2004, 12-07 Study SessionTuesday, lhcember 7, 2004
DISCUSSION LEADER
2. Ken Thompson
(15 minutes)
(Please
1 Counciimembcr DeVleming
(30 minutes)
Regular Study Session Issues (No Public Comment):
3. Dave Mercier (10 minutes)
4. Marina Sukup (15 minutes)
5. Councilmembcr Flanigan
(25 minutes)
6. Chris Bainbridge (15 minutes)
7. Cary Driskcll (10 minutes)
8. Cary Driskell (15 minutes)
9. Mayor Wilhite (5 minutes)
10. Dave Mercier (5 minutes)
11 Dave Men ier (5 minutes)
Stutw Scssmat Merida 12,0744
4
AGENDA
CITY OF SPOKANE VALLEY
CITY COLNCIIL WORKSHEET
STUDY SESSION
CITY HALL AT REDWOOD PLAZA
11707 East Sprague Avenue, First Floor
Turn OR All Electronic Devices During the Meeting)
S1113.IECTIACTIVJ TY
Student Advisory Council By -laws
[public comment)
First Reading: Proposed t tility Tax Ordinance
'public comment)
Council Guidance on Filling Vacancy of City
Attorney
Ordinance Adopting Framework for
Development Code
Lodging Tax Advisory Committee Grant
Recommendations Report
Official Newspaper Proposals
Declaration of Easement Report (ChrisLinc
Properties, LLC)
Court Related 2005 Contract
Advance Agenda Additions
Council Check in
City Manager Comment!,
GOAL
Advance to Dec I4 for
2nd Reading
Nntr. Lieept as noted shove. there will be no public comments at Council Study Sessions. However, Council always reserves the
right to request information from the public and staff as appropriate_
NUT WV. individuals planning to snail the mecum who minim apecrosl assistance to accommodate ph‘wcaL hearing, or other impairments. please comma
the City Ckrk to 1919)1121-1000 as won as possible so that arrangements may be made
a.._ I ,.1
Dec 14 Consent
Agenda
6:00 p.m.
Discussion /Direction
Discussionflnformation
Dec 14 Agenda for
Motion Consideration
Discussion, Direction
Discussion /information
Discussion /Information
Discussion/Information
Discussion/Information
Discussion /Infonnalion
Meeting Date: December 14 2004 City Manager Sign -off:
Item: Check all that apply: [l consent ❑ old business •x new business I] public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Student Advisory Council By -Laws
GOVERNING LEGISLATION: Resolution 04 -018 (amending Resolution 04 -007) Creating
Student Advisory Council
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS:
CONTACT: Councilmember DeVieming
ATTACHMENTS
Draft Bylaws
PowerPoint Presentation
CITY OF SPOKANE VALLEY
Request for Council Action
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 04-018
A RESOLUTION AMENDING THE RESOLUTION CREATING THE STUDENT
ADVISORY COUNCIL FOR THE CITY OF SPOKANE VALLEY.
WHEREAS, the City Council for Spokane Valley adopted Resolution No. 04 -007
Creating the Student Advisory Council for the City of Spokane Valley; and
WHEREAS, changes in certain wording have been suggested to more accurately reflect the
intent of the resolution creating the Student Advisory Council.
NOW TIITREFORE, be it resolved by the City Council of the City of Spokane Valley,
Spokane County, Washington, that Resolution 04 -007 be amended as follows:
Section 1. Creation. There is created the Spokane Valley Student Advisory Council. The
purpose of the Student Advisory Council is to study and make recommendations to the Mayor and City
Council on issues concerning the City. The Student Advisory Council may consider issues upon request
from the City Council, or may consider issues raised by the Student Advisory Council pursuant to the
rules of procedure adopted by the Student Advisory Council under Section 3(C) of this resolution.
Section 2. Membership.
A. Anpointment: Members of the Student Advisory Council shall be nominated by
the Mayor and confirmed by a majority vote of at least four (4) members of the City Council. Student
Advisory Councilmembers shall serve without compensation.
13. Representation: The Student Advisory Council shall consist of fifteen (15)
voting members. There shall be three (3) representatives from Central Valley High School, three (3)
from University High School, two (2) from East Valley High School, two (2) from West Valley High
School, one (1) from Valley Christian, the Mayor of Spokane Valley or designee, the City Manager of
Spokane Valley or desigmee, one (1) representative of the business community of Spokane Valley, and
one (1) at -large student to be appointed by the other fourteen (14) members (at -large member must be a
City resident, between 14 -20 years of age and cannot be attending any of the high schools currently
represented).
C. Length of terms: Each member of the Student. Advisory Council shall serve a
one -year term. Each one -year term shall be from September I to June 30.
D. Removal: Members of the Student Advisory Council may be removed by the
Mayor or appointee, with the concurrence of the City Council for any just cause detailed in the by -laws.
The decision of the City Council regarding membership on, or removal from, the Student Advisory
Council shall be final and without appeal.
E. Vacancies: Vacancies occurring other than through the expiration of terms shall
be filled for the unexpired term in the same manner as for appointments.
Resolution 04 -007 Creating Student Advisory Council Page 1 of 2
Section 3. Meetings — Rules:
A. The Student Advisory Council shall organize at its first meeting in September of
each year and elect from its members a Chair, who shall preside at all meetings of the Student Advisory
Council and perform such other functions as determined by rule. A Vice -Chair shall also be elected to
preside in the absence of the Chair.
B. The Student Advisory Council shall determine a regular monthly meeting
schedule (time, place and frequency). All meetings shall be open to the public.
C. The Student Advisory Council shall adopt such rules and regulations as are
necessary for the conduct of business. Prior to implementation, all such rules and regulations, including
any proposed by -laws, shall be approved by the Spokane Valley City Council.
Section 4. Staff Support: The Student Advisory Council is strongly encouraged to be self-
sufficient and provide its own support to the greatest extent possible. City staff members can be
consulted on approval of the City Manager.
Section 5. Severability: If any section, sentence, clause or phrase of this resolution 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 resolution.
Section 6. Effective Date. This Resolution shall be in full force and effective upon
adoption.
ATTEST:
Adopted this 22nd day of June, 2004.
Christine Bainbridge, City Clerk
Approved as to Form:
Cary P. Driskell, Deputy City Attorney
Resolution 04 -007 Creating Student Advisory Council
City of Spokane Valley
Michael DeVleming, Mayor
Page 2 of 2
Intent
* ** *DRAFT * * **
SPOKANE VALLEY
STUDENT ADVISORY COUNCIL
BI- LAWS
The bi -laws are the rules that govern the Student Advisory Council for the City of Spokane
Valley.
Scope
The bi -laws should direct all student council activity during meetings.
Definitions
Council Student Advisory Council
Term 1 year (September thru June) unless otherwise noted
10.00 MEETING SCHEDULE & LOCATION
10.10 Council meetings will start in September and end the following June.
10.20 Meetings will be held on the 1 & 3rd Thursday unless otherwise noted
10.30 It is the intent that on the first meeting in June, the council will finalize its
recommendation for the next slate of Student Advisory Council Members to
the Spokane Valley City Council for approval.
10.40 Council meetings will be held in the Spokane Valley Council Chambers
unless otherwise noted.
10.50 Council Meetings will start at 6:30 and will adjourn no later than 8:00 unless a
motion and second to extend the meeting receives a majority vote.
20.00 ATTENDANCE
20.10 council members will attend all council meetings.
20.20 Absences (other than illness) must be approved by council.
20.30 2 unexcused absences will be grounds for removal from council.
30.00 ELIGIBILITY & MAKEUP
30.10 Council will consist of:
(1) Representative from Valley Christian School.
(2) Representatives from East Valley High School.
(2) Representatives from West Valley High School.
(3) Representatives from Central Valley High School.
(3) Representatives from University High School.
(1) Student At Large.
(1) Spokane Valley Mayor or their designated representative.
(1) Spokane Valley City Manager or their designated representative.
(1) Representative of the business community.
30.11 All appointments to the council will be made by Mayor and confirmed by City
Council
30.12 Length of Terms
30.12.01
30.12.02
30.12.03
30.12.04
30.12.05
High School representatives will serve 2 years.
The terms of the high school representatives will be staggered
so that at least 4 S.A.C. will be returning.
Student at Large will serve 1 year.
Mayor (or representative), City Manager (or representative) and
Business representative will serve consecutive one year terms.
S.A.C. applications for high school representatives will be
advertised in April and recommendations from the S.A.C. will be
made in June to the City Council.
40.00 OFFICERS
40.01 The selection of officers will be performed during the first S.A.C. meeting in
September.
40.10 Officers will consist of (1) Council Chairperson
40.10.01 Council Chairperson will be elected by a simple vote of the
S.A.C. and will serve a one year term.
40.10.02 Council Chairperson will be responsible for presiding over
council meetings and setting agendas.
40.10.03 Appoint chairman of all sub committees.
40.20 Officers will consist of (1) Council Vice Chairperson
40.20.01 Council Vice Chairperson will be elected by a simple vote of the
S.A.C. and will serve a one year term (September thru June).
2
40.20.02 Council Vice Chairperson will assume the Chairmanship in the
second year of their term (September thru June).
40.20.03 Preside over meetings in the absence of the Chairperson.
40.30 Officers will consist of (1) Council Historian
40.30.01
40.30.02
40.30.03
40.30.04
Council Historian will be elected by a simple vote of the S.A.C.
and will serve a one year term (September thru June).
Council Historian will be responsible for the recording of all
minutes taken during the S.A.C. meetings.
Preside over meetings in the absence of both Chairperson and
Vice Chairperson.
Responsible for advanced agenda scheduling.
60.00 SUB COMMITTEES
60.20 Committees will be created, as necessary by the S.A.C. with a specific task.
60.22 Committees will dissolve once the specific task has been accomplished.
60.24 Committees can consist of other citizens (fellow students, business people
community members, and other citizens).
70.00 GENERAL
70.10 The S.A.C. is an advisory council to the City Council.
70.20 All recommendations to the City Council are suggestions only.
70.30 S.A.C. bi -laws will be designed and written by S.A.C. and will require City
Council approval to ratify.
70.40 All S.A.C. meetings are public and open.
Spokane Valley
Student Advisory
Council
(S.A.C.)
