0 0 0 0 0 0 0 0 SV Junior Soccer Association 96,642 24,800 71,842 0 0 0 4,000 4,000 0 0 17,000 30,300 U.S. Figure Skating 0 0 0 0 0 0 0 0 0 0 0 0 Valleyfest 19,724 2,800 49,700 0 27,200 15,000 25,900 15,000 30,000 25,000 5,000 5,000 Valfeyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 0 0 0 0 6,000 0 Visit Spokane (Spekanc Visitor Convention -Bureau) 200,000 83,700 250,000 150,000 200,000 136,000 200,000 165,000 175,000 175,000 78,000 78,000 WebMaker 39,000 0 0 0 0 0 0 0 0 0 0 0 YMCA 50,000 18,000 12,000 6,000 12,000 6,000 17,000 7,000 0 0 0 0 YMCA Skateboard Park 0 18,000 0 0 0 0 0 0 0 0 0 0 Total 1,090,264 218,000 694,165 360,000 397,740 260.000 446,855 325,000 447,450 432,500 313,535 170,800 Page 1 of 3 H:\Budgets12015\Lodging Tax\Lodging Tax Award History 03-15,xlsx CITY OF SPOKANE VALLEY, WA Lodging Tax Application 1 Award History For the years 2003 through 2015 AGENCIES 2008 2009 2010 2011 2012 Application l Award Application 1 Award Application Award Application 1 Award Rnd 1 App 1 Rnd 1 Awrd Rnd 2 App l Rnd 2 Awrd Armed Forces & Aerospace Museum 0 0 0 0 0 0 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 0 0 0 0 0 0 CenterPlace - marketing 90.000 90,000 0 90,000 0 37,500 0 0 0 30,000 0 0 CenterPlace - marketing to regional meeting planners 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Volleyball courts 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Directed Marketing 0 0 0 0 0 0 0 0 0 0 0 0 Chamber of Commerce 155,000 0 0 0 0 0 0 0 0 0 0 0 Evergreen Regional Volleyball Court Expansion 0 0 0 0 0 0 0 0 0 0 0 0 Fair & Expo Marketing 30,000 30,000 30,000 18,250 0 0 0 0 0 0 0 0 Fairgrounds 0 0 0 0 0 0 0 0 0 0 0 0 Friends of Centennial Trail 0 0 0 0 0 0 0 0 0 0 0 0 HUB Sports Center 0 0 0 0 0 0 40,000 40,000 50,000 42.600 0 0 inland Dance Association 0 0 0 0 0 0 0 0 0 0 0 0 Inland NW Sr. Wellness Conference 0 0 0 0 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 0 0 0 0 0 0 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 0 0 0 0 0 0 0 0 5,000 0 Plantes Ferry Park 0 0 0 0 0 0 0 0 0 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 0 0 0 0 0 0 Splash -Down Family Waterpark 0 0 0 0 0 0 0 0 0 0 0 0 Spa Con 0 0 0 0 0 0 0 0 70,131 0 0 0 Spokane Arts Commission 0 0 0 0 0 0 0 0 0 0 50.000 0 Spokane County Fair & Expo Center 0 0 0 0 0 0 0 0 0 0 30,000 25.900 Spokane Horse Breeders of Inland NW 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Polo Club 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Regional Sports Cornmisskon 175,000 145,000 190,000 115,000 150,000 120,000 165,000 165,000 200,000 185,000 0 0 Spokane River Forurn 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Symphony 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 0 0 30,260 3,250 11.600 5,000 5,000 5,000 5,000 3,900 5,000 1,100 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 0 0 25,000 0 Spokane Winery Association 8,300 6,300 9,000 0 0 0 0 0 0 0 0 0 Sports USA Sports Complex 0 0 0 0 0 0 0 0 0 0 0 0 SV Junior Soccer Association 0 0 0 0 0 0 0 0 0 0 0 0 U.S. Figure Skating 0 15,000 0 15,000 0 0 0 0 0 0 0 0 Valleyfest 40,000 30,000 50,000 27,500 50,000 30,000 50,000 36,000 50,000 0 50,000 30,000 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 0 0 0 0 0 0 Visit Spokane (Spokane4isiter Convcntien-Bu eau) 325,000 306,000 335,000 236,000 275,000 195,000 250,000 250.000 0 0 275,000 251720 WebMaker 0 0 0 0 0 0 0 0 0 0 0 0 YMCA 0 0 0 0 0 0 0 0 0 0 0 0 YMCA Skateboard Park 0 0 0 0 0 0 0 0 0 0 0 0 Total 823,300 624.300 645,260 505,000 486,600 387,500 510,000 496,000 375,131 261,500 440,000 308,720 Page2of3 H:1Budgets120151Lodging Tax\Lodging Tax Award History 03-15.xlsx CITY OF SPOKANE VALLEY, WA Lodging Tax Application / Award History For the years 2003 through 2015 AGENCIES 2013 2014 2015 Application f Award Application 1 Award Application j Award Armed Forces & Aerospace Museum 0 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 CenterPtace - marketing 0 30,000 30,000 30,000 30,000 30,000 CenterPlace - marketing to regional meeting planners 0 0 0 0 30,000 17,000 City of Spokane Valley - Volleyball courts 0 0 0 0 120,000 68,000 City of Spokane Valley - Directed Marketing 0 55,000 0 0 0 0 Chamber of Commerce 0 0 0 0 0 0 Evergreen Regional Volleyball Court Expansion 0 0 7,500 7,300 0 0 Fair & Expo Marketing 0 0 0 0 0 0 Fairgrounds 0 0 0 0 0 0 Friends of Centennial Trail 0 0 6,600 0 0 0 HUB Sports Center 50,000 21,100 40,000 36,000 40,000 40,000 Inland Dance Association 0 0 0 0 0 0 Inland NW Sr. Wellness Conference 0 0 0 0 0 0 Latah Creek Wine Cellars 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 5,000 0 0 0 Plantes Ferry Park 0 0 0 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 Splash -Down Family Waterpark 0 0 0 0 0 0 Spo Con 0 0 0 0 0 0 Spokane Arts Commission 0 0 0 0 0 0 Spokane County Fair & Expo Center 30,000 27,800 50,000 39,800 44,000 44,000 Spokane Horse Breeders of Inland NW 0 0 0 0 0 0 Spokane Polo Club 0 0 0 0 0 0 Spokane Regime' Sports Commission 200,000 150,200 200,000 183,800 200,000 120,000 Spokane River Forum 0 0 0 0 1,000 1,000 Spokane Symphony 0 0 0 0 0 0 Spokane Valley Heritage Museum 12,000 6,400 20,000 13,100 28,209 18,400 Spokane Valley Soccer Club 0 0 0 0 0 0 Spokane Winery Association 0 0 0 0 0 0 Sports USA Sports Complex 0 0 0 0 0 0 SV Junior Soccer Association 0 0 0 0 0 0 U.S. Figure Skating 0 0 0 0 0 0 Valleyfest 50,000 35,200 50,000 20,000 64,000 31,600 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 Visit Spokane (SfsekeneVi iter Genvention Bureau) 350,000 184,800 280,000 247,000 328,430 230,000 WebMaker 0 0 0 0 0 0 YMCA 0 0 0 0 0 0 YMCA Skateboard Park 0 0 0 0 0 0 Total 692,000 510,500 689,1001 577,0001 885,6391 600,000 Page 3 of 3 3t1212015 Total Application I Award 5,858 0 147,500 0 150,000 457,500 30,000 17,000 120,000 68,000 0 55,000 285,880 105,000 7,500 7,300 194,376 128,750 21,000 15,000 41,080 2,000 220,000 179,700 5,070 0 12,500 0 20,000 0 10,000 0 125,718 20,000 15,000 12,500 230,000 0 70,131 0 65,000 0 154,000 137,500 5,830 0 30,100 0 2,050,000 1,595,200 1,000 1,000 40,000 0 255,723 82,150 25,000 0 36,335 17,800 103,000 0 189,484 59,100 0 30,000 611,524 303,100 6,000 0 3,522,430 2,688,220 39,000 0 91,000 37,000 0 18,000 8,937,039 6,036,820 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 2015 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ❑ • new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Request to Participate via telephone January 5, 2016 Council meeting GOVERNING LEGISLATION: City Governance Manual, Chapter 1, C7: "7. Councilmember Meeting Participation by Telephone/Video Conference Telephone/video conference participation by Councilmembers may be allowed provided that a quorum of Councilmembers shall be physically present for the Council meeting in question, and provided technical availability and compatibility of electronic equipment enables the conferencing Councilmember(s) to hear the proceedings, be heard by those present, and participate in Council discussion. More than one Councilmember may request participation via telephone for the same meeting, provided that those Councilmembers would be able to be reached at the same phone number, as the Council Chamber's current system can only accommodate the use of one telephone number per meeting. a. Requests to use telephone/video conference participation shall be approved by the Council by motion. Such participating Councilmember(s) shall be present and counted. So as not to disrupt the Council meeting, adequate notice shall be given to allow appropriate setup in time for the beginning of the meeting. b. Telephone/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings, and the requesting Councilmember(s) shall declare that (s)he has reviewed the associated material (if any) provided for those hearings and/or proceedings prior to the time the vote will be taken by Council." PREVIOUS COUNCIL ACTION TAKEN: n/a BACKGROUND: Councilmember Gothmann has indicated he will be out of town January 5, 2016, but would like to participate in the meeting via telephone conference call. OPTIONS: Council Discretion. RECOMMENDED ACTION OR MOTION: Move to approve Councilmember Gothmann's request to participate in the January 5, 2016 Council meeting via telephone conference. BUDGET/FINANCIAL IMPACTS: STAFF/COUNCIL CONTACT: Couniclmember Gothmann ATTACHMENTS: Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action December 8, 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: Extension and Renewal of Moratorium on Mining GOVERNING LEGISLATION: RCW 36.70A.390; RCW 36.70A; SVMC 19.120.050. PREVIOUS COUNCIL ACTION TAKEN: Council adopted a moratorium on mining and mineral product manufacturing on February 24, 2015 and adopted findings of fact on April 28, 2015. Council repealed and replaced the original moratorium on mining pursuant to Ordinance No. 15- 013 on June 30, 2015, and adopted findings of fact for the replacement moratorium on August 25, 2015. BACKGROUND: The City adopted a moratorium on mining and mining site operations on February 24, 2015 as set forth in Ordinance No. 15-005, and subsequently adopted findings of fact justifying the moratorium on April 28, 2015, pursuant to Ordinance No. 15-009. In order to ensure full notice and opportunity for public involvement regarding the moratorium, on June 30, 2015, the City adopted Ordinance No. 15-013 to repeal Ordinance Nos. 15-005 and 15-009 and to re-establish the moratorium and provide for another public hearing on the moratorium on mining and mining site operations. The City subsequently adopted findings of fact justifying the reestablishment of the moratorium on August 25, 2015, pursuant to Ordinance No. 15-015. Pursuant to state law, the City established a work plan in both Ordinance No. 15-005 and Ordinance No. 15-013 to undertake its Comprehensive Plan update to determine if mining is an appropriate use of the City's industrial land given the unique permanence of mining. With the establishment of the work plan, State law authorizes the moratorium to remain in effect for one year. Section 5 of Ordinance No. 15-013 provides for the moratorium to last "until 11:59 p.m. on February 23, 2016, unless repealed, extended, or modified by City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390." RCW 36.70A.390 authorizes the City to adopt a six-month renewal and extension of an existing moratorium, provided the City first conducts a public hearing and adopts findings of fact justifying the renewal and extension of the moratorium prior to such renewal. Further, Section 5 of Ordinance No. 15-013 expressly recognizes the City's authority to renew and extend or modify the moratorium on mining. Although the City continues to work on its Comprehensive Plan update, staff does not believe the City will be able to complete the Comprehensive Plan by February 23, 2016. Accordingly, staff believes it is appropriate for City Council to consider a renewal of the moratorium on mining while the City continues through its Comprehensive Plan update. Pursuant to RCW 36.70A.390, the City Council will conduct a public hearing on the renewal of the moratorium on mining and subsequently determine whether renewal, extension, and/or modification or clarification of the moratorium is appropriate. If so, the City Council must consider and adopt findings of fact related to the renewal of the moratorium. At that time, the City Council may consider renewing the moratorium as -is for up to six months or renewing it with clarifications or modifications that Council may deem to be appropriate given input from the public hearing. Independent of the action taken by City Council on the mining moratorium extension, staff continue to work through the Comprehensive Plan update process, which includes giving due consideration to the appropriateness of mining and mining site operations within the City. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney; Cary Driskell, City Attorney; John Hohman, Community and Economic Development Director ATTACHMENTS: Ordinance No. 15-013; Ordinance No. 15-015. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-013 AN EMERGENCY ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, ADOPTING A MORATORIUM ON MINING, M1NERIAL PRODUCT MANUFACTURING, REPT ALING ORDINANCE NOS, 15-00S AND 15-009, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley (,;Cit},") is in the process of developing its 2015 Comprehensive Plan Update; and WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City is authorized to "make: and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws,," which includes the adoption of regulations governing land uses within the City; and WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, cr interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing such a longer period_ A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed for cne or more six-month periods if a subsequent pubic hearing is held and findings of fact are made prior to each renewal," and WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.3n0 is a method by which local governments may preserve the status quo so that new plans and regulations will not he thwarted or rendered moot by intervening development, and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing, provided the City conducts a public hearing on the moratorium within 60 days of the date of adoption of the moratorium; and WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the requirements ofa threshold determination under the State Environmental Policy Act; and WHEREAS, pursuant to RCW 36,70A.170 RCW, the City is required to designate "where appropriate.,.[m]ineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals"; and WHEREAS, pursuant to RCW 36,70A.06O, the City is required tc adopt development regulations to assure conservation of mineral resource lands designated under BCW 36.70A.170; and WHEREAS, the City has not designated any mineral resource lands within its boundaries nor has it developed regulations specific to minersal resource lands; and Ordinance 15-013 Page 1 of 5 WHEREAS, pursuant to Spokane Valley Municipal Code ("SVMC") 19.120.050, raining is currently a permitted heavy industrial processing use within the heavy industrial (I-2) zone; and WHEREAS, the City's currently adopted Comprehensive Plan contains several goals and policies for the appropriate development of industrial lands, including the following: Goa] LUG -10; Provide for the development of well-planned industrial areas and ensure the long-term holding of appropriate land in parcel sizes adequate to allow for future development as industrial LSCS_ LUP-1 1.2; Conversion of designated industrial Lands to other uses should be strictly limited to ensure an adequate land supply; and WHEREAS, the City has existing gravel mining operations within its industrial zone taking up significant acreage, which result in large open pits once the mining use is completed. Once a mine is opened, the impacts on the land may be irreversible even with appropriate reclamation planning. These impacts are permanent and can limit future industrial or other productive use of the site, even after the mine closes; and WHEREAS, the City has a finite amount of available undeveloped industrial land; and WHEREAS, pursuant to chapter 36.70A RCW, as part of the Comprehensive Plan Update Process, the City will analyze and complete an inventory of available industrial lands and review designation and regulation of mineral resource lands in order to reach a reasoned policy decision in the interest of public health, safety and welfare that addresses (a) consideration of where, if anywhere, designation of mineral resource lands may he appropriate within the boundaries of the City, and (b) whether mining and mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, are compatible when undertaken on industrial lands andfor elsewhere within the City; and WHEREAS, additional time is necessary to allow the City to continue the development and completion of its Comprehensive Plan Update, including the determination of what the City's long-term goals are with regard to mining and mining site operations within its jurisdictional limits; and WHEREAS, new proposals for mining and mining site operations that may be submitted pending the completion of the Comprehensive Plan Update process would pose an imminent threat to public health and safety because they can permanently alter the built environment and limit the City's choices in the exercise of its land use authority, thereby thwarting the Comprehensive Plan Update process and impairing the City's ability to reach a reasoned policy approach related to industrial land capacity, determining where, if anywhere, designation of mineral resource lands would be appropriate, and determining what the City's long-term goals and policies are with regard to mining and mining site operation; and WHEREAS, a moratorium an mining and mineral product manufacturing wilt maintain the status quo by prohibiting issuance of City permits and licenses for new mining operations beyond those presently vested while the City undertakes development and completion of its Comprehensive Plan Update. including giving due consideration to the determination of where, if anywhere, designation of mineral resource lands may be appropriate and determining what the City's long-term goals are with regard to mining and mining site operations within its jurisdictional limits; and WHEREAS, an February 24, 2015, the City Council adapted Ordinance No. 15-005, imposing and establishing a moratorium on submission, acceptance, processing, modification or approval of any Ordinance 15-013 Page 2 of 5 permit applications or licenses by or for mining andlor related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching; and WHEREAS, pursuant to Section 4 of Ordinance No. 15-005, the City Council set March 24, 2015 at 6:00 p.m. at City Hall as the date, time and location for a public hearing on the moratorium; and WHEREAS, on March 6, 2015, a. summary of Ordinance No. 15-005 was published in the Valley News [Herald, the City's newspaper of general circulation, which summary included the statement "Section 4 sets March 24, 2015 as the date for a public hearing"; and WHEREAS, there were articles regarding the moratorium and pending public hearing prior to the public hearing that were published in local newspapers that included reference to the public hearing an the moratorium; and WHEREAS, the agenda for the meeting on Hardt 24, 2015,.which included reference to the public hearing on the moratorium, was posted on the City's website and provided to members of the City's agenda packet distribution list via email in advance of March 24.2015; and WHEREAS, on March 24, 2015, the City Council conducted a, public hearing on the moratwriutn imposed and established pursuant to Ordinance No. 15-005 and received written testimony from hoc• interested parties and six interested parties spoke at the public hearing; and WHEREAS, on April 2S, 2015, after giving due consideration to the public testimony received, the City Cuuncil adopted Ordinance No. 15-009 adopting findings of fact justifying the moratorium on mining established pursuant to Ordinance No. 15-005; and WHEREAS, though public information and notice was provided of the publichearing, there was no formal publication of notice of the public hearing in the City's official newspaper as is the City's practice; and WHEREAS, repeal of Ordinance No. 15-005 and Ordinance No. 15-009 and re-establishment of an emergency moratorium on reining andlor related mining site operations with a new public hearing preceded by new and more broadly disseminated public notice is appropriate to ensure full notice and opportunity for interested parties to provide comments on the moratorium; and WHEREAS, the City Ccunc11 finds that the moratorium imposed and established by this Ordinance is necessary for the immediate preservation of the public health, public safely, public property and public. peace. