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2004, 02-10 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING Tuesday, February 10, 2004 CITE" HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor 6:00 P.M. Council Requests All Electronic Devices be Turned Off During Council Meeting CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION: Pastor Rick Sharkey, Spokane Christian Center ROLL CAI.L APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE. BOARD. LIAISON SUMMARY REPORTS MAYOR'S REPORT: PUBLIC COMMENTS For members of the Public to speak to the Council regarding matters NOT on the Agenda. Please state your name and address for the record and limit remarks to three minutes. PUBLIC HEARING: 1. CONSENT AGENDA Consists of items considered routine which are approved as a group. A Councilmnnber may remove an item from the Consent Agenda to be considered separately. a. Appnwal of Regular Council Meeting Minutes of January 20, 2004 b. Approval of Council Study Session Meeting Minutes of February 3, 2004 c. Approval of Claims in the amount of $1251,935.95 d. Approval of Payroll for 1/31/2004 in the amount of S141,2891.8 NEW BUSINESS ? First Reading Proposed Flood Plain Ordinance 04 -004 - Marina Sukup [public comment] 3. First Reading Proposed Ordinance 04-005 Amending Ordinance 35, Planning Commission - Marina Sukup [public comment] 4. Motion Consideration: Library Services Agreement - Nino Regor [public cornntent] 5. Motion Consideration: Tourism Promotion Area lnterlocal Agreement - Stanley Schwartz [public comment] 6. Mayor Appomtmcnts!Council Confirmations - Mayor DcVleming PUBLIC COMMENTS {Maximum of three minutes please; state your name and address for the record) Council Agaula 11) -flt Regular Meiling Page t of 2 Al)1KLNISTRATIVE REPORTS: [no public comment] 7. Walgreen's Public Access Easement Discussion - Kevin Snyder 8. Considerations in Stonnwater Regulations - Stanley Schwartz 9. Sidewalk Responsibility Discussion - Stanley Schwartz 10. Proposed Franchise Ordinance for C)ne-EIGHTY Networks Discussion - Cary Driskell 11. Proposed Towing Discussion -- Cary Driskell INFORMATION ONLY: [no public comment 12. Planning Commission Minutes of January 8, 2004, and January w 2004 (includes discussion of building code issue) AWOL Ia F1TURE SCHEDULE Regular Council Meetings are generally held 2nd and 4I Tuesdays. beginning at 6:00 p.m. Council Study Sessions arc generally held 1 ". 3" and 5th Tuesday :s. beginning at 6:00 p.m. Other Cpcoming Meetings/Events: February 17, 2004 - Study Session, 6:00 p.m. February 24. 2004 - Regular Meeting. 6:00 p.m. March 2. 2004 - Regular Meeting 6:00 p.m. March 9, 2004 - No Meeting March 16, 2004 - Study Session, 6:00 p.m. March 27. 2004 - Mayor's Ball, Mirabeau Hotel NOTICE: Individuals pluming tw attend the meeting who require +special assistance to accommodate physical, hearing. or other itnpii mmnc, please centre; the City Clerk at (509) 921 -1000 as soon as possible so that arrangements may he made Council Agenda 02 -10-04 Regular Meeting Page 2of2 Staff Present: DRAFT ivur4 17TT S City of Spokane Valley City Council Regular Meeting Tuesday, January 20, 2004 Mayor DeVleming welcomed everyone and called the City of Spokane Valley Regular Meeting to order at 6:00 p.m. Attendance: Councilmemhers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Marina Sukup, Community Development Director Neil Kersten, Public Works Director Cal Walker, Police Chief Kevin Snyder, Current Planning Manager John Holman, Senior Development Engineer Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Brian Prior of the Episcopal Church of the Resurrection gave the invocation. ROLL CALL: City Clerk Bainbridge called roll. All councilmembers were present. APPROVAL OF AGENDA: Deputy City Manager Regor asked that agenda item #2 be removed and rescheduled for February 10, 2004 meeting. It was moved by Councilmember Denenny and seconded by Deputy Mayor Wilhite to approve the agenda as amended. Roll Call Vote: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels: reported that he had a very informative meeting Saturday with the Association of Washington Cities for the new councilmembers. Councilmember Munson: announced that councilmembers have been involved with numerous training sessions presented by AWC, and that those sessions have been extremely beneficial in helping councilmembers better serve this community. Councilmember Flanigan: mentioned he attended the first meeting for America's Promise, formerly Spokane's Promise and that the Chase Youth Commission is acting as the umbrella for this program. Councilmember Denenny: said that the STA held public meetings last week which were very well attended and heard numerous public comments of those who rely on the public transportation system. MAYOR'S REPORT: Mayor DeVleming brought council attention to the memo regarding two opportunities for Council representation on boards and task forces. He mentioned the Regional A.nimal Control Task Force is forming to evaluate the possibility of a regional animal control model; that he would like either two Councilmemmbers or one Councilmember and one staff. Councilmembers Flanigan Council Minutes 01.20-04 Page 1 of 4 Date Approved by Council: DRAFT and Schimmels indicated their interest. Mayor DeVleming said City Manager Mercier will appoint the staff member. Additionally, the Library Capital Facilities Advisory Committee would comprise a councilmember, a staff member, and a citizen. Mayor DeVleming reiterated that Mr. Mercier will appoint the staff member. Mayor DeVleming also announced that we still need citizens to serve on the Cable Advisory Board. PUBLIC COMMENT: None 1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Mayor DeVleming and seconded to approve the Consent Agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. NEW BUSINESS: 2. Second Reading Proposed Towing Ordinance 04 -001. Removed from the agenda; to be discussed at the February 10 Council meeting. 3. Second Reading Proposed Street Vacation Ordinance 04 -002. After City Clerk Bainbridge read the ordinance by title, it was moved by Councilmemher Munson and seconded by Councilmenrber Flanigan to approve Ordinance 04 -002. Deputy City Attorney Driskell explained that there have been no changes since the first reading, and that the purpose of this ordinance is to provide a procedural mechanism for citizens to request vacation of streets rights -of -way. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Second Reading Proposed Fire District Annexation Ordinance 04 -003. After City Clerk Bainbridge read the ordinance by title, it was moved by Mayor DeVleming and seconded by Councilmenrber Flanigan to approve Ordinance 04 -003. Deputy City Manager Rcgor said that no changes have been made since the first reading, and that this ordinance would provide for the annexation to be brought before the public at an election. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Proposed Resolution 04-001 Amending Fee Resolution. After City Clerk Bainbridge read the resolution's title, it was moved by Councilmemher Munson and seconded by Councilmenrber Denenny to approve resolution 04 -001. Deputy City Attorney Driskell explained that the amended fee resolution incorporates two changes: changing the current: street vacation fee from $300 to 51300, and imposing a tow operator registration fee of $100 related to tow operators who want to be included on the police tow list. it was also mentioned that the tow operator registration fee will not be charged until the towing ordinance is approved and effective. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Consideration: City Council Legislative Agenda. Councilmenrber Taylor reviewed the draft letter to be sent to the appropriate senators and representatives. Couneilmcmber Taylor stated that he received information from City Manager Mercier that the Department of Community Trade and Economic Development does have the authority to expand a current zone, and that Spokane Valley will be applying for that expansion after further information is received to determine the appropriate geographic areas. Councilmember Munson added that this particular law is under sunset at this session so we would like them to reestablish the law, and then CT.ED can expand the zone. That clarification will be made on the letter. The question arose concerning the SCAPCA and if that board represents us adequately as the City of Spokane Valley is not a small city. After further discussion, it was decided to ask for one position on the board and not two. It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve the legislative agenda with the discussed amendments. Mayor DcVlerning invited public comment; none was offered. Vote by Acclamation: In Council Minutes 01 -20-04 Page 2 of 4 Date App7oved by Council: DRAFT Favor: Unanimous. Opposed: None. Abstentions: !None. Motion carried. Councilmember Denenny said he will pick up the letter tomorrow and hand carry it to the senators and representatives Thursday. 7. Motion Consideration: Library Services Agreement. Deputy City Manager Regor explained that the Library Board met this afternoon to consider the City's counteroffer to the Board's December offer; that the Board approved the counteroffer and then held discussion on how to handle the budget differences as their expenditures exceed their revenues by approximately $200,000. Ms. Regor said the Board is examining three options: (1) to make a proposal for how the Board would shrink the expenditures by $200,000 and spread that system -wide; (2) to take $200,000 to bring their expenses and revenues into alignment and reflect that from the Valley Branch; and (3) to take the difference between their December proposal and our counteroffer (S67,200) and reflect that as a reduction in the Valley Branch. Discussion then ensued regarding the reduced level of service and that it is currently not reflected in the agreement. It was council consensus to wait to see what this reduced level of service means and to hold this agreement pending that information which should be decided at the next Library Board meeting scheduled for February 17, 2004. 8. Motion Consideration: TUB Grant Funds. Public Works Director Kersten explained that this is a housekeeping item, that the funding for the projects has been approved, but that TIB requests that we certify all local matching funds for the Barker Road and the Bowdish Road and 24 Avenue sidewalk projects. Director Kersten said this would also require amending the budget. It was moved by Mayor . DeVleming and seconded, to authorize stuff' to certify the City has committed local match funds for the .Barker Road Project and the Bowdish Road and 24 Avenue Sidewalk Project for 2004 and 2005 and to amend our 2004 budget to reflect total project funding. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENT: None. ADMLNISTRATWE REPORTS: 9. Hotel/Motel Grant Proposals. Councilmember Flanigan reported that the Hotel /Motel Committee met to review and discuss the grant requests; that no consensus was reached for the funding amount for Valleyfest and Valleyfest subsequently not requested not to be involved in this year's grant process. Therefore, the. Committee recommends the following allocations: (1) Centennial Trail $2,000; (2) Convention Visitors Bureau $150,000; (3) Plantes Ferry Park $20,000; (4) County Fair and Expo center $25,000; (5) Regional Sports Commission S100,000; and (6) Winery Association Brochure Production $2,000; for a total fund award of $299,000. After brief discussion on possible reserves, Attorney Driskell said he will research to determine if there are additional funds remaining, it the committee should reconvene to handle those funds. It was moved by Cottncihne,nber Munson and seconded by Councilmember Schinvnels to approve committee recommendations. Mayor DeVleming invited public comment; none was offered. Thereafter followed brief descriptions of the projects, and brief comment from a representative from the Convention Visitors Bureau and Regional Sports Commission. Ms. Regor also mentioned that she feels the intent of this allocation is to reimburse expenses from the time of Council approval until the end of the calendar year. Vote by Acclamation: In Favor: Unanimous. Opposed: !None. Abstentions: None. Motion carried. 10. Stormwater 208 Program Discussion. Senior Development Engineer John Hohman went over his stormwater 208 program PowerPoint presentation. Mr. Hohman added that the ordinance which would regulate this would address implementing regulations and not the comprehensive plan itself. Mr. Hohman also stated that he anticipates putting together a steering corrunittee along with a technical advisory committee comprised of engineers and members of the public. Council Minutes 01- 20-01 I'agc 3 o1'4 Date Approved by Council: 11. Rotchford and 14 Stop Sign Report. Public Works Director Kersten explained the background of this issue and said that the City's traffic engineer has looked at the area and determined that a stop sign is not required at this point as that road is designated as a local access road, and the entire length of that road has not yet been accepted as a City street due to construction deficiencies. Mr. Kersten said that during the comprehensive plan process that road would get upgraded to an arterial and if that were to occur, a stop sign would be required. After discussion on the future of the road and the need for a stop sign, it was moved by Councilmember Taylor and seconded by Councilmember Munson to install a stop sign for eastbound traffic on 14 at the intersection of Rotchford. Mayor DeVleming invited public comment; none was offered. Councilmember Denenny mentioned he feels this is not an appropriate action as we are not deciding on stop signs for other similar streets. Vote by Acclamation: In Favor: Mayor DeVleming, Councilmembers Schimmels, Taylor. Munson, and Flanigan: Opposed: Deputy Mayor Wilhite and Councilmember Denenny; Abstentions: None. Motion carried. 12. Advance Agenda. Councilmember Munson asked that a travel policy discussion be included on the February 3 agenda. Mayor DeVleming also mentioned that he would like to reconvene the governance committee and that former committee members included himself, Councilmembers Denenny and Flanigan and the interim Deputy City Manager. 13. Tourism Promotion Area. Mayor DeVleming explained that after discussions with the President of the Hotel /Motel Association, Mr. Anderson and his attorney, Commissioner Phil Harris, and the Mayor from downtown, there were three suggested revisions to the interlocal agreement: (1) eliminate paragraph 7C, (2) determine who would pay for any litigation, and (3) clarification of wording. Mayor .DeVleming said the group stated that the intention is if 40% initiate the process to disestablish, then the commissioners decided whether to take action or not, and if they didn't disestablish, that allowed the local jurisdictions to give 90 -days notice to terminate. Mayor DeVleming said they agreed that their group would pay for any litigation but that they did not want to eliminate paragraph 7C. Councilmember Munson said that he would not vote for this as written, and quoted paragraph RCW 35.101.140 "Disestablishment of the Area Hearing and Resolution. The legislative authority may disestablish an area by ordinance after a hearing before the legislative authority. The legislative authority shall adopt a resolution of intention to disestablish the area at least 15 days prior to the hearing required by this section. The resolution shall give the time and place of the hearing." Councilmember Munson added that the text does not state that the hoteliers can disagree and not. disestablish. Further discussion ensued regarding the 40 %, disestablishment, the resolution process, and the meaning of paragraphs 7B and 7C. This matter will be taken back to those involved parties and brought back for further council consideration at the February 10 Council meeting. It was moved, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 8:00 p.m. A'FTEST: Christine Bainbridge, City Clerk DRAFT Michael DeVleming, Mayor Council Minutes 01 -20 -04 Page 4 of 4 Rate Approved by Council: Attendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember DRAFT MIN UTES City, of Spokane Valley City Council Study Session February 3, 2004, 6:00 p.m. Staff: Dave Mercier City Manager Nina Regor, Deputy City Manager Ken Thompson, Finance Director Neil Kersten, Public Works Director Cal Walker, Police Chief Mike Jackson, Parks & Recreation Director Cary Driskell, Deputy City Attorney Greg McCormick, Long Range Planning Manager Tom Scholtens, Building Official Steve Worley, Sr. Engineer Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Mayor DeVleming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone that this is a study session and there will be no public comments, and requested that all electronic devices be turned off for the duration of the meeting. 1. Opportunity Town Hall Report Parks & Recreation Director Jackson explained that the Spokane Valley Legacy Foundation is requesting that the City of Spokane Valley deed ownership of the Opportunity Township Hall to the Foundation for the purpose of establishing a local heritage museum for the community; that this is one of several properties acquired from Spokane County, was built in 1912, has approximately 2500 square feet, and is in overall good condition. Director Jackson added that the Foundation has applied for and received preliminary approval as a 501(c)(3) non -profit organization. Director Jackson introduced Foundation Coordinator Jayne Singleton, who also introduced several members of the Foundation Task-force. Ms. Singleton explained about the Foundation's development to date, that the next phase is to acquire a location, that the building is now on the Historic Register and that it would be a very appropriate facility for the museum. Ms. Singleton further stated that the Foundation has a dedicated group of volunteers, they have established an organizational structure with by- laws, articles of incorporation, a tax identification number, liability insurance, and have raised over $30,000; they have hundreds of artifacts and many volunteers to help with the building restoration. Council concurred to move this forward for a public hearing for February 24, 2004. Council also requested that language be included in the resolution to address use of the building as a museum or it would revert back as City property, and that the Foundation adhere to the requirements necessary so the building will remain a national historical building. A draft resolution will be presented to Council prior to the public hearing date. 2. Street Maintenance Agreement Public Works Director Kersten gave some background history of the Maintenance Contract Amendment, explained the basic terms and conditions of the contact, the implementation process of the contract in 2003, the negotiation process with the County for the 2004 budget, and the historical maintenance costs from the County for years 2002, 2001 and 2000. Director Kersten stressed that the 2003 figures were very rough estimates and the Valley's portion was not broken out in the budget figures. Director Kersten also discussed the spreadsheet showing actual costs and budgeted costs. Director Kersten explained the basic terms of the contract, that the contract can be terminated with 180 day's notice, and that the level of services explained in the contract is that level customarily provided by the County. Director Kersten added that the budgeted estimate for 2005 is based on historical numbers used to date, that any changes to the budget should be made by June 1,2004; and that any substantive changes would require agreement by Study Session Minutes 02-03-04 Page 1 of 3 Cate Approved by Council: . DRAFT the parties involved. Director Kersten recommended monthly monitoring of the contract and if trends show that we will be beyond budget, to return to Council for further direction. Discussion ensued regarding the January 23, 2004 letter from Spokane County, and City Manager Mercier stated he feels the letter is not a letter of termination, but rather a statement that the County is not interested in accepting the amendment. Mr. Mercier added that there is no evidence to suggest any lower level of service provided in 2003 than what was provided in 2002. Council stated their confidence that the level of service will continue to be provided. 3. Couplet Plannnnt; Deputy City Manager Regor, Public Works Director Kersten, and Long Range Planning Manager McCormick explained the results of the last joint City Council/Planning Commission meeting of January 15, 2004. Discussion turned to further refinement of categories, scheduling another joint meeting to answer fundamental questions, development of economic criteria, community survey, community workshops, and transportation modeling. Mr. McCormick mentioned that staff expects to have a preliminary draft of the comprehensive plan sometime in August. The format of the next meeting and the notion of breaking into three small groups within the council chambers, or meeting in different rooms was briefly discussed. Councilmember Munson mentioned that he would also like to see modeling scenarios on north/south traffic flow and connecting neighborhoods to the couplet, and to include the anticipated impact of commuter traffic that will result from I -90 combining three lanes from downtown Spokane to the Idaho border. Conversation turned to a request to assist SRTC with traffic modeling and alternatives. No objections were made to the suggestions. Mayor DeVleming asked staff to propose possible meeting dates with the objection of having 100% participation. The Mayor called for a short recess at 7:15 p.m.; and reconvened the meeting at 7:28 p.m. 4. Planning Commission Proposed Ordinance Changing Rule Community Development Director Sukup explained that the proposed change is as a result of election of new officers for the coming year and that Commission members prefer an annual election rather than an election every two years. Other items addressed in the ordinance change are housekeeping in nature. It was Council consensus to schedule this ordinance for a first reading for February 10, 2004. 5. Wastewater Policies Public Works Director Kcrsten mentioned that he attended a meeting this week concerning the Playfair Site, that an amendment to the facilities plan is being drafted, and an Environmental Impact Statement will be conducted on that site with a public meeting scheduled for February 25. The following issues were discussed: (1) Franchise Fee: determined this issue could be decided later as Council would like to see how that figure breaks down overall; (2) Capital Planning Fee: no decision; (3) Rate Setting: suggestion of combining option 2 and 3; discussed having an impartial consultant oversee rate setting; add to the interlocal agreement that the City of Spokane Valley would be involved in the rate setting process each year; (4) STEP Program: mutual agreement has been the arrangement to date and that is the plan to pursue; Council dedicated to the timely completion of the program; (5) DBO Procurement Process Selection Committee: Council concurs Option C at a minimum; (6) DBO Procurement Process Contract Approval: Council concurs with Option C; (7) Use of Reserve Funds: Council concurrence with Option B. Director Kersten added that the County is working to meet the August deadline regarding the Playfair site with the intent of having that become part of the loan agreement. Councilmember Taylor asked that a breakdown on the process (a timeline) be incorporated into the decision making process. 