Bi -Laws
Intent
The bi -laws are the rules
that govern the Student
Advisory Council for the
City of Spokane Valley
Scope
The bi -laws should direct all
student council activity
during meetings
1
Definitions
Council - Student Advisory
Council
Term -1 year (September
thru June) unless
otherwise noted
Section 10
Meeting Schedule &
Location
• Council will start in
September and end the
''J Ilowing June
, ^Meetings will be held on the
1st'& 3rd Thursday unless
otherwise noted
Section 10
Meeting Schedule & Location
It is the intent that on the first
meeting in June, the S.A.C.
will finalize its
f recommendation for the
- incoming slate of S.A.C.
embers for Spokane Valley
=City Council approval
2
C�
Section 10
Meeting Schedule &
Location
Council meetings will be
held in the Spokane Valley
Council Chambers unless
otherwise noted
Section 10
Meeting Schedule & Location
Council meetings will start
a 6:30 and will adjourn no
Later than 8:00 unless a
motion and second to
extend the meeting
receives a majority vote
Section 20
Attendance
S.A.C. members will attend all
council meetings unless
excused
3
Section 20
Attendance
■ Absences (other than
illness) must be approved by
council
■ 2 unexcused absences will
be grounds for removal from
council
Section 30
Eligibility & Makeup
■ Council will consist of
(1) Representative from Valley Christian
School
(2) Representatives from E.V. High
School
(2) Representatives from W.V. High
School
(3) Representatives from C.V. High
School
(3) Representatives from University
High School
Section 30
Eligibility & Makeup
► Council will consist of
(1) Spokane Valley Mayor or their
designated representative
(1) Spokane Valley City Manager or
their designated representative
(1) Representative of the business
community
4
Length of Terms
► High School representatives will
serve 2 years
► The terms of the high school
representatives will be staggered
so that at least 4 S.A.C. will be
returning
► Student at Large will serve 1 year
Length of Terms
► Mayor (or representative), City
Manager (or representative) and
Business representative will serve
consecutive one year terms
► S.A.C. applications for high school
representatives will be advertised in
April and recommendations from the
S.A.C. will be made in June to the
City Council
Section 40
Officers
• The selection of officers will
be performed during the first
S.A.C. meeting in September
► Officers will consist of (1)
Council Chairperson
5
Section 40
Officers / Chair
Council Chairperson will be
elected by a simple vote of
the S.A.C. and will serve a
one year term
Section 40
Officers / Chair
Council Chairperson will be
responsible for presiding
over council meetings and
setting agendas
Appoint chairperson of all
sub committees
Section 40
Officers / Vice Chair
Officers will consist of (1)
Council Vice Chairperson
Y`. Co Vice Chairperson will
bevlected by a simple vote of
s ! he S.A.C. and will serve a
' o ne year term
6
Section 40
Officers / Vice Chair
Council Vice Chairperson will assume the
chairmanship in the second year of their
term (September thru June)
Vice ,Chair will preside over meetings in the
absence of the Chairperson
- -rvr n
Section 40
Officers / Vice Chair
Council Vice Chair will assume the
chairmanship in the second year of their
term (September thru June)
4
Vice• will preside over meetings in
:the_absence of the Chairperson
0 •
Section 40
Officers / Vice Chair
Vice Chair will be responsible
for Advanced Agenda
, .-Schedule
7
Section 40
Officers / Historian
Council Historian will be elected by a
simple vote of the S.A.C. and will serve
one year
Hi . §to r i a n be responsible for the
4re_cppling of all meeting minutes
•
Section 40
Officers / Historian
Historian will preside over
meetings in the absence of
, bothChair and Vice Chair
Section 60
Sub Committees
▪ Committees will be created, as
necessary by the S.A.C. with a specific
task
► Committees will dissolve once the
specific task has been accomplished
■Committees can consist of other
citizens (fellow students, business
people, community members, and
other citizens)
8
Section 70
General
■The S.A.C. is an advisory
council to the City Council
■AII recommendations to the
City Council are suggestions
only
Section 70
General
►S.A.C. bi -laws will be
designed and written by
S.A.C. and will require City
'Co approval to ratify
j► LI.S.A.C. meetings are
and open
9
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 12 -7 -2004 City Manager Sign -off:
Item: Check all that apply:
❑ consent ❑ old business
new business ❑ public hearing
0 information ❑ admin. report X pending legislation
AGENDA ITEM TITLE: Utility Tax
GOVERNING LEGISLATION: State law authorizes cities to levy utility taxes of up to 6% on private.
utilities operating within the boundaries of the city. In addition, cities may levy utility taxes on all city -owned
utility operations.
PREVIOUS COUNCIL ACTION TAKEN: At the October 5, 2004 study session, staff presented utility tax
scenarios for council review. The council considered an ordinance to immplement a utility tax on October 26.
However, the matter was tabled until November 9, to allow the council to hear additional public input. An
opportunity to present public input was provided at the November 2, and November 9, council sessions.
BACKGROUND: Staff has developed a multi-year financial plan which helps identify potential financial
problems several years before they occur. As staff estimates revenues and expenditures into the future, we
tend to be conservative with revenue estimates and realistic with expenditure estimates. As a new city, we
have not yet accumulated reserves which can be used if the economy declines, thus a conservative approach is
warranted.
Although the City budget for 2005 is balanced, staff has identified financial problems likely to occur in future
years. Various revenue options and expenditure reductions that could assist us in avoiding these problems
have been reviewed. To avoid significant service level reductions, staff recommends the implementation of a
6% utility tax on electric, natural gas, telephone, storm water and refuse utilities. This tax would provide
approximately S6 million per year, which could be used to offset financial problems in the General, Street and
Capital Project Funds through 2010.
Notice to affected utility companies would need to be provided at least 60 days ahead of the utility tax
implementation date to allow adequate time for utility companies to modify their billing systems.
OPTIONS: The first option is to implement a 6% utility tax effective March 1, 2005 on electric, natural gas,
refuse., telephone and storm water utilities. Other options include modifying the rate of the tax, excluding
certain utility services and/or delaying the implementation date.
RECOMMENDED ACTION OR MOTION: Staff recommends a 6% utility tax on electric, natural gas,
refuse, telephone and storm water utilities.
BUDGET/FINANCIAL IMPACTS: A 6% utility tax on these services would generate an estimated S6
million for use in the General, Street and Capital Project Funds each year.
STAFF CONTACT: Ken Thompson, Finance Director and Courtney Moore, Accountant/Budget Analyst
1
Proposed Utility Tax
Ken Thompson, Finance Director
Spokane Valley Council Meeting
December 7, 2004
Overview
• Effective date March 1, 2004
• Low income /senior citizen relief
• 6% tax:
• electric
• natural gas
• refuse
• telephone
• storm water
»nax04 2
1
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 04 -045
DRAFT
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ESTABLISHING A UTILITY TAX WITHIN Tbi.E CITY OF
SPOKANE VALLEY, PROVIDING PROCEDURES FOR THE IMPLEMENTATION
THEREOF INCLUDING CIVIL AND CRIMINAL PENALTIES AND OTHER
MATTERS PROPERLY RELATED THERETO.
WHEREAS, the State of Washington pursuant to RCW 35A.82.020 and RCW 35.21.870 has
authorized code cities to raise revenue for the privilege of conducting certain utility businesses in the City
and use the revenues to maintain the services, duties and obligations of the City;
WHEREAS, an excise utility tax may be imposed upon gross receipts of a business provided the
tax is uniform in its application; and
Wl- IEREAS, the City desires to provide for a City Utility Tax as authorized by law.
NOW, 'THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Definitions. Unless the context clearly indicates otherwise, the words, phrases
and terms used in this Ordinance shall have the following meanings:
A. "Cellular Telephone Service" means a two -way voice and data
telephoneJtelecommunications system based in whole or substantially in part on wireless radio
communications which is not subject to regulation by the Washington State Utilities and
Transportation Commission (WUTC). This includes cellular mobile service. The definition of
cellular mobile service includes other wireless radio communications services such as specialized
mobile radio (SMR), Personal communications services (PCS), and any other evolving wireless
radio communications technology which accomplishes a purpose similar to cellular mobile
service. Cellular Telephone Service is included within the definition of "Telephone Business" for
the purposes of this Ordinance.
B. "City Manager" means the City Manager and designees.
C. "Competitive Telephone Service" means the providing by any Person of
telecommunications equipment or apparatus, or service related to that equipment or apparatus
such as repair or maintenance service, if the equipment or apparatus is of a type which can be
provided by Persons that are not subject to regulation as telephone companies under Title 80
RCW and for which a separate charge is made.
D. "Gas Distribution Business" means the business of operating a plant or system for the
production or distribution for hire or sale of gas, whether manufactured or natural.
E. "Light and Power Business" means the business of operating a plant or system for the
generation, production, distribution or furnishing of electrical energy for hire or sale and /or for
the wheeling of electricity.
Utility Tai Ordinance 12 -07 -04 Page 1 of 7
DRAFT
F. "Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes
including, but limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge,
demolition and construction waste, abandoned vehicles or parts thereof.
G. `Solid Waste Collection Business" means every person who receives Solid Waste or
recyclable materials for transfer, storage, or disposal including but not limited to all collection
services, public or private solid waste disposal sites, transfer stations, and similar operations.
H. "Gross income" means the value proceeding or accruing from the sale of tangible
property or service, and receipts (including all sums earned or charged, whether received or not)
by reason of investment of capital in the business engaged in (including rentals, royalties, interest
and other emoluments however designated) excluding receipts or proceeds from the sale or use of
real property or any interest therein and the proceeds from the sale of notes, bonds, mortgages, or
other evidences of indebtedness, or stocks and the like and without any deduction on account of
the cost of the property sold, cost of materials used, labor costs, interest or discount paid, or any
expenses whatsoever, and without any deduction on account of losses. Further deductions and
exceptions from Gross income upon which the fee or tax described in this Ordinance is computed
are set forth in Section 6.
1. "Pager Service" means service provided by means of an electronic device which has the
ability to send or receive voice or digital messages transmitted through the local telephone
network, via satellite or any other form of voice or data transmission. "Pager Service" is included
within the definition of "Telephone. Business" for purposes of this Ordinance.
J. "Person or Persons" means persons of either sex, firms, co- partnerships, corporations,
limited liability companies, and other associations, whether acting by themselves or through
servants, agents or employees.