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Preliminary Findi. The City Council hereby adopts the above recitals as findings of fact in support of this Ordinance. Section 2. Moratorium Established. A. The City Council hereby declares an emergency and imposes a moratorium upon the submission, acceptance, processing, modification or approval of any permit applications or licenses by or far mining andfor related mining site operations, such as excavation, mineral product manufat:turing, mineral processing, stockpiling, and mineral Welling. Ordinance 15-013 Page 3 of5 B. Nothing herein shall affect the processing ar consideration of arty existing and already - submitted complete land -use ar building permit applications that may be subject to vested rights as provided under Washington law. C. This mcaratorium shall not affect any mining or mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, that were in existence and in continuous and [awful operation as of the effective date of this Ordinance. Section 3. Work Plan. The following work plan is adapted to address the issues involving the City's consideration and regulation of mining: A. The City of Spokane Valley Planning Commission (Planning Commission") is hereby authorized and directed to hold public hearings and public meetings to fully receive and consider statements, testimony, positions, and other documentation or evidence related to the public health, safety, and welfare aspects of mining uses. Specifically, the Planning Commission shall consider mining in its consideration and deliberations for the City's 2015 Comprehensive Plan Update and shall develop proposals for mining and mining site operations within the City's 2015 Comprehensive Plan Update to be forwarded and recommended to the City Council for its consideration. The schedule for the City's 2015 Comprehensive Plan Update process is included in the City's Public Participation Program, adopted by the City Council on January 6, 2015, which identifies phases of the Comprehensive Plan Update process and anticipated meeting dates relevant to each of the phases. B. Lipon adoption oldie City's 2015 Comprehensive Plan Update, the Planning Commission shall work with City staff and the citizens of the City, as well as all public input received, to develop proposals for regulations pertaining to mining and mining sire operations to be forwarded and recommended to the City Council for its consideration. Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390, the City Council shall conduct a public hearing on July 28, 20l5 at 6:00 p.rn., or as soon thereafter as the matter may be heard, at the City of Spokane Valley City Hall, City Council Chambers, 11707 East Sprague, Spokane Valley, 99206, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the moratoriurn set forth in this Ordinance. Section 5. Duration. The moratorium set forth in this Ordinance shall be in effect as of the date of this Ordinance and shall continue in effect until 11:59 p.m. on February 23, 2016, unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390, Section 6. Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ord inance is hereby ratified and affirmed. Section 7. Reveal. Ordinance No. 15-005 and Ordinance No. 15-009 are hereby repealed in their entirety and shall be without any force or effect as of the effective date of this Ordinance as set forth in Section 9 below. Section S. Severabiiittv. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 9. Declaration of Emerr enc5r: Effective Date. This Ordinance is designated as a public emergency necessary for the protection of public health, safety, and welfare and therefore shall take effect immediately upon adoption by the City Council. Ordinance [ 5-013 Page 4 of5 Passed by the City Council this 34th day of June, 20l 5. A City Clerk, Chrisk(ne Baisibridgie Approve as Fora:: ee Dean Grafos, Mayor Date of Publication:C Office o Attorney Effective Date: June 30, 2015 Ordinance 15-013 Page 3 04'5 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WAS1INGTON ORDINANCE NO. 15-015 AN ORDINANCE OF TRE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE ADOPTION OF ORDINANCE NO. 15-013 AND THE REPEAL OF ORDINANCE NOS. 15.005 AND 15-009 AND ESTABLISHMENT OF A MORATORIUM ON MINING, MINERAL PRODUCT MANUFACTURING, AND OTHER MATTERS RELATING THERETO_ WHEREAS, the City of Spokane Valley ("City") is in the process of developing its 2015 Comprehensive Plan Update; and WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley is authorized to "make and enforce within its limits all such local police, sanirary and other regulations as are not in conflict with general laws," which includes the adoption of regulations governing land uses within the City; and WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinaitice, or interim official control adopted under this section may he effective for not longer than six months, but may be effective for up to ane year if a work plan is developed for related studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal;" and WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method by which local governments may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium, interim zoning map, interim zoning ordinance, ar interim official control prior to holding a public hearing, provided the City conducts a public hearing on the moratorium within 64 days of the date of adoption of the moratorium; and WHEREAS, pursuant to RCW 35A.63.220 and 1 CW 3630A,390, on June 30, 2015, the City adopted Ordinance No. 15-013 establishing a moratorium upon the submission, acceptance, processing, modification or approval of any permit applications or licenses by or for mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching and repealing Ordinance Nos. 15-005 and 15-009; and WHEREAS, pursuant to RCW 35A.63.22.0, RCW 36,70A.390, and Ordinance No. 15-013, on July 28, 2015, the City Council conducted a public hearing on the adoption c,[Ord .nance No. 15-013 and the establishment of a moratorium on mining andior related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and min .rai balckhing and the repeal of Ordinance Nos. 15-005 and 1.5-009; and Ordinance 15-015 Findings of Fact on Mining Moratorium Page 1 of5 WHEREAS, two written comments were submitted prior to the public hearing. At tie public hearing, City Council heard verbal testimony from five interested parties. Further, at the public hearing, four persons who testified submitted written comments and one person submitted a flash drive with three electronic documents and five video recordings of portions of City Council meetings held on February 24, 2015,.March 24, 2015, April 14, 2015, April 28, 2015, and June 30, 2015; and WHEREAS, pursuant to RCW 35A_63_2.'20 arid RCW 36.70A.39@, the City Council is required to adopt findings of fact after conducting the public hearing. NOW, THEREFORE, the City Council of the City of Spokane ordains as follows: Section 1. Findings of Foct. Pursuant to RCW 35A.63.220 and RCW 36.70Ai90, on July 28, 2015, the City Council conducted a public hearing on Ordinance No. 15-013 and the establishment of a moratorium on raining andr+or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral hatching and the repeal of Ordinance Nos. 15-005 and 15-009. The City Council hereby adopts the Following as findings of fact in support of Ordinance No. 15-013 and the establishment of a moratorium on mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching and the repeal of Ordinance Nos. 15-005 and t5-009: 1. On February 24, 2015, the City Council adopted Ordinance No. 15-005, imposing and establishing a moratorium on submission, acceptance, processing, modification or approval of any permit applications or licenses by or for mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching. 2. Pursuant to Section 4 of Ordinance No. 15-005, the City Council set March 24, 2015 at 6:00 p.m. at City Hall as the date, time and location for a public hearing on the moratorium. 3. On March 4, 2015, a summary of Ordinance No. 15-005 was published in the Valley News Herald, the City's newspaper of general circulation, which summary included the statement "Section 4 sets March 24, 2015 as the date for a public hearing." 4. There were articles regarding the moratorium and pending public hearing prior to the public hearing that were published in local newspapers that included reference to the public hearing on the mor:ttoriumn. 5. The agenda for the meeting on March 24, 2015, which included reference to the public hearing on the moratorium, was posted on the City's website and provided to members of the City's agenda packet distribution list via email in advance of March 24, 2015, 6. On March 24, 2015, the City Council conducted a public hearing on the moratorium imposed and established pursuant to Ordinance No. 15-005 and received written testimony from two interested parties. Six interested parties spoke at the public hearing. 7. On April 28, 2615, after giving due consideration to the public testimony received, the City Council adopted Ordinance No. 15-009 adopting findings of fact justifying the moratorium an mining established pursuant to Ordinance No. 15-005. S. Though public information and notice was provided of the public hearing, there was no formal publication of notice of the public hearing in the City's official newspaper as is the City's practice. 9. Repeal of Ordinance No. 15-005 and Ordinance No. 15-009 and re-establishment of an emergency moratorium on mining and?or related mining site operations with a new public hearing Ordinance 15-0315 — Findings of Fact on Mining Moratorium Page 2 of5 preceded by new and more broadly disseminated public notice is appropriate to ensure full notice and opportunity for interested parties to provide comments on the moratorium. 10. Pursuant to RCW 36.70A.170 RCW, the City is reouired to designate "where appropriate...[mlineral resource lands that are not already characterized by urban growth and that have long -terra significance for the extraction of minerals," 11. Pursuant to RCW 36_7DA.06O, the City is required to adopt development regulations to ensure conservation of mineral resource lands designated under RCW 36.70A.170, 12. The City has not designated any mineral resource lands within its boundaries nor has it developed regulations specific to mineral resource lands. 13. Pursuant to Spokane Valley Municipal Code ("SVMC") 19.120.050, mining is currently a permitted heavy industrial processing use within the heavy industrial (1-2) zone. 14. The City's currently adopted Comprehensive Plan contains several goals and policies for the appropriate development of industrial lands, including the following: Goal LUC-LQ: Provide for the development of well-planned industrial areas and ensure the long-term holding of appropriate land in parcel sizes adequate to allow for future development as industrial uses. LUP-11.2: Conversion of designated industrial lands to atlaer uses should be strictly limited to ensure an adequate land supply_ 15. The City has existing gravel mining operations within its industrial zones taking up significant acreage, which result in Targe open pits once the mining rase is completed. Once a mine i5 opened, the impacts on the land are usually irreversible even with appropriate reclamation planning. These impacts are permanent and can limit future industrial or other productive use of the site, even after the mine closes. 16. The City has a finite amount of available undeveloped industrial land. l7. Pursuant to chapter 36.70A RCW, the City is in the process of developing its 201,5 Comprehensive Flan Update. 18, Pursuant to chapter 36.70A RCW, as part of the Comprehensive Plan 'Update process, the City will analyze and complete an inventory of available industrial lands and review designation and regulation of mineral resource lands in order to reach a reasoned policy decision in the interest of public heaEth, safety and welfare that addrses (a) consideration of where, if anywhere, designation of mineral resource lands may he appropriate within the boundaries of the City, and (b) whether mining and minim site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, are compatible and appropriate when undertaken an industrial lands ander elsewhere within the City. 19. The current work program for the 2015 Comprehensive Plan Update anticipates that a draft Comprehensive Plan will be completed by the end (P2015. 20, New proposals for mining and raining site operations that may be submitted pending the completion of the Comprehensive Plan Update process would pose an imminent threat to public health and safety because they can permanently alter the built and natural environment and limit the City's choices in the exercise of its land use authority, thereby thwarting the Comprehensive Plan Update process and impairing the City's ability to reach a reasoned policy approach related to industrial land Ordinance 15-015— Findings of Fact on Mining Moratorium Page 3 of 5 capacity, determining where, if anywhere, designation of mineral resource lands would be appropriate, and determining what the City's long-term goals and policies are with regard to alining and mining site operat ion. 21, Pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general Laws," which includes the adoption of regulations governing land uses within the City. 22. RCW 36.70A.390 provides that "A eaunty or city governing body that adapts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium., interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing an the adopted moratorium, interim, zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does net adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, D interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year ifa work plan is developed for related studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal." 23. A moratorium enacted under RCW 35A.63.22O and/or RCW 36.70A.390 is a method by which local governments may preserve the status quo se that new pIan,s and regulations will not be rendered moot by intervening development. 24. RCW 35A.63.220 and PCW 36.70A.390 both authorise the enactment of a moratorium, interim zoning snap, interim zoning ordinance, or interim official control prior to holding a public hearing, provided a public Bearing is held within 60 days of the adoption of the moratorium. 2S. A moratorium on mining and mineral product manufacturing will maintain the status quo by prohibiting issuance of City permits and licenses for new mining operations beyond those presently vested while the City undertakes development and completion of its Comprehensive Plan Update, including giving due consideration to the determination of where, if anywhere, designation of mineral resource lands may be appropriate, and determining what the City's long-term goals and policies are with regard to mining and mining site operations within its jurisdictional limits. 26. Pursuant to Ordinance No. 15-01‘3, City Council adopted a work plan to address the development of the City's Comprehensive Plan Update. 27. Staff has completed SFPA review of the moratorium and has determined the moratorium on mining and/or related minting site operations under Ordinance No. 15-013 is categorically exempt from threshold determination and EIS requirements pursuant to Washington Administrative Code 197-11- 800(19). 28. On July 28, 2015, City Council conducted a public hearing on the adoption of Ordinance 15- 013 and the establishment of a moratorium on mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching and the repeal ofOrdinance Nos. 15-005 and 15-009. 