6. Proposed Revision to Employee Classification System Deputy City Manager Regor explained that City resolution 03 -031 calls for a periodic review and update of all position descriptions, and with the elimination of the City Engineer position, a change is proposed to move the two full -time Senior Engineer positions to Grade 18. Councilmember Taylor stated his objection to changing the positions, and would like to see the monetary scale included with the next agenda materials. The matter will be brought hack for council consideration at the February 24 Council meeting. Study Session Minutes 02 -03-04 Date Approved by Council: Page 2 of 3 DRAFT 7. Council Travel Policy Councilmcmber Munson explained that this issue came up when he was appointed to an NLC Steering Committee, and initially thought such appointment required his presence at the NLC meeting; and that lead to discussion on how to pay for individual council travel, (and as an aside due to other obligations, Councilmcmber Munson will not be able to attend that meeting). After discussion concerning splitting the council travel budget by seven, or moving funds from one member who might not be able to travel to another councilmcmber who could, it was Council consensus to draft some guidelines (such as criteria to consider when evaluating the travel budget) to be incorporated in a revised governance manual. 8. Advance Agenda Additions. Suggestions for additions to the advance agenda included the discussion of vouchers for free dump days, re- authorization of the aquifer protection area program, STA Board status report, and for the retreat to add an item concerning keeping other councilmembers informed about upcoming activities and meetings. 9. Council Check -In. City Manager Mercier said this is an opportunity to discuss how to better inform each other of external communications, and that topic will be addressed more at the upcoming Saturday retreat. 10. City Manager Comments. City Manager Mercier reminded Council and staff of this weekend's planning retreat workshop, which will be held in the Council chambers beginning at 9 a.m., and which will adjourn not later than 4:00 p.m. There being no further business, the meeting adjourned at 8:42 p.m. ATIBST: Christine Bainbridge, City Clerk Michael DeVlemi Mayor Study Session Minutes 02 -03-04 Page 3 or3 Date Approved by Council: r\ Meeting Date: 2 -10 -04 Item: Check all that apply: x consent ❑ old business ❑ information ❑ admin. report AGENDA ITEM TITLE: Claims: Voucher listing total for January 23, 2004, January 30, 2004, and February 3, 2004 OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: $2,506,466.75 STAFF CONTACT: Ellen Avey ATTACHMENTS Voucher Lists CITY OF SPOKANE VALLEY Request for Council Action Approve claims January 23, 2004 January 30, 2004 February 3, 2004 City Manager Sign -off: ❑ new business ❑ public hearing ❑ pending legislation $ 1,098,853.03 1, 254, 530.80 153, 082.92 $2,506,466.75 vchlist 01/23/2004 9:44:43AM Bank code : apbank Voucher Date Vendor 4125 1/21/2004 000400 AMER INSTITURE OF ARCHITECTS 4126 1/21/2004 000037 AMERICAN LINEN 4127 4128 1/21/2004 000277 ASSOC. OF WA CITIES 1/21/2004 000135 AMERICAN PLANNING ASSOCIATIOP 072351 4129 1/21/2004 000212 ATTORNEY & NOTARY SUPPLY 4130 1/20/2004 000030 AVISTA UTILITIES 4131 1/21/2004 000399 BERT'S, JIM 4132 1/20/2004 000101 CDWG 4133 1/21/2004 000109 COFFEE SYSTEMS INC 4134 1/21/2004 000035 CORPORATE EXPRESS Invoice 315349 KCbond 11/03 Dec2003 10704 LC55928 17961 83443256 Voucher List Spokane Valley 2000426981 PO # 7199 REGISTRATION 7200 REGISTRATION 7202 REGISTRATION 7203 REGISTRATION 7204 REGISTRATION 7205 REGISTRATION 7319 REGISTRATION awc04 MUNICIPAL MEMBERSHIP 30176 40006 Description /Account PROFESSIONAL MEMBERSHIP Total : FLOOR MAT SERVICE NOTARY BOND & STAMP REFUND COMPUTER HARDWARE COFFEE OFFICE SUPPLIES Total : PROFESSIONAL MEMBERSHIP Total : Total : Total : STREET LIGHTING /SIGNAL POW STREET LIGHTING & SIGNAL PO Total : Total : Total : Total : Page: 1 Amount 552.00 552.00 67.47 67.47 384.00 384.00 95.00 95.00 95.00 95.00 95.00 95.00 95.00 45,799.79 46,464.79 89.71 89.71 16,700.25 892.46 17,592.71 100.00 100.00 196.00 196.00 71.27 71.27 28.07 vchlist 01/23/2004 9:44:43AM Bank code : apbank Voucher Date Vendor Invoice List Spokane Valley 4134 1/21/2004 000035 000035 CORPORATE EXPRESS (Continued) 4135 1/20/2004 000136 DEPARTMENT OF INFO SERVICES, : 2003120232 4136 1/20/2004 000014 EDEN SYSTEMS, INC. 4137 1/21/2004 000014 EDEN SYSTEMS, INC. 4138 1/20/2004 000028 FARMERS & MERCHANTS BANK 1217 -12/03 1225 -12/03 1332 -12/03 5045 -12/03 5078 -12/03 5151 -12/03 4139 4140 4141 4142 4143 4144 1/21/2004 000179 GOVERNMENT FINANCE OFF ASSOC GFOA 1/21/2004 000401 INLAND NW CHAPTER OF ICC 1/20/2004 000388 IRVIN WATER DIST. #16 1/21/2004 000117 JOURNAL NEWS PUBLISHING 1/20/2004 000033 MCPC 1/21/2004 000069 MERCIER, DAVID 18723 ICC Dec03 63125 4482065 PO # 30155 Description /Account SOFTWARE SUPPORT CREDIT CARD PAYMENT CREDIT CARD PAYMENT CREDIT CARD PAYMENT CREDIT CARD PAYMENT CREDIT CARD PAYMENT CREDIT CARD PAYMENT WATER UTILITY CHARGES ADVERTISEMENT OFFICE SUPPLIES 03/04 EXPENSE REIMBURSEMENT NLC EXPENSE REIMBURSEMENT Total : 30166 MICROSOFT SOFTWARE W /MEC Total : 19093 SOFTWARE TRAINING 19094 SOFTWARE CONSULTING Total : Total : Total : PROFESSIONAL MEMBERSHIP Total : PROFESSIONAL MEMBERSHIPS Total : Total : Total : Total : rage: 2 Amount 28.07 1,424.36 1,424.36 2,925.09 900.00 3,825.09 36,305.50 36,305.50 312.68 860.68 1,451.39 371.16 1,083.81 9.86 4,089.58 550.00 550.00 80.00 80.00 93.97 93.97 22.45 22.45 318.91 318.91 1,300.00 650.00 Page: 2 vchlist 01/23/2004 9:44:43AM Bank code : apbank Voucher 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 Date Vendor Invoice 1/21/2004 000069 000069 MERCIER. DAVID (Continued) 1/20/2004 000132 MODERN ELECTRIC WATER COMPA Dec2003 1/20/2004 000077 1/20/2004 000403 1/21/2004 000354 1/20/2004 000043 1/21/2004 000036 1/20/2004 000307 1/21/2004 000092 1/20/2004 000003 1/21/2004 000067 1/20/2004 000172 MORRISON, DON MUELLER EXCAVATING NAPM - SPOKANE NEXTEL COMMUNICATIONS OFFICE DEPOT 121103 PW03 -529 napm Dec03 230000445 OFFICE OF THE STATE TREASURER dec03 PLANNING ASSOCIATION, OF WASH paw PAW -MH ROYAL BUSINESS SYSTEMS SIGNS NOW SPOKANE COUNTY ENGINEER 14 181493 116 11666 15 4156 1/20/2004 000090 SPOKANE COUNTY INFORMATION, : 31695 Voucher List Spokane Valley PO # 40008 Description /Account Total : STREET LIGHTING POWER/WAT Total : PROFESSIONAL SERVICES Total : PERMIT REFUND PROFESSIONAL MEMBERSHIP Total : CELL PHONE PLAN CHARGES Total : Total : Total : OFFICE SUPPLIES STATE REMITTANCES INSTITUTIONAL MEMBERSHIP PROFESSIONAL MEMBERSHIP Total : COPY CHARGES SIGNS Total : Total : Total : COUNTY ENGINEERING SERVIC ROAD MAINTENANCE SERVICE Total : GIS SERVICES Page: 3 Amount 1,950.00 7,135.01 7,135.01 2,360.00 2,360.00 82.00 82.00 150.00 150.00 469.91 469.91 144.52 144.52 52,431.40 52,431.40 80.00 35.00 115.00 221.67 221.67 155.02 155.02 83,622.42 187,386.46 271,008.88 5,011.69 Page: 3 vchlist 01/23/2004 9:44:43AM Bank code : apbank Voucher 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166 4167 Date Vendor 1/20/2004 000090 SPOKANE COUNTY INFORMATION, ; (Continued) 31702 1/20/2004 000308 SPOKANE COUNTY PROSECUTING, crimevic 1/20/2004 000001 SPOKANE COUNTY TREASURER Dec2003 1/20/2004 000323 SPOKANE COUNTY UTILITIES Dec03 hillview 1/21/2004 000273 SPOKANE REGIONAL, TRANSPORTF srtc04 1/21/2004 000011 SPOKANE VALLEY CHAMBER, OF C( 102151 GMc 1/21/2004 000405 SPOKANE VALLEY COMMUNITY, CEI SVCC 1/20/2004 000398 TAN MOORE ARCHITECTS 1/20/2004 000093 THE SPOKESMAN - REVIEW 1/21/2004 000025 UNISOURCE CORPORATION 1/20/2004 000167 1/21/2004 000098 VERA WATER & POWER WA CITIES INSURANCE AUTHORITY Invoice Two 123103 21108060 VotLr List Spokane Valley PO # 40004 40004 Description /Account PROFESSIONAL SERVICES Total : CRIME VICTIMS COMPENSATIOI Total : JAIL CONTRACT SEWER UTILITY CHARGES SEWER UTILITY MAINTENANCE Total : MUNICIPAL MEMBERSHIP MEMBERSHI P REGISTRATION TOURISM PROMOTION PAPER Total : Total : Total : Total : PROFESSIONAL SERVICES Total : CLASSIFED ADVERTISEMENTS Total : Total : Dec03 STREET LIGHTING & SIGNAL PO Total : 0490 MUNICIPAL INSURANCE PREMIL rage: 4 Amount 459.39 5,471.08 765.55 765.55 19, 386.62 19,386.62 586.99 423,729.60 424,316.59 34,300.00 34,300.00 250.00 150.00 400.00 4,000.00 4,000.00 2,939.29 2,939.29 744.22 744.22 474.91 474.91 355.13 355.13 110,988.00 Page: 4 vchlist 01/23/2004 9:44:43AM Bank code : apbank Voucher Date Vendor Invoice 4167 1/21/2004 000098 000098 WA CITIES INSURANCE AUTHOF (Continued) 4168 1/21/2004 000402 WA STATE BAR ASSOCIATION statebar04 4169 1/20/2004 000361 WA STATE DOT 40113079 40113080 4170 1/21/2004 000100 WABO wabo 4171 1/21/2004 000047 WASHINGTON CITY /COUNTY, MANA 2004 4172 1/20/2004 000409 WASHINGTON STATE DEPARTMEN1 10/11/12/03 4173 1/21/2004 000347 WORLEY, STEVE asce 4174 1/20/2004 000406 SPOKANE REGIONAL CVB SRCVB 4175 1/20/2004 000407 SPOKANE VALLEY JUNIOR, SOCCEF SCJSA 4176 1/20/2004 000404 SPOKANE VALLEY LEGACY, FOUND, SVLF 52 Vouchers for bank code : apbank 52 Vouchers in this report Voucher List Spokane Valley PO # DescriptionlAccount Total : PROFESSIONAL MEMBERSHIP Total : STREET LIGHTING & SIGNAL MA STATE ROADWAY MAINTENANC Total : PROFESSIONAL MEMBERSHIPS Total : • PROFESSIONAL MEMBERSHIP Total : LEASEHOLD EXCISE TAX RETUF Total : EXPENSE REIMBURSEMENT Total : Total : Total : Total : TOURISM PROMOTION TOURISM PROMOTION TOURISM PROMOTION Bank total : Total vouchers : Page: 5 Amount 110,988.00 388.00 388.00 3,877.82 4,138.52 8,016.34 150.00 150.00 137.00 137.00 4,804.86 4,804.86 205.00 205.00 26,108.79 26,108.79 5,422.36 5,422.36 1,000.00 1,000.00 1,098,853.03 1,098,853.03 Page: 5 vchlist ` Vot.:...-r List Page: 6 01/23/2004 9:44:43AM Spokane Valley Bank code : apbank 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 to said claim. Finance Director Date MAYOR Voucher Date Vendor Invoice PO # Description /Account Amount APPROVED: COUNCILMEIBER Page: 6 vchlist • 01/30/2004 3:32:12PM Bank code : apbank Voucher 4178 4179 4180 4181 4182 4183 4184 4185 4186 Date Vendor 1/30/2004 000335 ALTON'S TIRE 1/30/2004 000037 1/30/2004 000135 1/30/2004 000120 1/30/2004 000144 1/30/2004 000109 1/30/2004 000227 1/30/2004 000418 1/30/2004 000035 AMERICAN LINEN Invoice 06 -78991 06 -79000 324025 AMERICAN PLANNING ASSOCIATIO 0- 989746 0- 990165 AWC EMPLOYEE BENEFITS TRUST AWC CITY OF LIBERTY LAKE COFFEE SYSTEMS INC CONKLIN, PEGGY CORNELL, KAREN CORPORATE EXPRESS 012904 18143 012004 11404 48720174 Voucher List Spokane Valley 48894983 48930094 48972716 49095329 4187 1/30/2004 000414 DAUGHERTY, ROB REZ- 23- 03NAR -04 -03 PO # 40005 40005 40009 40006 40013 40009 Description/Account STUDDED SNOW TIRES STUDDED SNOW TIRES FLOOR MAT SERVICE BOOKS BOOKS BENEFITS PAYMENT DOCUMENT COPY CHARGE Total : COFFEE EXPENSE REIMBURSEMENT Total : EXPENSE REIMBURSEMENT Total : OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES PERMIT REFUND Total : Total : Total : Total : Total : Total : Total : Page: 1 Page: 1 Amount 149.16 172.28 321.44 68.03 68.03 386.74 28.05 414.79 1,750.88 1,750.88 176.25 176.25 147.98 147.98 21.58 21.58 9.85 9.85 451.40 184.48 1.91 468.64 175.49 1,281.92 2,550.00 2,550.00 vchlist 01/30/2004 3:32:12PM Bank code: apbank Voucher 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4198 4199 Date Vendor 1/30/2004 000060 1/30/2004 000165 1/30/2004 000059 1/30/2004 000288 DENENNY, RICHARD DEPART OF RETIREMENT SYS DEVLEMING, MICHAEL 1/30/2004 000321 ECONOMIC DEVELOPMENT COUNCI 678 1/30/2004 000353 Invoice DD12103 Pers3 11/12 -03 MD12/03 1/30/2004 000072 FLANIGAN, MIKE MF12 /03 1/30/2004 000171 GEIGER CORRECTIONS CENTER Dec03 Nov03 1130/2004 000412 GREAT NORTHERN PLUMBING 6475 1/30/2004 000421 HOHMAN, JOHN 012804 1/30/2004 000220 ICMA 21152 1/30/2004 000222 ICMA RETIREMENT CORP. 21158 INTERNATIONAL CODE COUNCIL TSrenewal INTERNATIONAL TRADE, ALLIANCE 1st qtr '04 Voce r List Spokane Valley PO # Description /Account MONTHLY CELL PHONE ALLOW Total : PERS BENEFIT PAYMENT Total : MILEAGE MONTHLY CELL PHONE ALLOW Total : TOURISM PROMOTION MONTHLY CELL PHONE ALLOW Total : GEIGER CONTRACT GEIGER CORRECTION CENTER Total : INSTALL ICEMAKER RETIREMENT PLAN FEE RETIREMENT PLAN FEE Total : Total : EXPENSE REIMBURSEMENT Total : Total : Total : PROFESSIONAL CERTIFICATI Total : AGENCY AWARD PAYMENT Total : rage: 2 Amount 35.00 35.00 230.88 230.88 62.50 35.00 97.50 13, 750.00 13,750.00 35.00 35.00 6,717.75 3,471.00 10,188.75 83.23 83.23 25.50 25.50 250.00 250.00 125.00 125.00 100.00 100.00 3,500.00 3,500.00 Page: 2 vchlist 01/30/2004 3:32:12PM Bank code : apbank Voucher List Page: 3 Spokane Valley Voucher Date Vendor Invoice PO # Description /Account Amount 4200 1/30/2004 000012 JOURNAL OF BUSINESS INV001902508 DISPLAY AD 210.00 INV001902525 ADVERTISEMENT 210.00 Total : 420.00 4201 1/30/2004 000275 KERSTEN, NEIL 012304 EXPENSE REIMBURSEMENT 66.97 Total : 66.97 4202 1/30/2004 000071 LARSON, SUE 011504 EXPENSE REIMBURSEMENT 12.36 012604 EXPENSE REIMBURSEMENT 75.66 Total : 88.02 4203 1/30/2004 000416 MARLOW, JEFF SP -08 -03 PERMIT REFUND 163.00 Total : 163.00 4204 1/30/2004 000033 MCPC 4484360 40002 OFFICE SUPPLIES 67.03 4487199 40007 OFFICE SUPPLIES 606.53 4487993 40010 OFFICE SUPPLIES 89.90 4488663 40014 OFFICE SUPPLIES 96.56 Total : 860.02 4205 1/30/2004 000062 MUNSON, RICHARD RM12/03 MONTHLY CELL PHONE ALLOW 35.00 Total : 35.00 4206 1/30/2004 000239 NORTHWEST BUSINESS STAMP 46883 OFFICE SUPPLIES 65.72 46930 CUSTOM STAMPS 219.93 47142 NOTARY STAMP 49.13 Total : 334.78 4207 1/30/2004 000193 NORTHWEST CHRISTIAN SCHOOLS Feb2004 CITY HALL RENT; FEB 2004 20,746.93 Total : 20,746.93 4208 1/30/2004 000243 NORTHWEST SIGN SUPPLY 678884 40023 PLOTTER PAPER 115.80 Total : 115.80 4209 1/30/2004 000036 OFFICE DEPOT 229718447 40011 OFFICE SUPPLIES 113.47 40003 232139890 40018 OFFICE SUPPLIES 146.21 Page: 3 vchlist 01/30/2004 3:32:12PM Bank code: apbank Voucher Date Vendor Invoice 4209 1/30/2004 000036 OFFICE DEPOT (Continued) 5106 8257 Vou ner List Spokane Valley PO # Description /Account Amount OFFICE SUPPLIES OFFICE SUPPLIES Total : 4 32.12 7.78 391.23 4210 1/30/2004 000016 PETROCARD SYSTEMS C402482 VEHICLE FUEL 131.34 Total : 131.34 4211 1/30/2004 000149 PIP PRINTING OF SPOKANE 1330025691 REPORT COVERS 169.74 Total : 169.74 4212 1/30/2004 000322 QWEST Jan03 TELEPHONE CHARGES 79.35 Total : 79.35 4213 1/30/2004 000024 RESOURCE COMPUTING INC. 36200 IT SUPPORT LABOR 1,891.75 Total : 1,891.75 4214 1/30/2004 000341 RICOH CORPORATION 4024169992 COPY EQUIPMENT LEASE 656.17 Total : 656.17 4215 1/30/2004 000415 ROSAUERS U -CITY 554315 MEETING PROVISIONS 11.53 Total : 11.53 4216 1/30/2004 000202 SCAPCA 2396 SCAPCA ASSESSMENT FEE 28,736.50 Total : 28,736.50 4217 1/30/2004 000064 SCHIMMELS, GARY GS12/03 MONTHLY CELL PHONE ALLOW 35.00 Total : 35.00 4218 1/30/2004 000297 SCHOLTENS, TOM 012804 EXPENSE REIMBURSEMENT 16.00 Total : 16.00 4219 1/30/2004 000324 SCWD #3 Jan04 WATER UTILITY CHARGES 25.52 Total : 25.52 4220 1/30/2004 000001 SPOKANE COUNTY TREASURER 011404 2004 ULID 2,570.24 01142004 2004 ULID 889.29 JANO4 SHERIFF LAW ENFORCEMENT C 980,564.33 Page: 4 vchlist 01/30/2004 3:32:12PM Bank code : apbank Voucher Date Vendor 4220 1/30/2004 000001 SPOKANE COUNTY TREASURER 4221 1/30/2004 000323 4222 1/30/2004 000406 4223 1/30/2004 000420 4224 1/30/2004 000011 4225 1/30/2004 000196 4226 1/30/2004 000311 4227 1/30/2004 000081 4228 4229 4230 4231 SPOKANE COUNTY UTILITIES 2 SPOKANE REGIONAL CVB SPOKANE REGIONAL HEALTH DIST 56 -1368 SPOKANE VALLEY CHAMBER, OF C 010704 SPOKANE - KOOTENAI RERC SPRINT PCS 1/30/2004 000211 STATE TREASURER 1/30/2004 000419 SUMMIT LAW GROUP 1/30/2004 000063 TAYLOR, STEVE 1/30/2004 000177 U.S. POSTAL SERVICE Invoice (Continued) Oct -Dec03 final 2003 Feb04 Dec -Jan STATE OF WA, DEPART OF REVENU Dec03 23201 PROFESSIONAL LICENSE RENE Total : 20087 ST12/03 Voucher List Spokane Valley 012904 Jan postage PO # Description /Account PROSECUTION SERVICES SEWER MAINTENANCE TOURISM PROMOTION SITE PLAN REVIEW DIRECTORY ADVERTISEMENT Total : REGISTRATION CELL PHONE PLAN CHARGES Total : EXCISE TAX RETURN LEGAL FEES Total : Total : Total : Total : Total : Total : Total : MONTHLY CELL PHONE ALLOW Total : NEWSLETTER POSTAGE POSTAGE Total : Page: 5 Amount 2,992.88 987,016.74 105,884.24 105,884.24 67,531.21 67,531.21 180.00 180.00 480.00 480.00 120.00 120.00 54.92 54.92 230.57 230.57 116.00 116.00 1,006.50 1,006.50 35.00 35.00 160.06 500.00 660.06 Page: 5 vchlist 0113012004 3:32:12PM Bank code: apbank Voucher Date Vendor 4232 1/30/2004 000038 4233 1/30/2004 000413 4234 1/30/2004 000417 4235 4236 4237 1/30/2004 000255 WFOA 1/30/2004 000061 WILHITE, DIANA 1/30/2004 000004 ZEPUBLIC 60 Vouchers for bank code : 60 Vouchers in this report apbank 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 to said claim. Finance Director Date Invoice 011204 DW 12/03 Jan2004 Vol r'r List Spokane Valley WASTE MANAGEMENT OF SPOKAN 1022932 -2681 WEST COAST CASH REGISTER 1345 WESTERN DANCE ASSOCIATION 012004 PO # Description /Account TRASH COLLECTION SERVICE Total : CASH DRAWER INSTALLATION Total : UTILITIES REIMBURSEMENT Total : PROFESSIONAL MEMBERSHIP Total : MONTHLY CELL PHONE ALLOW Total : WEBSITE HOSTING & MAINTENF Total : Bank total : Total vouchers : rage: 6 Amount 383.82 383.82 94.05 94.05 251.96 251.96 50.00 50.00 35.00 35.00 262.50 262.50 1,254,530.80 1,254,530.80 Page: 6 vchlist 02/0312004 4:52:09PM Bank code : apbank Voucher List Page: 1 Spokane Valley Voucher Date Vendor Invoice PO # Description/Account Amount 4261 2/312004 000001 SPOKANE COUNTY TREASURER Jan04 COUNTY CONTRACT SERVICES 153,082.92 Total : 153,082.92 1 Vouchers for bank code : apbank Bank total : 153,082.92 1 Vouchers in this report Total vouchers : 153,082.92 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 to said claim. Finance Director Date APPROVED: MAYOR COUNCIL.MRMBER Page: 1 CITY OF SPOKANE VALLEY 0 Request for Council Action Meeting Date: 2- 10 - -04 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending January 31, 2004 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Payroll for period ending 01 -31 -04 Salary: $ 95,375.51 Benefits: $ 45,913.77 $141,289.28 STAFF CONTACT: Daniel Cenis ATTACHMENTS CITY SPOKANE VALLEY Request for Council Action Meeting Date: February 10, 2004 Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM: Consideration of an ordinance establishing Article V — Special Zones of the Spokane Valley Uniform Development Code and providing for flood damage prevention in accordance with the National Flood Insurance Program (NFIP), designating a Floodplain Administrator, repealing ordinances in conflict, establishing penalties for non - compliance, providing for severability and effective date GOVERNING LEGISLATION: Revised Code of Washington (RCW) 86.12.210 PREVIOUS COUNCIL /COMMISSION ACTION: City Council received an Administrative Report on participation in the NFIP and the proposed ordinance on November 12, 2003. Planning Commission opened a Public Hearing on December 4, 2003, and continued the hearing until January 8, 2004. On January 22, 2004 The Commission recommended approval. BACKGROUND: The National Flood Insurance Program (NFIP) provides flood insurance for properties located within the 100 -year floodplain designated by the Federal Emergency Management Agency. Spokane County participates in NFIP pursuant to RCW 86.12.200 and has developed a comprehensive flood control management plan exceeding the minimum requirements for participation in the national flood insurance program adopted by the Department of Ecology pursuant to RCW 86.16.031, as well as rules adopted by the Department of Ecology (RCW 86.26.050) relating to flood plain management activities. Approximately 80 residential structures and four non - residential structures are located within flood hazard areas identified in Spokane Valley. Existing flood insurance policies will be continued under the umbrella of Spokane County NFIP participation during the one -year period prior to the City's acceptance into the program. The proposed ordinance meets the requirements for official action required for participation in NFIP. The standards for both residential and non - residential construction are a minimum of one foot above base flood elevation (BFE)as has been required by Spokane County. The minimum elevation for manufactured housing, however require that the bottom of the crawl space be elevated one foot or more above BFE. The proposed ordinance also provides that an engineering study be conducted in certain areas to demonstrate no impact to the ability of the floodplain to infiltrate, store and release floodwaters. These areas include Chester Creek: downstream of Mohawk Road, Saltese Creek: all areas of ponding and infiltration; Forker: south of the intersection of Forker Road and Progress Road; Central Park: west of Park Road; and Glenrose: west of Carnahan Road and south of 8 Ave. Subsequent to the hearing and after the decision of the Planning Commission, a letter was received from Jim Dingfield, P.E., on behalf of the American Council of Engineering Companies, Washington Liaison (attached). His recommendations included 1) changing the language requiring certification to "stamped ", 2) clarification of the minimum requirements for critical facilities already addressed by the Commission, and 3) a suggestion that utilities have a freeboard requirement (e.g. one foot above BFE). The recommendation of requiring freeboard for utilities will be incorporated into the provisions of the Spokane Valley Building Code.' Staff engineers recommend no change in the language requiring certification by the design engineer that projects meet design requirements relative to adverse impacts of projects within the floodway and structural flood - proofing. RECOMMENDED ACTION OR MOTION: Approve the ordinance. BUDGET/FINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Marina Sukup, AICP — Community Development Director ATTACHMENTS: Proposed Ordinance, as recommended by Planning Commission Jim Dingfield, P.E., American Council of Engineering Companies, Washington Liaison 2 CH2MH ILL January 22, 2004 City of Spokane Valley Planning Commission 11707 E. Sprague Ave. Spokane Valley, WA 99206 Subject: Proposed Flood Hazard Ordinance CH2M MILL 9 South Washington Street Suite 400 Spokane, WA 99201 -3709 Tel 509.747.2000 Fax 509.623.1622 Dear : Planning Commission Members I serve as chair of the American Council of Engineering Companies of Washington (ACEC Washington) Spokane Area Liaison Committee. This committee is comprised of a number of consulting engineering firms with offices in the greater Spokane area providing technical expertise in civil, electrical, environmental, geotechnical, structural, transportation, and a variety of other disciplines. The purpose of this letter is to provide comments, on behalf of our membership, regarding the City of Spokane Valley's draft flood hazard ordinance. In general, we consider this to be a good ordinance. It appears to exceed the National Flood Insurance Program (NFIP) requirements stipulated in Section 60.3 of 44 CFR, and thus would be creditable under the NFIP's Community Rating System (CRS) program. We understand 1\NFIP policyholders in CRS participating communities can receive policy premium discounts ranging from 5 percent to 45 percent. However, we do have specific concerns with some provisions of the draft ordinance as described below. We are concerned about language throughout the draft ordinance that requires professional engineers to "certify" or provide "certification." Generally, any time an engineer provides a certification it implies a warranty or guarantee. Most professional liability insurance policies do not provide insurance protection when an engineer provides a warranty or guarantee. We doubt that it is the intent of the City of Spokane Valley to cause engineering professionals to practice outside of the protection of normal professional liability insurance coverage. In many cases changing the term "certified by a professional engineer" to "stamped by a professional engineer" will adequately address this concern. When an engineer "stamps" his or her work it indicates that the work he or she did to arrive at conclusions and recommendations, or on which a design was based, was completed in accordance with the standard of practice in the engineering industry in the region in which the professional work was completed. To provide a "guarantee" for anything more than that, in terms of flood elevation determination and design to mitigate flooding, is not sensible. The science related to evaluating what areas will and will not flood is not exact and there are many variables that influence flood elevations. It is unreasonable to expect that an engineer can provide a guarantee that will be valid over the long term. Planning Commission Page 2 January 22, 2004 Some sections of the draft ordinance may require rewording to state a specific technical requirement and then state that requirement that the work to be prepared and stamped by a professional engineer to address our concern. For example, Section 5.06.11(2) of the draft ordinance states: This could be revised to read: Although the differences between these two versions may be subtle, in our opinion such revisions would satisfy the City's needs and avoid certification language that is unacceptable to the professional engineering community. On another topic, Section 5.06.08.2 (1) is very confusing in the way it reads "...below one foot or more above..." We would suggest addition of the term "Flood Protection Elevation" in the definition section of the ordinance and define that new term as: "one foot above the base flood elevation." Then, in all portions of the ordinance where the elevation criteria is stipulated, they refer to: "elevate or flood -proof to the flood protection elevation ". It just reads a lot easier that way and eliminates any points of possible contention. Also, it is our understanding that FEMA is encouraging communities to protect utilities [(Section 5.06.04(3)] to the freeboard elevation, i.e, one foot above base flood elevation they stipulate for the elevation standard. This eliminates any possible chances of the elevation of these facilities dropping below base flood elevation. This is not required by 44 CFR, but is strongly recommended since it will impact insurance rates. Thank you for the opportunity to provide comments. If you have questions or concerns please contact me at (509) 747 -2000, ext. 241. Sincerely, CH2M HILL "...project design must incorporate flood - proofing certified by a professional civil engineer ... to be capable of withstanding 100 -year flood flows and velocities. " "...project design must incorporate flood - proofing to withstand 100 -year flood flows and velocities, and be prepared [and stamped] by a registered professional engineer." [Note: the "and stamped" is optional because state law (RCW 18.43.070) already requires professional engineers to stamp their work products. 