K. "Storm Water Business" means the collection of storm or surface water through drains,
channels and facilities controlled by the City including treatment and disposal facilities all as
described and set forth in City of Spokane Valley Ordinance No. 31.
L. "Taxpayer" means any Person liable for the license fee or tax imposed by this Ordinance.
M. "Tax Year or Taxable Year" means (1) the year commencing January 1st and ending on
December 3lst, of such year, or (2) the Taxpayer's fiscal year when permission is obtained from
the City Manager to use that period as the tax year.
N. "Telephone Business" means the business of providing access to a local telephone
network, local telephone network switching service, toll service or coin telephone services or
providing telephonic, video, data or similar communication or transmission for hire, via a local
telephone network, toll line or channel cable, microwave, or similar communication or
transmission system. The term includes cooperative or farmer line telephone companies or
associations operating an exchange. Telephone Business also includes Cellular Telephone
Service. Telephone. Business does not include the providing of Competitive Telephone Service,
the providing of Cable Telephone Service, nor the providing of broadcast services by radio and
Telephone stations.
Section 2. Utility Tax Levied - Rate. There is levied on and shall be collected from every
Person a tax for the act or privilege of engaging in utility business activities, measured by multiplying the
below respective rates against Gross Income as follows:
Utility Tax Ord iannce 12 -07 -04 Page 2 of 7
DRAFT
A. Telephone Business. Upon every Person engaged in or carrying on any Telephone
Business (including Cellular Telephone Service and Pager Service) within the City a fee or tax
equal to 6% of the total Gross income from such business in the City. Tax liability imposed under
this Section shall not apply to that portion of Gross Income derived from charges to another
telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching
charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or
charges for, interstate services, or charges for network telephone service that is purchased for the
purpose of resale.
B. Natural or Manufactured Gas. Upon every Person engaged in the Gas Distribution
Business or carrying on the business of transmitting, distributing, selling, brokering and
furnishing natural and /or manufactured gas, a tax equal to 6% of the total Gross Income from
such business in the City.
C. Solid Waste. Upon every Person engaged in the Solid Waste Collection Business or
carrying on the business of collecting Solid Waste, recyclable materials or yard waste, a tax equal
to 6% of the total Gross Income from such business in the City, but not including income from
the sale of recyclable materials or yard waste.
D. Light and Power (Electricity). Upon every Person engaged in the Light and Power
Business or carrying on the business of selling, furnishing, or transmitting electric energy, a tax
equal to 6% of the total Gross Income from such business in the City.
F. Storm and Surface Water. Upon every Person engaged in or carrying on the business of
operating a public Storm Water Business, a tax equal to 6% of the total Gross Income from such
business in the City.
Section 3. Allocation of Income - Cellular Telephone Service.
A. Service Address. Payments by a customer for the telephone service from telephones
without a fixed location shall be allocated among taxing jurisdictions to the location of the
customer's principal service address during the period for which the tax applies.
B. Presumption. There is a presumption that the service address a customer supplies to the
Taxpayer is current and accurate, unless the Taxpayer has actual knowledge to the contrary.
C. Roaming Phones. When the service is provided while a subscriber is roaming outside the
subscriber's normal cellular network area, the Gross Income shall be assigned consistent with the
Taxpayer's accounting system to the location of the originating cell site of the call, or to the
location of the main cellular switching office that switched the call.
D. Dispute Resolution. If there is a dispute between or among the City and one or more
other cities, as to the service address of a customer who is receiving Cellular Telephone Services
and the dispute is not resolved by negotiation among the parties, then the dispute shall be
resolved by the City and the other city or cities by submitting the issue for settlement to the
Association of Washington Cities (AWC). Once the taxes on the disputed revenues have been
paid to one of the contesting cities, the Cellular Telephone Service company shall have no further
liability with respect to additional taxes on the disputed revenues so long as it changes its billing
records for future revenues to comport with the settlement facilitated by AWC.
E. City Mana Authority. The City Manager is authorized to represent the City in
negotiations with other cities for the proper allocation of Cellular Telephone Service taxes
Utility Tax Ordiannce 12 -07.04 Page 3 of 7
DRAFT
imposed pursuant to this Ordinance. Any agreement with respect to the allocation of the Cellular
Telephone Service taxes shall receive the final approval of the City Council.
Section 4. Remittance.
A. Monthly Remittance. The tax imposed by this Ordinance shall be collected, reported and
remitted to the City monthly on or before the last day of the subsequent month. If a Taxpayer
commences to engage in business at any time other than the first day of the month, then the
Taxpayer's first return and tax payment shall be based upon and cover the portion of the month
during which the Taxpayer engaged in business.
B. Returns. The remittance shall be in legal tender and shall be accompanied by a return on
a form to be provided and prescribed by the City. The Taxpayer shall be required to swear or
affirm in writing on the return that the information therein given is full and true and that the
Taxpayer knows it to be so. If the total tax for which any Person is liable under this Ordinance is
not reasonably expected to exceed $100 in any month, the Taxpayer may file a written request
with the City Manager to file and pay taxes due under this Ordinance annually. Such requests are
subject to approval by the City Manager.
Section S. Taxpayer engaged in more than one business. Any Person engaged in, or
carrying on more than one activity or business subject to the tax imposed by this Ordinance, shall pay the
tax so imposed on each such business or activity.
Section 6. Deductions. in computing the tax imposed by this Ordinance, the following may
be deducted from the measure of the tax:
A. Adjustments made to a billing or to a customer account or to a telecommunications
company accrual account in order to reverse a billing or charge that had been made as a result of
third -party fraud or other crime and for which the Taxpayer can provide documentation to the
City.
13. All cash discounts allowed and actually granted to customers of the Taxpayer during the
tax year and for which the Taxpayer can provide documentation to the City.
C. Amounts derived from transactions in interstate or foreign commerce, or from business
done for the government of the United States, its officers or agents in their official capacity, and
any amount paid by the Taxpayer to the United States or the State of Washington, as excise taxes.
D. The amount of credit losses actually sustained by Taxpayers whose regular books are
kept on an accrual basis.
E. Amounts derived from business which the City is prohibited from taxing under the
Constitution or the laws of this State or the United States.
Section 7. Record Retention Requirements. It shall be the duty of every Person liable for
payment of the tax hereunder to obtain an occupation license, as prescribed by Ordinance No. 34 of the
City, and to keep and preserve for a period of five years such books and records as will accurately reflect
the amount of Gross Income from the business, and from which can be determined the amount of any tax
for which the Person may be liable under the provisions of this Ordinance. The term "books and records"
as used in this section includes but is not limited to copies of the Taxpayer's Federal income tax returns,
Federal excise tax returns, State of Washington excise tax returns, and copies of income tax and excise
tax audits made by the United States or the. State of Washington and furnished to such Person. The
UtilnyTax Ordiannce 12-07-04 rage 4 of 9
DRAFT
Taxpayer's books and records shall be available for examination at all reasonable times by the City
Manager and his or her duly authorized.
In the case of any Taxpayer who does not keep the necessary books and records within the City
for examination, it shall be sufficient if such Person produce the same within the City as instructed or
required by the City Manager
Any Taxpayer who fails, neglects, or refuses to produce such books and records in accordance
with this Ordinance, or fails to file a return, in addition to being subject to other civil and criminal
penalties provided by this Ordinance, is subject to a tax assessment in an amount determined by the City
Manager in accordance with the provisions of this Ordinance, which tax assessment shall be deemed
prima facie correct and shall be the amount of fee or tax owing to the City by the Taxpayer unless the
Person can prove otherwise by competent evidence. The Taxpayer shall be notified by certified mail of
the amount of tax assessment imposed pursuant to this Section, together with any penalty and /or interest
due, and the total of such amounts shall thereupon become immediately due and payable.
Section 8. Tax Delinquency -- Unlawful Acts.
A. Penalties and Interest. For each payment due, if such payment is not made by the due
date thereof, there shall be added penalty and interest as follows:
(1) if paid 1 - 10 days late, there shall be a penalty of 5% added to the amount of tax
due.
(2) If paid 11 - 20 days late, there shall be a penalty of 7% added to the amount of
tax due.
(3) If paid 21 - 30 days late, there shall be a penalty of 10% added to the amount of
tax due.
(4) If paid 31 - 60 days late, there shall be a penalty of 15% added to the amount of
tax due.
(5) In addition to the above penalty, the City shall charge the Taxpayer interest on all
taxes due at the rate of one percent (1 %) per month or portion thereof that said amounts
are past duc.
(6) The tax imposed by this Ordinance, and all penalties and interest thereon, shall
constitute a debt to the City, and may be collected by court proceedings in the same
manner as any other debt which remedy shall be in addition to all other available
remedies. A.ny judgement entered in favor of the City may include an award to the City of
all court and collection costs including attorneys' fees to the extent permitted by law.
Amounts delinquent more than sixty days may be assigned to a third party for collection,
in which case the amount of any collection charges shall be in addition to all other
amounts owed. Amounts due shall not be considered paid until the City has received
payment for the full amount due or has discharged the amount due and not paid.
B. Unlawful Acts. It is unlawful for any Person liable for the tax imposed by this Ordinance
to fail to pay the tax when due or for any Person, firm, or corporation to make any false or
fraudulent return or any false statement in connection with the return.
Utility Tax Ordiannce 12 -07 -04 Page 5 of 7
DRAFT
C. Criminal Penalties. Any Person who intentionally violates any provision of' this
Ordinance shall be guilty of a misdemeanor and upon conviction thereof punished pursuant to
state law or City ordinance.
Section 9. Ouitting, Selling, or Transferring Business. Whenever any Taxpayer quits
business, or sells out, exchanges, or otherwise disposes of such business, any tax payable under this
Ordinance shall become immediately due and payable, and such Taxpayer shall, within ten (10) days
thereafter, make a return and pay the tax due; and any Person who becomes a successor shall become
liable for the full amount of any unpaid tax, interest, and penalties and shall withhold from the purchase
price an amount sufficient to pay any tax clue from the Taxpayer until such time as the Taxpayer shall
produce a receipt from the City showing payment in full of any tax due or a certificate that no tax is due.
If such tax, interest or penalty has not been paid by the Taxpayer within 10 days from the date of such
sale, exchange, or disposal, the successor shall become liable for the payment of the full amount of tax,
interest. and penalties. The successor's liability shall be limited to the purchase price or fair market value
of the business purchased if no cash transaction took place. No successor shall be liable for any tax due
from the Taxpayer from whom the successor has acquired a business or stock of goods if the successor
gives written notice to the City Manager of such acquisition and no assessment is issued by the City
Manager within six (6) months of receipt of such notice against the former operator of the business.