29. Two written comments were submitted prior to the public hearing. At the public hearing, City Council heard verbal testimony from five interested parties. Further, at the public hearing, four persons who testified submitted written comments and one person submitted a flash drive with three Ordinance 15-015 — Findings of Fact on Mining Moratorium Page 4 of 5 electronic documents and five video recordings of portions of City Council meetings held on February 24, 2015, March 24, 2015, April 14, 2015, April 28, 2015, and June 30, 2015, The City Council has given due consideration to all public testimony received. 30. The adoption of Ordinance No. 15-013 and the establishment of a moratorium on mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral hatching is consistent with the goals and policies of the City's Comprehensive Plan and the development of the City's Comprehensive Plan Update. 31. The City Council finds that the moratorium imposed and established by Ordinance No. 15- 013 is necessary For the immediate preservation cf the public health, public safety, public property and public peace. Section 2. Duration. The moratorium set forth in Ordinance No, 15-013 shall be and remain in effect as of lie effective date or Ordinance No. 15-013 and shall continue in effect until 1 1:59 p.m. on February 23, 2016, unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entry off appropriate findings of fact, pursuant to RCW 35A.63.220 2nd RCW 36.70A.390. The duration of the moratorium set forth in Ordinance No. 15-013 is expressly intended to preserve in continuous force and effect the moratorium established in Ordinance No. 15-005 notwithstanding the repeal of said Ordinance No. 15-005. Section 3, Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 4, Severability. if any section, sentence, clause, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 5. Effective Date. This Ordinance shall be in 6111 Force and effect five clays atter publication of this Ordinance or summnary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this 25'1t day of August, 2015. ATT +S v City Clerk, Christine l ainbridge Appr ` Office o City rney Date of Publication: ." Effective Date. } J Dean Orafos, Mayo Ordinance 15-015 — Findin s of Fact on Mining Moratorium Page 5 of 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 8, 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: Consulting Services Interlocal Agreement Regarding potential development of Plante's Ferry Sports Stadium and Liberty Lake Regional Sports Complex. GOVERNING LEGISLATION: State Law RCW 36.32 and 39.34. PREVIOUS COUNCIL ACTION TAKEN: During the City Manager portion of the September 1 and 15, 2015 Council meetings, Mr. Jackson noted that City staff were reviewing an interlocal agreement concerning the City participating with Spokane County, Liberty Lake and the Central Valley School District (CVSD) to develop a contract with a consultant to conduct a study on two potential sports projects facilities, one located at Plante's Ferry and one located at Liberty Lake. No Council action was taken at that time. BACKGROUND The City of Spokane Valley continues to focus efforts on economic development activities and in 2015 engaged in the following: • In April 2015, at the request of the Lodging Tax Advisory Committee (LTAC), Council approved Resolution #15-008 that levied an additional 1.3% lodging tax, the proceeds of which are dedicated for a large sporting venue or venues for tourism facilities. We estimate this tax will generate approximately $357,500 in 2016. • In May 2015 the City entered into a contract with a consultant to perform a retail sales and gap analysis with the intent of analyzing trade capture rates and an assessment of gaps in retail offerings. The goal of the study is to develop an action -oriented retail strategy that can be leveraged by City staff as a tool for recruitment, zoning decisions and marketing. • In September 2015 the City entered into a contract with a consultant to perform a lodging and tourism analysis and strategy study with the intent of examining how tourism and hospitality benefit local economic development efforts and also investigates additional strategies for leveraging tax dollars to the benefit the City's tourism economy. We are interested in better understanding the current state of tourism in the City and how it impacts the local hospitality industry as well as other tourism related businesses, and to help us consider this we have directed the consultant to investigate several key areas: o What are key drivers of tourism in the City of Spokane Valley and are there deficits in tourism offerings and associated revenues in the City? o What are the current drivers of hotel revenues and what is the City's role in fostering tourism in Spokane Valley? o What investments and strategies can the City undertake to improve tourism and what impact would they have on visitor attraction? Dovetailing with City efforts, this past summer a committee of the Greater Spokane Valley Chamber of Commerce discussed potential projects to add tournament quality outdoor sports complexes to the greater Spokane Valley with the intent of drawing tourists that would generate 1 additional hotel stays and restaurant traffic, as well as provide local schools with more fields to use. At the conclusion of a July 30th meeting the group expressed a desire to invest in an economic impact study of two potential park projects currently under consideration by Spokane County, including the addition of a Regional Sports Complex located at Liberty Lake, and a variety of improvements to Plante's Ferry including new fields, lighting and parking. At City Council meetings held September 1 and 15, 2015, City Manager Mike Jackson noted that City staff was reviewing an interlocal agreement concerning the City's participation with Spokane County, Liberty Lake and the CVSD to develop a contract with a consultant to conduct a study on the two potential sports projects facilities noted above. At that time, discussion among the municipalities centered on contracting with the same consultant that was conducting a feasibility study on behalf of the Spokane Public Facilities District (PFD) for a sportsplex to be located in downtown Spokane. Since then however, this group opted to instead collaboratively develop a request for proposals (RFP) and select a consultant to perform the study. Cost of the study will be determined through the RFP and contract award process and be shared among the four participating municipalities at a rate of 25% each. The Sports Commission has further agreed to pay up to an additional $5,000 to address any additional work or expenses (i.e. consultant reimbursable travel) above and beyond the contracted amount. OPTIONS: Consensus to place this Interlocal Agreement on the December 15, 2015 Council agenda for motion approval consideration. RECOMMENDED ACTION OR MOTION: No action is required at this time but with Council consensus we will bring this back before Council on December 15, 2015 for motion consideration. BUDGET/FINANCIAL IMPACTS: 2016 Budget impact is currently unknown but we believe the City's share of the contract will be accommodated within the existing budget. STAFF CONTACT: Mark Calhoun, Deputy City Manager ATTACHMENTS: Interlocal Agreement 2 INTERLOCAL AGREEMENT FOR CONSULTING SERVICES IN CONNECTION WITH THE DEVELOPMENT OF PLANTE'S FERRY SPORTS STADIUM AND LIBERTY LAKE REGIONAL SPORTS COMPLEX/ STADIUM THIS AGREEMENT is between SPOKANE COUNTY, a political subdivision of the State of Washington (Spokane County); the City of Spokane Valley, a municipal corporation of the State of Washington (Spokane Valley); the City of Liberty Lake, a municipal corporation of the State of Washington (Liberty Lake); the Central Valley School District, a school district of the State of Washington (CVSD); and the Spokane Regional Sports Commission (Sports Commission). Said entities are collectively referred to herein as the "Stakeholders." WITNESSETH WHEREAS, pursuant to the provisions of the RCW Section 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of the RCW 39.34.030(2), any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of chapter 39.34 RCW; and WHEREAS, the Greater Spokane Valley Chamber of Commerce has created a special committee on Outdoor Sports Complexes which was tasked with the mission "to add tournament quality outdoor sport complexes that draw tourists to the greater Spokane Valley — fills up our hotel/motels, restaurants, and retail — also gives our schools more fields to use;" and WHEREAS, the Stakeholders have an interest in understanding the feasibility and impact of sports related projects and acknowledge the potential economic impact, and WHEREAS, the Stakeholders wish to retain a consultant (Consultant) to: (1) review and evaluate two potential sports complex/stadium projects - Plante's Ferry Sports Stadium and Liberty Lake Regional Sports Complex/Stadium; and (2) complete an economic impact analysis that will identify potential economic consequences, both positive and negative, specific to each of the partner municipalities, as well as the community as a whole (Consulting Services); and WHEREAS, the Stakeholders further desire that: (1) they work collaboratively to select a Consultant to perform the Consulting Services, and enter into a contract with a Consultant to conduct the study; and (2) the Stakeholders equitably share the costs of said Consulting Services as set forth herein. NOW, THEREFORE, IT IS AGREED THAT: 1. Purpose. This Agreement is to obtain Consulting Services to (1) review and evaluate two potential sports complex/stadium projects - Plante's Ferry Sports Stadium and Liberty Lake Regional Sports Complex/Stadium; and (2) complete an economic impact analysis that will identify potential economic consequences, both positive and negative, specific to the partner municipalities, and the community as a whole. The Stakeholders desire to equitably share the costs of the Consulting Services pursuant to Section 5, Cost Sharing. Agreement for Consulting Services Page 1 of 9 2. Administration. No separate and distinct legal entity shall be created to conduct this joint undertaking. 3. Duration and Termination. This Agreement shall take effect immediately, and shall continue until terminated by the Stakeholders, until the purposes of this Agreement have been accomplished, or at 4:00 p.m. on May 31, 2016, unless the Stakeholders agree in writing to extend it. 4. Consulting Services. The Stakeholders to this agreement shall collectively and unanimously select the Consultant to perform the Consulting Services, and enter in to a contract with a Consultant for a yet to be determined amount. Each Stakeholder to this Agreement shall have co -equal rights to receive all correspondence to and from the Consultant, to determine appropriate direction to be communicated to Consultant, and to attend and participate in meetings with the Consultant. 5. Cost Sharing. The Stakeholders agree to reimburse Spokane County for the applicable proportionate share as outlined in this Section. Payment to Spokane County shall be remitted within 30 days of receiving written notification from Spokane County that the Consulting Services have been completed. Said notification shall include a copy of the study results along with an invoice for the applicable amount due. The Stakeholders shall share the costs of the Consulting Services contract as follows: • Spokane County 25% • Spokane Valley 25% • Liberty Lake 25% • CVSD 25% • Sports Commission Up to $5,000 to address any additional work or expenses (i.e. consultant reimbursable travel) above and beyond the contracted amount equally shared by Spokane County, Spokane Valley, Liberty Lake, and the CVSD. The Consultant selected will send invoices for service directly to the County. The County shall then send invoices to each of the parties to this Agreement for their share of the work following the receipt of invoices from the Consultant. Each party shall reimburse the County within 30 days of receipt of invoice. In the event one or more of the Stakeholders directs the Consultant to discontinue the Consultant Services prior to completion of the final report, then those parties shall bear the entire cost of the Consulting Services 6. Project Management. In collaboration with the Stakeholders, the County will develop a Request for Proposals for the study. Upon receipt of proposals, the municipalities that are party to this agreement shall jointly and unanimously select the Consultant, who shall provide the services described in the Request for Proposals to each of these agencies. Agreement for Consulting Services Page 2 of 9 7. Severability. If any provision of this Agreement or its application to any person or circumstance is held invalid, the remainder of the provisions and/or the application of the provisions to other persons or circumstances shall not be affected. 8. Exercise of Rights or Remedies. Failure of any Stakeholder to exercise any rights or remedies under this Agreement shall not be a waiver of any obligation by said party and shall not prevent said party from pursuing that right at any future time. 9. Records. Each Stakeholder shall maintain adequate records to document obligations performed under this Agreement. Subject to all applicable laws and regulations governing the records maintained in performance of this Agreement, each Stakeholder and the Washington State Auditor shall have the right to review the other Stakeholders' records with regard to the subject matter of this Agreement, upon reasonable notice. 10. Entire Agreement. This Agreement constitutes the entire Agreement between the Stakeholders. 11. Governing Law and Stipulation of Venue. This Agreement shall be governed by the laws of the State of Washington. Any action hereunder shall be brought in the Superior Court of Washington for Spokane County. 12. Recording. This Agreement shall be filed with the Spokane County Auditor and placed on its web site or other electronically retrievable public source. 13. Notice. All notices or other communications shall be deemed given on: (i) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the other Stakeholders at the address set forth below for such parties, or at such other address as any party shall from time -to -time designate by notice in writing to the other Stakeholders: SPOKANE COUNTY: Doug Chase, Director Spokane County Parks, Recreation and Golf Department 404 N. Havana Street Spokane Valley, WA 99202 dchase@spokanecounty.orq CITY OF SPOKANE VALLEY: Mike Jackson, City Manager City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 miackson@spokanevalley.orq Agreement for Consulting Services Page 3 of 9 CITY OF LIBERTY LAKE: Katy Allen, City Administrator City of Liberty Lake 22710 E. Country Vista Drive Liberty Lake, WA 99019 kallen©libertylakewa.gov CENTRAL VALLEY SCHOOL DISTRICT: Ben Small, Superintendent 19307 E. Cataldo Ave. Spokane Valley, WA 99016 bsmall@cvsd.org SPOKANE REGIONAL SPORTS COMMISSION: Eric Sawyer, President / Chief Executive Officer 714 N. Iron Bridge Way, Suite 202 Spokane, WA 99202 erics@spokanesports.org 14. Compliance With Laws. The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. 15. RCW 39.34 Required Clauses A. Purpose: See Section 1, above. B. Duration: See Section 3, above. C. Organization of Separate Entity and Its Powers: See Section 2, above. D. Responsibilities of the Parties: See provisions above. E. Agreement To Be Filed: See Section 11, above. F. Financing: Each party shall be responsible for the financing of its contractual obligations under its normal budgetary process. G. Termination: See Section 3, above. H. Property Upon Termination: There will be no property transferred by any party, or acquired in furtherance of this Agreement, other than the report produced by the Consultant. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year opposite their respective signatures. Agreement for Consulting Services Page 4 of 9 DATED this day of , 2015. SPOKANE COUNTY: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ATTEST: TODD MIELKE, CHAIR SHELLY O'QUINN, VICE -CHAIR Ginna Vasquez AL FRENCH, COMMISSIONER Clerk of the Board Agreement for Consulting Services Page 5 of 9 DATED this day of , 2015. CITY OF SPOKANE VALLEY: By: Mike Jackson, City Manager ATTEST: Christine Bainbridge, City Clerk Agreement for Consulting Services Page 6 of 9 DATED this day of , 2015. CITY OF LIBERTY LAKE: By: Katy Allen, City Administrator ATTEST: City Clerk Agreement for Consulting Services Page 7 of 9 DATED this day of , 2015. CENTRAL VALLEY SCHOOL DISTRICT: By: Ben Small, Superintendent Agreement for Consulting Services Page 8 of 9 DATED this day of , 2015. SPOKANE REGIONAL SPORTS COMMISSION: By: Eric Sawyer, President/ Chief Executive Officer Agreement for Consulting Services Page 9 of 9 To: From: Re: DRAFT ADVANCE AGENDA as of December 3, 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 December 15 2015, Study Session Format, 6:00 p.m. [due Mon, Dec 7] ACTION ITEMS: 1. Second Reading Ordinance 15-024 adopting SMP — Lori Barlow (10 minutes) 2. Second Reading Ordinance 15-025 Amending SVMC Title 17 (CTA 2015-0005) — M.Palaniuk (10 minutes) 3. Second Reading Ordinance 15-026 Amending SVMC Title 18 (CTA 2015-0005) — M. Palaniuk(5 minutes) 4. Second Reading Ordinance 15-027 Amending SVMC Appendix A (CTA 2015-0005) — M. Palaniuk (5 min) 5. Proposed Resolution Repealing Previous Resolutions of SMP — Lori Barlow 6. Proposed Fee Resolution for 2016 — Chelsie Taylor 7. Motion Consideration: Consulting Services Interlocal Agreement — Mark Calhoun NON -ACTION ITEMS: 8. Historic Preservation — Gloria Mantz 9. Code Enforcement Update — Luis Garcia 10. City Hall Update — John Hohman 11. Advance Agenda December 22, 2015 — no meeting December 29, 2015, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Advance Agenda 3. Info Only: Department Reports (normally due for Dec 22 meeting) (10 minutes) (10 minutes) (10 minutes) (20 minutes) (20 minutes) (15 minutes) (5 minutes) [*estimated meeting: 120 minutes] [due Mon, Dec 21] (15 minutes) (5 minutes) [*estimated meeting: 20 minutes] Jan 5, 2016, Study Session 6:00 p.m. (Councilmember Gothmann to attend via phone) [due Mon, Dec 28] [Note: Oath of Office will be administered 5:45 p.m. This does not constitute a separate meeting.] PLEDGE OF ALLEGIANCE ACTION ITEMS: 1. PUBLIC HEARING: Mining Moratorium Renewal — Erik Lamb 2. Council Officer Elections for Mayor and Deputy Mayor — Chris Bainbridge NON -ACTION ITEMS: 3. City Hall Update — John Hohman 4. Advance Agenda (15 minutes) (15 minutes) (15 minutes) (5 minutes) [*estimated meeting: 50 minutes] January 12, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments- Planning Commissioners — Mayor 3. Mayoral Appointments: Councilmembers to various Committees/Boards — Mayor 4. Admin Report: Advance Agenda January 19, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Council Training- Open Public Meeting Act, Public Record Act - 3. Advance Agenda [due Mon, Jan 4] (5 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 30 minutes] [due Mon, Jan 11] (15 minutes) (20 minutes) (5 minutes) [*estimated meeting: 40 minutes] Cary Driskell, Erik Lamb Draft Advance Agenda 12/3/2015 3:12:49 PM Page 1 of 2 January 26, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments: Lodging Tax Advisory Committee — Mayor 3. Admin Report: Advance Agenda 4. Info Only: Department Reports February 2, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Advance Agenda February 9, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda February 16, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Advance Agenda February 23, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments: Lodging Tax Advisory Committee — Mayor 3. Admin Report: Advance Agenda 4. Info Only: Department Reports March 1, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Advance Agenda March 8, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda March 15, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Advance Agenda March 22, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments: Lodging Tax Advisory Committee — Mayor 3. Admin Report: Advance Agenda 4. Info Only: Department Reports March 29, 2015, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Advance Agenda *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Avista Electrical Franchise Blake Street Sidewalk Coal/Oil Trains (Environ Impact Statement, etc.) False Alarm Program (Cry Wolf) [due Mon, Jan 18] (5 minutes) (10 minutes) (5 minutes) [*estimated meeting: 20 minutes] [due Mon, Jan 25] (15 minutes) (5 minutes) [due Mon, Feb 1] (5 minutes) (5 minutes) [due Mon, Feb 8] (15 minutes) (5 minutes) [due Mon, Feb 15] (5 minutes) (10 minutes) (5 minutes) [due Mon, Feb 22] (15 minutes) (5 minutes) [due Mon, Feb 29] (5 minutes) (5 minutes) [due Mon, Mar 7] (15 minutes) (5 minutes) [due Mon, Mar 14] (5 minutes) (10 minutes) (5 minutes) [due Mon, Mar 21] (15 minutes) (5 minutes) [*estimated meeting: 20 minutes] Sidewalks and Development SRTMC Agreement (June/July 2016) Uncovered/unsecured loads Draft Advance Agenda 12/3/2015 3:12:49 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Dale: December 8, 2015 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ pubic heering ® information ❑ admin. report ❑ pending legislation ❑ executive sessici AGENDA ITEM TITLE: Information only — update an possible bicycle helmet regulations, GOVERNING LEGISLATION: None. PREVIOUS COUNCIL ACTION TAKEN: Numerous study sessions in 2004, 2005, and 2011 to consider potential requirements for use of bicycle helmets while riding bicycles on public rights- of-way. BACKGROUND: The Council requested that staff provide an information -only report regarding the previous analyses and discussion by the City Council regarding use of bicycle helmets while riding bicycles an the City's rights-of-way. Staff has attached the written materials that were previously presented. On several occasions, the Council has considered draft ordinances containing various levels of regulations, but ultimately declined to take formal action. OPTIONS. (1 ) Request staff to provide additional information as appropriate; or (2) do nothing. RECOMMENDED ACTION OR MOTION: NA BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary P. Driskell, City Attorney ATTACHMENTS (1) Materials from 2004 (2) Materials from 2005 (3) Materials from 2011 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 29, 2004 City Manager Sign -off, Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public beenng information X admin. repoet ❑ pending legislation AGENDA ITEM TITLE: Bicycle Helmet Safety Support GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Received power point presentation from Spokane Regional Health District on issues relating to helmet safety. BACKGROUND: After receiving the SRHD presentation, which focused only on the potential posiive results of adopting a helmet ordinance, several City Council members expressed a desi-e to analyze potential negatives if the proposed helmet safety ordinance were to he adopted. Staff has beert provided with a working draft proposal that the City of Spokane and the SRHD have been collaborating on in the past several weeks. The comments contained herein, as well as in our power point presentation, relate to that working draft proposed ordinance being considered by the City cif Spokane. OPTIONS: Request staff to perform additional research, draft a proposed ordinance for further discussion and possible adoption: or to instruct staff to not pursue the issue further, RECOMMENDED ACTION OR MOTION: NA EUDGET/FINANCIAL IMPACTS. None at this time. STAFF CONTACT: Cary Driskell, Deputy City Attorney/ Cal V1lalker, Police Chief. ATTACHMENTS ISSL'F,S RELATING TO THE PROPOSKD HKTMHT LAW Legal issues discussed by Cary Driskell, Deputy City Attorney - Policing issues discussed by Cal Walker, Chief of Police Legal issues with proposed helmet law: ° Enforcement discretionary rather than mandatory. ° Opens door to allegation of discriminatory enforcement. ° Opens door to allegation of arbitrary and capricious enforcement. Legal issues with proposed helmet iaw: ° Definition of "guardian" is problematic. ° "means a parent, legal guardian, adult with custody, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 16 years." Legal issues with proposed helmet law: ° Requirement that parent or guardian make sure chinstrap is "fastened securely". ° open to interpretation. o relies on judgment of young children as to adequacy of "securely". Legal issues with proposed helmet law: ° Issuing citations to children. ° Does not provide minimum age for citation. ° Question whether child would turn over citation to parent or guardian. ° If unpaid an goes to collection, action would be against parent, who is responsible for debts of child. DRAFT 6./22.'2004 ORDINANCE NO. C - An ordinance relating to helmet safety; adding a new chapter to Title 10 of the Spokane Municipal Code designated as Chapter 10.17. The City of Spokane does ordain: Section 1. That there be added to Title 11 a new chapter designated as Chapter 10.17 to read as follows: SMC 10.17.010 Purpose and Policy. A. This chapter is enacted as an exercise of the authority of the city of Spokane to protect and preserve the public health, safety, and welfare. its provisions shall be liberally construed for the accomplishment cf these purposes. S. ]t is the express purpose of this chapter to provide for and to promote the health, safety, and welfare of the general public, and not to create or otherwise establish or designate any particular class ar group of persons who will or should be especially protected or benefited by the terms of this chapter. C. it (stile specific intent of this chapter to place the obligation of complying with its requirements upon any person included within its scope, and no provision of, or term used in, this chapter is intended to impose any duty whatsoever upon the city of Spokane or any of its officers or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory. D. Nothing contained in this chapter is intended to be, nor shall be construed to create or to form the basis for, a liability on the part of the city of Spokane or its officers, employees, or agents, for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act ar omission in connection with the implementation or enforcement of this chapter on the part of the city of Spokane by its officers, employees or agents. SMC 10.17.020 Definitions. As used in this chapter, the following terms shall have the meanings indicated, unless the context clearly requires otherwise: A. "Approved helmet" means a head covering designed for safety that .shall meet or exceed the requirements safety of standards adopted by the U,S. Consumer Product Safety Commission (CPSC) 15 USCS 6004, or Z-00,4 set by the American National Standards Institute (ANSI), the Snell Foundation, the ASTM (American Society for Testing and Materials), or such subsequent nationally recognized standard for helmet performance as the county may adopt. The helmet must be equipped with either a neck or chinstrap that shall be fastened securely while the wheeled -vehicle is in motion. B. "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 1-6-' 1 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter. Within this chapter: the term "bicycle" shall include any attached trailers, side cars, andlor other device being towed by a bicycle. C. "Electric -assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. D. "Electric personal assistive mobility device" (EPAMD) means any device meeting the design characteristics as defined in SMC 16.04.168. E. "Guardian" means a parent, legal guardian, adult with custody, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 16 years, F. "Public area" means public roadways, sidewalk, bicycle paths, parks, or any right-of-way, publicly owned facility, or publicly -owned property within the city. G. "Roller blade, Roller skate, and Skate shoes" means every device which is attached to the rider much like a pair of shoes or boots and which has two or more wheels attached inline or next to each ether beneath, and footwear which has internal or external wheels incorporated as a part the footwear, which wheels are incorporated either inline or next to each other on the bottom of the footwear. H, 'Scooter" means every device with a platform having two or more sem of wheels beneath it and a balancing handpost or steering device, which the rider balances on top of, and which is propelled solely by human power- prapclleri �� attached or 3ufri# ctric or g or. I. "otoriaed Foot Scooter" means a device with no more than two ten - inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upoj Ju the operator, and is nwered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. For purposes of this section a motor -driven c cle a mo ed an electric- assisted bicycle. or a motorcycle is not a motorized foot scooter. tJ. "Skateboard" means every device with a platform having two or more sets of wheels beneath it, which the rider balances on top of, and which is either 7 propelled solely by human power, or propelled by an attached or auxiliary electric or gasoline motor. SMC 10.17.030 Helmet Required. A. Any person riding or otherwise operating any Bbicycle, Celectric Aassisted Bt4icycle, Eelectric Ppersonal Aassistive Mmobiliity []device, Rroller Blade, Rcoller Sskate(s), Sskate Sshoe(s), Motorized Foot Scocter, Sscooter or Sskateboard, including any passenger thereon and / or person being towed thereby, on any public area in the city shall wear an approved helmet, and shall have either the neck or chin strap of the helmet fastened securely while the device is H motion_ B. No person shall transport another person cn or tow another person on a device listed in SIC 10.17.020 upon any public area in the jurisdiction of the city, unless the passenger is wearing an approved helmet. C. A parent or guardian is responsible for requiring that a child under the age of 16 years s wrier ihr- c:arent ci _ LLL:d tri ti ie wears an approved helmet, the neck or chin strap of which is fastened securely, while upon a device listed in SMC 1 3.17.020 in motion, or riding as a passenger on a device listed SMC 10.17.020 in any public area in the city. ID. '.t is an affirmative defense to a violation ci section that the parent car guardian responsible for the child did require the child to wear an approved helmet at all time that the child was in the parent or guardian's presence. E. Provisions of Chapter 10.17 shall not apply to any wheeled device such as electronic scooters that are designed and utilized for medically related reasons. SMC 10.17.040 Special events, including but not limited to races, Exhibitions, demonstrations, parades, and events - Helmet Required. A. Any person or organization managing a race, an organized event involving bicycling, or a bicycle tour, or devices listed in SMC 1017.020 in which will take place in whale or in part in any public area in the city, shall require that all participants riding on or in tow wear approved helmets, and such persons and organizations shall reject participants who fail to comply with the provisions of this chapter. B. The person or organization managing any such event, race, or tour shall include the requirement to wear approved helmets in any promotional brochures and on registration materials. C. It is an affirmative defense to a violation of this section for person or organization managing an event, race, or tour that all participants were wearing a• •roved helmets are the start of the event. race or tour and were instructed to discontinue their participation by a person responsible for management of the event, race. or tour at any_point where the partic`pant failed to comply with the reauiremer)t of wearing an approved helm t - SMC 10.17.050 Bicycle, Electric -Assisted Bicycle, Electric Personal Assistive Mobility Device, Skateboard, Roller blade, Roller skate, Skate Shoe Scooter, and other self propelled and rental, lease or loan -Helmet Required. A. Any person engaging in the business of renting, leasing, or loaning (e g., "test ride") any of the devices listed in SMC 1017,020 for use in any public area in the city shall supply the person(s) renting, leasing, or using any of the devices with approved helmet(s), along with the devices unless the riders and passengers possess approved helmets of their own, and offer proof thereof, for use with the device and further shall notify such persons of the requirements of this chapter to wear a helmet meeting the safety standards described in SMC 10.17.020. B. The rental, lease, or loan documents (contract, agreement, brochure, or receipt) must advise the person renting, leasing, or using any of the devices listed in SMC 1 0.17.020 of the helmet requirements of this chapter. C. It is an affirmative defense to a violation of this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his or her rental, lease, or use of a devices listed in SMC 10.17.020 by a person or organization engaged in the business of renting, leasing, or loaning such devices, and that the helmet was fastened securely while riding. SMC 10.17.060 Helmet sales - Safety Standards. A. No person shall sell or offer for sale a helmet that does not meet or exceed the safety standards described in SMC 10.17.020 A, B. It is an affirmative defense to a violation of this section that the sale or offer for sale was an isolated sale of used merchandise made by an individual who was not engaged in the business of selling or repairing recreational equipment, such as a seller at a garage or rummage sale. 4 SMC 10.17.080 Penalties - ra i Civil linfraction. A. Any person violating shall have committed a traf#ieclass 4 civil infraction and shall be liable for monetary penalties as set forth in SMC 1.05.21 O.aet-to ex–Geed 5 — -- B. The court may waive, reduce, or suspend the civil penalty and clear the ci-tatioicivil infraction as a warning for a person who has not been cited under this chapter within one year, and provides proof that he or she has acquired an approved helmet at the time of appearance in court or has taken class on helmet safety sponsored by the Spokane Regional Health District. C. A guardian may be cited fora separate violation of this chapter for each child under 16 years of age riding on or in tow of a device listed in SMC 10.17.020 not wearing an approved helmet. D. Each rental and each event under subsection A of this section shall be a separate violation, SMC 10,17.090 Enforcement. A. The City of Spokane police department shall be responsible for enforcement of the provisions of this chapter. B. For the purpose of this chapter, law enforcement officers may at their discretion. 