1 ✓ Jim l7ingfield, P.E. Chair, ACEC Washington Spokane Area Liaison Committee Cc: Liaison Com nittee Mei7►b u DRAFT ORDINANCE NO. 04 -004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING ARTICLE V SPECIAL ZONES AND PROVIDING FOR FLOOD DAMAGE PREVENTION IN CONFORMANCE WITH THE NATIONAL FLOOD INSURANCE PROGRAM; DESIGNATING A FLOODPLAIN ADiVLNISTRATOR; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON - COMPLIANCE; AND PROVIDING FOR SEVERABI[LITY AIN'T) EFFECTIVE DATE. WHEREAS, the Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, flood hazard areas are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affects the public health, safety, and general welfare; and WHEREAS, the regulation of construction within flood hazard areas assists in maintaining a stable tax base, ensures that potential purchasers of real property have notice of flood hazard conditions, and provides for the availability of flood insurance to the owners of real property; and WHEREAS, management of floodplain hazard areas is authorized pursuant to RCW 86.12.210; NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Article V of the Spokane Valley Development Code is hereby established to read as follows: Section 5.01. Purpose In order to limit flood damages and associated losses, the City provides for the following: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. Ordinance re Flood Insurance Page 1 of 15 DRAFT Section 5.02 Definitions Unless specifically defined below, words. or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "APPEAL" means a request for a review of the interpretation of any provision of this ordinance or a request for a variance. "AREA OF SHALLOW FLOODING" means a designated AO, or AI-1 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. AO is characterized as sheet flow and AI-I indicates ponding. "AREA OF SPECIAL FLOOD HAZARD" means the land in the flood plain 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. "BASE FLOOD" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "1 OO -year flood." Designation on maps always includes the letters A or V. "BASEMENT" means any area of the building ha ving its floor sub -grade (below ground level) on all sides. "BREAKAWAY WALL" means a wall that is not part of the structural support of the building and is intended through its desigm and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "CRITICAL FACILITY" means 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. "DEVELOPMENT" means any man -made 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. "ELEVATED BUILDING" means for insurance purposes; a non - basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" means 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. "EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" means the preparation of additional sites by the construction of facilities for servicing the Tots on which the 11SV•FSIIUs A cbainbridge \chainbridgeOrdinancesNArlicle v Floodplain ordinance for 2.10- 04.doc Page 2 of 15 0 DRAFT manufactured homes Eire to he affixed (including the installation of utilities the construction of streets, and either final site grading or the pouring of concrete pads). "FLOOD" or "FLOODING' means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal wittcrs and /or (2) The unusual and rapid accumulation of runoff of surface waters from any source. "FLOOD INSURANCE RATE MAP (FIRM)" means 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 community. "FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary - Floods +gay Map, and the water surface elevation of the base flood. "FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas that must he reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "LOWEST FLOOR." means the lowest floor of the lowest enclosed area (including basement'). AD 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 not built so as to render the structure in violation of the applicable non- elevation design requirements of this ordinance found at Section 5.06.S.1(2). "MANUFACTURED I-(OME" means a structure, 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 the required utilities_ The term "manufactured Morse" does not include a ` vehicle." "MANUFACTURED HOME PARK OR SUBDIVISION" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "NEW CONSTRUCTION" means structures for which the "start of construction" commenced on or after the effective date of this ordinance. NEW MANUFACTURED HOME PARK OR SU.BDtVISIOiI" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured horses 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. ".RECREATIONAL VEHICLE" means a vehicle which is: (I) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,, travel, or seasonal use. "START OF CONSTRUCTION" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other NSV- F15M4Lisereiehainbrid4e lchainbricIWOrdinanorslAnicll V FIoodplain untinanix fur2- I0- 0411.pc Page3 of 15 DRAFT improvement was within 180 days of the pennit dale. 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 dons it include the insta[Iation 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. "STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, "SUBSTANTIAL DAMAGE" means 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 INIPROVEI EN'T" means 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 Before the improvement or repair is started; or 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 tern 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 !oval code enforcement official and which are the minimum necessary to assure safe living conditions. or ( Any alteration of a structure listed on the National Register of Historic Places or a State inventory of Historic Places " means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. "WATER DEPENDENT" means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Section 5.03 5.03.01 APPLICABILITY This ordinance shall apply to all areas of special flood hazards within the jurisdiction of Spokane Valley, Washington. 5.03.02 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal insurance Administration in a scientific and engineering report entitled ' Flood Insurance Study Spokane County" dated May 17, 1988, and any revisions thereto, v,rith an accompanying Flood Insurance Rate Map (FIRM), and any revisions thereto. VISY -I SllUserskbainbridgetebainbridg OrdilinncesVoLicic Y FIi odplain ordinance for 2- 10- 04-dna page 4 of 15 DRAFT are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at the office of the Spokane Valley Floodplain Administrator. 5.03.03 STOP WORK ORDERS Whenever any work is being done contrary to the provisions of this chapter, the Floodplain Administrator may order the work stopped by notice in writing directed to the owner of record and/or taxpayer and /or to those persons who are engaged in causing or contributing to such violation. Such persons shall forthwith stop or shall cause to be stopped any such work until authorized to proceed. 5.03.04 PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Intentional violations of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions, stop work orders, and safeguards established in connection with conditions), shall constitute a misdemeanor, with each day of continuing violation constituting a separate offense. Any person who intentionally violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Spokane Valley from taking such other lawful action, including seeking civil penalties, as is necessary to prevent or remedy any violation. SECTION 5.03.05 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 5.03.06 INTERPRETATION in the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under State statutes. 5.03.07 WARNING AND DISCLAIMER. OF LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Spokane Valley, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. SECTION 5.04. ADMINISTRATION 5.04.01 DEVELOPMENT PERMIT REQUIRED A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 5.03.2. The permit shall be for all structures including manufactured homes, as set forth in the "DEFINITIONS," and for all development including fill and other activities, also as set forth in the "DEFINITIONS." \ SV- FS11Uscrs cbainbridgc \cbainbrideelOrdinnnceslArticic V Floodplain ordinance for 2- 10- 04.doc Page 5 of 15 DRAFT 5.04.02 APPLICATION FOR DEVELOPMENT PERMIT Application for a development permit shall be made on forms furnished by the City and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: (I) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been flood - proofed; (3) Certification by a registered professional engineer or architect that the flood - proofing methods for any nonresidential structure meet the flood - proofing criteria in Section 5.06.8.2; and (4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 5.04.03 DESIGNATION OF THE LOCAL ADMINISTRATOR The Community Development Director is hereby designated as Floodplain Administrator and appointed to administer and implement this ordinance by granting or denying development permit applications in accordance with its provisions. 5.04.04 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Floodplain Administrator shall include, but not be limited to: 5.04.04.1 PERMIT REVIEW (I) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.06.10 are met. 5.04.04.2 USE OF OTHER BASE FLOOD DATA (In A and V Zones) When base flood elevation data has not been provided (A and V Zones) in accordance with Section 5.03.02, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer Sections 5.06.8, SPECIFIC STANDARDS, and 5.06.10 FLOODWAYS. 5.04.04.3 INFORMATION TO 13E OBTAINED AND MAINTAINED (1) Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in Section 5.04.4.2, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new or substantially improved flood- proofed structures where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as required in Section 5.04.4.2: (i) Obtain and record the elevation (in relation to mean sea level) to which the structure was flood - proofed and (ii) Maintain the flood- proofing certifications required in Section 5.04.2(3). ILSV- FSRUserslcbainbridge ebainbridge\Ordinanors\Artiele V Floodplain ordinance for 2- 10-04.doc Page 6 of 15 DRAFT (iii) Maintain for public inspection all records pertaining to the provisions of this ordinance. 5.04.04.4 ALTERATION OF WATERCOURSES (1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 5.04.04.5 INTERPRETATION OF FIRM BOUNDARIES Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the interpretation of the Floodplain Administrator in relation to the boundary shall be given a reasonable opportunity to appeal pursuant to the procedures outlined in Section 5.05. 5.05 VARIANCE PROCEDURE 5.05.01 (1) The duly appointed Hearing Examiner shall hear and decide requests for variances from the requirements of this section pursuant to the procedural requirements of Section 2.02 of this Code, as adopted or hereafter amended, following notice of not less than fifteen (15) days and public hearing. In passing upon such applications, the Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: (i) The danger that materials may be swept onto other lands to the injury of others; (ii) The danger to life and property due to flooding or erosion damage; (iii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) The importance of the services provided by the proposed facility to the community; (v) The necessity to the facility of a waterfront: location, where applicable; (vi) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) The compatibility of the proposed use with existing and anticipated development; (viii) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (ix) The safety of access to the property in times of flood for ordinary and emergency vehicles; (x) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, \ LSV- FSI1 Userslcbainbridgelcbainbridge \Ordinances'Article V Floodplain ordinance for 2- 10-04.dnc Page 7 of 15 DRAFT (xi) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (2) Upon consideration of the factors and the purposes of this ordinance, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (3) The City shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (4) The decision of the Hearing Examiner on any appeal shall be final and conclusive, subject to an appeal filed timely pursuant to Chapter 36.7OC RC\V. 5.05.2 Conditions for Variances (1) Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i -xi) in Section 5.05.1 have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section. (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon: (i) A showing of good and sufficient cause, pursuant to Section 5.05(1) of this chapter; (ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. (7) Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood- proofing than watertight or dry- flood - proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except 5.05.2(1), and otherwise.complies with Sections 5.06.2, 5.06.4, and 5.06.5 of the GENERAL STANDARDS. MV- FS11 Usersk; boinbridgelcbainbridge \Ordinanoes\Articic V Floodplain ordinance for 2- 10- 04.doc Page 8 of 15 0 DRAFT (8) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 5.05.03 APPEALS The duly appointed Hearing Examiner shall hear and decide appeals pursuant to Section 2.02 of this code, as adopted or as hereafter amended. following notice of not less than fifteen (15) days and public hearing. The Hearing Examiner shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. The decision of the Hearing Examiner on any appeal shall be final and conclusive, subject to an appeal filed timely pursuant to Chapter 36.70C RCW. SECTiON 5.06. PROVISIONS FOR FLOOD HAZARD REDUCTION 5.06.01 GENERAL STANDARDS In all areas of special flood hazards, the following standards are required: 5.06.02 ANCHORING (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors (Reference FEMA's "Manufactured Home installation in Flood Hazard Areas" guidebook for additional techniques). 5.06.03 All ZONE DRAINAGE Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures. 5.06.04 CONSTRUCTION MATE.RiAL,S AND METHODS (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (3) Electrical, heating, ventilation, plumbing, and air- conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5.06.05 UTILITIES (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; (2) The proposed water well shall be located on high ground that is not in the floodway (WAC 173- 160 -171); \\SV -FS I1Uscrs\ cbainbridgelcbainbridge10rdinmtces \Article V Floodplain ordinance for 2- 1O- 04.doc Page 9 of 15 DRAFT (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; and, (4) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.06.06 SUBDIVISION AND OTHER PROPOSED DEVELOPMENTS (1) All development proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated by a civil engineer licensed in the state of Washington for subdivision proposals and other proposed developments. 5.06.07 REVIEW OF BUILDING PERMITS Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source (Section 5.04.4.2), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is the Floodplain Administrator's judgment and includes, but is not limited to use of historical data, high water marks, photographs of past flooding, etc., where available. The Floodplain Administrator may require the applicant to locate the lowest floor at least two feet above the highest adjacent natural ground surface. Failure to elevate at least two feet above the highest adjacent natural ground surface in these zones may result in higher insurance rates. 5.06.08 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH, and AE) as set forth in Section 5.03.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, or Section 5.04.4.2, Use of Other Base Flood Data, the following provisions are required: 5.06.08.1 RESIDENTIAL CONSTRUCTION (1) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. See Section 5.06.4 for additional requirements. (2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a professional engineer or architect licensed in the state of Washington or must meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net arca of not Tess than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 11SV- FS11Userslcbainbridgelobninbridge %OrdinunceslArticle V Floodplain ordinance fur 2- 10.04.doc Page 10 of 15 DRAFT 5.06.08.2 NON RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) Be flood - proofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic Toads and effects of buoyancy; (3) Be certified by a professional engineer or architect licensed in the state of Washington that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and /or review of the structural design, specifications and plans. (4) Nonresidential structures that are elevated, not flood - proofed, must meet the same standards for space below the lowest floor. (5) Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood - proofed level (e.g. a building flood- proofed to the base flood level will be rated as one foot below). 5.06.08.3 MANUFACTURED HOMES (1) All manufactured homes to be placed on substantially improved sites (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the bottom of the crawl space of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement. See also Section 5.06.4 for additional requirements. (2) Manufactured homes to be placed on substantially improved sites in an existing manufactured home park or subdivision that are not subject to the. above manufactured home provisions shall be elevated so that either: (i) The bottom of the crawl space of the manufactured home is elevated one foot or more above the base flood elevation, or (ii)The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately designed foundation system to resist flotation, collapse., and lateral movement. 5.06.08.4 RECREATIONAL VEHICLES Recreational vehicles placed on sites are required to either: (i) Be on the site for fewer than 180 consecutive days, (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or 11.SV- FSI\ Usersltbainbridoekboinbridecl0rdinancrslArticle V Floodploin ordinance for 2- 10- 04.doc Page 11 of 15 DRAFT (iii) Meet the requirements of 5.06.8.3 above and the elevation and anchoring requirements for manufactured homes. 5.06.09 BEFORE REGULATORY FLOODWAY (1) In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al -30 and AE on the community's FiRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (2) in the unnumbered A and B zones, the development may not increase the water surface elevation of the base flood by more than one (1) foot at any point. (3) In the A zones where base flood elevations have been provided, but floodways have not been established, the development may not increase the surface water elevation of the base flood by more than one -tenth (1/10' of a foot at any point. (4) In the A zones where base flood elevations have been provided and floodways have been established, the development may not increase the surface water elevation of the base flood at any point. (5) All adjacent or other property owners impacted by the development within the floodplain must give their written, notarized approval for increased base flood elevations upon their property. 5.06.10 FLOODWAYS Located within areas of special flood hazard established in Section 5.03.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. 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 to structures identified as historic places shall not be included in the 50 percent. (3) If Section 5.06.10(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.06. PROVISIONS FOR. FLOOD HAZARD REDUCTION. \1SV -FS 1lUserslcbainbridg etcbainbridgelOrdinanccslArticle V Flaodplain ordinance for 2- 10- 04.doc Page 12 of 15 DRAFT 5.06.1 Water-Dependent Works. For water- dependent utilities and other installations which by their very nature must be in the flood fringe and/or floodway (such uses as, but not limited to, roads, bridges, marinas, dams for domestic /industrial water supply, flood control and /or hydroelectric production; water 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 and nonstructural flood damage reduction facilities, and stream bank stabilization structures and practices), these provisions apply: (1) The applicant shall supply convincing evidence that a flood fringe and /or floodway location is necessary in view of the objectives of the proposal and provided further that the proposal is consistent. with other provisions of this title and relevant local, state and federal regulations. (2) In all instances of locating utilities and other installations in floodway locations, project design must incorporate flood - proofing certified by a professional civil engineer registered as such by the State of Washington to be capable of withstanding 100 -year flood flows and velocities. (3) For any works that impound water, the applicant shall provide documentation of easements, flowage rights or ownership of the impoundment area and certification by a professional civil engineer registered as such by the State of \Washington that the works will cause no increase in the 100 -year flood elevation outside the impoundment areas and that the works and associated impoundment area will not impair the ability of natural drainageways to drain floodwaters adequately during a flooding event. 