Taxpayer's account will remain on an active status and be subject to all taxes, penalties, and interest until
such time as the City Manager is notified in writing that the Taxpayer has discontinued business activity
within the City. Nothing in this Ordinance is intended nor shall it be construed to prohibit the successor
from engaging in business in the City pending resolution of the successor's tax liability.
Section 10. Tax Not Exclusive. The tax levied herein shall be additional to any license fee or
tax imposed or levied under any other law or under any other ordinance of the City.
Section 11. Rate Changes. No change in the rate of tax upon Persons engaging in the
business of furnishing natural gas or in the Telephone Business, including Cellular Telephone Service
shall apply to business activities occurring before the effective date of the change. Furthermore, except
for a change in the tax rate authorized by RCW 35.21.870, no change in the rate of the tax on the business
of furnishing natural gas or the Telephone Business may take effect sooner than sixty (60) days following
the enactment of the ordinance establishing the change. The City shall send to each Cellular Telephone
Service company at the address on its City of Spokane Valley license, a copy of any ordinance changing
the rate of tax upon Cellular Telephone Service promptly upon its enactment.
Section 12. Appeal Procedure. Any Taxpayer aggrieved by the amount: of the fee or tax
found by the City Manager to be required under the provisions of this Ordinance may, upon full payment
of the amount assessed, appeal from such finding by filing a written notice of appeal with the City Clerk
within fourteen (14) days from the date such Taxpayer was given notified in writing of such amount. The
Clerk shall, as soon as practicable, fix a time and place for the hearing of such appeal before the Hearing
Examiner, which time shall be not more than sixty (60) days after the fling of the notice of appeal, and
shall cause a notice of the time and place thereof to be delivered or mailed to the appellant. At such
hearing before the Hearing Examiner, the Taxpayer shall be entitled to be heard and to introduce evidence
in his or her own behalf. The Hearing Examiner shall render a decision, together with Findings of fact and
conclusions of law, based upon the evidence presented at the time of the hearing and all material on file in
the case. The Hearing Examiner's decisions shall indicate the correct amount of the fee or tax owing. The
Hearing Examiner's decision shall be final. The appellant or the City may appeal the decision of the
Hearing Examiner to the Superior Court of Washington in and for Spokane County within thirty (30) days
after the date of the Hearing Examiner's decision. The Hearing Examiner may, by subpoena, require the
attendance of any Person, and may also require him/her to produce any pertinent books and records. Any
Person served with such subpoena shall appear at the time and place therein stated and produce the books
and records required, if any, and shall testify truthfully under oath administered by the Hearing Examiner
Utility Tax Ordianncc 12 -07 -04 Pace 6 of 7
DRAFT
as to any matter required of him /her pertinent to the appeal, and it shall be unlawful for him /her to fail or
refuse so to do.
Section 13. Over or Underpayment of Tax. In the event that any Person makes an
overpayment, and within two years of the date of such overpayment makes application for a refund or
credit, the Person's claims shall be allowed and a refund made by the City upon determination by the City
Manager that no other sums are owed by the Person to the City. If a Person determines that the tax has
been underpaid and without notice by any party pays the amount due to the City, such amount shall not be
subject to penalty.
Section 14. Low income /senior citizen relief. The city may provide funding through an outside
agency, for those in need of financial assistance for the payment of utility services taxed by this
ordinance.
Section .15. Severabilitv. If any section, sentence, clause or phrase of this Ordinance should 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 16. Effective Date. This Ordinance shall be in full force and effect five (5) days after
date of publication of this Ordinance or a summary thereof in the official newspaper of the City, and the
taxes imposed herein shall take effect on March 1, 2005.
ATTEST:
PASSED by the City Council of the City of Spokane Valley on , 2004.
City Clerk, Christine Bainbridge
Approved as to Form:
Deputy City Attorney, Cary P. Drisketl
Date of Publication:
Effective Date:
Mayor Diana Wilhite
Utility Tax Ordiannse 12.07 -04 Page 7 of 7
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 7, 2004 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Council Guidance on Filling Vacancy of City Attorney
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
Council action is requested to address the resignation of Stanley Schwartz, Witherspoon,
Kelley, Davenport & Toole, as Interim City Attorney, which resignation was tendered November
18, 2004. Council needs to decide which resources to use to fill the vacancy, either contract
with another law firm or attorney, or hire an in -house city attorney.
OPTIONS: Contract with another law firm or attorney; or fill the position in- house.
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Dave Mercier
ATTACHMENTS November 18, 2004 letter of resignation from Stanley Schwartz
11/18/2004 14:4E WITHERSPODi'! KELLEY 9 9P921100E
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WITHERSPOON, KELLEY, DAVENPORT & TOOLE
A PROFESSIONAL SERVICE CORPORATION
ATTORNEYS & COUNSELORS
} 100 U.S. RANK BUiLONG
422 WEST )UV2RStUB AVENUE
SPOKANE, WASHINGTON 95201 -0300
Telephone: (509) 624.5265
T:i- Copir1 (509) 4S8-Z716
By
November 18, 2004
Dave Mercier, City Manager
City of Spokane Valley
11707 E. Sprague Avenue
Spokane Valley WA 99206
Re: Interim City Attorney Services
COZIAD'Al.):T.E COT IC
THE EPOf.E.TI.4.LHE:V,nl%'nt11t371f G
&t wwwnmH'. 13MIt.eYARD. EErre
COSTA D'Al.E) . LA 091 61814
(,iq) MI-Km
Dear Mr. Mercier:
As you know, we believe we have provided timely and competent legal services
to the City of Spokane Valley since the date of its incorporation.. At this juncture, we feel
it is in both the City's and Witherspoon, Kelley's best interest to terminate our current
legal relationship. Accordingly, I submit my resignation as Interim City Attorney.
Please give me a call at your convenience to discuss completion of the work in
progress and the transfer of requested files. I wish you, the City Council and the City
continued success in future endeavors. Thank you for the opportunity' to be of service.
SMS /jp
cc: Mayor and Members of the City Council
Deputy City Attorney
O:iC1City of Spokane Vaiicy I43241Corr4pofde tcelLtt Niacin 11 1 SO4.do
Very truly yours,
WITHERSPOON, KELLEY, DAVENPORT
'& TOOLE, P.S.
eyi � ate
Neu. 43B 61.102
Meeting Date: December 7, 2004
CITY OF SPOKANE VALLEY
Request for Council Action
Item: Check all that apply: ❑ consent ❑ old business
❑ new business 0 public hearing
® information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE: Study Session: Framework for Spokane Valley Uniform
Development Code
GOVERNING LEGISLATION: WAC 365- 195 -800; RCW 36.70A040
PREVIOUS COUNCIL ACTION TAKEN: City Council was briefed on the proposed Code on
September 2, 2003. Council subsequently established Article III Building Regulations
(Ordinance No 04 -010); Article V Special Zones Section 5.01 Floodplain Hazard, Section 1.20
Enforcement & Penalties (Ordinance 04 -013); Article IV Section 4.15.2 and 4.15.3 Height &
Area Regulations (Ordinance 04 -033); Article VII Section 7.06 Clearview Triangles (Ordinance
04 -038); Article IX Section 9.04.10 Street Vacation (Ordinance 04 -002) and Section 9.05
Clearing & Grading (Ordinance 04 -016).
BACKGROUND: The Spokane Valley Uniform Development Code will eventually consolidate
and integrate all regulations in a single document, including subdivision, zoning and
development standards. Providing well- organized, concise, clear and readable regulations is
important in ensuring uniform and consistent interpretation and enforcement of City policies
affecting land development and the implementation of the Comprehensive Plan.
■ In order to ensure a well- organized code, the adoption of the framework (or table of contents)
\__„/ will permit regulations, or amendments to be correctly numbered and updated as different
ordinances are adopted or amended in the future. Sections for which no ordinance or regulation
has been adopted are "Reserved" for possible action in the future. It will also allow the City to
publish its regulations on the internet for the convenience of both citizens and developers.
OPTIONS: Provide staff with direction on the organization of the Spokane Valley Uniform
Development Code.
RECOMMENDED ACTION: Provide staff with direction.
BUDGET /FINANCIAL IMPACTS: Not applicable.
STAFF CONTACT: Marina Sukup, Community Development Director
ATTACHMENTS: Draft Framework (Table of Contents)
SPOKANE VALLEY UNIFORM DEVELOPMENT CODE
ARTICLE I
GENERAL PROVISIONS
1.01 Enactment (Reserved)
1.02 Purpose (Reserved)
1.03 Jurisdiction (Reserved)
1.04 Rules of Construction (Reserved)
1.05 Consistency with Comprehensive Plan (Reserved)
1.06. Concurrency (Reserved)
1.07 Definitions (Reserved)
1.08 Severability (Reserved)
1.09 Certificate of Occupancy & Compliance (Reserved)`
1.10 -1.19 Reserved \,/
1.20 Enforcement and Penalties (Ordinance 04 -013)
1.20.01 Definitions
1.20.02 Relationship to Growth management
1.20.03 Declaration of public nuisance- misdemeanor
1.20.04. — Enforcement, authority and administration
1.20.05. — Guidelines for departmental responses to complaints.
1.20.06. — Initial investiga
i. A �l�
1.20.07. — Procedure hen probable violation is identified
1.20.07. — Procedures henKobable violation is identified
1.20.09. — Training and rulemaking
1.20.10. — Obligations of pe so responsible for code violation
1.20.11. — Determination of compliance
1.20.12. — Voluntary compliance agreement — authority
1.20.13. — Voluntary compliance agreement — contents
1.20.14. — Failure to meet terms of voluntary compliance agreement
1.20.15. — Citations — authority
1.20.16. — Notice of Violation — effect
1.20.17. — Notice of Violation — contents
1.20.18. — Notice of Violation — modification or revocation
1.20.19. — Notice of Violation — remedy — civil penalties
1.20.20. — Notice and order —.authority.
1.20.21. — Notice and order — effect
1.20.22. — Notice and order — contents.
SPOKANE VALLEY UNIFORM DEVELOPMENT CODE
1.20.23. — Notice and order — recording.