1. Enter, during business hours, the premises of a business selling. repairing, leasing, loaning or renting bicycles or selling sporting or recreation equipment, to determine compliance with this chapter; 2. Post outside the premises of a business that offers for sale, rent, lease, loan or other public purpose a list of helmets that do not meet the safety standards of this chapter, so that the public is informed; and 3. Stop a participant in a race, or organized event involving any of the devices listed in SMC in 10.171)20 or a tour that takes place in a public area, when there is a violation of the requirements of this chapter. SMC 10.17.100 Information and Education. A. Information about the need for helmets, safe helmet use, traffic safety education and helmet safety programs are available at the city of Spokane police department and the Spokane Regional Health District. B. The city of Spokane encourages any person engaging in the business of selling bicycles or any of the devices listed SMC 10,17.020 to include information on helmet safety and the helmet requirements of this chapter with each bicycle or devices sold. 5 C. The city of Spokane encourages any person engaging in the business of selling helrnets to include information on safe helmet usage with each helmet sold. Section 2. That SMC 1,05.210 be amended to read as follows: SMC 1.05.210 Penalty Schedule -- Personal Conduct. A. For each subsequent violation, excluding continuing violations, by a person the classification of infraction advances by one class. B. Violation Infraction Class Ex Parte Contact with Adjudicative Officer — 11.02.0120 2 Attempt to Influence or Interfere With Adjudicative Officer — 11.02.0130 1 Littering, Unlawful Disposal of Rubbish — 10.08.010 1 Deposit of Tobacco Product Capable of Being Lit - 10,08.010 $500 Purchase, Possession of Tobacco by Minor — 10.08,055 3 Liquor Purchase by Apparently Intoxicated Person — 10.08.246 $500 Harbor Dog or Cat without License — 10.24.010 3 Permit Animal to Run at Large — 10.24,020 3 Rabies —10,24.040 3 Property Damage by Animal — 10.24.060 Allow Animal in Rivcrfront Park or Special Permitted Event Area 3 6 When Banned — 10.03.110 Sell. Use, Discharge Fireworks — 10.33A.055 3 Open Burning - UFC 11.203 Disposal of Liquid Waste in Unapproved Place or Manner -- 11.00.070 1 Offending Peace and Order in Public Park — 10.10.040, 12.06.050, 060, 070, 080 1 Not Having or Displaying Concealed Pistol License — 10.11.042 1 Selling or Giving Drug Paraphernalia --- 10.15.115 1 Act of Discrimination — 1.05.043 1 Barking Dog 10.03.060 1 Offenses Relating to Safety and Sanitation --10.03.100 4 Failure to Respond -- Chronic Nuisance 10,06A.040(4) 1 Destroy, Injure Street Tree or Other Violations — 12.02.914 Failure to Wear Approved Helmet — Helmet Safety 10.17.030 1 4 4 4 Failure to Re « uire Wearin. of A. 'roved Helmets at S.ecial Events — Helmet Safety 10.1 7,040 Failure t❑ Rent, Lease or Loan Approved Helmet — Helmet Safet 10.17.050 7 Failure to sell or offer to sell Approved Helmet -- Helmet Safety 4 1 0.17.060 Passed by the City Council on , 2004. Council President Attest: Approved as to form: City Clerk Assistant City Attorney Mayor 8 Stay AHEAD: Q&A Q. When does the mandatory bike safety helmet law go into effect? A. The new law is in effect as of July 5, 2003 Q. Who has to wear a safety hairnet? A Anyone rld'rng a bicycle, regardless of age, whcthrr 3 cyclist ora passenger, must wear an approved bicycle safety helmet regardless or where the bicyclist is cycling Cl. Does a child in a trailer. pulled by a blcycle, require a safely helmet? A. The law is for riders and passengers- A ohlld Irl a bailor is considered a passenger and m ust wOar an approved safety helmet, Q_ Who pays the fine? A. Parents are responsible for children under the age of 16 -who ide without an approved bicycle helmet. Adults aged 16 and older who ride wilhout an approved helmet could be fined_ Q. How mach Is the fine? A. The tine is $50 - $140- Q. Haw often should my safety helmet be replaced? A. After any high -impact collision or if the safely helmel is damaged. a, Should ! wear a safety he !mot oven on my own property? A. Yes, you should wear a safety helmet every time you are on a tricycle. Q. 1-iow do I know if k have an approved safety helmet? A Flelmets should have a label Inr.aled ori She inside of Elbe helmet with ono of the Following approvals. Snell. CSA, or ASTM. Q_ Where do most bicycle injuries eer.irr? A_ fie' bicycle injuries ecr.,.r only nbcr! +wale-^-ce from home. and rrir fi.ila_ on [lir b:cyeie t`1Is. paths, and roar+..i:iys. TI rnajnri'.y ni injuries a cur w her a c.yC.l 5t runts irrin a past, a pedestrian, anoth r bike, or Ades over a pathoIo. Q, Dori the law require that a safety helmet be warn when riding 2 tricycle? A. The new helmet law is only hi effect for bicycles. However, It Is recommended that a safety helmet be wom for additional protection when riding a tricycle, as it will establish good safety habits at an early age. a. Should I buy a safety helmet that's big so my child will ''grow into it" 3 A. No, the effectiveness of the heirtret is reduced if the helmet is not properly fitted Q, Where can I purchase a safety helmet? A. Any sporting goods or major debarment stores. Q. What does a safety helmet cast? A. Helmets range in price from 515 and up. Ct. How do I know what type of helmet to buy? A. Helmets tit according to a persons head size There are three types of ftelrnets. - Child - Youth - Adult Q. Am I required to wear my safety helmet on the Crrnfederattnn Trail? A. Not currcnfly: however, you should wear a helmet every tirTr J you are on a bicycle. Just remember, the lrall crosses the roadway. You are required to wear your heir ci if you bike across the roadways intersecting the ttr..l, This pamphlet is for informational purposat only. The exact wording may be foued In the Highway Trac Act arrd Reyuiardoi . For further assistance on the bicycle safety helmet law, please contact Iffghway Sorely at (9021. 368-6234. Highway Safety Prince Edward island Department al Transportation and Public Works Erv:rifk a dr!, Bicycle Safety Helmets are LAW Approximately 8p% of ali hkcycle related deaths are from head injuries. Contrary to popular belie', mast bicycle Crashes are frons falls, not collisions- C rasnes can happen anywhere. They happen In driveways, parks, and hir•.ycle palhs Each type or helmet Is Waled for the frequency and intensity of falls that happen when participating in the activity riley are designed for. For example, bike helrnel2 are tested and approved for ane -time, high impact The shape of lire helmet is also designed t4 protect the user frerrl the most eornmon types of falls !Peat occur while parttelpating in the specific activity. For example, bicyclists lend to fall forward or to fire side and that is where the helmets are designed to protect In -Imo skaters tend to fair backwards and that is why helmets approved for in -Inc skating go over the back of the head. HEAD Marker B ike safely helmets are designed and safety - tested for the types of falls that cyclists have. D alt use football, Hockey Cr other sport helmets_ They are not designed to protect your head Ti a hike crash_ The safety hairnet should cover the top of your forehead lilt's lipped too far forward er back, it won't protect you properly_ The straps should be snug wipeout pinching, They should be easy to fasten and release. Ina safely helmet should be a ring, ane -size -fife -all helmet, or have front and rear (nape) straps, for easy adjusting_ HEAD Dare Take care of your safety helmet so it can take care of you.. Your safety helmet should be replaced 11 you have been in a high -impact collision, It may look Okay, but there may be damage you can't see_ Hetre is are disposable: heads are not Some paint and stickers Can damage your Safety helmet by ealing into the shelf. They may look goad, but you won't be protected Use only tease paints or stickers that may have cane with the helmet when you bought it, or you can use Lycra helmet Covers Instead. They came in many colours and patterns. Treat your sa!eLy heir -el with respect. Keep clean wil.': mild arae and warm water. Some cleaners captain solvents that can damage the shell. Above ail, wear your safety helmet, even If you are only cycling to the comer sterol ll won't protect you if it's sdtting in the Closet! Crashes awl perlir.ular about where they happen HEAD Count Biking can tie fun and safe, but every year, cyclists are killed or suffer serinrrs brain damage because they don't wear helmets, Your bike is nota !Dy -- it`$ a vehicle, Just Ijte a car. and just as eViiS101-15 can happen to the best car drver. trey can happen la you. f HEAT] Hunting Buy your s afaty helmet at a store where the staff know about fitting bike helmets. When you shop fora safety helmet, remember: TRY177 before YOU HUYITI Po sure that it fits properly. Follow these rides to find a safe helmet: 1. Look ter the safety approval slickers inside the helmet 2. Try it on for fit and comfort_ 3_ Adjust the straps. Don't forget to make Them snug. 4. Try to slide the helmet nF If it doesn't came off with a goad Me, 'hen it shouldn't rsurrre off in an i:,0Sh. 5. The safely helmet sire: u`d fit snugly on your head. it Shouldn't be sr tight that it hurts, and shouldn't lit' hackwLrc or slide down over your eyes. E. Velcro-allached foam path Irol❑ egr'e you a custom fit. They else ahsrzm perepiretion and can be washed_ 7, Bright colours are best, espec ally yellow or white, uo that drivers can see you el Daily tram a distance_ H elmets con Cost from $15 to $1C0—money That can save your life! HELPFUL HELMET HINTS A goad bicycle safety helmet should have: ♦ a hard cuter shell: ♦ at, i:n r:iner cf shock -absorbent m;:rar;a. rs ins;de a helmet which can ee edl.i,tee to ensure prcperfli; and • an adjusteeie chin strap which should always be kept fastened, Make carn the safety helmet fits properly. Don't Moro in a closet. Attach It to the bicycle so Ilhat it fs efweya ready to wear- HEADing off trouble When your Head flits the road. a czar bumper, the sidewalk. or anything hard, your gain bounces around inside your skull, Bumping can Cause brain injury, Your brain is like a raw egg inside it's shell, so a goad crack cm your head may leave your brain — well -- scrambled! A safely helmet cushions your head and can prevent brain injury. When your safety helmet hits something hard, the outef shell spreads the force of the bump Ihrouge the ertffre hairnet. Then, the styrofoam Crushes and abSerbs the shock of hits and falls. ADVICE for parents 1 Bea role model! Children follow your example so wear a safety helmet yourself, it's the Pawl When cycling with your children, think about how upset They would be seeing you witie a head injury because you didn't wear a safely helmet. Ghlldren carried as passengers on bicycle tamer should wear helmets. Look for Canadian Standards eieSge+alien [CSA), Snell Memorial Foundation, or American Society for Tc,Gng and Material$ {A;aTM) stickers on lightweight, soft shell safely helmets designed far young children. Only children overage 1 and weighing under 18 kilograms (d4 pounds) should be carried on bicycle carrier. Follow the manufacturer's recnmmendaIk rte for Installation and weight requirements. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 10, 2005 City Manager Sign -off Item: Check all that apply, ❑ consent E old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending Legislation AGENDA ITEM TITLE: Bicycle Helmet Ordinance GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Received power paint presentation from Spokane Regional Health District on issues relating to helmet safety. Powerpoint and discussion by staff with Council June 29, 2004. BACKGROUND: The Spokane Regional Health District provided the Council with information ori bicycle helmet safety last summer, including a proposed ordinance for the Council to consider_ At the request of Council, staff analyzed the proposed ordinance and discussed it with the Council on June 29, 2004. Based on that discussion, the Council declined to consider the ordinance in its then -existing form, and requested that the District address concerns raised by City staff about the proposed ordinance. Those concerns were forwarded to the District. The District asserts that this draft ordinance addresses those concerns. A representative(s) of the District will answer questions about the newly revised proposed ordinance. The infraction levels and charges are as follows: Class 1 - $250 plus costs = $513 Class 2 - $1251257 Class 3 - $50f103 Class 4 - $25f52 OPTIONS: Request more information from steff.[SRHD: port p-oposed ordinance on first reading.. RECOMMENDED ACTION OR MOTION: NA BUDGET/FINANCIAL IMPACTS: None at this tirne. STAFF CONTACT: Michelle Wolkey, Attorney for SRHD; Cary lJriske]I, Deputy City Attorney/ Cal Walker, Police Chief. ATTACHMENTS: Draft helrnet safety ordinance drafted and proposed by SRHD CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 05-020 AN OIWI ANCi{: ON I HE CITY OF SPOKANE VALLEY, 14 .'SSI IIN(.'I ON. !RING THE IJSE OF PROTECTIVE II`1,\'II;TS wiir N RIDING A BICYCLE, SKATEBOARD OR sCC)f} 1 ER OR I: SI'i4a SKATES WITHIN THE CITY OF SPOKANE, VALLEY. WI liREAS, tlrcrc. iw cunently no siaie (] local regulation requiring the use of a •,vil•'!1 riding a bicycles, skateboards or scooters or using skates within the city intii :;and [11 I-.' �,1 ��r Tri.: to a protc::tive ' '•1heji riling a bicyck, skateboard or �'crr;t�r qtr ustr�t�' Sk tL c.', cat s ,ask ul sL.r ]0us injury Cil operators; and WHEREAS, rcq .airing the use of a protective helmet when riding a bicycle.. skateboard or scru•. r or using skates would increase the health., safety and welfare of the citizens of Spot zine Val ley NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section I. Intent. The City of Spokane Valley c1It r� iii it tlr, rise of ipi-crtecti c .1icli itis wlrrn riding a bicycle, skateboard, scooter or skates is .CL -:ti Kry to protect the health, safety, 'and welfare of the public. Therefore, the intent of this or:°:in.,ince is to pronr.ole the safe operation of bicycles, skateboards, scooters and skates in order to jSrc 1L\'t the health. safety, aritlwe.11 am of the public. Section 2. . i;w code provisions roguiritm the use of protective helmets. There is established the following new Section under Title 7 of the City of Spokane Valley Municipal Code; Chapter 7.40 Use of Protective Helmets. 7.41.010 Definitions. rh following definitions are applicable in Ibis chapter unless the contextotherwise requires: A.. "Approved Protective l-leInict" means a head 7,: crisis designed for s of ty i.inn riL7cts ar ;exceeds the required safety standards adopicci h', 'lac 11.S. Consumer Product Safety (onlinissiort (CPSC) 15 liSCS /..-Ofl.4 t by the \;n. rican National Standards Instituto [;,'1NSTi tl•, Snell 1.oirnaalicnn; tl7C .Arncrican Sii icrk' for 'Testing and Mats rink (/± 1 vt.), or such subs q_rcast nationally siatidards for helmet performance as may be adopted by flee City of Spok.:rn.: Valley. The helmet sb t11 be equipped \\itis ,r neck or ell.Y 1 that shall be securely fastened - chile the user is riding the bicycle, skateboard, or scooter or wearing the skates. 1. "Bicycle" means every device propelled solely by human power- while a person or persons are riding, havin!i two tandem wheels either of which is at least eleven ilichcs in diameter, or three wheels, any one of which ii more than twenty inches in diameter_ Within this cli ipter, the term "bic't�ule - shall include any attached trailers_ side ears, and/or other device being towed by a bicycle.. C. "Electric -assisted bicycle means a bicycle with two er three wheels, a saddle, fully operative pedals for human propulsion and an electric 1no:or. D. "Guardian" means a parent, legal guardian or other person eighteen years of age or older who is responsible for the safety and welfare of a person under tliw age of sixteen years. "Person" includes tho5c individuals who are Live (`^) years of age or older. F. "Public ir2.a" means pci ]i i _i;i 1.x:[4.;, tiicle .ti: !lc bicvc-1c, paihw_ rine r[fFI'. d -vr ivy, par 11cl,u C.Y., I II c.:!lly `rk 1 .11191 tllc (;. "Scooter" means every device k•,itl1 :[ pl o.f rin having two or more wheels l� [9tt.tl- it ;illy I ;i'_;Incing hand post or sit.crin device, which the rides balances cu Ernd , h LI1 is propelled si.;i.. 1 • by ha1i [n power. 1l. "Skates" includes in-]inc skate,, roller skates, skate shoes and any other that has two or mere wheels attached benenth. 1. "Skateboard" means every device with a platform having two or more sets of wheels beneath it, which the rider balances on top of, and which is propelled solely by human power. 7.40.020 Use Requirements. Thu requirements regarding the use of approved protective helmets are set forth below: A. Any person riding a bicycle, skateboard, scooter or ricin skates., including any passenger thereon and'or person being towed thereby, 0[7 cm), public arca ill the city shall wear an approved bicycle helmet, and shall hfiive either the neck or chin strap of the helmet fastened securely. B. No person shall transport another person on or tow another person on a bicycle, skateboard, scooter or skates upon any public area in the jurisdiction of the city unless the passenger is wearing an approved protective helmet. 2 (. . guardian is responsible for I-;2LIA' i-inL2. t,l:,t t17t.: of sixtccli .eth-ti. \-Vh{) is ' n :cr the guardian eurc l:' i L1s girl approved protcct1v;' h.:An:et, the neck or chin strap of rvliic.tl ':4 fastened sec unl .,vhi1 riclil-. a c , skateboard, scooter or using skates its the guardian' :ir s,:ncc. 7,411,0311 Special Event Use Requirements. The requirw;tu nt..,i :applicable to p'.. sous or c;ntitics managing special events are set forth below: A. Any n:•r cin or entity tian .ging a special event involving the use of sh;',tch,o .i';is, scooters oi- skates, which v411 take place in whole or in. part in tlr-I\. public irea in the city, shall include the following statement in all promotional materials: rials: All panic it ws (Ire ]'germ -0 Fr.) li ea,r• approved proteclil'i ParLfdc'! 3{'vi+,S tS'ltf7i]i1i i'r,r''?• i L.`i,rprof alive hi:'imE.d,1• will IN:: C.Velikka. 13. • iv [TTSMIT [11' i'11_tit`: i1i:inagir1L< a spocii! 4`':ent involving the use of bicycles. sr;.atebonnls, st:ook1'ti or sICatcs, which v i l take place in whole or in part iii any public area in Ile city_ shall require that :Al participants wear approved proteL;nve hclnicts, and cxc:1iiiic ;riy participant who tiUL; Hot wear an appr(wed protc:rive holintit \Vliil.e ridiiw a bicycle, skateboard, scooter or using skates wbi[e in the presence of the event manager or its employees. 