5.06.12 STANDARDS FOR SHALLOW FLOODING AREAS (AO ZONES) Shallow flooding areas appear on FIRlvls as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: (1) New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above the depth number specified in feet on the community's FIRM (at least three feet above the highest adjacent grade to the structure if no depth number is specified). (2) New construction and substantial improvements of nonresidential structures within AO zones shall either: (i) Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least three feet if no depth number is specified); or (ii) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in subsection (3) of Section 5.06.8.2. (3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. 11SV- FSIWUscrslcbainbridge \cbainbridbc \Ordinances\Artislc V Flondplain ordinance for 2- 10- O4.dnc Page 13 of 15 DRAFT (4) Recreational vehicles placed on sites within AO Zones on the community's FIRM either: (i) Be on the site for fewer than 180 consecutive days, (ii)Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (iii)Meet the requirements of 5.06.11(1) and 5.06.11(3) above and the anchoring requirements for manufactured homes (Section 5.06.2(2)). 5.06.13. SPECIAL REQUIREMENTS — CHESTER CREEK, SAL TESE CREEK, FORKER, AND CENTRAL PARK FLOODPLAINS. In addition to the other requirements of this chapter, the following areas shall not be covered by impervious surfaces or fill unless an engineering study is prepared by a professional civil engineer, registered as such by the state of Washington, that shows no impact to the ability of the floodplain to infiltrate, store and release floodwaters: (1) Chester Creek: downstream of Mohawk Road, (2) Saltese Creek: all areas of ponding and infiltration, (3) Forker: south of the intersection of Forker Road and Progress Road, (4) Central Park: west of Park Road. (5) Glenrose: west of Carnahan Road and south of 8 Ave 5.06.14 CRITICAL FACILITIES Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100 -year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500 - year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood - proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible." Section 2. Appendix "B" of the Spokane Valley Development Code is established to assess fees for Floodplain Development Permits by resolution of City Council. Section 3. Severability. If any provision of this chapter or the application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable. 4LSV -FS I1 11scrstcb3inbridge lcbainbridge'kOrdinances\Artiele V Floodplain ordinance for 2- 10- 04.doc Page 14 of 15 DRAFT Section 4. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. A TTEST : Approved by the City Council this Christine Bainbridge, City Clerk Approved as to form: Cary P. Driskell, Deputy City Attorney Date of publication: Effective date: day of , 2004. Michael DeVleming, Mayor 1 1SV- FSlll) yerskbainbridgekbainbridge1Ordinances1,Article V Flondplain ordinance for 2- 10- 04.doc Page 15 of 15 0 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 3, 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: An ordinance amending Ordinance 35 relating to the election of officers of the Spokane Valley Planning Commission and a motion accepting proposed changes in the Planning Commission Rules of Procedure. GOVERNING LEGISLATION: City of Spokane Valley Ordinance No. 35 PREVIOUS COUNCIL ACTION TAKEN: City Council passed Ordinance establishing the Planning Commission No. 35 on February 25, 2003 and approved the Rules of Procedure on July 8, 2003. BACKGROUND: The Planning Commission reviewed the Rules of Procedures and the provisions of Ordinance No. 35 on December 11, 2003. Planning Commission recommended the following substantive change to Ordinance No. 35: • Officers would be elected an annual basis. They also recommended a similar change in their Rules of Procedure, as well as minor corrections to the text. The change in the day of regular meetings which took place in July 2003 was deleted as obsolete. RECOMMENDED ACTION OR MOTION: Recommend placing this item on February 10, 2004 Council Agenda for first reading BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: Marina Sukup, AICP, Director of Community Development ATTACHMENTS: Proposed Amendment to Ordinance No. 35 Amended Planning Commission Rules of Procedure 0 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04-005 AN ORDINANCE OF TIME CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING ORDINANCE NO. 35 CREATING A PLANNING COMMISSION AND ESTABLISHING THE DUTIES THEREOF. WHEREAS, the City of Spokane Valley is a non - charter code city authorized to create a Planning Commission which will serve in an advisory capacity to the City Council; and WHEREAS, the City will adopt a Comprehensive Plan and Development Regulations to guide the reasonable and orderly development of the City; and WHEREAS, The City Council wishes to respond to the expressed concerns of citizens that immediately after incorporation the City begin a comprehensive planning process and review of development regulations; and WHEREAS, the City of Spokane Valley desires to encourage citizen input into the planning process by establishing a Planning Commission which will study, receive public input and recommend a Comprehensive Plan and Development Regulations to the City Council for review and adoption. NOW, THEREFORE, the City Council of the City of Spokane Valley Spokane County, Washington, does hereby amend Ordinance No. 35 passed on February 25, 2003, to read as follows: Section 1. Establishment and Purpose. There is created the City of Spokane Valley Planning Commission. The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's comprehensive land use plan development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. Section 2. Membership. l . Qualifications: The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City of Spokane Valley. 2. Appointment: Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four (4) members of the City Council. Planning Commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall Ordinance 04 -005 Page 1 of 4 DRAFT attempt to select residents that represent various interests and locations within the City. 3. Number of Members/Terms: The Planning Commission shall consist of seven (7) members. All members shall reside within the City of Spokane Valley. The terms for the initial Commissioners shall be two (2) one (1) year terms, two (2) two (2) year terms and three (3) three (3) year terms. The initial members and their terms shall be decided by the Mayor and confirmed by the City Council. Subsequent terms shall be for a three (3) year period. Terms shall expire on the thirty -first day of December. 4. Removal: Members of the Commission may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three (3) consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the City Council regarding membership on the Planning Commission shall be final and without appeal. 5. Vacancies:. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. 6. Conflicts of Interest: Members of the Planning Commission shall fully comply with RCW 42.23, Code of Ethics for Municipal Officers, RCW 42.36, Appearance of Fairness, and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the Planning Commission. Section 3. Meetings - Rules. 1. The Planning Commission shall every __ year organize and elect from its members a Chair, who shall preside at all meetings of the Commission and perform such other functions as determined by rule. A Vice -Chair shall be elected to preside in the absence of the Chair A majority of the Commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. 2. The Commission shall determine a regular meeting schedule (time, place and frequency) and shall meet, at least, one time every month. All meetings shall be open to the public. 3. The Commission shall adopt such rules and ,$ar�c`ce' as are necessary for the conduct of business and shall keep a taped record of its proceedings. Section 4. Staff Support. Administrative staff support to the Planning Commission shall be provided by the City Planning and Community Development Department. In addition, the Commission, through its Chair may request formal opinions or memorandums form the City Attorney or Planning and Community Development Director on any pending matter. Ordinance 04 -005 Page 2 of 4 DRAFT Section 5. Duties and Responsibilities. The Planning Commission, as an advisory body to the City Council, shall perform and have the following duties and responsibilities: 1. Assist in the preparation of a Comprehensive Plan and Development Regulations in compliance with RCW 36.07A and 35A.63 including the establishment of procedures for early and continuous public participation in the development and amendment of the Comprehensive Plan and the Development Regulations; 2. Review plans and regulations related to land use management, shoreline management, environmental policy, transportation systems, public facilities and capital infrastructure planning and development; 3. Upon request from the City Manager or City Council, review potential annexations to the City; 4. Where design review is required by land use ordinances of the City, perform such design review unless that review is delegated to some other appointed body or City Staff; including park and open space areas in the City; 5. Identify issues and recommend priorities for geographic sub -areas 6. Meet and confer with the Hearing Examiner to review the administration of land use policies and ordinances to enhance the planning and permitting process; 7. Make periodic written and oral reports to the City Council addressing work in progress and other significant matters relating to the City; 8. Hold public hearings in the exercise of duties and responsibilities; 9. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the City Council Unless other wise assumed by the City Council, the Planning Conunission shall hold all public hearings required to be held in the course of adoption or amendment to the Comprehensive Plan, the development regulations, adoption or amendment of the zoning map, or adoption or amendment of regulations for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. 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. Ordinance 04 -005 Page 3 of 4 DRAFT Section 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. 2004. ATTEST: Passed by the City Council of the City of Spokane Valley this day of Christine Bainbridge, City Clerk Approved As To Form: Stanley M. Schwartz, City Attorney Date of Publication: Effective Date: Michael De\'leming, Mayor Ordinance 04 -005 Page 4 of 4 0 Meeting Date: February 10, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent AGENDA ITEM TITLE : 2004 Library Services Agreement between the City of Spokane Valley and the Spokane County Library District (SCLD) GOVERNING LEGISLATION: N/A CITY OF SPOKANE VALLEY Request for Council Action X old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation PREVIOUS COUNCIL ACTION TAKEN: On October 21, November 12, November 25, December 16, 2003, January 13 and January 20, 2004, Council discussed a library service agreement with SCLD. BACKGROUND: On January 20, the SCLD Board accepted City Council's counter -offer. At the same meeting, the Board discussed various options for addressing the gap in their 2004 budget. At its January 20 meeting, Council decided to await the results of the Board's budget gap decision before deciding whether to take final action on the agreement. At a January 28 special meeting, the SCLD Board voted to use its fund balance to address its 2004 budget gap. Therefore, there is no unique impact to Spokane Valley residents. Once an agreement is approved by City Council, the next step is to appoint a Council and citizen participant for the library capital facilities plan advisory committee. OPTIONS: Accept the 2004 draft agreement for library services, or propose additional changes. RECOMMENDED ACTION OR MOTION: Move to approve the 2004 Library Services Agreement between the City of Spokane Valley and the Spokane County Library District (SCLD). BUDGET /FINANCIAL IMPACTS: Council's counter -offer, approved by the SCLD Board, comes to $2,020,296, with the potential additional expense for reimbursement of Capital Facilities Plan (CFP) costs, capped at $10,000. Expenditures for the CFP would be approved in advance by the City. This agreement falls within the City's 2004 budgeted amount. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. Draft Interlocal Agreement -- DRAFT INTERLOCAL AGREEMENT BETWEEN THE SPOKANE COUNTY LIBRARY DISTRICT AND THE CITY OF SPOKANE VALLEY RELATING TO THE PROVISION OF LIBRARY SERVICES This Interlocal Agreement (the "Agreement ") is entered into this day of 2004, by and between the Spokane County Library District (the "District ") and the City of Spokane Valley, a Non Charter Code City of the State of Washington (the "City ") jointly referred to as "parties ". WHEREAS, the City incorporated effective March 31, 2003; and WHEREAS, the District provided library services to the residents of the City prior to its incorporation; and WHEREAS, the District has the authority and agrees, pursuant to RCW 27.12.180, to enter into a contract with the City to continue to provide library services to residents of the City for the year 2004; and. WHEREAS, the District has previously entered into similar contracts with other cities and towns in Spokane County; and WHEREAS, the City has the authority and desire to contract for and to allocate funds in its general fund budget for the provision of library services to be provided by the District to the residents of the City during 2004; and WHEREAS, the District agrees to continue to provide library services to the residents of the City from January 1, 2004 through December 31, 2004 under the terms set forth in the Agreement; and WHEREAS, the District desires to continue providing library services to the residents of the City after the term of this contract, and to partner with the City in developing library services and facility plans that meet Spokane Valley residents' needs. NOW THEREFORE, the parties agree as follows: 1. District Commitment to Provide Library Services to the City. From January 1, 2004 through December 31, 2004, the District shall: a. provide the public library services ( "Library Services ") to residents of the City at the sane service level and upon the same terms and conditions as are now being provided to all other residents within the District. Page 1 of 7 J r . 2. City's Obligation to Pay District for Provision of Library Services. a. The City agrees to pay to the District the sum of $2,020,296 for Library Services in 2004. The City and District agree that this amount was determined by the District in accordance with the methodology set forth in Exhibit "A" and that this payment amount applies only to 2004 and understand that the method by which payments applying to any future agreements are determined may be different. b. The City shall pay the sum described in 2.a., above, to the District in two equal payments: the first payment of $1,010,145 shall be made by the City to the District by no later than May 31 of 2004; the second payment of $1,010,148 shall be made by the City to the District by no later than November 30 of 2004. 3. Cost Accounting. The District shall provide to the City by no later than March 31, 2005, its annual accounting of expenditures for Library Services provided by the District to the residents of the City during its 2004 fiscal year. This accounting shall be based on a mutually agreeable cost allocation method. The expenditures shall include but not be limited to personnel, supplies, services, equipment, library materials, and support services involved in the provision of Library Services by the District to the residents of the City. 4. City's Commitment to Make Future Library Services Decision. The City agrees to make a decision regarding the provision of future Library Services to the residents of the City and to notify the District of that decision. a. If this decision is to continue contracting with the District for Library Service, both parties agree to make a good faith effort to negotiate and execute a new interlocal agreement no later than August 31, 2004. b. If this decision is to propose that voters decide on annexation to the District and the decision is made later than the date necessary for the annexation to be effective in 2005, both parties agree to make a good faith effort to negotiate and execute a one -year interlocal agreement for 2005 no later than August 31, 2004. 5. Library Capital Facilities Planning. The City and District agree to work jointly to develop a Spokane Valley Library Capital Facilities Plan for approval by the City Council and the District Board of Trustees. The Library Capital Facilities Plan is to be completed by June 30, 2004. The development process and responsibilities are described in Exhibit "B." If the City decides to neither continue contracting with the District beyond 2004 nor propose annexation to the District, it will reimburse the District for consultant and other expenses incurred in development of the Library Capital Facilities plan, as described in Paragraph 1.d. of Exhibit "B," to a maximum amount of $10,000. 6. Administrative Authority. The City Manager or designee shall administer and be Page 2 of 7 the City's primary contact with the District. The Director of the District or designee shall be the District's primary contact with the City. 7. Relationship of the Parties. The Parties intend that an independent contractor relationship will be created by this agreement. This agreement is not a joint venture between the District and the City. No District or City employee shall be deemed a representative, employee or agent of the other party for any purpose. 8. Termination. This Agreement may be terminated by either the City or the District upon six months written notice. 9. Notice. Notice shall be given in writing as follows: TO THE CITY: Name: Chris Bainbridge Title: City Clerk. Phone Number: (509) 921 -1000 Address: 11707 East Sprague Ave., Suite 106 Spokane Valley, \VA 99206 TO THE DISTRICT: Name: Michael Wirt Title: Secretary, Board of Trustees Phone Number: (509) 924 -4122 Address: 4322 North Argonne Rd. Spokane, WA 99212 -1868 10. indemnification and Hold Harmless. Each party shall indemnify and hold the other, 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 any act or omission on the part of said party or its agents, employees or volunteers in the performance of this Agreement. 11. Waiver. No officer, employee, agent or other individual acting on behalf of other party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 12. Entire Agreement. This written agreement constitutes the entire and complete agreement between the City and the District for the provision of Library Services to the residents of the City of Spokane Valley and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the City and the District. Accepted and agreed the year and date first above written. Page3of7 i 0 C/ Ty Y OF SPOKANE ANE VALLE ' David Mercier, City Manager APPROVED AS TO FORM: CITY ATTORNEY Stanley M. Schwartz Witherspoon, Kelley, Davenport Toole, LLP Page 4 07 SPOKANE COUNTY LIBRARY DISTRICT Frank Payne, Chair Board of Trustees APPROVED AS TO .FORM: COUNSEL TO THE DISTRICT James C. Sloane Paine, Hamblen, Coffin, Brooke &.Miller, LLP 2002 costs Valley Library use $1,531,743 Other branch use 370,428 Total S1,902,171 2004 protection S1,902,171 2002 costs 6.21% 2002 -2004 adj. 118,125 Total $2,020,296 City of Spokane Valley 2004 Library Service Cost Projection: Revised as Requested by City Council Total Cost: $2,020,296 Includes: I. Spokane Valley residents' use of Valley Library. 2. Spokane Valley residents' access to the other 9 District branches. 3. Spokane Valley residents' access to all District library materials, regardless of location. 4. Spokane Valley resident's access to all District Web -based services. 5. No limit on number of library cards or amount of service use. 6. Outreach services to 44 Spokane Valley licensed nursing homes, assisted living facilities 7. Use of all 6 Spokane Public libraries, their services and materials. Cost Projection ": * Projection Assumptions: Detail 2002 actual expenditures Airway Heights Argonne Cheney Deer Park Fairfield Medical Lake Moran Prairie North Spokane Otis Orchards Valley 1. Individual branch costs are derived from SCLD's audited 2002 financial statements, using cost allocation model developed jointly by District and City in October 2003. 2. Outreach Services costs are assigned to the branch appropriate to the facility or homebound customer. 3. Costs attributable to Spokane Valley are based on % Spokane Valley resident registrations in each branch, using partial results from City GIS analysis of addresses in District registration database; assumes that ratios are consistent with full database (see table, below). 4. To arrive at projected 2004 costs from actual 2002 actual costs, 6.21% (% increase in the District's total budgeted expenditures between 2002 and 2004) is added. SV Registrations 39 4,069 88 34 14 30 161 318 708 24,274 29,735 Branch Registrations 1,002 8,244 3,290 2,676 209 730 4,735 20,936 5,002 30,153 76,977 --DRAFT-- Page 5 of 7 % SV Registrations 0.13% 13.68% 0.30% 0.11% 0.05% 0.10% 0.54% 1.07% 2.38% 81.63% 100.00% SV % /Branch Branch Registrations Expenditures 3.89% 49.36% 2.67% 1.27% 6.70% 4.11% 3.40% 1.52% 14.15% 80.50% 235,103 473,714 441,855 405,557 153,120 229,207 365,931 1,454,705 397,613 1,902,721 6,059,526 % Exp for SV 9,151 233,812 11,819 5,153 10,257 9,419 12,442 22,096 56,279 1,531,743 1,902,171 • . Exhibit l 1. Library Capital Facilities Plan T)evelopment: a. The Library Capital Facilities Plan provided for in Section 5 of the Agreement shall be developed by the District in collaboration with the City through an advisory committee. The advisory committee shall be composed of two District staff members, a District Trustee, one representative of City staff, one City Council Member and one citizen selected by the City. Upon completion, the Library Capital Facilities Plan shall be presented to the City Council and the Board for adoption. b. The Library Capital Facilities Advisory Conunittee shall study and make recommendations concerning the adequacy of current capital facilities (i.e. buildings, equipment, hooks and other materials) available to serve the City of Spokane Valley residents' library service needs and the feasibility of developing additional library buildings to serve the City of Spokane Valley, including estimated cost of development, of operation and maintenance, and other related matters. c. Should the District or the City desire to retain consultants or any other professionals for a fee to assist with the development of the Library Capital Facilities Plan, such contracts may be issued by the Board upon mutual agreement of both parties. d. District shall be responsible for costs to retrain consultants and other professionals skilled in developing library facility plans, and for related costs and expenses, such as but not limited research, publication and other incidental costs. 