1.20.24. — Notice and order — supplementation, revocation, modification
1.20.25. — Notice and order - administrative conference.
1.20.26. — Notice and order — remedies — suspension, revocation or limitation of
permit
1.20.27. — Notice and order — remedies — denial of permit
1.20.28. — Notice and order — remedies — abatement
1.20.29. — Stop work order — authorized.
1.20.30. — Stop work order — effect
1.20.31. — Stop work order — remedy — civil penalties
1.20.32. — Stop work order — remedy — crimial penalties
1.20.33. — Civil penalties — assessment schedule
1.20.34. - Civil penalties — duty to comply
1.20.35. - Civil penalties — community service
1.20.36. - Civil penalties — waivers
1.20.37. - Civil penalties — critical areas
1.20.38. - Cost recovery
1.20.39. — Collection of civil penalties, fees and costs.
1.20.40. — Abatement
1.20.41. - Code compliance abatement fund — authorized
1.20.42 dministrative appeals — standing - filing requirements
1.20.43\Administrative appeal — notice of hearing
1.20.44. --Administrative appeal — procedures
1.20.45 — Administrative appeal — final order
1.20.46. - Judicial enforcement — petition for enforcement
ADMINISTRATION
2.01. Planning Commission (Reserved)
2.02. Hearing Examiner (Reserved)
2.03. Community Development Department (Reserved)
2.04. Building Official (Reserved)
2.05 Public Works (Reserved)
ARTICLE III
BUILDING REGULATIONS
3.01. Adoption of Referenced Codes ( Ordinance No 04 -010)
SPOKANE VALLEY UNIFORM DEVELOPMENT CODE
3.02. General Requirements for all Referenced Codes
3.02.01 Conflict Between Codes.
3.02.02 Reserved.
3.02.03 Design Requirements:
3.02.04 Professional Preparation of Plans.
3.02.05 Construction Plan.
3.02.06 Permits
3.02.07 Referenced Codes.
3.02.08 Fees
3.02.09. Appeals.
3.02.10 Floodplain Development
3.02.11. Reserved.
3.03 Amendments to the referenced codes.
3.03.1 2003 International Building Code.
3.03.2 2003 International Residee tia"0de..�
3.03.3 2003 International Mechanical -Reserved.
3.03.4 2003 International Fire Code
3.03.5 2003 Uniform Plumb Q %Cod - %Resented
3.03.6 2003 International Fuel G s Co�Reserved.
3.03.7 2001 Second Edition, Was , ington %State Energy Code - Reserved.
3.03.8 1997 Uniform Code for the Abatement of Dangerous Buildings
ARTICLE IV
4.01. Applicability (ReservId)
4.02. Zoning Districts (Reserved)
4.02.1\ Zoning Districts Established
•
4.02.2 Zoning District Map
4.02.3 Zoning District Boundaries
4.02.4 Compliance Required
4.02.5 Schedules and Illustrations
4.02.6 New and Unlisted Uses
4.02.7 Administrative Exceptions
4.03. Newly Annexed Territory (Reserved)
4.04. Platting Property (Reserved)
ZONING REGULATIONS
SPOKANE VALLEY UNIFORM DEVELOPMENT CODE
4.04.2 Creation of Building Site
4.05. Non - conforming Uses (Reserved)
4.06. Changes & Amendments (Reserved)
4.07. Reserved .
4.08. District Purpose and Supplemental Use Regulations (Reserved)
4.08.1 "R -1" Single Family Residential Estate District
4.08.2 "R -2" Single Family Residential District. (Reserved)
4.08.3 "R -3" Single Family Residential District.
4.08.4 "R -4" Residential District
4.08.5 "MF-12" and "MF -22" Multifamily Residential District
4.08.6 through 4.08.10 (Reserved)
4.08.11 "B -1" Local Retail District
4.08.12 "B -2" Shopping Center District
4.08.13 "B -3" Corridor Commercial District.
4.08.14 "I -1° Light Industrial District
4.08.15 "1 -2 "- Intermediate Industrial/District.
ct.
4.08.16 "1 -3" Heavy Industrial / ,istricts
4.08.19 "PD" Planned Unit Developrfient District
4.08.20 (Reserved)
4.10. Residential Accessory Use Regulations.(Reesr(ied)
4.11.- 4.14 Res rveZl
4.15. Height and Area Regulations
4.15.1.7 _Genei (Reserved)
4.15.2. Residential Height and Area Regulations (Ordinance 04 -033)
4.15.3. `` Non- Re Height and Area Regulations (Ordinance 04 - 033)
4.20. Permitted\Principal & Accessory Uses (Reserved)
4.20.1 \ General- Provisions
4.20.2
Schedule of Principal Uses
4.20.3 Schedule of Accessory Uses
ARTICLE V
SPECIAL ZONES
5.01 Floodplain Hazard Purpose (Ordinance 04 -004)
5.02 Definitions
5.03 Enforcement
SPOKANE VALLEY UNIFORM DEVELOPMENT CODE
5.03.01 Applicability
5.03.02 Basis for establishing Areas of Special Flood Hazard
5.03.03 Stop Work Orders
5.03.04 Penalties for Non - Compliance
5.03.05 Abrogation and Greater Restrictions
5.03.06 Interpretation
5.03.07 Warning and Disclaimer of Liability
5.04 Administration
5.04.01
5.04.02
5.04.03
5.04.04
Development Permit Required
Application for Development Permit
Designation of the Local Administrator
Duties and Responsibilities of the Administrator
5.05 Variance Procedure
5.05.01 Procedure
5.05.2 Conditions for Variances
5.05.03 Appeals
5.06 Provisions for Flood Hazard Reduction
5.06.01 General Standards
5.06.02 Anchoring
5.06.03 AH Zone'6raiage
5.06.04 Construct `o'Materials and Methods
5.06.05 Utilities
5.06.06 Subdivision and Ot . er Proposed Development
5.06.07 Review of Building Permits
5.06.08 Specific Standards
5.06.09 Before Regulatory Floodway
5.06.10 Floodways
5.06.11. Water- Dependent Works.
5.06.12 Standards for Shallow Flooding (AO Zones)
5.06.13. Special Requirements
5.06.14 Critical facilities
5.10 Airport Hazard (Reserved)
5.20 Critical Areas (Reserved)
5.25 Shoreline Management (Reserved)
5.30 Historic Preservation (Reserved)
SPOKANE VALLEY UNIFORM DEVELOPMENT CODE
ARTICLE VI
SPECIAL ZONING PROVISIONS
6.01. Conditional Use Permits (Reserved)
6.01.1 Purpose
6.01.2 Permitted Uses
6.02.3 Approval Process and Procedure
6.01.4 Specific Use Permit Requirements
6.01.5 Permitted Uses
6.01.6 Revocation of Conditional Use Permit
6.02. Special Use Permits.(Reserved)
6.02.1 Adult Retail Uses
6.02.2 Firearms and Explosives Sales and Service
6.04 Temporary Use Permits (Reserved)
6.05 Site Plan Approval (Reserved)
6.05.1 Purpose.
6.05.2 Applicability
6.05.3 Site Plan Details
6.05.4 Review Standards
DESIGN STANDARDS
ARTICLE VII
7.01. Purpose (Reserved)
7.02. Applicability (Reserved)
7.03. Non - Residential Design Standards (Reserved)
7.03.1. Parking Garages
7.03.2. Exterior Facade Materials
7.03.3. Roof Top Mechanical Equipment
7.03.4. Outdoor Lighting.
7.03.5. Utility Services
7.04. Off- Street Parking and Loading (Reserved)
7.04.1. Vehicle Parking
7.04.2. Off-Street Loading
7.04.3. Disabled Parking Requirements (RESERVED)
7.05. Landscaping Requirements (Reserved)
SPOKANE VALLEY UNIFORM DEVELOPMENT CODE ,
7.05.1. Standard Planting Materials
7.05.3 Tree Planting Requirements for New Single Family Res. Development
7.05.4 Landscape Maintenance Requirements — All Districts
7.05.5 Landscape /Irrigation Plan Approval
7.06. Clear View Triangle (Ordinance 04 -038)
7.07. Fences and Walls (Reserved)
7.08. Performance Standards (Reserved)
7.09. Sign Regulation (Reserved)
8.01. Purpose (Reserved)
8.02. General Provisions (Reserved)
8.02.1. Jurisdiction.
8.02.2. Applicable Law
8.02.3. Superseding Regulations
8.02.4. Amendments
8.02.5. Administrative Approval of Certain Minor Plats, Amending Plats and
Replats
8.03. Plat Regulations ( R
8.03.1.
8.03.2.
8.03.3.
ARTICLE VIII
SUBDIVISION REGULATIONS
*In General
General Developrrient Plan
8.05 Binding Si te P.Ian?
IV
ARTICLE IX
DEVELOPMENT STANDARDS
9.01. Permits Required (Reserved)
9.02. Lot Design (Reserved)
9.03. Blocks (Reserved)
9.04 Street Design Standards
9.04.01 - 9.04.09 (Reserved)
Preliminary, Plat
8.03 Final PIaC
(
8.03.5. \Combination Plat
8.03.6\ RR plat -P o edure without Vacating Preceding Plat
SPOKANE VALLEY UNIFORM DEVELOPMENT CODE
9.04.10 Street Vacation (Ordinance 04 -002)
9.05 Clearing & Grading (Ordinance 04 -016)
9.05.01 Purpose
9.05.02 Permit Required
9.05.03 Exempted Work
9.05.04 Testing
9.05.05 Hazards
9.05.06 Definitions
9.05.07 Grading Permit Requirements
9.05,08 Engineered grading Requirements
9.05.09 Residential Subdivision Grading
9.05.10 Ponds, Water Features and Man -made Lakes
9.05.11 Private Driveways
9.05.12 Soils Engineering report
9.05.13 Engineering Geology Report/
9.05.14 Regular Grading Requiremen'
9.05.15 Erosion Control
9.05.16 Grading Fees
9.05.17 Grading Inspection
9.05.18 Completion of Work
9.06. Utilitie'Standards (Reserved)
9.07. Landscape`Irrig tion Systems (Reserved)
9.08. Storm &.Management (Reserved)
9.09. Mons & M ra kers .Reserved)
9.10. — 9.24. Reserved
9.25. Escrow Policies and Procedures. (Reserved)
9.26. Payment.ofFees,,Charges and Assessments (Reserved)
ARTICLE X
PARK DEDICATION (Reserved)
ARTICLE XI
IMPACT FEES (Reserved)
SPOKANE VALLEY UNIFORM DEVELOPMENT CODE
A. Definitions
B. Filing Fees and Charges
C. Trees and Plants
D. Planned Development Districts
APPENDICES
Meeting Date: December 7, 2004 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Lodging Tax Advisory Committee Grant Recommendations Report
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION: Council consensus to bring recommendations
forth for motion consideration at the December 14, 2004 meeting.