7.411040 Renting, Leasing, or Allowing Test Rides. This section sets forth the re,'.rirLJI'.c:lits applk.able 4o rcrtl.irig, leasing, er allowing test rides of hi{ tilesat%b[16_rCiS, 5CC101tCr-; es. A. Any person engaged in t1u business of rentiti, . insing, or allowing test ride~ of bicycles, skateboards, scooters or skates far L:sti i IJ Lorry public area of the evil 'dial] Aipnly the person(s) renting. leasing or ti,ti. L[rl,,ill-, the device with .an .11}pro',:2,1 protective helmet, unless the rider establitihc; 0 -Int w or she has their 04',:n hCl:fret by showing the helmet to the business r1•ore. V11.a.LiVe. B. Any written rental, lease or test ride i1f';r:!•clincitit shall include tilti. following statement City of Spokane ValleyMunicipal Cccfr' { ,rb:'r"lrc:t'7..45 a'eoTi?il'S rr'rr,r approved protective helmets be propLl ,',, G4 r.t by person r'! _Pg bicycles, skateboards, scooters.. or rrsi7z5; skates. 7.40.050 Selling Helmets. Any person in the business of selling helmets shall not sell or offer to sell any helmet that is net an approved protective helmet. 7.40.060 Penalties. The penalties for violation of this chapter are as follows.: 3 A. Any person ,ixteen ',t°,u"ti .,1 i s or older viiiiaL.in!. any of this chapter shall be cdc<:;iii°•,; to h=ivc coii'iLtitted a claw:; Ihr....tc civil ir,l'r.icticiiL- II to violation has been determiIned to Hca corntn]ttcil. the vit71;11i?:- ilio` penalty, along with court costs and ices. B. For the l,,.irpuse of this section, ill::: S1,i}I._iiiL Palley Police Department is the person authorized to force ille l+rir.,is;iu:i- of Illi (.'l111 1 ti C. The Procedures for +.lie iwstl,i:r:c of a of fnfiartic}ai. assessment and payment of monewry penalties be in a.. coma icc -,vith provisions of Spokane Valley Municipal Code Section 1,30.040. D. Any person between the ;_igt-s of five (5) and fifteen (15) years of age violating any provision ul't{ i : chapter IiiiL\ r5 ISL Vide 1 0iL11C iLiL1ri L1 i;tstt•ucti-on an the neat fot. and availabiliity of approved L rot. cii c IL41Liit ls. 1.. lnl5}a nali::n need for approvt:d protective helmos, Safe helmet usi, tI:<,{fi4: ,7f t �:,II.Lt,Ll.ir. L :!n,.i helmet safety progra»xs are available nt the City or 11.}'_;.411AlIcy'PolicLi 1)tiTL]in1entand Spokane Regional llealt1i District. Section 3. Sev'erahili.ty°. If any section. sentence, clause, phrase, or word of this ordinance should be held to be invalid or ttnconstilLilionnl a court of con?Ipe.lciit jurisdiction, siic'i invalidity or unconstitutionality t-,11:1.11 nit .1Il .ct. the validity L:~ c.tsiistittii;4inLJ.itV,' of any other section, sentence, clause-- l i.:L;i c, L>. °. i I; L i"C.k Section 4. 1i Frt.',i c ] 7.itc, This Ordinance shell be in hill fLarc� five (5) <I iy-5 aitcr :l'e date of publication of this Drctis .Lit is or a trir..i -1,,• t1i . eot in the official newstuper of the City. {'.A.SSL1) by The (-'i:'; C'ciiI:,,Lil tlii; cl.: of , 2005- P••1;tvnr. Diana Wilhite ATTEST: Approved as to Ii:inr: City (Jerk. t:'l.itistine I;.liiihricic}c l)cputy City Attorney, Cary I)riskeli t!i' l:: t lu ctive Date.. 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date May 24, 2005 City Manager Sign -off; Item: Check all that apply: ❑ consent ❑ old business X new business ❑ pudic hearing ['information admin. report ❑ pending legislation AGENDA ITEM TITLE: Bicycle Helmet Ordinance, first reading GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Received power point presentation from Spokane Regional Health District on issues renting to helmet safety. Powerpoint and discussion by staff with Council June 2g, 20D4 Powerpoint and discussion of revised draft ordinance with Michelle Walley, attorney for the Spokane Regional Health District May 10, 2005. BACKGROUND: The Spokane Regional Health District provided the Council with infornnation on bicycle helmet safety last summer, including a proposed ordinance for the Council to consider. At the request of Council, staff analyzed the proposed ordinance and discussed it with the Council on June 29. 2004. Based on that discussion, the Council declined to consider the ordinance in its then -existing form, and requested that the District address concerns raised by City staff about the proposed ordinance. Those concerns were forwarded to the District. The District asserts that this draft ordinance addresses those concerns. The Council requested that this matter be put an the agenda for a first reading. As mentioned May 10, the staff provided a place holder infraction class level of three in the draft. The Council may want to consider changing it. The infraction levels and charges are as follows: Mass 1 - $250 plus costs = $513 Class 2 - $1251257 Class 3 - $50/103 Class 4 - $25/52 OPTIONS: Request more information from staff/SRHD; move proposed ordinance on second reading. RECOMMENDED ACTION OR MOTION: If the Council wants to move the matter forward, a motion would be: "I move that we advance the proposed helmet ordinance to a second reading on an upcoming agenda." BUDGET/FINANCIAL IMPACTS: None at this time,. STAFF CONTACT: Michelle Wolkey, Attorney for SRHD; Cary D;iskell, Deputy City Attorney/ Cal Walker, Police Chief. ATTACHMENTS: Draft helmet safety ordinance drafted and proposed by SRI -ID t.1..V OR'S REPORT! liivor rclit?t'tcv tri tt s11c tiu :idcd [ cstalr ant 'rand opening; T:a:ticili ierl .:. Clic L.ilat P,.r:�ti1c: li°;it'CI�d to I.311.10 WPA'rS I`tchnt,Ir v 1d 1lr❑ \ 1i.:i rlic.} a c. doing :csc.ar.:h tii reniov;; phosphorus t':cni the w,i ::tr:t1 (ha! the(1 'crnikr was in tom: and signal a 'pill cl4=frills', a.itlt ec:it!or:h development reser i c accounis. PL•i'3Tic COMMENTS Mayor Wilhite tnvitci public comments for itcrns nail ti:i the _7gc.r;d.a. r:c: t:nliuler. Ii4tlfi E Baldwin .+kWCt:ti : tlirit she has problems in wa:ci- :tuic3l l on her pro : c:'t`,; tl+;:.t ller propeity i3 si1apc....; Aril is no place for the water to run; new that a dry t. 11 ti; I:tr in place. c'nc i11CLLing to her property adding to the water issue. It Wad cm_ will. Ipc _i;LT lc. 1:11, 1s_°r r allow -up. 1. C:t)NsI-.N !. ,'1(;T: '11:1.1 °45•17:ch .approved as a group. A C otitic.lnttitilhc tr,;,y r.itro•.i :rn it,rrt :.11_,111 coda to be considered separately. (Note: C:ciiinc:it may ent.ci Milli yr motion to waive re"ttlill;; :inti approve Consent Agenda.) tt n lir-rrw ;il til SL:i:ly ti :tie-ic r1 hyfe.ctiti ?v1:r'.iii s ' tvl:.'•.3, 2(105 ir..`°�:71i�si•:.1 r}' 1 .._Lii:ir t." *tlit� it 11t-ctii `, w,linir°.w::• :vt:i4 ]+.t..?f1E15 c. 1pprtiv ;l til ;i ul} `wssicrrj h14r Iti+l° 'kli;'.it;:w w "r••i .. I , r_I)(17 <1. ?'•.;aprova] p. I'; .roll of May 1 5, 7.'0+14; 01 %1 I 1 '' _O6 c. Appre-rval of hIebile Meta i"'rrniputLr I'lirwli,i4ti ol'tlp to S19;c.368 I. Approval of [h Followinu t+:iulier : VOLCIIH-' t IST VOUCHER i].R iytlrYl:7ct'[S} 6760-6X06 1 64r};-645 TOTAL V()LICI-lf:R A ivIO LN..[. !31.062.7 h Was rrlot°'f'd �,ij t_..tlLnc,'tdi'ti?rrrhr±r- �:t,i iw ��<< ; cc n lo1 1i 0.74113r:rll+te1nher f"ko..i{an, and imam/nal/sty rr i-eec1 erpun to iti afire the reading rir,[1 app,- (he C'urisetit :lgcau!c'. NEW RUSiNESS 2. First Reading Proposed Ordinance 05-1119 for Street Vacatirin t T111 91.45 -.irinx Stirrup City Clerk Bainbridge read the ordinance title, followed by a Poweii on.L prwrLntaticil by Community Development Director Sukup. Director Sukup explained that the vacation, •c°ill Ii: relit full tlevcin.i:itent of the property for beneficial uses and permit appropriate levels of rnairnemnc:: 11141 t13.6: piiilinul Of I51" Avenue is no longer required of public use or public access, that the prr,licrty is part o1` an existing residential development and it is unlikely that conditions will change in 'Ile luta: c to prov'iclr :i L,rci:c.r use or raced than presently exists; and that the Planning Commission 1'e'coil.'rte°i,iw approval by a vote; or rout. to zero. Mayor Wilhite invited public comment; etc comments weak °tiered. Dc -k. ,'irkal) also inentiottcd that Qwest will require a ten -foot easement for cable located along the nor11 ern it, Iii tiC v4 iti' or the property to be vacated; and that Avista has no facilities or objections to the pi-op1S2i_ }t ii :r t;wc'oJ by Cor.mcilrriember• Taylor and seconded by Calirlwilni tuber• Denenny to advance Or d:na rti c2 1,15 -?1/5.),Y) a second reading. Vote by Acclamation: In Favor Unanimous. Oppo.'ed: None. ilbS,Yi,rrOW:' Motion carried. 3. First Reading Proposed Ordinance 45-020 Helmet Safety — Cary Driskcll After City Clerk Bainbridge read the ordinance title, id was moved by Councrhrrcrrrlat•1 1.7a+thyro and seconded by Cnutaciirirerrrber Schi.trrrneis to advance the ordinance to a second r-eenling rrri ,,,; i.pcomin agenda. Deputy City Attorney Driskell explained that this ordinance was originally proposed by the Council Meeting: 05-24-05 Rve 2 of 6 Approved by Council: i6-14-05 Snok ane. Rcgionii': Heald... District, it was discussed at a previous Council study session, .ilei the draft ordinance has one, 4Ii iiu c since it ai,as seen before, that change. is under the proposed 7.4(;.1160 under the pcuailics. siibll:ara raph C;, w.id) the :adder] langu i c at film end of Lila sentence `rw°il]1 th,. prc:4isions of S:,i}kaltc Valley ]w•lulaicipa[. Code Seerior: I.: U e..:I: ' iti :l din is J. daily .1iII =We b ' .w,.c the initial draft reviewed several. ww cuks ago and :;i:s draft. l`.ii. ris3,L`li oval- :i,e petiali,, p[e•':•Ir-ions ante ordinance:. :]1:3t it has an educational function 101 11ct+lil.] of and 1ti' and illi :'rn,rlty "orlld applv :o 'violators sixtc.crl yCiliti ,1IL1 aii:'.L: odder. \I r' I}i Is1,011 ]7 1ti',^.{t 1f (".[71l ELL ll ''.....Mill like Ic :,1.1!4r.-,1 l! differalt :r,f-ract:lin level ntlicr tlt;t]I t`r1C LIiL tio,',:ntl! s:":I :'.1 L L.I.lss 'Iircc int:'il tiSwl'!. 1i:wtllj+ f'l.I'Si']i:_Y 17r'iskcll also tttcr:tioncd That tw'Eil] ;herr' iirL' Ili' r l'rt + Cltiltl,"s`ti lbw! I,'iL' I'telr,'•.. 1):'lllli fn'ilt l!c:re toniglt:., nacre are represceritivc; from the Spokane regional Health E)L.t2.ic'1. public c!?IL`,niL']1L: The foiIcnvinrt individuals spoke in favor of the helmet safety ordinance: (1) Alvin l ishcr, 1 ;1 OR E t-2: Dr. Kinn Thoi`nburn; :S;1+4:;111c i:;,urlt)' ]Ic:r!il] t'.:it .r. pakane Regional llcalth Dislriet, ar'-y ltiicl[:r_ 103 l) 1. *i71 I. a ! ,,1.:CLr Vailcv: is l} Hilda 'l iic:[1:',s�rl 10913 E 46'II Avenue, C,;['c:it;;[ Spokane :.-I.[otrt,o Abuti4..F'rcvLnlicii Council; and (5) Peggy Hedges, 1}iiet it E` [ : ;to[:lre. County Ira Tie C•a,i.].riis il}r:, 1026 W Br0tid.;:wny. Spokane. :iii i 4 ]1Et`i] -.', ;.;cl that Sac .and hcr arc the parents of Sii 1r.[iiIl:'] Scl-derFwho. passed away two weeks n„1. !i' :''L I :h:!' she dricsn'1 l~-lievl' _rL ord:_nane.e is TlcCt::tis.liy: l:Ltt that it is important that people and 1:t::rld 1.1_ t,L - i1:C and mull r'il . ':'nr :° c:rr.sClves cud not to be forced to wear a helmet. Mayor Wilhite invited fo t:[tr public comment; rt: 1:41.11 her comments were offered. Council then r korissill tire merits of the ordinance, ('n.lncilr,. rtlb I° Dcro!'`r:"• t,al4cl t:::t: 11•, on ilii: ]?c:L'.: ii:Ll that Chore arc nanny a,Ill:-1n from wwh;[i l::•t'lt'r dirt . have :L `r.L; Jr]d 0 is iti 1.1!1L.:L.:I' I:!rk'IIrl; limn :111.: r,,r[]n1r]Ilc0s, a suusl,!r:tim�' I'rciticwt "1 i:l injl.: i1-',7 -1i4It I -urL: ill'• ;l tClertt number rif bead it _rl.:s which arc taken c::rL: Lifby the S:. -lie: 1.11.1t :Ial ';hili l::L 11:7 Iii !'t'I 17i:apl In die :]Tit 1i wearing i..[1'irtts slao•s:ci 1)0 comi'neneed; that l':e orchlr.r:rt,,r. has nUnr!I.a' !c:'i.IL1Ii LOns regarding fines, plus Lrlucation; arid that it could help relr-:w','e the 17+:.21' prl s:;.ai'L a'4_IL } I,,'0r' , miiht enccl.lntc.r irorn not wearing helmets, Councilnlerlber Taylor saki that he realises the importance of w• .sarin<g I:clrr.ct, but i1 si1r,..Itl he. a ques'i0F1 of i 1(1 V!(i ”]:!] respori ibility ani; parental responsibility; aintl t11at it is not a proper I.4L1e i 1' local nati01T1I_1CI0 to ilttcrtc.re in ibis maitcr, 'll. It ho would lel', ar 7 iosoltaiiLa•r, it.'s bike safety week ilii{afar the promotion of an educational C[][iil71:t 11 un the S3tCky 01 11C111lo1w, h.11 that pr.ssi ]g ordinance will make p ogle cic l;lr:l. r'41l'I_ ii[IL:r 11:iL1 1)4\ 1.:1 t' iii L,t?:17..Ai:1:d :11,1: Iso ... t.` tie".ii!!;i:i 14'li l II'I!ti t''I"�.I] I II?C4:, l '.li rc is rin I ell:,' I,L']"f C".S lli '•w'L:ilIIY`; C ILla1 ll't, bili kill., -.I ]iIIIv [Ilk is and -t for Lo draw the !lift': 11 L, .i. 17 '•..4 i 1dots'ti.o l}VLi:. 1'olice. Departtllc1Lt ,)idinanLL.. t, '•a!i.L'S 171.:[i'!l>C'1' 1'l riig,1n: $[1Cthat hi L ." I I:ti'i rli' 'l il;l C p. 01 C'I'Lil1 :!]1C':; 11 LI 1};} l}l-!:•1,14'1115 in requiring ';i1:L"9i ft. w4'i la l- Ii4lnicrs: 11'011 adults `;lli'iL:1 1:,I•;'_ : h:rll]l:i ',1� .Il lrlti',J, bur, U4ti'C111"P: ". i'.l Inv.:. a certain clement °::vv toprO'.ocl_ tl!c kids_ Wilhite: explained tl'.1-t Ibis l:i uEri Int wt.cn i s a I clti;t}.;:. 1.!•L'...•;41...:41; arc; this c-'r'clalL.:IrtCe to the sea. boli :}5t4; and wEIc!ip0 ;plc I'.ii.'o :I tiil11111Cltic tianay Accident, that depletes resources i10 i n iy heave been rir-cinlllila'1'il_ tlTat the costs are great and linnl + t11;1{ti Il1i7SC cosi 141 OL1 111C 0llmrtil]11,4' members to provide services .o t17:at pet st7t,. [ao.incil Pa e3OI' Aparow'od Ly Oo4IiiCill; (tri l4-0 ' Schin'tnels° m11101, -2d someone ;an a s r. 11k1 40 roiiz siCe of the wad, 151111 per 1..(71.1i ".1,11.11 91.,1 iC11 1.11/111 ha IOU 21'011. C111., LIKE the interi of the 1i1 i: 11,7 r:K:1-;11:‹.1-; protection; and that he wetld also 1,1kie to sec 1Iu austkt,ai Chis lypC O1iDcdiI1aj1C. J by .....,a(niff2i'e to a sc..-rood r,-,,7;r1.g:J,Fa-0,-. Aftsyn''' and nt....1% andDJ Motion E...arriecir. odisiduritimn: \V:1rslitil :Wm:Newel-a Phu - Seoul ft C. NW/ „FCC 7.J ar hi CertLorc,rW•L'r 6,17 /th Woi1r.vhI.Planrii.,•tt, fij :11'1 !.r /7:Iii:JH (he 1-Ywoo-yi.,ed chaNgeil • ' Hrlirqs; Sprokalh' Fa/!ey thg Pi!Clke. unknown friair w Yule 10 adopt ilok, r:;yange$. Mr. he 1,7... For questions, indsn>, 1ifSpoli_i_npi• Coma). tJtLiILC, Tylrlyer cc:Tim-Tut; 11(1 offered, Coancilincr.Thr Deleninv sed thitt this is an ii1r211,111t siep s11, -"X r-cco: to 11! icgionil iSII. of. itutportnacc t..u.c.t1 cs Ihi:5, whit+ j.cine 0: :lie i'czY:Loris Nkrty iIi7 (L inci.nrp tLL 1(L. u- • (eroroprrv;r; 5_ Opp 0,576,4 NelP12 e 4 i; qi'n 12 1.‘ None. Motion C11f7 1'1 1 5. Motion Consideration: Storntwatcr IL:pgradt! in 20015 County Sewer Pru'ects — Neil Nersren tii.-tvCd by Counc.'Ineedrber cli,wrove .*6 'he stortniciuer fiord to the COriOry reprlirS 0,•.,,V,r4;o'Cv :ri the 21V17.5 l'rrYit,CR 171.ircut11.1-:;.C-ist,_1'....;,:plAned : I r.2:-:1111 Council appro:.'al pEiving, staff Nil L1..il 11tII1L upprov:l 1' pi 111.- die County for repair, upgrading of :lie iIirip tor niv,..ater prc.rcis for 7005, 1ot;t1 L.i I ior :,;r71crriS is $77,440 ;'.1171:J Lle1iI iG: for upp,r:!ding systeiri foi .11).2)(1 mg ..N.c..11.4:..i11.s is $: 67.959'.; and that by compie•Ary 1iNv..•ork durt:igiht oniisouLion of the 2005 7^..iviocds, '.e save the cos: ci repaving Ihc mreet.. ...:2ontment; 110 comments were alfcrod. Vote by Acchunution: In Favor; Unanonous. OppumJfi: None. :lbsh:ntions: None Motion carried_ P1IBT (T)MiNly.NTS: .1 rorr.- inke IIJbL comments on the pavement cut policy in &Et niirust.... [_IL [op' c 1: flarL A vista U[iliiies, 2.10(.1 I:4,11;i • Ic.11:,,,-;Y:k encouraged ;1...1...)ption at.-Thalt tIiits....)11CV aS tIdoiXed h !4.1.-.ol..,1:k2 11 LI rjI Spcika lc (.11'y relc:-!.x,e, to 11.:'1:itlout "Regional Cut Policy;" 111,."1: tritely 1.1111i2s: and feels it in the cI 1 r ltSI i.v.7 all rif!onrics to adopt i true legion -11 [1016.5( 1-1tii- CT L11 .1 11 chop up policies among and that IL policy re.movcs confusion aLLd improves cooperation. Dirci-..qot. or (..tperaii.:..1),.. Water & 11.-11 he committee this nri 111:11. looked at (11.7 uk,st 1.1) wdl bencriciot 1) I0tI1: ptirt oil [Isis spol,e ill1 tie: 11:t this incH..(1,.z. [11,2:_` roa,;_s kikc. .:1F1 L7 •)-1 10 1..,2cr) IFicy intact; adding LIi:iL cO1I io all_ (:1 le A Vt-...71.-v:05-24.0.5 ApprovL•tl by Council:06-14-05 4 of CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28,2005 City Manager Sign -off: Item: Check all that apply: ❑ ccisent X old business new business public hearing LI information admin. report ❑ pending legislation AGENDA ITEM TITLE: Bicycle Helmet Ordinance, Spokane Valley Ordinance No. 05-020, second reading. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN:: Received power point presentation from Spokane Regional Health District on issues relating to helmet safety. Powerpoint and discussion by staff with Council June 29, 2004_ Powerpoint and discussion of revised draft ordinance with Michelle Wolkey, attorney for the Spokane Regional Health District May 10, 2005. First reading May 24, 2005. BACKGROUND: The Spokane Regional Health District provided the Council with information on bicycle helmet safety last summer, including a proposed ordinance for the Council to consider. At the request of Council, staff analyzed the proposed ordinance and discussed it with the Council on June 2e, 2004. Based on that discussion. the Council declined to consider the ordinance in its then -existing form, and requested that the District address concerns raised by City staff about the proposed ordinance_ Those concerns were forvwrarded to the District. The District asserts that this draft ordinance addresses those concerns. The Council heard public testimony and considered this matter on first reading. In ruing so, the Council instructed staff to leave the class of infraction at 3. OPTIONS: Adopt the proposed ordinance as is; adapt the ordinance in an amended state; request more information from staffISRHD. RECOMMENDED ACTION OR MOTION: If the Council wants to adopt the proposed ordinance as is or in an amended fashion, a motion would be: ''I rnove that we approve Ordinance 05-020, commonly known as the Helmet Ordinance as proposed.' BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: Michelle Wclkey, Attorney for SRI -D; Cary Driskell, Deputy City Attorney/ Cal Walker, Police Chief. ATTACHNIENTS: Draft helmet safety ordinance drafted and proposed by SRHE_ NEW BUSINESS 2, Second Reading Frono5cd Helmet Ordinance - Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved i'1 Cr.ii7rn °ilirrc>FrJtrr'r° 1)c:rc^rrrry .urd seconded by Cuu+rciiinember Fdr.