2. Spokane County Library District Responsibilities: a. Carry out a City of Spokane Valley library services needs assessment. b. Assemble current City of Spokane Valley library use information; obtain City of Spokane Valley demographic, land use, traffic, and capital facility planning information from City staff. c. Assemble current and future demographic, land use, traffic, and capital facility planning information for the portion of the Spokane Valley lying outside the City but within the District's service area. d. Develop at least two preliminary library service models based on City demographics, geography, land use, and traffic patterns, taking into account library service needs of the remainder of the Valley outside the City limits. Include general site requirements, general construction/FF &E costs, and estimated operational costs. e. Present the library service models in the venue(s) determined to be most appropriate to obtain feedback on the preferred model. f. Further develop the preferred model including but not limited to estimates of public and support space needs, materials shelving, seating, meeting and study room, technology, and parking requirements for all proposed facilities. g. Obtain an updated construction cost estimate, and estimate of related costs. h. Determine capital funding options and projected taxpayer and debt service costs. i. Prepare a written library capital facilities plan proposal for presentation to the City Council and District Board of Trustees. Page 6 of 7 3. City of Spokane Valley responsibilities: a. Designate City staff and /or officials to serve in an advisory capacity to the District. b. Provide Spokane County Library District staff with current and projected demographic, land use and traffic information, as well as information on other city capital facilities planning. c. Determine the desired venue(s) for presentation of preliminary library service planning models for feedback on the preferred model. d. Work with the District to use the feedback obtained in determining the model to more fully develop. e. Provide the District with other information that might be useful in the capital facilities planning process. Page 7 of 7 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 2/10/04 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: Tourism Promotion Area Interlocal Agreement GOVERNING LEGISLATION: RCW 35.101.030 and RCW 35.101.040 PREVIOUS COUNCIL ACTION TAKEN: At the January 20, 2004 City Council meeting, a couple of questions were asked about the TPA Interlocal Agreement and the related state law. The questions primarily related to disestablishment of the TPA. 1 have presented these questions to the attorneys that have been working on this matter. The following is the legal understanding and intent of the drafters of the Interlocal Agreement. 1. Disestablislunent Provision, Section 7 of the Interlocal Agreement. The TPA can be modified or disestablished two ways: (1) the BOCC may modify or disestablish through Board Resolution; or (2) if a petition requesting modification or disestablishment is presented by the lodging operators who pay 40 percent of the assessments, the BOCC must hold a hearing and either (a) keep the TPA in place, (b) modify or (c) disestablish. If the BOCC does not modify or disestablish, the local governments can, upon 90 days notice, withdraw from the TPA. But, if the lodging operators who pay 50 percent of the assessments protest disestablishment, the BOCC may not disestablish. (This 50 percent veto operates under either procedure (1) or (2) above). 2. Termination Provision, Section 8 of the lnterlocal Agreement. Without action of any party the TPA will "sunset" on December 31, 2008. The Council discussed whether Section 7 was in conflict with the State law authorizing the disestablishment of TPA's. The attorneys read the statute as giving the 130CC discretion when they consider a disestablishment. With this discretion the County can agree on how this discretion will be exercised. Section 7 attempts to control the exercise of this discretion. From the City's perspective, I look at paragraph 7 as a City waiver of the BOCC unilateral discretion to disestablish. if for some reason (and 1 note this matter has not been reviewed by any court) the paragraph is found to violate state law, then the section simply stands as a statement of intent to the BOCC regarding disestablishment. STAFF CONTACT: Stanley Schwartz and Dave Mercier 0 , ATTACHMENTS (1) ( INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA THIS AGREEMENT ( "Agreement ") dated this day of , 2004, is made and entered into by and among SPOKANE COUNTY, a Class A county of the State of Washington ( "Spokane County"); the CITY OF SPOKANE, a municipal corporation of the State of Washington ( "Spokane "); and the CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington ("Spokane Valley "), pursuant to the authority of chapter 39.34 RCW and Engrossed Substitute Senate Bill No. 6026 authorizing the establishment of a Tourism Promotion Area to levy Special Assessments to fund tourism promotion. WITNESSETH: WHEREAS, pursuant to the provisions of the Revised Code of Washington, the Board of County Commissioners of Spokane County has the care of county property and the management of county funds and business; and WHEREAS, the 2003 State Legislature of the State of Washington has recognized the importance of tourism promotion in the State of Washington and passed Engrossed Substitute Senate Bill No. 6026 authorizing the establishment of a Tourism Promotion Area by a county to permit the levy of Special Assessments to find tourism promotion; and WHEREAS, the Operators of Lodging Businesses within the County of Spokane have presented an Initiation Petition to Spokane County seeking to have the Board of County Conunissioners of Spokane County establish a Spokane County Tourism Promotion Area, specifically including the areas within the jurisdiction of Spokane and Spokane Valley, pursuant to the terms of Engrossed Substitute Senate Bill No. 6026; and WHEREAS, the Initiation Petition submitted to the Board of County Commissioners of Spokane County, Exhibit "A" attached to this Agreement, included: A description of the boundaries of the proposed Spokane County Tourism Promotion Area, including the areas within the jurisdiction of Spokane and Spokane Valley; and (2) The proposed uses and projects for which the proposed revenue from the Special Assessments levied by the Spokane County Tourism Promotion Area would be dedicated, and the total estimated costs of such uses; and The estimated rate for the Special Assessments to be levied on Lodging Businesses in various Zones within the Spokane County Tourism Promotion Area; and C:1Documents and SettingsScbainbridge \Local Settings\Tempurary Internet FileslOLK2E \Tourism Promotion Interlocal 1- 19 -04.docl (4) The signatures of the persons who operate Lodging Businesses in the proposed Spokane County Tourism Promotion Area who would pay over sixty percent (60 %) of the proposed Special Assessments levied within the area. WHEREAS, the Board of County Commissioners of Spokane County has the authority pursuant to the terms of Engrossed Substitute Senate Bill No. 6026, to enter into an Interlocal Agreement with Spokane and Spokane Valley to establish a Tourism Promotion Area, pursuant to the provisions of the initiation Petition received from the Operators of Lodging Businesses, to include, within the boundaries of the proposed Spokane County Tourism Promotion Area, the area within the jurisdiction of Spokane and Spokane Valley; and WHEREAS, the Board of Commissioners of Spokane County, has adopted a "Resolution of intention to Establish a Spokane County Tourism Promotion Area," following a hearing to be held on the day of , 2003; pursuant to the request of an Initiation Petition submitted by the Operators of Lodging Businesses within Spokane County; and WHEREAS, on the day of , 2003, the County Clerk of the Board of County Commissioners of Spokane received an Initiation Petition authorized by RCW 35.101.020 from the Operators of Lodging Businesses located within Spokane County requesting the conduct of a public hearing by the Board of County Commissioners of Spokane County, pursuant to the authority of Engrossed Substitute Senate Bill No. 6026, for the purposes of considering the establishment of a Spokane County Tourism Promotion Area to provide funds for tourism promotion in Spokane County; and WHEREAS, on the day of , 2003, the Board of County Commissioners of Spokane County adopted a resolution entitled a "Resolution of Intention to Establish a Spokane County Tourism Promotion Area," for the promotion of tourism promotion within Spokane County, describing the boundaries of the proposed Spokane County Tourism Promotion Area, the proposed uses and projects to which the proposed revenues from Special Assessments levied within the Spokane County Tourism Promotion Area would be dedicated and setting the proposed rates for the Special Assessments to be levied on Lodging Businesses to fund the uses and projects of the Spokane County Tourism Promotion Area, estimating the total cost for the proposed activities and programs for the use of funds received by the Spokane County Tourism Promotion Area, fixing the date, time and place of a public hearing to be held by the Board of County Commissioners of Spokane County to consider the establishment of such a Spokane County Tourism Promotion Area, and directing the giving of notice of such public hearing; and WHEREAS, Resolution No. , entitled A Resolution of Intention to Establish a Spokane County Tourism Promotion Area for the promotion of tourism and convention C:IDocumcnts and Seninplebainbridgc \Local Settine,,c\Temporary 1nternefl Files\OLK2EVrourism Promotion Interlocal 1 -19-04.doc2 business within Spokane County was duly published, and copies thereof were mailed to each Lodging Business in the proposed Spokane County Tourism Promotion Area, as provided by law, and WHEREAS, the City Council of the City of Spokane and the City Council of the City of Spokane Valley have by appropriate legislative action, authorized the execution of an Interlocal Agreement with Spokane County to permit the establishment of a Spokane County Tourism Promotion Area to include collection of Special Assessments from Lodging Businesses within their respective jurisdictions, NOW, THEREFORE, for and in consideration of the promises set forth hereafter, Spokane County, Spokane and Spokane Valley hereby agree as follows: 1. Definitions. As used in this agreement, the following terms, unless the context otherwise dictates, shall have the following means: 1.1 "Agreement" shall mean this interlocal cooperation agreement between Spokane County, Spokane and Spokane Valley for the establishment of a Spokane County Tourism Promotion Area by Spokane County as authorized by Chapter 35.101.040 (2) RCW. 1.2 "Lodging Business" means a business located within the Spokane County Tourism Promotion Area that furnishes lodging taxable by the state under chapter 82.08 RCW that has forty (40) or more lodging units. 1.3 "Operator" means the Operator of a Lodging Business, whether in the capacity of owner, general manager, lessee, sub lessee, mortgagee in possession, license or any other similar capacity. 1.4 "Room Revenues" means the gross per - night - charge (nights of stay) imposed for the rental of a room or combination of rooms for Lodging. 1.5 "Special Assessment" means the levy (charge) imposed by Spokane County on the Operators of a Lodging Business within the Spokane County Tourism Promotion Area and subsequently passed on to the guests of the Lodging Business, under the authority of RCW 35.101.050 for the purpose of providing for funding of tourism promotion in Spokane County. 1.6. "Spokane Hotel -Motel Association" means the Spokane Hotel -Motel Association, Inc., a Washington non -profit corporation. 1.7 "Spokane Hotel and Motel Commission" means the Spokane Hotel and Motel Commission, established by Spokane County, whose members are appointed by the Board of County Commissioners of Spokane County, the City Council of the City of C:IDocuments and Settingss\cbainbridge \Local Settines\Temporary Internet Files1OLK2E1Tourism i'roniotion Interlocal 1- 19 -04.doc3 Spokane, and the City Council of the City of Spokane Valley to provide recommendations to the Board of County Commissioners of Spokane County on proposed uses and projects of the Spokane County Tourism Promotion Area; pursuant to the provisions of RCW 35.101.130 (1) as provided in this Agreement. 1.8 "Spokane Metropolitan Area" means Spokane County, including the entire areas within the jurisdiction of Spokane and Spokane Valley and the unincorporated area of Spokane County. 1.9 "Spokane County "Tourism Promotion Area" means the Tourism Promotion Area created by the resolution of the Board of County Commissioners of Spokane County pursuant to the authority of RCW 35. , as authorized by the resolutions of the City Council of the City of Spokane and the City Council of the Spokane Valley adopting the terms of this Agreement. 1.10 "TPA Manager" shall mean a tourism destination marking organization or other similar organization employed by the Board of County Commissioners to administer the operation of the Tourism Promotion Area. 1.11 "Tourism Promotion" means activities and expenditures desigmed to increase tourism and convention business, including but not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists, and operating tourism destination marketing organizations. 1.12 "Transient Basis" means the rental of a room or rooms for dwelling, lodging, or sleeping purposes by the Operator of a Lodging Business for a period of thirty (30) consecutive calendar days or less, counting a portion of a day as a full calendar day. 1.13 "Zone" or "Zones" means the distinct geographic subarea or subareas within the Spokane County Tourism Promotion Area as established by resolution of the Board of County Commissioners of Spokane County and as set forth in Exhibit "B" attached to this Agreement. 1.14 "Annual Budget" shall mean the Spokane County Tourism Promotion Area budget for a fiscal year, as adopted or amended by the Board of County Commissioners of Spokane County, after the receipt of a recommendation from the Spokane Hotel and Motel Commission, identifying all estimated revenue from Special Assessments for the fiscal year, and providing for all proposed uses of Special Assessment revenue for the purpose of providing tourism promotion in Spokane County for the ensuing fiscal year. 2. Tourism Promotion Area to be Established by Spokane County. A. Jt is hereby understood and agreed by Spokane County, Spokane and Spokane Valley that Spokane County, pursuant to the authority of Chapter 35.101.040 (2) RCW, shall C:iDocumcnts and Setiingslcbninhridgel.Local SettingsYremporary. Internet Files1OLK2E1'rourism Promotion Interlocal i.19- 04_doc4 establish a "Tourism Promotion Area" designated the Spokane County Tourism Promotion Area to include the unincorporated area of Spokane County and the entire area within the corporate limits of Spokane and Spokane Valley. B. It is hereby understood and agreed by Spokane County, Spokane, and Spokane Valley that the purpose of permitting the Board of County Commissioners and Spokane County to form the Spokane County Tourism Promotion Area under RCW 35.101.040 (2) is to provide revenue to fund tourism promotion within Spokane County which will benefit the Operators of Lodging Businesses in Spokane County, Spokane and Spokane Valley. 3. Levy of Special Assessments on Lodging Businesses within the Spokane County Tourism Promotion Area. A. The Board of County Commissioners of Spokane County will levy Special Assessments on the Operators of Lodging Businesses within the Spokane County Tourism Promotion Area in accordance with the zones and levels of Special Assessments as set forth in Resolution No. B. It is understood and agreed by and between Spokane County, Spokane and Spokane Valley that the Spokane County Tourism Promotion Area shall include the following five (5) zones: Zone A. Zone A encompasses those Lodging Businesses located within the area of the incorporated city limits of the City of Spokane defined as follows: Downtown core bordered by Interstate 90 to the south, Hamilton Street to the east, Indiana Avenue to the north, and Monroe Street to the west. Zone B. Zone B encompasses those Lodging Businesses located within the area of the incorporated city limits of Spokane and the City of Spokane Valley except those Lodging Businesses located in Zone A. Zone C. Zone C encompasses all Lodging businesses located outside Zones A and B, but within the unincorporated area of Spokane County. Zone D. Zone D encompasses all Lodging Businesses with room revenue under $500,000 per year, situated within the Spokane County Tourism Promotion Area, regardless of their specific location. Zone E. Zone E encompasses Lodging Businesses located within the Tourism Promotion Area, as that term is addressed in WAC 458 -20 -166 as it presently exists or may be hereinafter amended, other than hotels, motels, and bed and breakfast facilities. Lodging Businesses within this zone, as addressed in WAC 458 -20 -166, would include only (i) trailer camps and recreational vehicle parks which charge for the rental of space to transients for locating or parking house trailers, campers, recreational vehicles, mobile homes, and tents; (ii) C:lpocuments and SettineskbainbridgelLacal Settings \Tcrnporary Internet Files\OLK2E\Tourism Promotion Interlacal 1 - 1'9 04.doc5 i- educational institutions which sell overnight lodging to person other than students; (iii) private lodging houses, dormitories and bunkhouses operated by or on behalf of businesses and industrial firms or schools soley for the accommodation of employees of such firms or student which are not held out to the public as a place where sleeping accommodations may be obtained; and (iv) guest ranches or summer camps which, in addition to supplying meals and lodging , offer special recreational facilities and instruction in sports boating, riding, outdoor facilities and instruction in sports, boating, riding, and outdoor living. The charge(s) imposed under this section are not a tax on the "sale of lodging" for the purposes of RCW 82.14.410 C. It is understood and agreed by and between Spokane County, Spokane and Spokane Valley that the Operators of Lodging Businesses within the Spokane County Tourism Promotion Area operating in the above - described zones will be subject to Special Assessments to be levied as follows: Zone A: $1.50 per room/day Zone 13: S1.25 per room/day Zone C: $1.00 per room/day Zone D: $0.50 per roomlday Zone E: $0.00 per room or space /day D. Any change in the Special Assessment rates for any zone as set forth hereinabove shall be made only by amendment of the resolution by the Board of County Commissioners, with the approval of the City Council of the City of Spokane and the City Council of the City of Spokane Valley. No increase in the Special Assessment rates for any zone or change in the boundaries of any zone shall be made by the Board of County Commissioners of Spokane County except upon the affirmative recommendation of the Spokane Hotel and Motel Commission. 4. Use of Special Assessment Revenues For the Promotion of Tourism and Convention Business in Spokane County. A. It is understood and agreed that all of the revenues from Special Assessments collected by Spokane County from Lodging Businesses within the jurisdiction of Spokane County, the City of Spokane, and the City of Spokane Valley shall be allocated by the Board of County Commissioners of Spokane County in accordance with the Annual Budget for the Spokane County Tourism Promotion Area. The Spokane Hotel and Motel Commission shall make a recommendation to the Board of County Commissioners on all Annual Budgets. The C:ltlocuments and SettingslcbainbridgcLocal SettingsVI'emporary Internet Files101..K2ECrourism Promotion Interlocal I- 19 -04.doeb Board of County Commissioners shall have the ultimate authority to set and approve all Annual Budgets. B. The revenues from the Special Assessments levied by Spokane County on the Operators of Lodging Businesses situated within the Spokane County Tourism Promotion Area shall be used for the following purposes only: (1) The funding of all activities and expenditures designed to increase tourism promotion and convention business within Spokane County as specified in the Spokane County Tourism Promotion Area Budget. (2) The marketing of convention and business that benefit local tourism and the Lodging Businesses in Spokane County; and (3) The marketing of Spokane County to the travel industry in order to benefit local tourism and the lodging businesses situated within the Spokane. County Tourism Promotion Area; and (4) The marketing of Spokane County to recruit major sporting events in order to promote local tourism and to benefit the Lodging Businesses within the Spokane County Tourism Promotion Area. 5. Establishment of the Spokane Hotel and Motel Commission. A. It is understood and agreed that the Board of County Commissioners of Spokane County shall, pursuant to the authority ofRCW 35.101.130 (1) create an eleven (11) member Spokane Hotel and Motel Commission to advise the Board of County Commissioners of Spokane County on the expenditure of Special Assessment revenues by the Spokane County Tourism Promotion Area to fund tourism promotion in Spokane County. B. Members of the Spokane Hotel and Motel Commission shall be selected by the Board of County Commissioners of Spokane County, the City Council of Spokane and the City Council of Spokane Valley from a list of nominees prepared by the Spokane Hotel and Motel Association. All nominees for membership on the Spokane I-Iotel and Motel Commission must be Operators of Lodging Businesses within Spokane County or employed by the Operator of such a Lodging Business. One ex officio member of the Commission may be appointed from the members of the Board of Commissioners of Spokane County; one ex officio member may be appointed from the members of the City Council of the City of Spokane; and one ex officio member may be appointed from the members of the City Council of the City of Spokane Valley. Ex officio members of the Spokane Hotel -Motel Commission may participate in all discussions regarding proposed activities and programs by the Spokane County Tourism Promotion Area for the promotion and marketing of tourism in Spokane County but shall not have voting rights. C. The Board of County Conunissioners of Spokane County shall appoint two members, and one ex officio member of the Spokane Hotel and Motel Commission, to represent CADocuments and ScuingsvcbninhridgelLocal Settings\Temporary Intrmet Files \OLK2EITuurism Promotion Interlocal I- 19 -04.doc7 the County of Spokane; the City Council of the City of Spokane Valley shall appoint two members, and one ex officio member, of the Spokane Hotel and Motel Commission to represent the City of Spokane Valley; and the City Council of the City of Spokane shall appoint four members, and one ex officio member, of the Spokane Hotel and Motel Commission to represent the City of Spokane. Any vacancy, on the Spokane Hotel and Motel Commission, arising from a resignation or other cause, shall be filled by the appointing agency, from the list of nominees prepared by the Spokane Hotel and Motel Association, within 30 days from the date the "vacancy occurs ". D. It is understood and agreed that the initial members of the Spokane Hotel and Motel Commission shall serve staggered terms, with one member serving a one -year term, two members serving for two -year terms, and three members serving for three -year terms. The length of the term for each individual member of the initial Spokane Hotel and Motel Commission shall be chosen by lot at the first meeting of the Com.mission. Thereafter, all members subsequently appointed to the Spokane hotel and Motel Commission shall serve for three -year terms. 