BUDGET /FINANCIAL IMPACTS: None
CONTACT: Councilmember Flanigan
ATTAC HMENTS
Recommendations for 2005
Synopsis of requests to date
CITY OF SPOKANE VALLEY
Request for Council Action
Entity
Request
Recommendation
Mike
Peggy
Jayne
Liz
Jeff
Fairground
21,000
9,000/9,000 match
9,000/9,000 match
20,000
20,000
18,000
9,000/9,000 match
Valleyfest
27,200
15,000
15,000
27,200
18
10,000
5,000
Heritage Museum
22,100
10,000
8,000
22,100
18,000
10,000
5,000
YMCA
12,000
6,000
9,000
12,000
9,000
6,000
6,000
SRSC
100,000
75,000
100,000
65,000
75,000
75,000
76,000
VCB
200,000
136,000
110,000
113,700
100,000
141,000
150,000
382,300
260,000
260,000
260,000
240,000
260,000
260,000
Committee members include Councilmember Flani• an, Mayor Diana Wilhite as alternate
Jeff Fiman
Liz Beck
Peggy Doering
Jayne Singleton
Hotel /Motel Tax Committee
2004
Allocatic ` it 2005
ORGANIZATION
Apply '03
03 Funded
04 Apply
04Funded
05 Apply
05 Funded
Friends of the Centennial Trail
23,480
0
2,000
2,000
Valley Chamber of Commerce (05 request rec'd late)
15,440
Plantes Ferry Park
71,842
20,000
Spokane Co. Fair 8 Expo Center
58,376
17,500
35,000
25,000
21,000
Spokane Regional Convention & Visitor's Bureau
200,000
83,700
250,000
150,000
200,000
Spokane Regional Sports Commission
120,000
52,200
150,000
100,000
100,000
Spokane Valley Heritage Museum
40,000
1,000
22,100
Spokane Valley Jr. Soccer Association
96,642
24,800
71,842
Spokane Valley YMCA
50,000
18,000
12,000
Valleyfest (withdrew request for 04)
19,724
2,800
49,700
27,200
Spokane Winery Association
TOTALS
Armed Forces & Aerospace Museum
2,535 35
n
' 5 84,742
3,327
0
„
20 0,000
0
2
632
2,531
500
884
2,000
;299,000'
97;719.
. . .
Inland NW Senior Wellness Conference
12,500
0
Latah Creek Wine Cellars
20,000
0
Splash -Down Family Waterpark
230,000
0
Spokane Arts Commission
5,000
0
Spokane Arts Commission
10,000
0
Spokane Horse Breeders of Inland NW
5,830
0
Spokane Polo Club
25,300
0
Spokane Polo Club
3,400
0
Spokane Polo Club
1,400
0
Spokane Symphony
20,000
0
20,000
Spokane Winery Association
750
0
5,750
Sports USA Sports Complex
103,000
0
WebMaker
39,000
0
1,064,249
661,165
Proposa'
Activities to Increase Tourism
Prepared by Chris Bainbridge 12/1/2004 Page 1
NEWSPAPER
CIRCULATION
Daily Line Rate l $' run
Daily Line rate add'l runs
Valley News Herald
10,273
.75
.65
Spokesman Review
1 18,753
1.16
.93 *
Spokesman Th VV
22,448
.82
.82
Spokesman Sat VV
27,374
.89
.89
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 12 - 07 - 04 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
x information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Official Newspaper
GOVERNING LEGISLATION: RCW 65.16.020: Qualifications of legal newspaper. The
qualifications of a legal newspaper are that such newspaper shall have been published regularly, at least
once a week, in the English language, as a newspaper of general circulation, in the city or town where the
same is published at the time of application for approval, for at least six months prior to the date of such
application; shall be compiled either in whole or in part in an office maintained at the place' of
publication; shall contain news of general interest as contrasted with news of interest primarily to an
organization, group or class; shall have a policy to print all statutorily required legal notices; and shall
hold a periodical class mailing permit.
Statute does not require annual designation of an official newspaper.
PREVIOUS COUNCIL ACTION TAKEN:
December 17, 2002, Interim Manager Walton reviewed proposal information submitted by various local
newspapers as to their capability and costs for providing legal publication services to the City, and
recommended that the City authorize a one -year contract with Spokesman - Review for legal publication
services. Thereafter, council approved Resolution No. 02 -11 Designating the Spokesman review as the
Official Newspaper and authorized City Manager to execute a one -year contract with The Spokesman
Review for legal advertising services. The motion carried unanimously.
March 16, 2004: During this study session, discussed the differences between the Valley News Herald
and Spokesman R.cview (see previous spreadsheet).
March 23, 2004: During this regular meeting, Council approved Resolution 04 -006 designating the Valley
News Herald as the official newspaper. During that meeting it was Council consensus to bring this
matter back for discussion in a year.
OPTIONS:
(1) Keep the Valley News Herald as the official newspaper
(2) Instruct staff to draft a new resolution designating the Spokesman Review as the official
newspaper
RECOMMENDED ACTION OR MOTION: Keep the Valley News Herald as the official
newspaper
BUDGET /FINANCIAL IMPACTS:
* Daily Line Rate for additional runs 20% discount for 2" run; 30% for 3 and 50% discount for 4 run
STAFF CONTACT: Chris Bainbridge
ATTACHMENTS
Newspaper Comparison Table; previous spreadsheet
SPOKESMAN REVIEW •
VALLEYUALLEY Nr' " III ,
per line 1st run
per line add'I run
1.12
column inch 1st run
15.61
column inch add'I run
Column inch =
1.25"
Circulation
118,753 **
Vi a, ob n?1 =.;c=
PUBLICATION TYPE
_
1.12
Daily
0.75
0.651
10.5
9.1
1.75"
Weekly L
SPOKESMAN REVIEW DAILY
2.87
40.24
1.25"
SPOKESMAN REVIEW SAT /SUN
3.17
44.4
1.25"
Spokesman "
•
• figure is average:
Mon,Tu,Th, Fri
Wednesdays
Saturdays
Sundays
100,587
122,847
118,921
132,587
Herald ^ approxima -
Spokesman boasts greater circulation
Herald boasts running
newspaper for not less
more legats than others,
Spokane County's official
than one year
and they are
newspaper
• Contract Rate: minimum $15,000
annual legal advertising;
retain Spokesman as legal
PUBLICATION DATA
Year
# Summary Ordinances
$ Summary Ordinances
# Public Hearing
S Public Hearings
# Other Legals
S Other Legals
$ TOTALS
2002 - 2003
98
9981.7
40
2981.51
46
3480.54
16443.75
2004
5
423.84
10
871.93
3
299.32
1595.09
18038.84
Total Cost: $18,038.84 divided b S •okesman Review column inch cost $15.61 = approximatel 1,155.60 co
umn inches run
1,155.60 column inches times $10.50 column inch cost of Herald = $12,133.80
Use of the Herald for those inches would have saved approximately $6,000 annually
Spokesman Review
SR # Publications
Average Cost per Ad
2003 Legal Publications
6,187.72
83
74.55
Valley News Herald
VNH #Publications
Average Cost per Ad
SR 2004 Legals
4,050.92
33
122.76
VNH 2004 Legals
4,719.90
74
63.78
TOTAL 2004
8,770.82
107
Spokesman Review 2004 legals: From 1 -7-04 through 3 -8 -04
Valley News Herald 2004 legals: From 4 -9 -04 thru 10 -31 -04
Spokane Valley News Herald
523 N. Pines Rd., Ste. B
Spokane Valley, WA 99206
November 15, 2004
City of Spokane Valley
Attn: Chris Bainbridge
Re: City of Spokane Valley legal notices
The Spokane Valley News Herald has been publishing a weekly newspaper
since 1920 in the Spokane Valley. Since our paper is delivered by U.S. Mail,
we do not have a periodicals mailing permit.
We publish more legal notices each week than any other paper in the area.
This includes Sheriff's notices, water district notices, and we are currently
publishing the notices for the City of Spokane Valley. What this means to you is
that anyone interested in legal notices already knows where look.
Rates for Publication:
.75 per agate line or $10.50 per column inch - 1st run
.65 per agate line or $9.10 per column inch - additional runs
Examples: A. $45.75 1st run
$39.65 2nd run
Notice of Public Hearing
City of Spokane Valley
Hearing Examiner .
Hoe ring Dale and Time: Novemeer 1e,
2004.9:00 a,m.
Hearing Location: City Council Otambers
-of the Clty of Spokono Valley. 11707. E.
Sprague Ave. Suite 101, Spokane Valley, WA
99206. Facilities are physically acoe *le lor
individuals with ffsabfWJes.
Application: (REZ•16.04) A request for
change In zoning classllication Iram Urban
Residential -3.5 (UR•3,5) to Urban Resider'. •
nal- 22 1UR -22) for 3 multi - family dwdings,
APalleant: Mark McManus
Location: Parcel No. 45212.1006, lacated
at 11200 East 4111Averke
Procedures: The public hearing and any
appeal will be conducted pursuant to City
Ordnance Na. 57, My interested parties are
imbed to anon! the hearing and provide oral
or wt55en testnwny:
A slaw ropon and 140 will general)y b0 wall.
able tor impaction 7 days prior to cite hearing,
between 6:00 ant to 5.:00 pm on regular busi-
ness days, al the Spckano valley City•Hall,
Suite 106. Wriden oornrrdms may bo submit.
led to: Spokane Valley Department of
Community Development Planning Division,
Ann; Wed Hamois. 11707 E. Serowe Ave..
Suite 106. Spokane Vetoy, WA 99206 or for •
aodGbnal Interne ion cab (509) 69647048.