•rri±+r.'rr to approve Ordinance 05-021.) liiiij rh;. anrentinic.or E defining persons ro read "irrc'rlrk°- those individuals of five years ref age anti nitric). r;rr• 7_}r, ref 16" Deputy City Attorney LJriskc.11 e -alai -red Thal thele have been rip CAangc: since t€1L• first rt,ILli_:g. Deputy Mayor Munson said ti_cre is- Ll problem,. :1U11i>I. li not i].t:-ilEiliL'd. as to L11C rii;inbcr of ineiccnts that result in head trau1Tnar, Ik1 guestitl is .1' p[:rha><p El -L- her 4-r route 34'o t]( he 1i1 ag :Cs 1'.'^L •,C[, t ;won - i:tc!L.Idi-ln pOSSihl:' liutairlg t' 11 helmets tl'rr'.1!;Jt l':, ti' 1 1['1 : 1)[0cr, ,[rid 1l;rti 1 I11;i illiry llrtrl rerl l' rin a fu1.11'c Itud ' session for r,:rt:)CI CQnsic:l•:]-:,'1O]:, "LII1L" 111;.':1 r 1:;s a 1tC!llltt Pak* i.'11{or '3 1"!I".,! Ir14'IIL'd prstaP11 cL)I11Il1W::1. 'i 1i lli'l'li'.':_' 117i.•l:ti' 17: L'ip3osi1ii)n to the :•.I:11111.t 4)rdirlalic(7. inos1 Ol '.1'Plr}]l, late(. 1L I3 •.,ip to LP7ti J111 }i lilt,". l I.II 11n1'''lll:;' ii {i.!*:Lc '.9.117' II1.t :I7 ttCt-: d: llrin.�t. 1. S1.1c.'y ti•,' 1': Irl, 1,1::;..?!) 1' V`ClICSIav- ntca'ther' f Samantha SchclrF 2_ t•Ivr:l �i-1n 1, i I{r ilislunulr road 3. Lau:-.. 1'r4.L ]l 141112 L Fourth 4. Neil H+_n';l Il, 1162 I' 34:1 5, Darren 1-1.1n:c+:.,n, 1 1 ti21 £ 34412 1:1� ::,ilcsr:in spoke [rt favor 61 the helmet ordinance to prol-cL il: public against severe head injury and/or 'deal l l i 1. f)r. Kiln I'hornherryn a.;a°1.. f rc; 111, T7itlrict 2.\ •iitfL'.I 7rl:i 3420 3. 131I1 (iislt;Ill.11ln, •- VLI]Jc 4. Nancy Flill. 4821 �,IllYvale 5. T'c.^;Th. 1 l;nrl:<<.s, Coordinator for Spokane County Traffic Safely CommissionL, 1026 W Broadway b. Al 13$4$ E Valleyway+ kin Thorna, W. 11C() Million, .Spokane ['Ay police Officer gave inrorrilaiiori and history concernnlrl the Spok~:i)c City II::Irn•;I ordinance: t1.. i[ since t;,c ordinance wra:. passed in A'.lgust 2004. ScpI1'.rn11t'.r. ;:I `li] ('h:1i7bcr ti. '.I k:l !'t r.._tes of 73%. and Aptll and. M a ..y or this yin:. Sliii•.',' 5'i L:S:I:;re i •1 .. and thatS.ILiL''* ::1,71,1 `.'.ILII 'ii:-.: 41e: `�L;1c shows other 111riiiii irillt1eS L1tat. have I1Jcse frr'd111allt7.117::Jnd [kit l r ;.t'11 3;1;11:; due, Fi' r t' y;:-1 .''11iy ;'? :'' lllcl,;c were adults; 2004 collisions hal ) a'a iadults; anti :50% ti'1 [C: ,L ILLitS_ folllt Boyd_ 402' S Forest V .-:Jdow Drive; sp nkasne conccruiiL nlix:ng bicycles and vehicle traffic; and sr;a1 l tlt:: 1;c '.vault[ lee[ �:11:21 riding on a sidewalk ihan in r[ bike "talc; and suggested making our area more bike'--fricndly by ha •ili inoic for bicyclists to Ioc .][a t! ciii bi[4'es. City Manager Mercier n1:'ll,i':'ii,:c1 'I::I (',gut};;ilrilernbcr proposed change in the ordinal -lee }lrnrr1111s tl>.e need for funllc l: 11 Js,::, . h,n:'r_ i!, ctrllcr to I ^:111 :1 rt alts rr'..ili consistency, and suggested (.r'�,11}C'Ir C'oiisidCr C1ClCtlllk' '� :l.11ii < i:I1 ft.: Il„r1,}:[! r.n:I-2,C 3 regard Fl!.!,I'i'[..di c5 anii Lo that renumber Lhc ru;lill i[l l- [lI:I r.5i,'ali ['•.-LF_ %I.:rcC'-' ;LS[1 C17ier PY'•alkL1 rc iiiI:ir'.g [torn ouut- (71 1' had :irt\ I1 II l\ lC`'•ILIicd In SUI pop I ls' t'i:[ICaLl471 l :)[il])li[li:Jlt5 and of the need r;Lrti';Liiirlt: lilr1:i•:1 Councllnlcn'_1)CI" 1.}i i.C.:111': ;:l' 'i '..`'ICr`1 'adding the friendly C Ji('i:doeCiif to (/W MOP. On as suggested by Mr. ��•,rL'7'i`f;?f-; Ci)lrPl';J:7r.:'')iol rr' 1:7r.•li'i.ga r h' serf -mac,- Lr.'rit'i1Yl't'.:e t onneftraernber Tic1•[L;11.11y sa.:Ll that he feels L.1crc is a need to ::_t ibex; 111:5 t'or children as an F:id 10 p;1ri'1-,Is iii c:1:.p11asir:inz the need to wear helmets, Hnd compared thiN issue to the current iisi u! ti,':Li17e[lti .L[ -.i: Ili'i'..-e l i. was previolb.l'' :C,:r,.;pted t0 allow children to stand up in the back of cars- Lel i ?:In r;.lil! his goal Es I„ I,,Iw i,rditiance for children under 16 and hopes i€` successful, the. t:I}11:91± r ,4':Il [l,; ;I 1,?[L ::.;stilet for the parents to wear Council Meeting: 46-28-05 Page 3 of 7 Approved by Council: D7-12.15 prolcctivt Councilinember DeVlerning feels ?...tich it ordinance not he enforced on a r..pitLit basis, that education is critical, but questions p:...s.sn:4! :in ordinance the po,ice1 1 Coroc. arAl ohl ice won't prosecute, Counci I cin[: Taylor thanked everyone for spcLkin2 tonight, that fic. 11-.ehs this taw not tIi c responsibliry of ir. raisir.;2. (heir othicr_tior,7:± pror-inlicri .11 tlir. iiiiportance ."vlayor Murisor, the should respons+iilv Iani vulc qa.nst tlic corricilrIci.nbcr 111H Loinrrior -4.11._'[..,` HALO L -111H1 f1r7 support the tit diDaticc. .1‘.13yor addcd. 111,:1 :-..inivor( doesn't \vttrit children. to 111:; ;uiifLie if flat. wearing lielinLJ: bin she would proinil!:; safety, and Would :ike io cssist io p7oviding helmets for thosc who ,; .n '1 afford the.m. R.oll Call Vote on the motion lc, Ore/ » caw L.:, 0_5-020 with .L Thru.Pith,,,(H,' So ng po. s-oirs. to read "intbrifes dose hrdivIcivai., oil.; ye -if age and trader rhc,•!-.."!':'21..wg A and C mr bottom Ji ru,L;ra voutiltieL .tuc! ,"0-) rentuiibo). roni.u+fiug pr -I+ In Counctlmcmbers 1) iv. Flanigan, and Selli:7..r.els. Oppowd. Mavor Munson, and Councilmernbcrs D.:Vlinhig and Taylor Abstenlions: Notic. Motion Mayor Wilhite called for a short rcecss at7:20 p.m : Llid reconvened the meeting at 7:21; p.in 3. First Reading Proposed Moratorilma Orrtinanee— Marina SukapiCary Mier City Clerk 171...r_inbririp.c rcad r[lc-, it wriF moved IV 141ayor ... by 1.w r reconi wendal Ion to r _ kin. 1-11 inil:y r rcao S L1II) sstic L.1S agted Ix.' inc 28, tor i'rAirc 1 .-',0:Luo nie.)ratoriom iS ziFiI e_-7ve'!or11..7.nt €if deris.,..itic or wort: ,hrir. opt!. liittese oei 111111 H1-iL1 yoning is ndoritccl. En ccsponsc to itom 1)cpuly sukup ir 1.0 zimc..-.,rator:u.iii: ...-..orNmruction already have n -i1 invited p.uhiiccorntricut. 111: 1o1lowin!! in the rriuraluritirrL (rail ' 7;1.5 1id that she !,s not against development; but feels this arid -; it .1: li s'Ittrt citric thcy strategize regarding rirtnittr,2, L nhtl school ilkit tiic1 L1t lo lac Llic time to plan a quality City with Nancy Miller, 1FU24 E Mksion: said that they submitted a pci:tion ssiih ir .iciciiLional 174 signantres,. and the intent is to time to complete a ne..iultbor'.A.,o,l acid traL5;10111'_1(: ine;ukis,...Li is proof of the neighborhood's progrcss, and that in rorrnyi Lion Was not acknowir.c1Lcki. Brian 'Woods, N 2009 Lang Road i.,.sort..3 for i moratorium arc planning, studyi and he cited s,-...ver.31 Cm' to enact a nu:Tricot-Hui, '.11;1t lipe wants studies for impicineniatii)n •of Lon and parklr t I r,t. Lind Appeti space; and wants to sec eullaborotiv..7 rlanninv that currcri :.-:itcpu]d riot bear the brunt of the cost of development. Jim Pollard, 17216 Baldwin, Greenacres: said the entire north side of the neighborhood is shoreline protection; that the map shows that Greenacres is located over the most desirable part of -aquifer, and that r:ot all at eas are the same Diane Johnson., Greeriacres: said this would not be n Lakin; that it is vital not to give away for free all that should be protected, they need adequate time to plan, and urged Council to examine the Supreme Court ruhrrg submitted earlier by Mary Pollard Sue 13racken, 18508 Ave7u.e: said that the GIVIA requires early citizen participation in Comprchent-iv... I 111.;.1 die more public pnri'zipation Ow better; and the need is justified by the need to pursue [italic' on unpact fees for pari. Council Page4 of 7 Approved by Council: 07-12-05 Meeting Date: Approval: CITY OF SPOKANE VALLEY Request for Council Action October 18, 2011 Department Director Check all that apply: ❑ consent ❑ did business ❑ new business ❑ public hearing El information ® admin. report ❑ pending legislation C executive session AGENDA ITEM TITLE: Bicycle Helmets GOVERNING LEGISLATION: NA PREVIOUS COUNCIL ACTION TAKEN: On September 20, 2011, the City Council heard a presentation from the Spokane Regional Health District regarding helmets for bicycles and other wheeled vehicles. Following the presentation, the Council expressed interest in scheduling a Council discussion to discuss the new law recently passed by Spokane County, as well as the one adopted by the City of Spokane in 2004. Copies of those code provisions are attached to this RCA for reference by the Council. BACKGROUND: The City Council previously considered whether to adopt a code provision requiring helmets for wheeled vehicles. After consideration, the Council chose not to adopt such requirements in 2004. OPTIONS: RECOMMENDED ACTION OR MOTION: Advise btaff on haw the Council would like to proceed. BUDGETFFINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Helmet code provisions for Spokane County and Spokane City of Spokane Municipal Code Chapter 10.17 Helmet Safety Section 1017.010 Purpose and policy A. This chapter is en o :led as an exercise of the authority of the City of Spokane to protect and preserve the pltill i ; l oesj° ih, safety and welfare. Its provisions shall be liberally construed for the accomplishment , fineL,Lepurposes. E. It is the express purpose of this chapter to provide for and to promote the health: safety and we: true of the public, and not to crc. tH sr otherwise establish or kicsilrn;:ilu. any particular c14, s:r L'.rom c.f perstons who will ur should be especially proicilud benefited by the :crr15 of this chapter. C. 11 is the specific intent of 11:is L l:ttplL r to p111c12. tFlilig�ation ofeonr lying with its wquirerrlcnts upon any 1'ti-. dill incl c..l':d within its scope.. and no provision of. or turn-) sl ed in, this chapter is int chLeJJ to impose any duty whatsoever upon the City of Spokane c,I. nnv of its officers or employLte. for whom the implementation Or enforcement of this chapter shall be discretion{ry i:nd not mandatory. D. Nothing contained in this chapter is intended to be, nor shall be construed to create or to Cirni the ha]; -is 1' , 1; liability on the part .of the City of Spo ine or its officers, employees Cil L4,L,c]i1s. lc?:' :111`' t".fury or drain tle resulting from the 1'rlliote iU an,,, person subject to this chapter L.0 C41It1ply with this chapter, or by reason or in coni.. -:{.:;L iLeu 4r0 my act or omission in corn] tiwii n with the implementation or enforcer-L(1n of this chapter onthe part of the Cit. (HI Spokane by its officers, employees or age nLs. Date Passed: Monde, Tune 4, 2007 Effective Date: Wed r.cscl iti-, July 11, 2+007 Recodificatiotr7 ORD C34041 Section 1 Section 10.17.020 Definitions As used in this 4:11i1ple]-, '.1]e following tcm is shall have the meanli]]`'ti indi.:a,ei1. ilk Context clearly r'equit'e, ttlll :twist:: ` • "\p1?IC,,' `.l llZ.ntC"t" ]11eti71: far satc 117;:1, s.ltilli [t]L'e1 tii t; T..sl]".„`,mcti1 saLfet (1! tit:iI L1, til$ adoptcd !1 r tltr'. U.S. Cowsi lltk']" ['.i1111r7:. it)rl (C'PSC) 15 1.: (."4 61104, 4 r /-u(1.1 ti. by the ! rneric41r1 ti..'iti]iril ST: A:Ird,; 117:-4Litille (ANSI.). Lllc null 1 i 1 (American . xicL ' l etc wrii?1 1, ilr Odle f' qui .t`._ ll.'r'L i7,'11tll_'.1115 ]CC,C.?I11v.ct1 S1:.i11L1tiud for hellllet l)L'1 l:.nn :]iu:L' cid the City n -lay adopt. -flu. 11.:l:lli:i 117,1 t NS2t'[�i.il1?}� �, `s• L111 "Citllc:r .i 11::ck ar e.hin strop that shall be fastened securely while the wheeled vehicle is in motion. B. "Bicycle" means every device propelled solely by human power: 1. upon which a person or persons may ride, and 2. having [:ulcera� h.!s either of which is eleven inches or more in diameter, Or 11rc 11 c1 , Eny one ofwhich is more. than twenty inches in diameter. 3. ri(hh-.. this chapter, the rciin " bkycle7 shall include any: i , wic1 ears, and/or o.her device being to-weLl by a bicycle. C. "Electric-assis,ecl haL) .)1�:e°d: vath: 1. two or three wheels, 2. a saddle, 3. fully operative pedals for human propulsion, and. 4. an electric motor. D. "Electric personal assistive mobility device (EPAMD)" means any device meeting the design characteristics as defined in. Title 16A SMC. E. "Guardian" means a: 1. parent, 2. legal guardian, 3. adult with custody, or 4. temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of sixteen years. F "In -lice skates, roller skates and skate shoes" mean every device which is attached to the rider rimch like a pair of shoes or boots and which has two or inure wheeIs anach d in- line or next to each other beneath, and footwear which his internal or CX aJ101 wwIi els incorporated as a part the footwear, which wheels are incorporated either in-line or nest to e:; c h other on the bottom of the footwear, --i 'LEN alis 4.ns public roadways, sidewalk, bicycle path„ parks or any right- of- +:} pi.:hlic•ly owned facility or publicly owned property within the City. 1. --Scooter" m `.:'j1i : ,. e F device with a platform having two or more wheels beneath it and laalancing hanupust or steering device, which the rider balances on top of, and which is : i upelled solely by human power. I . "Skateboard" means every device with a platform having two or mare sets ofwLeels beneath it, which the rider balances on top of, and which is propelled solely by human power. Date Passed: Monday, November 10, 2008 Effective Date: Thursday, January 1, 2009 ORD C34333 Section 15 Secti}t>I i 0.1 7 030 Helmet Required A. Any person riding or otherwise operating any bicycle. i lecIric-c[s i:;tcd bicycle, electric pe,ri;i nal assistive mobility device, in-line skates, roller s1;C:1L'(w i. .l:.Ll r]lca (s ,coater or skateboard, including any passenger thereon and/ or hcinp. n wcd thereby, on e:ny public arca in the City shall wear an api' vt2.:] helmLL, w either tiTc' Fcr:l< c•e Ellin ~trap cfthe helmet fastened securely while tiles: cicvi :c i5 LIl Inotion. 13. No :7:;rson shall transport another person on or tow 'mother person on a device listed in l i! :ol tiOt1 (A) of this section upon any pul,: is areLu i:i ii c. jurisdiction of the City, unless the passenger is wearing an approved helmet. A 11[:r ita l is responsible for requiring flint a child under the age &sixteen years liii[1L'r 1_1c guardian's circ 5.4'e;1i rin Lipp:"t ti`c d helmet, the neck v: ell it ~tri:;7 Iclti?�'iic•J cLire[ ', 1`:'llll u i• :1 a dcvic.L' listed in subsection (A) t:•L [11iti :l,.2etioi1 in motion, for ridingt= 's3 passi ilLer on a device listed in. subSectio: (A) of [his Sic1[on 111 any public arca 1tl the: City. D. It is an affirmative defense to a vio1LY"_ion ofthis sccr[on that the guard .ii rc;+p ris _131 ' 1`c•r a child under the ate of sixteen did require the child to :wear an approved helmet at all times that 111c child was in the guardiai 's presence. ft is an affirmative defense to a violation of this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his rental, lease or use of a device listed in subsection (A) ofthis section by a person or organization engaged in the business of renting, leasing or loaning such devices, and that the helmet was fastened securely while riding. F. Provisions of this chapter shall not apply to any wheeled devices such as, but not limited to, electronic scooters or wheelchairs that are designed and utilized for medically related reasons. G. For purposes ofthis chapter, the requirement to wear a helmet shall mean that the helmet shall be worn on the head of the person(s) who is required to wear a helmet with the neck or chin strap of the helmet fastened securely while the device is in motion: I1]1L' I ISSCill 4'14)41.1{�Lr�':. JU!'iL 4.-.�4.)�: j .l'I`ectiv�5,k Daft': i n tip: , .l LL 1 1, )007 Rccoditicatiou UID C34041 Section i 10_17.0.1.0 F-vcllt Including, But Not Limited to, Races, Exhibitions, L)cmonstratiokls, i'araJltr all Id f . ' 'Lits — Helmet Required A. Any person or organization managing a race_ Lii orLgyan:ired event involving bicycling, a bicycle tour or devices listed in SMC 10.17.00r ti iri which will take place in Whole or in part in any public area in the City, shall 1-ticruuile that all participants ridiri y. on ;ir in tow wear approved helmets, and such person .kris! 0-g Azations shall rej eel partici hon s who fail to comply with the provisions of this elitiplcr. B. The person or organization managing any such even:, JACC Or 1•:71Ir-Shia'1 iLIcIuC 111c C'c4.1LL11"cllleiit to wear approved helmets ilk ti pii. iot-ien tl hr'oehilres in -1(1 [111 re,7r..4'atio I r11.11•.�ri��_1s. ;An Z11111:I1iali\`e defer. Q to a violation of this section f! 1 llwrwo11 1I or :11ii,`ltion n All event, race or ioiir that all participants were wearily, ;L]1],1;1�te1 !1,:lrnets at tilt . 1dr_ tl.'the event, race or tour and wore instructed to discontinue th:.i p;..riteill'<Ition by a person r .spL?LLsil]]e for management ofthc event, race or tour at any point v l-lcrc tine participant failed to comply with the requirement of wearing an approved i oie Passed: Monday, June 4, 20()7 1 1l Cl l�'C Date: .Jell',' 1 1 , 210..17 Rec:otitricitiori ORO (34(141 Lti1!, :i 1 Section 10.1 7.