6. Contract For Management of Spokane County Tourism Promotion Area. A. The Board of. County Commissioners shall contract with a TPA Manager. The contract shall be awarded consistent with all applicable Spokane County laws, ordinances and regulations. The contract shall require the TPA Manager to comply with all applicable provisions of law, including RCW 35.101 et al and with all Spokane County resolutions and ordinances as well as all regulations lawfully imposed by the state auditor or other state agencies. B. The TPA Manager will be responsible for administering the activities and programs of the Spokane County Tourism Promotion Area and to prepare an Annual Budget for the Spokane County Tourism Promotion Area to be reviewed and approved by the Spokane Hotel and Motel Commission and submitted to the Board of County Commissioners of Spokane County on or before November 1 of each year. The TPA Manager shall also act as staff to the Spokane Hotel and Motel Commission in conjunction with assisting it in determining what activities and programs to recommend for funding from the Special Assessments. C. The Annual Budget for the Spokane County Tourism Promotion Area shall consist of: (1) A list of the Lodging Businesses subject to Special Assessments and an estimate of the revenue to be received from all such Lodging Businesses; and (2) A statement of the proposed budget for all Spokane County Tourism Promotion Area activities and programs recommended by the Spokane Hotel and Motel Commission to be funded from Special Assessments during the ensuing fiscal year; and D. All Special Assessments received by Spokane County from the Washington State Department of Revenue and any interest therein shall be deposited by Spokane County in a C:IDocuments and Settingtkbainbridge\Local Scttings\Tcmporary Internet Filcs10LK2EVrourism Promotion Interlocal 1- 19- 04.docS special account. .Payments to the TPA lMlanager will be made as provided for in the agreement between the Spokane County and the TPA manager. Provided, however, no Special Assessment shall be dispersed in any fiscal year until after the adoption of that year's fiscal Annual Budget, Provided further, Spokane County shall not expend in any Fiscal year Special Assessments in excess of the approved fiscal Annual Budget_ Area. 7. Modification or Disestablishrnent of the Spokane County Tourism Promotion A. The Board of County Corn.missioners of Spokane County, by appropriate action, may modify the provisions of the resolution establishing the Spokane County Tourism Promotion Area or provide for the disestablishmcnt of the Spokane County Tourism Promotion Area, after adopting a resolution of intention to such effect. Such resolution of intention shall describe the change or changes proposed, or indicate that it is the intention to disestablish the Spokane County Tourism Promotion Area, and shall state the time and place of a public hearing to be held by the Board of County Commissioners of Spokane County to consider the proposed action. 13. If the Operators of Lodging .Businesses which pay over forty percent (40%) of the Special Assessments levied within the Spokane County Tourism Promotion Area file a petition with the Cleric of the Board of Spokane County Commissioners requesting the Board of County Commissioners of Spokane County to adopt a resolution of intention to modify or disestablish the Spokane County Tourism Promotion Area the Board of County Commissioners of Spokane County shall adopt such resolution and act upon it as required by law- Signatures on such petition shall be those of a duly authorized representative of the Operators of Lodging businesses in the Spokane County Tourism Promotion Area. In the event of failure on the part of the Board of County Commissioners to modify or disestablish the TPA the participating local governments reserve the right to withdraw from this agreement upon three (3) months notice to the other participating local governments. C -- In the event the resolution proposes disestablishment of the Spokane County Tourism Promotion Area the Board of County Commissioners of Spokane County shall disestablish the Spokane County Tourism Promotion Area; unless at such public hearing, protest against diseslablishment is made by the Operators of Lodging Businesses paying over fifty percent (50 %) of the Special Assessments in the Spokane County Tourism Promotion Area. 8. Miscellaneous Provisions: A. Duration and Termination of this A.reeinent, (1) This Agreement shall continue in full force and effect until such time as the Spolcarie County Tourism Promotion Area is disestablished by action of the Board of County Commissioners of Spokane County as provided in Section 7 above. (2) This agreement shall expire December 3 1, 2008, PROVIDED, it may be extended in increments of three years by consent of Spokane County, City of Spokane, and City of Spokane Valley, expressed either by resolution of the legislative body or written approval of C :\Doaum.nrs ScIIin l:bainbridOlAca! 5e#iin8slrempormry Interne Filcs\OLK2E1Tourism Pjornotiori [merlon! 1- 19 -01,doc9 1 its chief executive officer. The timing of such consent should be coordinated with the needs of the Washington State Department of Revenue. (3) Following termination of this Agreement, Spokane County shall be responsible for utilizing any remaining unallocated revenue from Special Assessments for use for tourism promotion in Spokane County. B. Waiver. No officer, employee, or agent of Spokane County, Spokane, or Spokane Valley has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement by Spokane County, Spokane, or Spokane Valley shall be held to be a waiver of any other or subsequent breach. Failure of Spokane County, Spokane, or Spokane Valley to enforce any of the provisions of this Agreement or to require pet of any of the provisions herein, shall in no way be construed to be a waiver of such conditions, nor in any way effect the validity of this Agreement or any part hereof, or the right of Spokane County, Spokane or Spokane Valley to hereafter enforce each and every such provision. C. Records. All records prepared, owned, used or retained by the TPA Manager in conjunction with operating or administering the activities and programs of the Spokane County Tourism Promotion Area as provided for under the terms of this Agreement shall be deemed records of Spokane County, Spokane, and Spokane Valley and shall be made available by the TPA Manager upon request to Spokane County, Spokane, or Spokane Valley, State Auditor or their authorized representatives.. D. Property and Equipment. Spokane County Shall be the owner of all property and equipment purchased by the TPA Manager from Special Assessment Revenues. Provided, however, in the event of the termination of the Agreement with the TPA Manager, Spokane County agrees to make the property and /or equipment available to the successor TPA Manager for its use in conjunction with providing similar services. Provided further, in the event of disestablishment of the Spokane County Tourism Promotion Area, all property and equipment purchased by the TPA Manager from Special Assessment Revenues shall be retained by Spokane County and used for any lawful purpose. E. Intearration. This Agreement contains all of the terms and conditions agreed upon by Spokane County, Spokane, and Spokane Valley concerning the establishment of the Spokane County Tourism Promotion Area by the Board of County Commissioners of Spokane County and the collection of Special Assessments from Operators of Lodging Businesses within the entire area, including the area within the jurisdictions of Spokane and Spokane Valley. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The parties have read and understand all of this Agreement, and now state that no representation, promise, or agreement not expressed in this Agreement has been made to induce the officials of Spokane County, Spokane, or Spokane Valley to execute this Agreement. F. Severability. In the event any provision of this Agreement shall be declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not, in any way, be effected or impaired thereby. C:IDocwnents and SeningslcbainbridgclLocal Sc tingsVrcmporary Internet Filcsl0LK2tlTourism Promotion intcrlocal 1- 19- 04.docl0 G. Execution of Agreement. This Agreement shall become effective inunediately after it is duly adopted by the board of County Commissioners of Spokane County, the City Council of Spokane, and the City Council of Spokane Valley and shall be filed with the County Auditor of Spokane County, the City Clerk of Spokane, and the City Clerk of Spokane Valley, and the Secretary of State of the State of Washington. H. Litigation. In the event litigation is brought against the TPA or any party to this Agreement the TPA Manager shall cause legal counsel to be employed for the purpose of defending or prosecuting the matter. The cost of the legal counsel shall be paid by the TPA. The parties reserve the right to monitor and participate in any litigation as solely determined by the partY- IN WITNESS WHEREOF, the City of Spokane, the City of Spokane Valley, and Spokane County have executed this Agreement by their duly authorized officials pursuant to all requirements of law. C(\Documents and Settingkbainbridge\Local Settings\Tcmporary Internet Files\OLI:2E\Tourism Promotion lnterlocal 1- 19.04.docl 1 Attest: Clerk of the Board Approved as to form: Chief Civil Deputy Prosecuting Attorney Attest: City Clerk Approved as to form: Assistant Corporation Counsel BOARD OF COUNTY COMMISSIONERS By: By: By: CITY OF SPOKANE By: Mayor C_1Documenis and Settingslchainbridge \Loeal SettineslTcmporary Internet Files \O1,K2E\Tourism Promotion Interlocal I- 39.404.docl2 Attest: City Clerk Approved as to form: Assistant Corporation Counsel CITY OF SPOKANE VALLEY By: City Manager C:IDocuments and SettingticbainbrideelLocal ScttingsVrcmporag Internet Files \OLK2E Tourism Promotion Interlocal 1- 19 -04.doc13 Meeting Date: 02 - 10 - 04 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing xxinformation ❑ admin. report EJ pending legislation AGENDA ITEM TITLE : Mayor Appointments /Council Confirmations GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Mayor DeVleming will propose making the following committee appointments: SCRAPS (Animal Control ) — Gary Schimmels Spokane County Library — Diana Wilhite International Trade Alliance — Rich Munson Governance Manual Review — Steve Taylor, Mike Flanigan, Mike DeVleming and two to three citizens to the Cable Advisory Board OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action CITY OF SPOKANE VALLEY El) Request for Council Action Meeting Date: February 10, 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: Walgreens Public Access Easement GOVERNING LEGISLATION: RCW 35A.11.010 (Rights, Powers and Privileges) PREVIOUS COUNCIL ACTION TAKEN: There has been no previous Council action taken. BACKGROUND: Walgreens is proposing to construct a 14,418 square feet store at 12306 East Sprague Avenue located at the southeast corner of the intersection of Sprague Avenue and Pines Road — the site is currently occupied by the vacant Chevron gasoline service station. An existing fifteen (15) foot wide public alley is located along the southern property line of the proposed Walgreens development site. This existing public alley currently provides access to the proposed Walgreens development site as well as other properties south and east of this site. Walgreens is proposing to use the public alley to provide access to the proposed on -site drive - through and on -site parking. As part of the land use and engineering review for the proposed project, the developer supported a staff recommendation to provide a five (5) foot wide public access easement along the property's southern property line to increase vehicle maneuvering area while using the public alley. The attached public access easement document from Walgreens addresses the provision of this proposed easement. OPTIONS: The proposed public access easement involves the use of real property. The City Council has established a practice of considering grants of uses of real property such as a public access easement through a resolution process. RECOMMENDED ACTION OR MOTION: There is no recommended action or motion from staff for the February 10, 2004 meeting as the purpose of this meeting is an administrative report only. A resolution accepting the public access easement is currently proposed for City Council consideration on February 24, 2004. Please advise staff of any questions or information needs the Council may have regarding the proposed easement at the February 10, 2004 meeting. Staff will provide any requested information at the February 24, 2004 meeting. BUDGET /FINANCIAL IMPACTS: No budget or financial impacts are anticipated with the City Council's potential acceptance of the public access easement. STAFF CONTACT: Kevin Snyder, AICP, Current Planning Manager ATTACHMENT: Attachment A: RCW 35A.11.010 Attachment B: Proposed Public Access Agreement ATTACHMENT A Chapter 35A.11.010 RCW - The Washington State Legislature s -.ems Ip1111 Legislature Home About Us E -Mail Lists Search RCW TITLES » TITLE 35A » CHAPTER 35A.11 » SECTION 35A_11.010 Beginning of chapter « 35A.11.010 » 35A.11.020 RCW 35A.11.010 Rights, powers and privileges. [1967 ex.s. c 119 § 35A.11.010.] Help Print Version Each city governed under this optional municipal code, whether charter or noncharter, shall be entitled "City of " (naming it), and by such name shall have perpetual succession; may sue and be sued in all courts and proceedings; use a corporate seal approved by its legislative body; and, by and through its legislative body, such municipality may contract and be contracted with; may purchase, lease, receive, or otherwise acquire real and personal property of every kind, and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit. Page 1 of 1 http: / /www.leg.wa.gov/R.CW /i.ndex.cf n ?fuseaction= section &section= 35A.11.010 2/5/2004 ATTACHMENT B DOCUMENT TITLE(S) (or transactions contained therein): PU13LIC ACCESS 1 ASEMENTT REFERENCE NUMBER(S) OF DOCUMENTS ASSIGiNTED OR RELEASED: N/A ❑ Additional reference #s on page of document(s) GRANTOR(S) (Last name first, then first name and initials) Walgreens, Co, an Illinois corporation • Additional names on page of document . GRANTEE(S) (Last name first, then first name and initials) THE CITY OF S.POKANE VALLEY, a Washington municipal corporation • Additional names on page of document LEGAL DESCRIPTION (abbreviated: i.e., lot; block, plat or section, township, range) Attached hereto as Exhibit "A" • Additional legal is on page of document ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER Spokane County No. 45222.0408, 45222.0409, 45222.0410 • Assessor Tax # not yet assigned RETURN ADDRESS: Walgrecns, Co 200 Wilmot Road Deerfield, IL 60015 • Attn: Law Department Michael Redstone WASHLNGTON STATE :RECORDER'S Cover Sheet (RCW 65.04) l C:1D000TMENTS AND SM i IN GS\SCOTT E. GRAn' GE \1MY DOCUMENrS\WO SPOKANEPINESEASE.MENr.DOC PUBLIC ACCESS EASEMENT THIS PUBLIC ACCESS EASEMENT (the "Easement ") is made as of this day of , 200, by WA.L GREEN CO., an Illinois corporation ( "Walgreens ") for the benefit of THE CITY OF SPOKANE VALLEY, a Washington municipal corporation ( "City "). Recitals A. Walgreens is the owner of certain real property located in the City of Spokane Valley, Washington, more particularly described on Exhibit A, attached hereto (the " Walgreens Property "). B. The City is the owner of a public right -of -way (alley), more particularly identified on Exhibit B, which abuts the Walgreens Property immediately to the south. C. The City of Spokane Valley Community Development Department- Current Planning Division issued a written Determination of Non - Significance "DNS" dated July 21, 2003 for the development of certain real property. Agents of Walgreens have applied for a building permit (File Number: BLD- 03- 03173) from the City of Spokane Valley Community Development Department- Building Division to develop the Walgreens Property as indicated on the site plan attached as Exhibit C (the "Permit "). The site plan as submitted under SEPA 12306 E. Sprague Avenue and File Number BLD -03 -03173 has been approved by the City of Spokane Valley. D. In connection with the City's review of the building permit application, the Ciry has requested that Walgreens grant a five (5) foot access easement over that portion of the Walgreens Property abutting the alley, as such area is more particularly described on attached Exhibit D (the "Easement Areal), and as shown on Exhibit E to improve vehicular circulation on the alley. E. Walgreens is willing to grant such easement on the terms set forth herein. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Walgreens agrees as follows: 1. Grant of Easement. Walgreens hereby grants and conveys to the City a non- exclusive easement across the Easement Area to provide public access for vehicles between Pines Road and Houk Road. 2 C:1DOCuMENTS ANo SETTMOS\SCOTT E. GRAINGER\MY DOCUAfEWTS\WORD\SPOKANEPI> ESEASEEMrWr2.DOC 2. improvements to Easement Area; Maintenance. In conjunction with its development of the Walgreens Property, Walgreens shall improve the Easement Area to the same level of required improvements to the abutting public alley identified by the City of Spokane Valley Public Works Department- Engineering Division during the required engineering review process. Walgreens shall be responsible, at its sole cost and expense, for maintaining the Easement Improvements to ensure consistency with the original level of improvement. 3. Exercise of Riehts to Easement Area. The City agrees that public use of the Easement Area shall be limited to the purposes described herein and the City shall take such action as is necessary to ensure the Easement Area is not used for any other purpose. The City shall not at any time use the Easement Area for any purpose that interferes with business operations on or access to the Walgreens Property. Notwithstanding anything contained herein to the contrary, the easement rights granted herein shall not be available for public use until such time as construction of the improvements on the Walgreens Property are substantially complete and open for business. 4. Use of Easement Area by Walgreens. Walgreens hereby reserves the right to use the Easement Area for any purpose deemed reasonably necessary by Walgreens in connection with its ownership, development or operation of the Walgreens Property provided such use does not substantially interfere with the easement rights granted herein. 5. Intrusions into Easement Area. Physical intrusions into the Easement Area by Walgreens shall occur only after the City's review and issuance of written approval authorizing such intrusion. The City acknowledges that it has authorised a three -foot wide intrusion into the Easement Area for the screening associated with an outdoor recycler /compactor. 6. Termination. The enactment of the easement is contingent upon completion of the development of the property inclusive of store opening and use. Failure to complete the development shall automatically terminate the easement and the rights granted herein. The City shall also release said easement in the following instances: (a) the building improvements constructed pursuant to such Permit are destroyed; or (b) the City otherwise agrees by written instrument recorded in the records of Spokane County, Washington to release its rights in the Easement. 7. City Council Acceptance. The City of Spokane Valley City Council shall, prior to the recording of the easement, accept said easement by resolution at a regularly scheduled meeting. 8. Running with the Land. This Easement shall nun with the land as evidenced by recording with the Spokane County Auditor's office and shall be binding upon the owners of the Walgreens Property and the City and their heirs, successors and assigns until such easement is terminated pursuant to Section 5. 3 C:DoCUMENTS AND SETnNG51Sco7T E. GRAINGERIMY DOCUMENTSIWORD \SPOKANEPINESEASEMENT2.000 By: 9. Attorney Fees. The prevailing party in any action brought to enforce or interpret the terms of this Easement shall be entitled to recover its costs and reasonable attorney fees incurred in said action, including on appeal, whether or not suit is commmenced. 14. Breach. In the event of any breach or threatened breach of this Easement by the owner of either the Easement Area or the alley, the non- defaulting owner shall have the right to sue for damages and /or for specific performance and/or to enjoin such breach or threatened breach. GRANTOR: WALGREEN COT an Illinois corporation Its: � rut; 1 / , 1 9 , GRANTEE: THE CITY OF SPOKANE VALLEY, a Washington municipal corporation By: Its: 4 C:ID000MENTS AND SETTFNGSSSCOTT E. GRAINGERMY DOCUMI: h' rSlWORD1 SPOKANEPINESFASEMENT2.D0C t� 0 PARCEL A: Exhibit A (Legal Description of Walgreens Property) THAT PORTION OF THE NORTHWEST QUARTER OF' THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 25 NORTH, RANGE 44 EAST, 1�1�,M., AND THAT PORTION OF LOT z OF STEWART'S SUBDIVISION OF' BLOCK 164 OF OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "R" OF PLATS, PAGE 41, IN SPOKANE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECT.ION OF THE EAST LINE OF SECONDARY STATE HIGHWAY NO, 3 -H ON THE WEST SIDE OF THE NORTHWEST QUARTER OF' THE NORTHWEST QUARTER OF SECTION 22, WITH THE SOUTH LINE OF PRIMARY STATE HIGHWAY NO. 2, AS THE SAME EXISTED ON JANUARY 27, 1977 AS REFERRED TO IN AUDITOR.'S DOCUMENT NO, 7701270130; THENCE SOUTH ALONG THE EAST LINE OF SECONDARY STATE HIGHWAY NO. 3-H, 90 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID PRINLARY STATE HIGHWAY NO. 2 TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 1 TO THE NORTHEAST CORNER OF SAID LOT; THENCE WEST ALONG THE NORTH LINE OF SAID LOT, AND ALONG THE SOUTH LINE OF PRIMARY STATE HIGHWAY NO. 2 TO THE POINT OF BEGINNING; EXCEPTING THEREFROM ALL THAT PART OF THE HERETOFORE DESCRI BED TRACT LYING WEST OF A LINE DESCRIBED AS BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT AND 38 FEET EAST OF THE SR 27 LINE SURVEY OF SR 27, TENTH AVENUE TO SPRAGUE AVENUE; THENCE NORTH PARALLEL WITH SAID SR 27 LINE SURVEY TO A POINT 12 FEET SOUTH OF THE NORTH LINE OF SAID TRACT; THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF SAID TRACT THAT IS 48 -FEET EAST OF SAID SR 27 LINE SURVEY AND THE END OF THIS LINE DESCRIPTION. PARCEL B: THE SOUTH 40 FEET OF LOT a. OF STEWART'S SUBDIVISION OF BLOCK 164 OF OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "R" OE PLATS, PAGE 41, IN SPOKANE COUNTY, WASHINGTON; 7 C:1DoCUMENTS AND SETTINGSISCOTT E. G RAMNG ERN Y DOCUMEN7SlWO FLEAS PO:,ANE AND THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 25 NORTH, RANGE 44 EAST, W.M., AND THAT PART OF LOT 1 OF STEWART'S SUBDIVISION OF BLOCK 164 OF OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "R" OF PLATS, PAGE 41, IN SPOKANE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SECONDARY STATE HIGHWAY NO. 3 -H ON THE WEST SIDE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 22, WHICH POINT IS 90 FEET SOUTH OF THE INTERSECTION OF THE EAST LINE OF SAID HIGHWAY WITH 'T'I-IE SOUTH LINE OF PRIMARY STATE HIGHWAY NO. 2; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID PRIMARY STATE HIGHWAY NO. 2 TO A POINT IN THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT :t TO THE POINT OF INTERSECTION OF SAID EAST LINE WITH A LINE DRAWN PARALLEL WITH A.ND 40 FEET NORTH OF THE SOUTH LINE OF SAID LOT 1; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT r TO A POINT ON THE EAST LINE OF SAID SECONDARY STATE HIGHWAY NO. 3-H; THENCE NORTH ALONG THE EAST LINE OF SAID HIGHWAY, 6o FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION ACQUIRED BY THE STATE OF WASHINGTON FOR PINES ROAD BY DECREE OF APPROPRIATION ENTERED OCTOBER 30, 1984, UNDER SPOKANE COUNTY SUPERIOR COURT CASE NO. 842013359. PARCEL C: LOT 2, EXCEPT THE EAST 10 FEET THEREOF, STEWART'S SUBDIVISION OF BLOCK 164 OF OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "R" OF PLATS, PAGE 41, IN SPOKANE COUNTY, WASHINGTON. 