Christine Bainbridge
S.\.K n r.,.w
B. $35.25 1st run
$30.55 2nd run
RECEIVED
NOV 1 5 2004
CITY OF SPOKANE VALLEY
CITY CLERK
City of Spokane Valley •
. Nonce of Public Hearing
The Spoken Valley Planning Commission
will conduct a public hosting to rewire public
testirnony.al the Spokane Valley City Council
Chambers; ft 707 East Sprague Avenue,
Spokane Valley WA, 99206 at 6:30 p.m.
Thursday, Oclober 14, 2004, to consider roc•
ontmendadons concerning the !clewing Strom
Vacation Request:
• STREET VACATION REQUEST STV -03-
04 FOR A REMAINDER•OF DAVID
ROAD LOCATED BETWEEN SPRAGUE
AVENUE AND APPLEWAY, WEST OF
. THIERMAN ROAD.
Chris Unc Properties L.L-C., 2320 N.
Atlantic Street, Spokane, WA 99205, tho
.owner of abutting Parcel No. 35242,0102,
requests the vacation of a remainder o1 David
Road, originally acquired by Spokane County
for No App!eway Extension..
. There will bo on opportunity lor prhfc com-
ment at the meeting. In rho ovord that yo ere
unable to attend. eonuneins may be stbrnined
in writing prior to 5:00, p.m., Wednesday;
October 13. 2004, to the Depanment of Com-
mainity Development of e- mailed - to plan -
ning® npekonevellcy.org.
Please calf 689-0050 Ice ntoro information.
Chfrtlrtettalnbridge, CMG
'Spokane Valley City Clerk
9.24-200.
November 11, 2004
Chris Bainbridge
City Clerk
City of Spokane Valley
11707 E Sprague Ave
Suite 106
Spokane, WA 99206
Daily 100,671
Saturday 118,004
2005 "Contract" Legal Rates
THE S PDXES , : I RJEVIIEW
P.O. BOX 2160
SPOKANE, WA 99210-2160
Re: Bid Proposal for Legal Advertising Notices
The Spokesman - Review has been a "legal newspaper" m the State of Washington since 1941, as shown in
our attached Affidavit of Publication. We meet all the required qualifications of a "legal newspaper" under
chapter 65.16
Following is our latest available circulation audit figures as reported by the Audit Bureau of Circulations.
For the 12 month period ending March 3 I, 2004 the figures are as follows:
Wednesday 122, 964
Sunday 131,982
REVIEW TOWER, 999 WEST RIVERSIDE AVENUE, SPOKANE, WA 99201
(509) 459-5000• FAX (509) 459 -5234
Full Run. Legal notice published in the classified section with full distribution
All Government Entities within the State of Washington and or Idaho who formally recognize The
Spokesman- Review as their sole Legal paper of choice for a time period of not less than one year, will be
provided a Full Run Classified per line rate of one dollar and sixteen cents ($1.16). This line rate is
approximately one half of the Classified Legal open rate and is available upon the government entity
sighing a formal bid acceptance or contract with The Spokes - man- Review.
1) In addition, a supplemental advertising agreement is available to qualifying government entities
wherein The Spokesman- Review will agree to publish all other non -Legal Classified advertising
such as employment at a rate equivalent to our 7,000 lines per month recruitment volume contract
regardless of the actual number of lines used per year. ($1.96 for 2005)
THE SPOKESMAN-RIEVIEW
P.O. 130X 2160
SPOKANE, WA 99210 -2160
Zoned Product, Legal notices publish in either thc Thursday or Saturday Valley Voice with a distribution
through -out the Spokane Valley and Liberty Lake areas with the following circulation:
Product Circulation In Column Line Rate 'co
Thursday Valley Voice 22,448 .82 cents per line, per day $ 11.47 per inch
Saturday Valley Voice 27,374 .89 cents per line, per day 512.51 per inch
The Valley Voice is distributed to thc following zip codes: 99025, 99217, 99216, 99027, 99212, 99037,
99019, 99206, 99016, 99036, 99023, 99012, 99030, 99039, 99018.
Our Classified rates are charged by the line for an in- column line ad. Illustrated Classified Display (ICU)
rates are charged by the inch. A classified column width is 1 % inches wide, and our zoned Voice product
column width is 2 1/16 inches.
Submitted for evaluation this 11 ` day of November, 2004 by The Spokesman- Review.
Submitted By: plane Bobiak Date.: November 11, 2004
Title: Classified Inside Sales Manager
Phone: (509) 459 -5122
999 W. Riverside
email: diaitebespokesmatt.com
FAX: (509) 459 -5156
Spokane, WA 99201
REVIEW TOWER, 999 WEST RIVERSIDE AVENUE, SPOKANE, WA 99201
(509) 459-5000• FAX (509) 459 -5234
October 19, 2004
Cowles Publishing Company
arbta THIE S P°O K ESMAN —IR_ E V)I IE W
CLASSIFIED ADVERTISING LEGAL CONTRACT
• for
THE CITY OF SPOKANE VALLEY
Spokane, Washington
The Advertiser agrees to buy and the Publishers agree to sell legal advertising space for a period
of:
Twelve Months (12) commencing January 1, 2005 in Classification Legal Notices,
for which the Advertiser agrees to pay $1.16 per line dally/ Saturday & Sunday for a full run
in Classified Legal Notices.
As a local government agency, The City of Spokane Valley also qualifies for a 30 -day Multiple
Insertion Discounts (MIDs) for their full run in Classified Legal Notices as follows:
1st Insertion Earned Rate
2nd Insertion 20% MID
3rd Insertion 30% MID
4th Insertion 50% MID
The advertiser agrees to buy and the Publishers agree to sell legal advertising space for a period
of:
Twelve. Months (12) commencing January .1, 2005, in Classification: Legal Notices, for
which the Advertiser agrees to pay: $0.82 per line in the Thursday Valley Voice and $0.89 per
line in the Saturday Valley Voice. MIDs do not apply in th Valley Voice.
As a local government agency within the State of Washington, and having a planned yearly
expenditure of fifteen thousand or more (S15,000 +) and who formally recognizes the The
Spokesman - Review as their sole Legal Paper of choice the City of Spokane Valley also qualifies
for a supplemental advertising rate for all their non -legal advertising such as employment for
$1. 96 per line per day. MIDs do not apply.
1) No Stipulation or agreement except those contained in this contract will be binding on either _
party.
2) The Advertisers agree to furnish copy satisfactory to the Publishers at such a period of time in
advance of publication as may be fixed from time to time by the Publishers.
3) The Publishers will exercise due care to prevent mistakes, but shall not be held liable for
errors, omissions or correctness of statements made in advertisements as printed.
4) In case of violent abnormal increases in costs of newspaper production due to inflation or
other uncontrollable events, the rates specified herein are subject to revision by the Publishers on
sixty (60) days written notice, whereupon the Advertiser is privileged to cancel this contract
without short -rate charge, provided written notice of such cancellation is given before the dates
become effective.
5) The Advertiser agrees that failure to pay for space contracted for shall be sufficient ground
for the Publishers to discontinue publishing the advertising, but such discontinuance shall not
abrogate this contract for all contracted space.
6) If either party to this contract shall be compelled to suspend business temporarily as a result
of cyclone, flood or other act of God, strike or explosion, the party so disabled shall have the
privilege of suspending operation of this contract for a reasonable length of time, the only effect
on the contract being that no charge shall be made for space not used during such a period, and
the expiration date of the contract shall be moved forward by a number of days equal to the
duration of the suspension period.
7) Waiver by the Publishers of any of the terms and conditions herein shall not be construed as
a future waiver of the same or any other terms and conditions.
8) This contract shall not be binding upon the Publishers until signed by their Classified
Advertising Manager.
ATTEST:
City Clerk
Date Signed:
ACCEPTED:
Cowles Publishing Company and
THE SPOKESMAN-REVIEW
BY: Shaun Higgins Date:
Newspaper — Director of Marketing & Sales
CITY OF SPOKANE VALLEY
by:
City Manager
Address:
THE SPOKESMAN-
P.O. 13Ox 2160
SPOKANE, WA 99210-2160
'Federal Tax ID No. 91- 0420030
AFFIDAVIT OF PUBLICATION
STATE OF WASHINGTON
County of Spokane, ss.
Name: Acct:
P.O.: No. Lines:
Total Cost: $ Log No:
do solemnly swear that I am the Principal Clerk of the
SPOKESMAN- REVIEW, a newspaper established and regularly
published, once each day in the English language, in and of
general circulation in the City of Spokane, Spokane County,
Washington; and in the City of Coeur d'Alene, Kootenai County,
Idaho; that said newspaper has been so established and
regularly published and has had said general circulation
continuously for more than six (6) months prior to the 23rd clay of
July, 1941; that said newspaper is printed in an office maintained
at its place of publication in the City of Spokane, Washington;
that said newspaper was approved and designated as a legal
newspaper by order of the Superior Court of the State of
Washington for Spokane County on the 23rd day of July, 1941,
and that said order has not been revoked and is in full force and
effect; that the notice attached hereto and which is a part of the
proof of publication, was published in said newspaper, time(s),
the publication having been made once each time on the
following dates:
That said notice was published in the regular and entire issue of
every number of the paper during the period of time of
publication, and that the notice was published in the newspaper
proper and not in a supplement.
Subscribed and sworn to before me at the City of Spokane, this
day of , 20
Notary Public in and for the State of Washington,
residing in Spokane County, Washington
REVIEW TOWER, 999 WEST RIVERSIDE AVENUE, SPOKANE, WA 99201
(509) 459- 5000•FAX (509) 459 -5234 _
Meeting Date: 12 -7 -04 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing
XX information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Declaration of Easement Report
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Council adopted Ordinance 04 -043 on October 26,
2004, vacating that portion of David Road lying between Appleway Blvd and Sprague Avenue.
The property owner east of the now - vacated David Road also seeks to obtain the right to place
drainage and /or landscaping facilities on that portion of city land that lies west of the now -
vacated David Road. Council, also on October 26, 2004, declared that westerly remainder to be
surplus property.
BACKGROUND: Marshall Clark, the owner of the remaining property that comprises the
triangular piece of land bordered by Sprague, Appleway Blvd, and Thierman, requests an
easement for that land west of vacated David Road for the purpose of placing drainage facilities
(208) and /or landscaping in that area. My understanding is that he will need such an easement
to meet the current development/parking configuration he desires.
Council declared this property surplus for public use, and this intended use fits within that
declaration, and still maintains city fee ownership in the event the City determines a substantial
need in the future.