(0' (1 Rent, Lease < , l . [ uan of a Bicycle, Electric -assisted Bicycle, Electric Personal Assistive Mohr lit', 1),t cc, Skate hoard, Roller Blades, Roller Skates, Skate Shoes or Scooter — Helmet Required A. Any person engaging in the business of renting, leasing or loaning (e.g., "test ride") any of the devices listed in SMC 10.17.030(A) for use in any public area in the City shall supply the person(s) renting, leasing or using any of the devices with approved heltnet(s) along witli the dc,. -rices unless the riders and passengers possess approved helmets of ther own, and offer proof thereof, for use with the device and further shall notify such persons of the requirements of this chapter to wear a helmet meeting the safety standards described in SMC 10.17.020. B. The rental, lease or loan documents (contract, agreement, brochure or receipt) shall advise the pe.rsoto renting, leasing or using any of the devices listed in SMC 10.17.030(A) of the helmet requirements of this chapter. Date Passed: Monday, June 4, 2007 Effective Date: Wednesday, July 11, 2007 Recodificatian ORD 03.4041 Section 1 .7,.0601 [11 -tie,: Sales — Safety Standards NL 1-10n iia11sefl or offer for sale an approved helmet that is required for use under this ck,pm-, which does not meet or exceed the safety standards described in SMC 1 (LI 7.M20. 11 ri1ilhi. > vicflation of this scet ion that the stile or offer fur: sale of used niddc !J.,' an indivjciwil not enge,t:4..xl in or repairin uiprnent, such 01.- !-;,.2.1ror at a Llaral;:e or run -image I e. 1):Lic Monday, June 4, 2007 1: iTective Date: Wednesday, July Recoclitication OPD C34941 Section 1 Section 10.17.080 Penalties — Civil Infraction A. :\n i.uiviolating SMC 10 17 SMC 10.1 7.)40(Al. SMC 10.17.050CM or 10. 1 7, 00)( shall have eunint:;.10.1 LL -lass 4 civil infraction and shall be liable for !monk:tin,. as set forth Ai1 co nr.y v....ives reduce or :-:Lispe.)0th eivcivil penalty and clear the civil infraction as at%.va:uipig roir per -;011 who hts not bCCII Ched iiiidc71.1^js chapter within one year and PKA h.;.; 1-t2s acq11:1-L'd vi approved hchnut at the time of appeara_nee in court of has takci c on holmet...;purv;oR'Ll. Spc..)karic Regional Health District. C. A pardi cital [6: i ,,,Tarate viol,rjori of this chapter for each child mer ixt0L-i yci of Age ridirt on Or in tow of a device listed in SNIC 0.17_030129 not wearing an approved he I L:t, D. Each rental and each event und,.n- st.11-isection (A) of this section shall be a separate violation. 1)alc l'aAscd: I Daie: Jul': 11. 2007 t:".WD (2310-11 Scion Section 10.17.090 Enforcement A. -rho City of Spokane police departmerit shall be responbl,_ for ':-'1111-70r;Vill- 01- (1-.c provisions of this chapter. 3. For the purpose of this chapter, law enforcement officers may at their discretion: 1 enter, during business hours, the premises of a business selling, repairing, leasing, loaning or renting bicycles or selling sporting or recreation equipment, to deteintine compliance with this chapter; 2. post outside the premises of a business that offers for sale, rent, lease, loan or other public purpose a list of helmets that do not meet the safety standards of this chapter, so that the public is informed; and 3. stop a participant in a race or organized event involving any of the devices listed in. SMC 10.17.030(A) or a tour that takes place in a public area when there is a violation of the requirements of this chapter. Date .Passe J: Monday, June 4, 2007 EffeetiytiWednesday, July 11, 2007 Recodifii:aion ORD 034041 Section 1 10.17.100 Informaal:ion am! 1.:(iucation A. l rti ic,:'inaticn about lhr Iv_t1rnets, safe helmet use, traffic safety education and ii,211uet safety 2roi,rani lab 1e at the City of Spokane police department and the Spokane T ubiunal Health District. B. The City encourages any parson engaging in the business of selling bicycles or any of the devices listed SllciaL7.03t](Ai to include information on helmet safety and the helmet requirements of this chapter with each bicycle or devices sold. C. The City encourages any person engaging in the business of selling helmets to include information on safe helmet usage with each helmet sold_ Date Passed: Monday, June 4, 2007 Effective Date: Wednesday, July 11, 2007 Recodification ORD C34041 Section 1 ORDINANCE E NO. 1/-62/0 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON, REGU.LAT1NG THE USE OF APPROVED HELMETS BY PERSONS RIDING OR OTHERWISE OPERATING A BICYCLE, ELECTRIC-MS.1SM BICYCLE, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE, 1N -LINE SKATES, ROLLER SKATE(S), SKATE SHOE (S), SCOOTER SKATEBOARD WITHIN ANY PUBLIC AREA WITHIN THE UNINCORPORATED AREA OF SPOKANE COUNTY; ESTABLISHING PENALTIES IN CONJUNCTION T RE 'VITH; AND PROVIDING FOR MITER MATERS PROPERLY RELATING THERETO. BE IT RESOLVED BY THE BOARD OF COUNTY COMIVRSSIONERS OF SPOKANE COUNTY, WASHINGTON, as follows: SECTION 1: PURPOSE AND POLICY A. This Ordinance is enacted as an exercise of the authority of the Board of County Commissioners of Spokane County, Washington. to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. B. It is the express purpose of this OrdinattCe to provide for and to promote the stealth, safety and welfare of the general public, and not to create or ot/xarwise establish or designate any particular class or group of persons who will or should be especially protected €T benefited by the terms of this Ordinance. C. It is the specific intent of this Ordinance to place the obligation of complying with its requirements upon any person. included within its scope, and no provision of, or term used in, this Ordinance is intended to impose any duty whatsoever upon the County of Spokane or any of its officers or employees for whom the implemention or enforcement of this Ordinance shall be discretionary and not mandatory. IL Nothing contained in this Ordinance is intended to be, nor shall be construed to create or to form the basis for, a liability on the part of the County of Spokane or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to this Ordinance to comply with this Ordinance, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this Ordinance on the, part of the County of Spokane by its officers, employees or agents. Pagelof6 JJ—o'° SECTION 2: DEFINITIONS As used in this Ordinance, the following terms shall .have the meanings indicated, unless the context clearly requires otherwise. A. "Approved helmet" moms a head covering designed for safety that shall meet or exceed the requirements safety of standards adopted by the U.S. Consumer Product Safety Commission (CPSC) 15 USCS 6004, or 2-00.4 set by the American National Standards Institute (ANSI), the Snell Foundation, the ASTM (American Society for Testing and IVIatcrials), or other subsequent nationally recognized standard for helmet performance as the County may adopt. The ]helmet must be equipped with either a nock or chin strap that shall be fastened securely while the wheeled. vehicle is in motion. B. "Bicycle" means every device propelled solely by human power: 1. upon which a person or persons may ride, and 2, having two tandem wheels either of which is eleven inches or more in diameter, or three wheels, any one of which is more than twenty inches in diameter. 3. Within this Ordinance, the terra "bicycle" shall include any: a. attached trailers, b. side cars, andior c. other device being towed by a bicycle. C, "Electrk assisted bicycle" means a bicycle with: 1. two or three wheels, 2. a saddle, 3. fully operative pedals for human propulsion, and 4. an electric motor. D. "Electric personal assistive mobility device (EPA>)" means motorized foot scooters, motorized skateboards, and all other similar devices, but shall be deemed to exclude motorized wheel chairs. E. "Guardian" means a; 1. parent, 2. legal guardian, 3. adult with custody, or 4. temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of sixteen years. F. "In -fine skates, roller skates and skate shoes" means every device which is attached to the rider much like a pair of shoes or boots and which has two or more wheels attached in-line or next to each other beneath, and footwear which has internal or external wheels incorporated Page 2of6 /re. $fl as a part the footwear, whiff, wheels are incorporated either in-line or next to each other ca the bottom of the footwear. G. 'Person" far purposes of Section 3A cf this Ordinance, "participants" for the purposes of Section 4A of this Ordinance, tend "person(s) renting, leasing or using" for the purposes of Section SA ofthis Ordinance includes those individuals who are at least the age of three (3) and under the age of sixteen (1.6), U. "Public area' means public roadways, sidewalk, bicycle paths, parks or any right-of-way, a Spokane County publicly owned and operated facility or Spokane County publicly owned and operated property within the unincorporated area of Spokane County. I. "Scooter" means every device with a platform having two or more wheels beneath it and s. balancing handpost or steering device, which the rider balances on top of, and which is propelled solely by human power. J. "Skateboard" m.eatis every device with a platform ]raving twc or more sets of wheels beneath it, which the rider balances on top ef, and which is propelled solely by human power. SEC ION 3: HELMET J EQTAR D A. Any person riding or otherwise operating any bicycle, el ectrie-assisted. bicycle, electric personal assistive mobility device, in-line skates, roller skate(s), skate shoe(s), scooter or skateboard, including any passenger thereon and J or person being towed thereby, on any public area within the unincorporated area of Spokane County shall wear an approved helmet, and shall have either the neck or chin strap of the helmet fastened securely white the rievice is in motion. 13. No person shall transport another person. on or tow another person on a device listed in subsection (A) of dohs section upon any public area in the unincorporated area of Spokane County, unless the passenger is wearing an approved helmet C. A guardian is responsible for requiring that a child ander the age of sixteen years who is under the guardian's care wears an approved helmet, the neck or chin strap of which is fastened securely, whale upon a device listed in subsection (A) of this section in motion, or riling as a passenger on a device listed in subsection (A) of this section in any public area in the unincorporated area of Spokane County, 0. It is an affirmative defense to a violation of this section that the guardiun respotiible for a child under the age of sixteen did require the child to wear an approved helmet at all lines that the child was in the gu.ardian's presence. E. It is an affirmative defense to a violation of this section for a person wearing an unapprarved helmet that the helmet was furnished in couiunctiom with his rental, lease or use of a device listed in subsection (A) of this section by a person or organization engaged in the business of Page 3 of 6 /1- 02 /0 renting, leasing or loaning such devices, and that the helmet was fastened securely while riding. F. Provisions of this Ordinance shall not apply to any wheeled devices such as, but not limited to, electronic scooters or wheelchairs that are designed and utilized for medically related reasons, G. For purposes of this Ordinance, the requirement to wear a helmet shall mean that the helmet shall be worn an the head of the person(s) who is required to wear a helmet with the neck or chin strap of tb.e helmet fastened securely while the device is in motion. SECTION 4: SPECIAL EVENTS INCLUDING, STJT NOT LEVOTED TO, RACES, EXHIBITIONS, DEMONSTRATIONS, PARADES DES AND EVENn HELMET REQUIRED A. Any person or err nization managing a roc., an orgux zed event involving bicycling, a bicycle tour or devices listed in Section 3 (A) wh oh will take place in whole or in part in any public area in the unincorporated area of Spokane County, shall require that all participants riding on or in tow wear approved helmets, and such persons and organizations shall reject participants who fail to comply with the provisions of this Ordinance, H. The person or organization managing any such event, race or tour shall include the requirement to wear approved helmets in any promotional brochures and on regisbmation materials_ C. It is an affirmative defense to a violation of this section fora person or organization managing an event, race or tour that all participants were wearing approved helmets at the start of the event, race or tour and were instructed to discontinue their participation by a person responsible for management of the event, race or tour at any point where the participant failed to comply with the rcquuer ant of wearing an approved helmet. SECTION 5 RENT, LEASE OR LOAN OF A BICYCLE, ELECTRIC -ASSISTED BICYCLE, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE, SKATEBOARD, ROLLER BLADES, ROLLER SKATES, SKATE SHOES OR SCOOTER— HELMET REQUIRED A. Any person engaging in the business of renting, leasing or loaning (e.g., "test ride") any of the devices listed in Section 3 (A) for use in any public arra in the unincorporated arca of Spokane County shall supply the person(s) renting, leasing or using any of the devices with approved helmet(s) along with the devices unless the rider and passengers possess approved helmets of their own, and offer proof thereof, for use with the device and further shall notify such persons of the requirements of this Ordance to wear a helmet meeting the safety standards described in Section 2 (A).. Page 4of6 B. The rental, lease or loan documents (contract, agreement, brochure or receipt) shall advise the person renting, leasing or using any of the devices listed in Section 3(A) of the hcirnet requirements of this Ordinance. SECTION 6: HELMET SALES — SAFETY STANDARDS A. No person shall sell or offer for sale an approved helmet that is required for use under this Ordinance, which docs not meet or exceed the safety standards described in Section 2(A), B. It is au affirmative defense to a violation of this section that the sale or offer for sate was an isolated sale of used merchandise made by art individual who was not engaged in the business of selling or repairing recreational equipment, such as a seller rat a garage or rummage sale. SECTION 7: ENFORCEMENT A, The Spokane County Sheriff's Office and J or persons) specially commissioned by the Spokane County Sheriff sb,a1l be responsible for enforcement of the provisions of this Ordinance. B. For the purpose of this Ordinance, lime enforcement officers may at their discretion: 1. enter, during business hours, the premises of a business selling, repairing, leasing, loaning or renting bicycles or selling sporrting or recreation equipment, to determine compliance with this Ordinance; 2, post outside the premises of a business that offers for sale, rent, lease, loan or other public p ■u..rnw.sie a list of bc1mvt t1,at not meet 41P 4srfet,r ztat,rl Ards of tlfii s chapter, so that the public is informed, and 3. stop a participant in a race or organized event involving any of the devices listed in Section 3(A) or a tour that takes place in a public area when there is a violation of the requirements of this Ordinance. SECTION S, PENALTIES A. Any person violating Section 3(A), Section 4(A), Section 5(A), or Section 6(A) may be provided educational instruction en the need for and availability of approved helmets. B. Information about the need for helmets, safe helmet use, traffic safety education and helmet safety programs are available at the Spokane County Sheriffs Department and the Spokane Regional Health District, C. The Board of County Coxnxtr.issioners and Spokane County Sheriff encourage any person engaging in the business of selling bicycles or any of the devices Listed Section 3(A) to include information on helmet safety and the helmet requirements of this Ordinance with each bicycle or devices sold. Page 5 of 6 D. The Board of County Commissioners find Spokane County Sheriff encourage any person enraging in the business of selling helmets to include information on safe helmet usage with each helmet sold, $ECT!ON : SEVERAMLITY If any provision of this Ordinarice or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. DATED thisday of 1,2"42011. T]aniela Erickson f — eig%jj Clerk of the Board BOARD OF COUNTY COr,SSIONEIS OF SPOKANE COUNTY, WASHINGTON ,t.a6 TODD MTELKE, Vice Chai Commissioner Cheat Sheet for Helmet Ordinance it of Spokane Spokane requires any person riding or operating a bicycle, electric -assisted bicycle, electric personal assistive mobility device, in -ling skates, roller skates), skate shoe(s), scooter or skateboard, including any ] sscngers to wear a helmet. SMC 10.17.030. Guardians are responsible for requiring children under the age of 16 to wear a helmet. SMC 10.17.030. A violation is a class 4 civil infraction and the person may be liable for monetary penalties. SMC 1 0.17.0 8 0 - The cowl mt , v.;:1 V.., rcdi:ct ani �,�1S ,,4! the ci%il ptirifl iy and clear the civil infraction as a warning For a: % I.) 11.1 !1 71 bc,:n cited under the chapter within one year and provides proof that ite :r4aiuircd an aE,r=Lived helmet at t!,a: lime of atred:-artce in court or has taken class on h l[net safety sponse.-ed by the Spokane L ..L:iona1 1-le3ltit Ui. rrict. SMC 14. 7.080 Spokane County Spokane County requires any person riding or operatin.i2, vi 4-,tc:ycle_ electric -assisted bicycle, electric personal assistive mobility device; roller r skate(s), lc:tte shoe(s), scooter or skateboard, including any passengers to .car a helnnet. card. No. 11.- 4310. Guardians are responsible for requiring children under the age of 16 to wear a helmet. Ord. No. 11-0810. A person violating the helmet ordinance may be provided educational instruction on the need for and availability of approved helmets. Penalty options for the S'S'MC include a penalty provision similar to the City of Spokane where a class 4 civil infraction and fine are issued.. if a minor is the violator, the parenttguardian is issued the infraction. Include a pedally provision similar to Spokane County where educational information may be provided to a violator.