8 C.ID000MENTS AND SETIINGSISCOTT E. GRAA"CERIMY DOCUbGENTSIw0ADISPOi :ANE,PINESEksEMEN 12.00C. 8 50.00' N89'5554 "W Exhibit I3 (Engineer's Map of Public Alley) 8 1 tri 0 0 m m FOUND 5/8" RESAR LS 67544 b (0.09' N) (100.3' SRI) (109' SRI) L 4. 100.30' 100.00' SP.F 0-- 226.29' (226.3' SRI) 15 9 C:IDOCuMENTS AND SETTrNGS1SCDTT E. GRAINGF.RIMY DOCUMENTS\ wORDLSPOKAA 'EPINESEASE,MENT2.DOC 2 0 co w th 4. c�7 O r• L." W 0, O Q 4 ° 0 00 yy� '(E) CHAN _ ..4.. _ _ — _ (E) TRAFI _ L LIGHT J WALGRE -- — — PYION N — — — — STORMW TER RETENTItN BASIN LI ZATIO N IC 0 0 NS ERB 4— r 1\ L/S BUFFER, TYP. SPRAGUE AVENUE 23,150 VPD / 35 MPH P b, mdimmriraa ummula! ALLEY 153 STALLS PL 239.9 /AV__ /l I. nem "c tux, 7u4 EESTAuRANT eF • fiP7A CC 5' ACCESS EASEMENT I I DEDICATED TO THE CITY (COMPACTOR ENCLOSUR ENCROACHMENT APPROV D BY CITY) . Walgreens #01993 Spokane Valley, WA LEASE EXHIBIT . I AL m. " A II SCALE: 1" = 60' -0" , JANUARY 207H 2004 STORMWATI RETEN'rtON ra, SITE PLAN The South 5.00 feet of Lots 1 and 2, STEWART'S SUBDIVISION OF BLOCK 164 OF OPPORTUNITY, per plat thereof recorded in Volume "R" of Plats, Page 41, City of Spokane Valley, Spokane County, Washington; EXCEPT the East 10.00 feet thereof; Exhibit D (Legal Description of Easement .Area) LEGAL DESCRIPTION Proposed Non - Exclusive 5' Easement January 23, 2004 AND EXCEPT that portion acquired by the State of Washington for Pines Road by Decree of Appropriation entered October 30, 1984, under Spokane County Superior Court Case No. 942013359. C:\D000MENTS AND SE \SCOTT E. ORA1NGER\MY DOCUMENT S1WORD1$POKANEPMESEASEMENT2.DOC L . t ; t t 0 0 0 SS' WA NE PLAY' Igo; r H S FASLYtll7 uruumtouunmmar[1111f11('] PARCEL mrn ;pm 71421 t4 wALGRt66 PAP.CG 4- 4- 27,tA VI'O 33 ..4114 C Pt ?77S DRAFT PROPOSED 5 EASEMEN SCALE: 1" 50'—Q JANUARY 5TH 200 TACO? ?N; PARCEi !ROTA PART) txISTL% TACO - nut RLSrAUxurr t 0 REMAD4 pt OYSTNG CUSS ACCES - b v UJ COSTING RLTAK G W7 F — H I lu w v z d s $TRL`E AS SHOWN F 6 2 _8 BWA MEMO WITJHERSPOON, KELLEY, DAVENPORT & TOOLE, P.S. TO: Mayor and Members of the City Council cc: Dave Mercier, City Manager, John Holman, Senior Engineer and Cary Driskell, Deputy City Attorney FROM: Stanley M. Schwartz, Attorney DATE: February 6, 2004 RE: Summary of Proposed Stormwater Ordinance I. INTRODUCTION This memorandum sets forth a summary of the proposed Stormwater Drainage Ordinance that relates to the permitting process, construction and maintenance of stormwater facilities. The Stormwater Ordinance follows the stormwater presentation to the City Council on January 20, 2004. II. SUMMARY OF DRAFT ORDINANCE 1. Recitals. The introductory paragraphs set forth the legal duty to control stormwater in order to protect the public health and safety. The recitals also recognize that the Ordinance provides for stormwater review and control with respect to the development of land. 2. Finding and Purpose. The purpose of the Ordinance is to control stormwater to protect surface and ground water resources, reduce the impact from increased surface water flow and protect public and private property. 3. Definitions. Key definitions are: "Best Management Practices" which provides for the most feasible and generally accepted techniques to mitigate the impact from stormwater. "Site Drainage Plan" is a plan that will show the stormwater facilities and "Threshold Requirements" identify the volume or peak flow of Stormwater that must be controlled. 4. Regulated Activities. This section identifies the "regulated activities" that will require stormwater review. The activities are: (A) grading of land in excess of five hundred cubic yards; (B) construction or addition to a building except a single family or duplex residence; (C) placement of impervious surface in excess of 5,000 square feet; or (D) the subdivision, short subdivision and binding site plan process set forth in City and State law. 5. Authority to Develop and Administer Standards. The Director is given the authority to develop and administer City standards that relate to best management practices and threshold requirements. The Developer also is required to follow a review process with respect to the "regulated activities." 6. Conditions of Approval. The Director may impose development requirements or Conditions of Approval for the regulated activities. The Conditions of Approval shall be based upon the City standards, the Site Drainage Plan or other relevant data. 7 Design Elements. The Drainage Facilities shall be designed so as to not impact adjoining lots or parcels unless agreed otherwise between the properties. This section also sets standards with respect to continuous swales adjacent to City streets and the location of ponds or swales that serve a large area. 8. Design Deviations and Appeal. The Director is authorized to grant a design deviation in order to promote flexibility with respect to theOrdinance or City standard. Deviations will be based upon sound engineering and best management practices. In the administration of the Ordinance a party has a right to appeal the Director's decision to a panel of three civil engineers. 9. Stormwater Drainage Facilities. This section provides that a Certificate of Occupancy shall not be issued until the stormwater drainage facility is certified as complete or a Performance Bond is posted. Following completion of the project, the developer (or landowner) shall post a Warranty Bond for a period of two years. Per City Standard the Warranty Bond is twenty percent of the estimated cost to repair the Stormwater Facility. 10. Inspection. The Director is authorized to inspect the Stormwater Facility. 11. Property Owner Responsibilities. The property owner is responsible for repair, restoration and maintenance of the Stormwater Facility. 12. Public Drainage Facilities. No person shall discharge "unauthorized waters" onto City property or right -of -way without permission. Unauthorized waters are defined as: the redirection of a natural water way, deposit of surface water containing sediment, or water discharged through industrial purposes. 13. Failure to Comply — Nuisance. The City may declare a nuisance for the placement, construction, or installation of any stormwater structure without permission of the Director or the failure to construct or maintain the same. The nuisance shall be abated through the nuisance procedures set forth in other City Ordinances. The remainder of the Ordinance contains boiler plate language with respect to severability and the effective date of the Ordinance. If the terms of this Ordinance are generally acceptable the City will prepare a SEPA checklist, make a SEPA determination and bring forward the Ordinance for first reading. G:1C'City of Spokane Valley 14324\Memnrandumc1MemoMayo 02.06- O4.doc i Meeting Date: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action 02 - 10 - 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 : Sidewalk Responsibility Discussion GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: 2h I3IRDSALL v. A13RAMS Feb. 2001 105 \'Jn. App. 24 There was no clear error. In. sum, the trial court's decision to impose costs solely because Richardson rejected the State's plea offer was improper. For that reason, we reverse that portion of the judgment and sentence. KENNEDY and AE'prLw1CK, JJ., concur. [No. 19242 -3 -III. Division Three. February 15, 2001.1 RAYMOND D. BnmSALL, Appellant, v. JERRY D. A awls, ET AL., Respondents. [13 Negligence Duty ol lc Question of Law or Fact. The existence of A duty is a qu 121 Negligence — Owner or Occupier of Land — Duty of Care — Public Sidewalks — Snow and Ice — Removal. Absent a statutory provision to the contrary, a real property owner has no c duty to clear naturally a umulated nnnowand ice from c ubl rc sidewalks abutting the property. ' A t p' p y portions of the sidewalk and not others is not under a duty to alter the naturally occurring accumulations of snow and ice on the uncleared portions of the aidewalik. [31 Municipal Corporations — Sidewalks — Snow and Ice Removal — Duty Imposed on Property Owners — Private Cause of Action. The existence of a city ordinance requiring real property owners to remove snow and ice from public sidewalks does not give rise to a duty of care by a property owner that would support a private cause of action by a pedestrian. Such an ordinance is for the benefit of the municipality in the discharge of its duties to the public and not for the protections of individual citizens by property - owners. Nature of Action: A pedestrian who slipped and fell on a public sidewalk sought damages for personal injury from the owner of the property fronted by the sidewalk. The section of the sidewalk where the plaintiff slipped and fell had not been cleared of snow and ice, although other sections had. Feb. 2001 BIRDSALL v. ABRAMS 105 Wn. App. 24 Superior Court: The Superior Court for Benton County, No. 98- 2- 00217 -1, Philip M. Raekes, J., entered a summary judgment in favor of the defendants on March 31, 2000. Court of Appeals: Holding that the defendants did not owe a duty of care to the plaintiff to keep the sidewalk clear of the naturally accumulated snow and ice, the court affirms the judgment. Eugene G. Schuster (of Critchlow, Williams & Schuster), for appellant. Christopher J. Kerley (of Keefe, King & Bowman, RS.), for respondents. LEXIS Publishing"' Research References 2001 Waah. App. LEXIS 283 • SwEF NEY, J. —This slip -and -fall case raises two questions. First, does a landowner who clears a portion of a public sidewalk owe a duty of care to a pedestrian who falls on the uncleared portion? No. Ainey v. Rialto Amusement Co., 135 Wash. 56, 68, 236 P. 801, 41 A.L.R. 263 (1925). Second, does a city ordinance requiring landowners to clear the public sidewalks adjacent to their land or face possible jail time provide injured pedestrians with a tort action against violating landowners? It does not, Gardner v. Kendrick, 7 Wn. App. 852, 853 -54, 503 P.2d 134 (1972). We therefore affirm the summary dismissal of Raymond D. Birdsall's damage claim. • FACTS 25 On February 13, 1995, Raymond Birdsall slipped and fell while walking on a public sidewalk in front of a building owned by Jerry Abrams, Charles Kunz, and Carlsberg Properties, Inc., doing business as Richland Office Build- ings Partners. Jerry D. Abrams Company managed the building. hereafter, the defendants will be referred to as allak BIRDSA.LL v. ABRAMS • Feb. 2001 105 Wn. App. 24 Mr. Abrams. The sidewalk had been cleared of snow and ice in one section, but not in the section where Mr. Birdsall fell. Mr. Birdsall filed suit against Mr. Abrams alleging he was negligent by not clearing the sidewalk in its entirety. Mr. Abrams moved for summary judgment. The court granted the motion. 26 ANALYSIS STANDARD OF RSV>BW. We review an order granting summary judgment de novo. We engage in the same inquiry as the trial court —is there a genuine issue as to any material fact and is the moving party entitled to judgment as a matter of law? We consider the evidence and the reasonable inferences therefrom in a light rnost favorable to the nonmoving party. Folsom u. Burger King, 135 Wn.2d 658, 663, 958 P.2d 301 (1998). Dun OF CARR. 11) Mr. Birdsall argues that Mr. Abrams had a duty to keep the sidewalk clear of snow and ice. He claims Mr. Abrams breached this duty and increased the risk by clearing only a portion of the sidewalk. Whether a duty exists is a question of law. Hutchins v. 1001 Fourth Ave. Assocs., 116 Wn.2d 217, 220, 802 P.2d 1360 (1991); Hostetler v. Ward, 41 Wn. App. 343, 349, 704 P.2d 1193 (1985). [2] Washington law is clear. Unless there is a statutory provision to the contrary, landowners have no duty to clear snow and ice from public sidewalks adjacent to their property. Bennett v. McGoldrick-Sanderson Co., 15 Wn.2d 130, 135 -36, 129 P.2d 795. (1942); Nadeau v. Roeder, 139 -. - Wash. 648, 650, 247 P. 951 (1926); Ainey, 135 Wash. at. 58. Mr. Birdsall argues a duty existed because the sidewalk was a common area controlled by Mr. Abrams. The cases he relies on, however, are readily distinguishable because they involve privately owned land. Iwai v. State, 129 Wn.2d 84, 87, 915 P.2d 1089, 74 A.L.R:Sth 711 (1996) (fall occurred'in parking lot owned by defendant,); Geise v. Lee, 84 Wn.2d f 27 Feb. 2001 BIRDSALL v. ABRAMS 105 Wn. App. 24 866, 867, 529 P :2d 1054 (1975) (fall occurred in privately owned trailer park); Sorenson u. Keith Udd.enberg, Inc., 65 Wn. App. 474, 475 -76, 828 P.2d 650 (1992) (fall occurred in privately owned parking lot). Here, there is no dispute that Mx. Birdsall fell while walking on a publicly owned side- walk. Mr. Birdsall next argues that Mr. Abrams is liable be- cause he increased the danger by clearing only a portion of the sidewalk. Landowners are liable for the artificial clan - gerous conditions they cause. James v. Burch.ett, 15 Wn.2d 119, 126 -27, 129 P.2d 790 (1942) (landowner liable for negligent placement of gravel on sidewalk); Col&is v. Buck & Bowers Oil Co., 175 Wash. 263, 265 -67, 27 P.2d 118 (1933) (landowner liable for allowing oil to spill on sidewalk); Nadeau, 139 Wash. at 649 -50 (landowner liable for frozen water on sidewalk that collected there through artificial means). Here, the snow and ice was accumulated naturally. Mr. Birdsall argues, nonetheless, that this naturally occurring danger was enhanced because Mr. Abrams cleared a portion • of the sidewalk, but not the entire sidewalk. Mr. Birdsall relies on Sorenson. In Sorenson, the plaintiff slipped and fell in a privately owned parking lot. Sorenson, 65 Wn. App. at 475 -76. Snow and ice had been plowed in the parking lot and piled in various locations. Id. at 476. One pile was placed in the middle of the lot on a sloping area. Id. at 476, 479 -80. The ice that caused the plaintiff to slip followed the melting of this pile of snow and then the refreezing of the runoff. Id. at 480. The court held there were facts indicating the natural accumulation had been altered, and the ice may have been caused through the negligent piling of the snow. Sorenson, 65 Wn. App- at 480 n_5. The court stated: "although a business owner ordinarily may have no duty to protect his or her invitees from the effects of a natural accumulation of ice and snow, if a mitigation of the hazard is undertaken, a BIRDSALL v. ABRAMS Feb. 2001 105 Wn. App. 24 duty arises to perform that mitigation in a nonnegligent manner? Id. at 479. We distinguish Sorenson on two grounds. First, the plaintiff there was an invitee on privately owned land. And second, the landowner in. that case took affirmative steps to alter the accumulation of snow and ice. The present case is factually similar to Ainey. In Ainey, the plaintiff was injured when he slipped and fell on a publicly owned sidewalk outside the defendant's movie theater. Ainey, 135 Wash. at 56 -57. The landowner had cleared the sidewalk adjacent to the theater's main entrance, but did not dear the sidewalk adjacent to the alley entrance. Id. at 57. The plaintiffs case was dismissed on a challenge to the sufficiency of the evidence. Id. On appeal, the court held the landowner owed no duty to the plaintiff: If the slippery condition of the alley sidewalk had been caused by something the respondent did, such as permitting a stream of water to flow over it and freeze, or throwing water upon the snow, then it would probably be liable in damages. The distinction is that, when the dangerous condition is caused by the elements only, there is no liability on the part of the property owner, but where he has done something to create or increase the danger, then he may be liable. Ainey, 135 Wash. at 58 -59. Additionally, the plaintiff in Ainey argued the landowner had a duty to clear the alley sidewalk because it had undertaken to clear the sidewalk adjacent to the front entrance. Ainey, 135 Wash. at 59. The court rejected the argument, stating: "(t]here was no legal duty on the (land- owner] to remove the ice or snow from the front aidewalle;"" and the mere fact that they did remove it imposed no duty upon them to remove it from the alley sidewalk." Id. Mr. Abrams did not alter the snow and ice where Mr. Birdsall fell. The snow and ice where Mr. Birdsall fell was a natural accainulation on a public sidewalk. There was, therefore, no duty of care, . 28 ., Feb. 2001 BIRDSALL v. ABRAMS 105 Wn. App. 24 29 THE RICHLAND ORDINANCE. Mr. Birdsall next claims that Mr. Abrams owed him a duty based on a city ordinance requiring landowners to clear public sidewalks of snow and ice. RicaLkan MuNicJPAJ, CODE (RMC) § 12.16.020. 131 Mr. Birdsall's argument is not novel. Every Washing- ton court that has considered this issue has held ordinances of this kind do not create a cause of action for injured pedestrians against landowners. See City of Seattle v. Shorroch, 100 Wash. 234, 245, 170 P. 690 (1918); Zellers v. Seattle Lodge No. 92 Benevolent & Protective Order of Elhs, 94 Wash. 32, 34 -35, 1611 834 (1916); Gardner, 7 Wn. App. at, 853 -54. Ordinances requiring landowners to clear snow and ice "are held to be for the benefit of the organized government, i.e., the municipality as an entity, and not for its individual citizens." Gardner, 7 App. at 853 -54. The Ninth Circuit carne to the same conclusion when examining a similar Montana ordinance. W. Auto Supply Agency v. Phelan, 104 F.2d 85, 87 (9th Cir. 1939). There, the court stated: " (ditch an ordinance is not intended for the protection of the public by the property owner, but as an aid to the city in discharg- ing its duty to the public." Id. • Mr. Birdsall attempts to distinguish the Richland ordi- nance hecauso it provides for imprisonment, for violations. RMC § 12.16.030. But the potential punishment does not alter the underlying purpose. There is no reason to conclude the Richland statute was intended to create a private cause of action against landowners merely because Richland may punish violators more harshly than other cities. The pur- pose is the same —to benefit the city, not individual citizens. Gardner, 7 Wn. App. at 853 -54. The ordinance does not t The Richland Municipal Code (RMCI punishes any violation of its ordinances with a potential fine of $5,000 or up to one year imprisunment.RMC § 1.30.010. 'Phis includes the failure to keep the outeide of a refuse container clean (RMC 4§ 15.12.060, 1524.0501, failure to keep a boat moorage site dean and free of brush, weeds, and debris (RMC §§ 6.08.080, 6.08.090); and the failure to keep signs maintained (RMC §4 27.08 - 0101x1(4), 27.12.030). 18 30 create an actionable duty. Affirmed. STA'T'E v. BRADLEY 1 \Vn. App. 30 SCt1tnrrHElS and XATO, JJ., concur. Feb. 2001 (No. 44799 -8 -1. Division One. February 20, 2001.1 THE STATE OF WASm r4oTO11, Respondent, V. RAY J. BRADLEY, '1, Appellant. l]] Searches and Seizures — Constitutional Provisions — State and Federal Provisions — Different Constructions — Privacy Interests. Const. art. I, § 7 is more protective than the Fourth Amendmont of an individual's right to privacy. [21 Searches and Seizures — Automobiles — Privacy Interest — In General. The Const. art. I, § 7 freedom from governmental intrusion into one's private affairs includes automobiles and their centento. [3] Searches and Seizures — Automobiles — Warrantless Search Validity — In Cieneral, A warrantless search of an automobile is per se unreasonable under Const. art.. 1, § 7 unless the search falls within a narrowly drawn exception to the warrant requirement. 14] Searches and Seizures — Warrantless Search -- Validity — Warrant Exceptions — Narrow Construction. Exceptions to the constitutional warrant requirement are narrowly construed. [51 Searches and Seizures — Warrantless Search — Validity — Burden of Proof. When the validity of a warrantless search is challenged in court, the State bears the heavy burden of proving that it is valid under a recognized exception to the warrant. requirement. [01 Searches and Seizures _ Automgbilee - Warrantless Search- - investigatory Stop — Validity —Suspect llandcufed and ' • Detained — Area Secured — No Passengers. The search of a suspect's motor vehicle ie beyond the scope of a valid investigatory stop if the suspect is handcuffed and detained within a police vehicle prior to the search, the surrounding area is secured, there is no need for the suspect to return to the vehicle, and there are no other passengers in the vehicle. 