OPTIONS: Not granting the easement; instruct staff to proceed with selling the property outright.
RECOMMENDED ACTION OR MOTION: Place on next regular meeting agenda for a Motion
authorizing the City Manager to execute the Easement on behalf of the City Council.
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Cary P. Driskell, Deputy City Attorney
ATTACHMENTS: Proposed Easement
CITY OF SPOKANE VALLEY
Request for Council Action
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
ChrisLinc Properties, LLC
2320 N Atlantic St., Ste 100
Spokane, WA 99205
SPACE ABOVE FOR RECORDING ONLY
Document Title: Easement
Grantor(s): City of Spokane Valley, a Municipal Corporation
Grantee: ChrisLinc Properties, LLC
Legal Description:
Additional Legal Description: See Page 1
Assessor's Tax Parcel Number:
Reference Number:
DECLARATION OF EASEMENT
For $4.650.00 and other valuable consideration the City of Spokane Valley
(Grantor) hereby grants to ChrisLinc Properties, LLC, its successors and assigns
(Grantee), an easement in the property described in the attached Exhibit "A ". The
property lies generally between Sprague Avenue and Appleway Boulevard and west of
Vacated David Road. This non - exclusive Easement shall commence January 15, 2005,
shall run for a period of 40 years, and is subject to the rights of any other person or
entity with an interest in the subject property, including utility easements. The value of
the easement was determined by the square foot purchase price value of Grantee's
property immediately to the east of this property ($10.00 per square foot), reduced by
50% to reflect transfer of less than a fee interest. This square foot value was then
applied to the square footage of this parcel, 930 square feet.
The Grantee shall only utilize the property for landscaping and a 208 drainage
swale and related uses. Grantee shall be solely responsible for all maintenance and
repair of improvements Grantee places on the property. In the event Grantee does not
use the property for this stated purpose for more than one year, the easement shall
become null and void and cease to be an encumbrance upon the real property.
Grantee shall indemnify and hold Grantor, its officers, employees, agents and
volunteers harmless from and against any and all claims, demands, orders, decrees or
judgments for injuries, death or damage to any person or property arising or resulting
from a negligent act or omission on the part of Grantee or its agents, employees or
volunteers in the use of this Easement. In the event that any suit based upon such a
claim, action, loss, or damage is brought against its officers, agents or employees,
Grantee shall defend the same at its sole cost and expense; and if final judgment be
rendered is rendered against Grantor, that party or its officers, agents or employees,
then Grantee shall satisfy the same.
No modification of the easement can be made without prior written approval of
the Grantor.
IN WITNESS WHEREOF, the Grantor hereto has caused their duly
authorized representatives to execute this instrument as of the date hereinafter written.
DATED: , 2004
GRANTOR:
City of Spokane Valley,
By:
Name:
Title:
GRANTEE:
ACCEPTANCE OF EASEMENT
Signature
Title and entity signing on behalf of
STATE OF WASHINGTON
County of Spokane
) ss.
I certify that I know or have satisfactory evidence that
is the individual who appeared before me, and said individual acknowledged that he
signed this instrument, and acknowledged it as his free and voluntary act, for the uses
and purposes mentioned in the instrument.
Dated this
day of , 2004.
Notary Public for the State of Washington
Residing at
My commission expires:
Meeting Date: 12 -07 -04 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Court Related 2005 Contract
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
City and County staff have been working on some revisions to the language of the court contract .
Staff will present an update on these activities at the meeting.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Cary Driskell
ATTACHMENTS
CITY OF SPOKANE VALLEY
Request for Council Action
December 28, 2004, NO MEETING
DRAFT
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of December 2, 2004 11:00 a.ni
Please note this is a work in progress; items are tentative
To: Council & Staff
From: City Manager
Re: Draft Schedule for Upcoming Council Meetings
December 14, 2004 Regular Meeting 6:00 p.m. [due date Thursday, December 2]
1. Consent Agenda: Minutes, Payroll, Vouchers, , SAC Bylaws [5 minutes]
2. Second Reading Proposed Utility Tax Ordinance — Ken Thompson [10 minutes]
3. First Readings: Proposed 2004 Comp Plan Amendments — Marina Sukup (except 07) [90 minutes total]
4. First Reading: Proposed Area -wide Rezone R.equest:N Greenacres area (REZ 17 -04)— Marina Sukup[15 mins]
5. Motion Consideration: Council Approval, Lodging Tax Advisory Grant Recommendations —
Councilmember Flanigan [10 minutes]
6. Motion Consideration: Court Related Contract Agreements for 2005 — Cary Driskell [10 minutes]
7. Motion Consideration: Approval of Contract for Supply and Installation of Kitchen
Equipment at Centerplace — Steve Worley/Mike Jackson [10 minutes]
8. Information Only: Merno Re Moratorium Request
[estimated meeting: 150 minutes *]
December 21, 2004, Study Session 6:00 p.m. [due date Thursday, December 9]
1. Second Readings: Proposed 2004 Comp Plan Amendments — Marina Sukup (except 07) (45 minutes total)
2. Second Reading: Proposed Area -wide Rezone N Greenacres area (REZ. 17 -04)— Marina Sukup (15 minutes)
3. Law Enforcement Report — Cal Walker
4. Accomplishments .Report — Department Directors
6. Update on 2005 Contracts with Spokane County — Morgan Koudelka
7. initiative /Referendum Discussion — Cary Driskell
8. Information Only:
a. Departmental Monthly Reports
b. Planning Commission Minutes
TOTAL MINUTES:155
Max. mtg. tine: 150 minutes
.January 4, 2005. Study Session 6:00 p.m. [due date Thursday, December 23]
1. Spokane Conservation District Presentation — Rich Baden (tentative)
2. Proposed Resolution: Amending Resolution 04 -024, New Employee Position Descriptions —
Nina Regor
3. Motion Consideration: Rescinding Declaration of Surplus and Approving Declaration of
Easement (ChrisLine Properties, LLC) — Cary Driskell
4. Centennial Trail Update — Mike Jackson
5. Review of Washington Statutes on Disincorporation — Cary Driskell
6. Parks Usage & Maintenance Standards Update — Mike Jackson
7. Infractions for Violation of Park Rules Discussion — Cary Driskell
8. Water Safety Regulations Discussion — Cary Driskell
9. Helmet Safety Issue Research Update — Cary Driskell
10. CAFR (Comprehensive Annual Financial Report) — Ken Thompson
1 1 . Audit Report — Ken Thompson
Draft Advance Agenda 12f212004
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TOTAL MINUTES:135
Max. mtg. time: 150 minutes
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January 11.2005, Regular Meeting 6:00 p.m. [due date Thursday, December 30]
1. First Reading Proposed Ordinance Adopting Framework for Development Code — Marina Sukup [10 minutes]
2. Administrative Report:
a. Sign Regulations Report — Marina Sukup [20 minutes]
b. Stormwater Ordinance Report — John Hohman [20 minutes]
c. Pawn Shop Regulation — Cal Walker [15 minutes]
[estimated meeting: minutes*]
January 18, 2005. Study Session 6:00 n.m. [due date Thursday, January 6]
1. Street Vacation Ordinance Amendment Discussion — Cary Driskell (5 minutes)
2. Proposed Amendment to Criminal Code —Noise (Blasting & boombox vehicles)— Cary Driskell (10 minutes)
3. Report on Alternatives to Incarceration — Cary_ Driskell (15 minutes)
4. Padal (Parcel Data Locator) System — Marina Sukup (15 minutes)
5. Cable Franchise Update —Nina Regor/Morgan Koudelka (15 minutes)
6. Hazard Mitigation Plan Briefing — Marina Sukup (20 minutes)
TOTAL MINUTES:80
Max. mtg. time: 150 minutes
January 19, 2005 — Conversation with the Community, 6 p.m., Sports USA
January 25, 2005, Regular Meeting 6 :00 p.m. [due date Thursday, January 13]
1. Second Reading Proposed Ordinance Adopting Framework for Development Code — Marina Sukup [10 mins]
2. First Reading Proposed Sign Ordinance — Marina Sukup [20 minutes]
3. Information Only:
a. Departmental Monthly Reports
b. Planning Commission Minutes
[estimated meeting: minutes *]
February 1, 2005, Study Session 6:00 p.m. [due date Thursday, January 201
February 8, 2005, Regular Meeting 6:00 p.m. [due date Thursday, January 27]
1. Second Reading Proposed Sign Ordinance — Marina Sukup [ 10 minutes]
February 12, 2005 — Winter Council/Staff Retreat, 9 a.m. — 1:00 p.nt.
February 15. 2005, Study Session 6:00 p.m. [due date Thursday, February 3]
Draft Advance Agenda 12/ 11:05 AM Page 2 of 3
February 22, 2005, Regular Meeting 6:00 p.m.
1. Information Only:
a. Departmental Monthly Reports
b. Planning Commission Minutes
March 15, 2005. NO MEETING
March 22, 2005, Regular Meeting 6:00 p.m.
1. Information Only:
a. Departmental Monthly R.cports
b. Planning Commission Minutes
OTHER PENDING AND /OR UPCOMING ISSUES:
Second Reacting Proposed Ordinance 04 -007 Stonmvater — (first reading 02- 24 -04)
Second Reading Proposed Sidewalk Ordinance 04 -012 — (first reading 02- 24 -04)
Panhandling— Cal Walker
Massage Parlors /Bath Houses — Cal Walker
June 11, 2005 — Mid -Year Council /Staff Retreat 9 a.m. - noon
1VrrrT1NGS TO BE SCHEDULED
1 open house — wastewater issues (To Be Announced)
[* estimated meeting time does not include time for public comments]
[due date Thursday, February 10]
March 1, 2005, Study Session 6:00 p.m. ]due date Thursday, February 17 ]
March 8. 2005, Regular Meeting 6 :00 p.m. [due date Thursday, February 24]
March 11 -15, 2005 Congressional City Conference, Washington D.C.
[due date Thursday, March 10]
March 29, 2005 Study Session 6:00 p.m. [due date Thursday, March 171
April 5, 2005, Study Session 6:00 p.m. [due date Thursday, March 24]
April 12, 2005, Regular Meeting 6:00 p.rn. [due date Thursday, March 31]
Draft Advance Agenda 1212/2004 11:05 AM Page 3 of 3