171 Appeal — Disposition of Cause — Affirmance on Other Grounds -- In General.. An appellate court may snnetain a trial 31 Feb. 2001 STATE v. BRADLEY 105 \Vn. App. 30 court'a ruing upon any ground supported by the record and the law. 181 Searches and Seizures — Automobiles — Warrantless Search — Incident to Arrest of Occupant — Scope — Passenger Compartment. Immediately utter a motor vehicle occupant is arrested, handcuffed, and placed in 0 police patrol car, the arresting officer tnay conduct a warrantless search of the pe senger compartment of the vehicle for weapons or destructible evidence. The search may include any area within the arrested person's resch immediately prior to or at the moment of the arrest The limitations on the search are that (1) it may not encompass a locked glovebox or locked oonteiner found in the passenger compartment, (2) itrmustbe contemporaneous with the arrest, and (3) it must occur while the suspect remains at the scene of arrest. (91 Searches and Seizures — Incident to Arrest — Probable Cause To Arrest — Prior to Arrest. A warrantless search maybe justified as a search incident to an arrest, even if the search is conducted before the arrest, so long as probable cause to arrest existed bcfaretho search began. [101 Arrest:— Probable Cause — What Constitutes —*In General. A police officer has probable cause to make a warrantless arrest when the facts and circumstances within the off'icer's knowledge are sufficiently trustworthy to cause a reasonable person to believe that an offense has been committed by the suspect. [111 Arrest — Probable Cause -- What Constitutes — Collective Knowledge. When police officers conduct a joint inquiry, the existence of probable cause to arrest is objectively determined by considering the cumulative knowledge possessed by all the officers involved in the investigation and arrest. Nature of Action: Prosecution for second degree unlaw- ful possession of a firearm and unlawful possession of a controlled substance. Superior Court: The Superior Court for King County, No. 98 -1- 09359 -1, Carol A. Schapira, J., entered a judgment of guilty on June 28, 1999. Court of Appeals: Holding that the search of the defen- dant's car was not a valid search incident to an investiga- tory stop, but that the search was valid as a search incident to arrest, the court affirms the judgment.. A. Mark Va.nderveen, for appellant. Noun Malenl, Prosecuting Attorney, and Catherine M. McDowall, Deputy, for respondent. Meeting Date: February 10, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent X old business ❑ new business ❑ public hearing information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed franchise for OneEIGHTY Networks, Inc. GOVERNING LEGISLATION: OPTIONS: Not granting the franchise. CITY OF SPOKANE VALLEY Request for Council Action PREVIOUS COUNCIL ACTION TAKEN: The Council has had several touches on this matter, including a first reading October 28, 2003. BACKGROUND: OneEIGHTY Networks expects to provide "last mile" fiber to houses and businesses that do not currently have fiber access. After the first reading, a representative from OneEighty called with concerns about the language in Section 4, subsection 4. They asserted that the old language could substantially interfere with their ability to enter long -term contracts with customers. After additional research and discussion by legal staff and public works with their counterparts from the City of Spokane, new language was arrived at. This new language is consistent with Washington law, and OneEighty Networks has approved it as well. The city would have access to four strands, of dark fiber under the same terms as provided for in the Columbia and EMAN franchises. The new language in this franchise will be put into a letter of understanding to Columbia and EMAN, in which the City would state that Section 4 sub 4 of those franchises would be interpreted to mean the new language, and require that EMAN and Columbia sign and return the letters. This would be in lieu of doing new franchises with those entities. RECOMMENDED ACTION OR MOTION: Move to put the ordinance on for second reading on February 24, 2004. - BUDGET /FINANCIAL IMPACTS: None in the foreseeable future. STAFF CONTACT: Cary P. Driskell ATTACHMENTS: (1) Proposed Franchise (2) change page OLD LANGUAGE 4- Subject to Subsection 1, the designation of either conduit or fiber shall be at the sole discretion of the City Manager, PROVIDED, Grantee may submit a written request to the City Manager asking himfher to advise of the City's election of conduit or fiber for a specific installation or area, whereupon the City Manager shall promptly designate a choice. In the absence of a response from the City Manager, the designation shall be deemed the fiber option- hi the event of expansion, upgrade, or major repair or maintenance operations affecting conduit installation or transmission capacity, the City may change or exercise its option as in the instance of an initial installation. NEW PROPOSED LANGUAGE . Consistent with Washington Ch. 83, laws of 2000, section 7, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights of way, the City Manager may require Grantee to provide the City with additional duct or conduit and related structures necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this Section shall only be used for City municipal purposes. A. The City shall riot require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. B. This section shall not affect the provision of an institutional network by a cable television provider under federal law, C. Grantee shall notify the City Manager at least 30 days prior to opening a trench at any location 10 allow the City to exercise its options as provided herein- City Manager shall notify Grantee within 10 days of notice from Grantee of the scheduled cut, or as otherwise agreed to in writing by the parties on a case -by case basis. 0 1'roposed OneEIGHTY franchise — C. Driskcll Draft 3 — 2 -10 -04 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASFIINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO OncEIGHTY NETWORKS, INC., TO CONSTRUCT, MAINTAIN AND OPERATE E CERTAIN FACILITIES WITHIN THE PUBLIC RIGHT -OF -WAY AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non - exclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; and WHEREAS, the grant of such non - exclusive franchises requires the approving vote of at least a majority of the entire City Council and publication at least once in a newspaper of general circulation in the City; and WHEREAS, the Council finds that the grant of the franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, does ordain as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: 1. "City Manager" shall mean the City Manager or his/her designee. 2. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. 3. "day" means a twenty -four (24) hour period beginning at 12:01 a.m. If a thing or act is to be done in less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. 4. "distribution system, system and lines" used either in the singular or plural shall mean and include the poles, conductor, pipe, mains, laterals, conduits, feeders, regulators, meters, fixtures, connections, and all attachments, appurtenances equipment and appliances necessary and incidental thereto or in any way appertaining to the distribution of the service or product and which are located within a right -of -way. 5. "facility" used either in the singular or plural shall mean any tangible component of the transmission and distribution system within the right of way or on public property, including supporting structures, located in the operation of activities authorized by this Franchise. The abandonment by Grantee of any facilities as defined herein shall not act to remove the same from this definition. S:k bainbridgc \Ordinancesloneeighty franchise - draft three 2- 10- 04.doc Page 1 of 14 Proposed OneEiGHTY franchise— C. Driskell Draft 3 — 2 -10 -04 6. "hazardous substances" shall mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar term, by any federal, state or local environmental statute, regulation, or ordinance or decision of a state or federal court or administrative agency or body, presently in effect or that may be promulgated in the future, and as such statutes, regulations and ordinances may be amended from time to time. 7. "maintenance, maintaining or maintain" shall mean the work involved in the replacement and /or repair of Facilities; including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. 8. "Permit:tee" shall mean a person or entity who has been granted a permit by the Permitting Authority. 9. "Permitting Authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights of way (ie. Obstruction Permits). 10. "product" shall refer to the item, thing or use provided by the Grantee. 11. "public property" shall mean any real estate or any facility owned by the City. 12. "right -of -way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or road right —of- way now or hereafter held or administered by the City. 13. "streets" or `highways" shall mean the surface of and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City "), hereby grants unto OneEiGHTY Networks, Inc., a Washington for profit corporation (hereinafter "Grantee "), a franchise for a period of ten (10) years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain replace and use all necessary equipment and facilities to place facilities in, under, on, across, over, through, along or below the public rights -of -way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "Franchise "). Section 3. Fee. No right -of -way use fee is imposed for the term of this Franchise. Any such right -of -way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. 1 Grantee agrees to grant to the City, at no cost to City, an indefeasible right of use of four (4) dark fiber strands at every location passed by Grantee's facilities within the boundaries S:\ cbainbridge \Ordinances\onceighty franchise - draft three 2- 10- 04.doc Page 2 of 14 Proposed Orie1;'f r rrehise C. IDriskell Drab 3 — 2 -10 -04 of the City, for sole and exclusive municipal rise or designation with access to any building or facility designated by the City. Said dark fiber shall be reserved For use by the City for governmental purposes, PIt.OVIDED, that as to the fiber resources granted to the City under the terms of this provision, the City agrees that it will not use such fiber as a public utility provider of telecommunications business service to the public, The City reserves the right to connect its four dark fiber strands to other fiber network providers, with the goal of achieving maximum connectivity for City purpose. 2. The City shall have the right to access by connection to the four dark fiber strands at any location sewed by this Franchise within the City !Units, The City shall provide at least 30 days written notice of intent to access Grantee's service. 3. The City shall pay all costs associated with constructing any City connection to Grantee's Franchise service. The City shall pray Grantee a rectu monthly charge of .20.00 per fiber pair per mile in use by the City unless otherwise specifically agreed by both the parties in writing. Said monthly recurring charge shall not be imposed until such time as the fiber is put into use by City. A fiber pair refers to two strands of cable. 4. Consistent with Washington Ch, 83, laws of 2000, section 7, at such time when Grantee is constructing, relocating or placing ducts or conduits in public rights of way, the City Manager may require Grantee to provide the City with additional duct or conduit and related structures necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this Section shall only be used for City municipal purposes. A. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. B. This section shall not affect the provision of an institutional network by a cable television provider under federal taw. C . Grantee shall notify the City Manager at least ]4 days prior to opening a trench at any location to allow the City to exercise its options as provided herein_ Section 5. Recover+ of Costs. Grantee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken throng the authority Q anted in this 'Franchise or any ordinances relating to the subject for which a permit fee is not established, Grantee shall pay such costs and expenses directly to the City. In addition to the above, Grantee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Grantee's facilities. Section 6. Non- Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further Franchises in, under, on, across, over, through, along or below any rights -of -way, streets, avenues and any other public lands and properties of every type and description. This and other franchises shall, in no way, prevent or prohibit the City from using any of its right-of-ways, roads, streets or other public properties or affect its jurisdiction over them or any part of them. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights -of- way, streets, avenues, thoroughfares and other public properties of every type and description. S:\cbairibridge\Ordirsarices\irneeighiy frtinchis - draft three 2- 10- 04.doc Page 3 o r 14 Proposed OncE!G1 -ITY franchise — C. Driskcll Draft 3 — 2 -10 -04 Section 7. Non- Interference with Existing Facilities. The City shall have prior and superior right to the use of its roads, streets, and alleys, and public properties for installation and maintenance of its facilities and other governmental purposes, and should in the sole discretion of the City a conflict. arise with the Grantee's facilities, the Grantee shall, at its own expense and cost, conform to the City's facilities and other government purposes of the City. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the lines and facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's system shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights of way by or under the City's authority. Section 8. Right to Roads Not Superseded. The City, in the granting of this Franchise, does not waive any rights which it now holds or may hereafter acquire, and this Franchise shall not be construed so as to deprive the City of any powers, rights, or privileges which it now has, or may hereafter acquire, including the right of eminent domain, to regulate the use and control of its roads covered by this Franchise, or to go upon any and all City roads and highways for any purpose including constructing, repairing, or improving the same in any such manner as the City, or its representatives may elect. The City shall retain full authoritative power in the same and like manner as though this Franchise had never been granted. Nothing in this Franchise shall be construed to prevent the City from constructing facilities, grading, paving, repairing and /or altering any street, or laying down, repairing or removing facilities or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as to not obstruct, injure or prevent the unrestricted use and operation of the facilities of the Grantee under this Franchise. If, however, any of the Grantee's facilities interfere with City projects, Grantee's facilities shall be removed or replaced. Any and all such removal or replacement shall be at the sole expense of the Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by the City Engineer's written notice to Grantee, the City may cause and /or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. Section 9. Commencement of Construction. Construction of the facilities contemplated by this Franchise may commence within ninety (30) days of the effective date of this Ordinance, provided that such time limit shall not apply to delays caused by acts of God, strike or other occurrences over which Grantee has no control. Failure to begin construction of facilities within one (I) year of this franchise shall automatically result in termination of this franchise. Section 10. Construction Standards. All facilities shall be installed in conformity with the plans and specifications filed with the City, except in instances in which deviation may be allowed in writing by the City Engineer pursuant to application by the Grantee. All plans and specifications shall specify the class and type of material and equipment to be used, manner of excavation, construction and installation, backfill, erection of temporary structures, erection of permanent structures, and the traffic control mitigation measures as provided by the Manual on Uniform Traffic Control Devices, or similar standards as may be applicable from time to time. The plans must meet all Federal, State, County and City Codes and the Utility Accommodation Plan Standards. Notwithstanding any provision herein to the contrary, any excavations and installations by the Grantee in any of the public properties within the corporate limits of the City shall be done in accordance with such reasonable rules, regulations, and resolutions of general application now enacted or to be SacbainbridgelOrdinances loneeighty franchise - draft three 2- 10- 04.doc Page 4 of 14 Proposed OneEIGFITY franchise — C. Driskell Draft 3 — 2-10-04 enacted by City Council, relating to excavations in public properties of the City, and authorized by the City Engineer. Said rules, regulations, authorizations, and resolutions shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its facilities. Grantee is responsible for the supervision, condition, and quality of the work clone, whether it is by itself or by contractors, assignis or agencies. Section 11. Special Construction Standards. During any period of work relating to Grantee's facilities, all surface structures and equipment, if any, shall be erected and used in such places and positions within or adjacent to public rights -of -way and other public properties so as to interfere as little as possible with the free passage of vehicular and pedestrian traffic and the free use of adjoining property. Grantee shall, at all times, post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City, conditions of permits, and laws and regulations of the State of Washington, specifically including RCW 39.04.1 S0 for the construction of trench safety systems. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this Ordinance, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches. provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's facilities or safety thereof. When deemed appropriate by the City, joint users may be required to contribute to the costs of excavation and filling. Section 12. Restoration After Construction. Grantee shall, after abandonment approved under Section 29 herein, or any other installation, construction, relocation, maintenance, or repair of facilities within the area of this Franchise, restore the surface of the right -of -way or public property to at least the currently adopted City standards or as required by the City Engineer through a right -of -way permit, depending upon special circumstances. Grantee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work within the area of this Franchise or other affected area at its sole cost and expense. Section 13. Damage and Non - Compliance. Any and all damage, or injury, done or caused to City right -of -way, City facilities, or any portion thereof in the construction, operation, maintenance or repair of Grantee's facilities shall be immediately repaired and reconstructed to the satisfaction of the City Engineer. In the event the Grantee shall fail, neglect, or refuse to immediately repair and reconstruct said damage or injury to said City right - of - way or facilities, the same may be done by the City and the cost and expense shall be immediately paid by the Grantee to the. City. if it is discovered by the City that Grantee has damaged, injured, or failed to restore the right -of- way in accordance with this Franchise, the City shall provide the Grantee with written notice including a description of actions the City believes necessary to restore the right -of -way. If the right -of -way is not restored within ten (10) days' from written notice, the City, or its authorized agent, may restore the right - of-way and facilities. The Grantee is responsible for all costs and expenses incurred by the City to repair and restore the right -of -way and facilities in accordance with this Franchise. The rights granted to the City under this section shall be in addition to those otherwise provided by this Franchise. Section 14. Protection of Monuments. Before any work is performed under this Franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads, and all other surveys, the Grantee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Grantee's operations under this Franchise. The method of referencing these monuments or other points to be referenced shall be approved by the City Engineer. All concrete encased recorded monuments which have been disturbed or displaced by S:\ chainbridgc \Ordinances\onecighty franchise - draft three 2- 10- 04.doc Page 5 of 14 Proposed OneIAGHTY franchise —C. Driskell Draft 1 -- 2 -10 -04 such work sha€I be restored pursuant to State and Federal standards and specifications. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as the conditions permit, and as directed by the City Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of approved monuments and other marker tics which have been re- established or disturbed steal€ be borne by the Grantee. Section 15. Drainage. if the work dome under this Franchise interferes in any way with the drainage of a City right -of -way, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference to the drainage to the satisfaction of the City Engineer. Section 16. Obstruction Permits Required. Whenever Grantee shall occupy or excavate in any pubic right -of -way or other public property for the purpose of insta€€ation, construction, repair, maintenance or relocation of its facilities, it shall apply to the City for at permit to do so, together with detailed plans and specifications showing the position, depth, and location of all such facilities in relation to existing rights-of-way, roads, streets, or other public property, hereinafter collectively referred to as the "Plans." All work within any public rights -of -way or on other public property shall be pursuant to a valid permit The facilities shall be installed or constructed in exact conformity with said Plans except in instances in which deviation may be allowed by the City, in writing, in response to written application by Grantee. The Plans shall specify the class and type of material and equipment to be used, manner of excavation, construction, installation, back i[1, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and ail other necessary information including a schedule for the work. During the progress of the work, Grantee shall not unnecessarily obstruct the passage or proper use of the rights-of-way. Grantee shall file as-built plans and maps with the City showing the foal location of the facilities. All restoration of rights -o1 -way, roads, streets, storm drainage and the surface of other public property shall be in conformance with City standards, and conditions of the permit. Section 17, Maintenance_ Grantee shall provide and put in use all facilities necessary to contra€ and carry Grantee's product's so as to prevent injury to the City's property or property belonging to any person within the City. Grantee, solely at its own expense, shall repair, renew, change, and improve said facilities from time to time as may be necessary to maintain the same in good condition. Grantee shall not construct its facilities in a manner that requires any customer to install cables, ducts, conduits, or other facilities, in, under, or over the City's rights- of -way, Section B. • Emergency Response_ The Grantee shall, within six months of the execution of this Franchise by the Grantee, prepare and file with the City and adhere to an Emergency I'vianagement Plan (the "Plan ") for responding to any spill, break, or other emergency condition, The PEan shall designate responsible officials and emergency 24 -hoer on -ca]] personnel and the procedures to be followed when responding to an emergency. When developing such Plan, the Grantee shall work . with the City Engineer and the City's .Police: Department to determine vrrhen and how the same should be contacted during emergencies. After being notified of an emergency, Grantee shall cooperate with the City and make every effort to immediately respond with action to minimize damage and to protect the health and safety of the public. In the event the Grantee refuses to promptly take the directed action, or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or properly, the City may take such actions as it believes are necessary to protect persons or property and the Grantee she if be responsible 1:o reimburse thc City for its costs and any expenses. Section 19. Emergencv Work_ In the event of any emergency in which any of Grantee's facilities break, are damaged, or if Grantee's facilities or construction areas are otherwise in such a S; lcbainbridge \Orrii nnn ccsloncci rrauclhi6e - draft three 2 -! 0- 04,doc Page 6 of 14 Proposed One iGHTY Franchise — C. Drisket] I] rai i 3 —2-10-04 condition as to immediately endanger any property, life, health, or safety, Grantee shall immediately inform the City of the location and condition and shall immediately take all necessary actions to repair its facilities, and to cure or remedy any dangerous conditions. Such emergency work may be commenced without first applying for and obtaining a permit as required by this Franchise_ i-lowever, this provision shall not. relieve Grantee from the requirement of obtaining any permits necessary for this purpose, and Grantee shall apply for all such permits not later than the next succeeding day during which the City is open for business. Section 2fF. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes_ Grantee shall comply with the terms and conditions set forth in the One. -Call statutes. Section 2.1. Inspections and Fees. All work performed by Grantee shall be subject to inspection by and approval of the City. The Grantee shall reimburse the City for all expenses incurred by the City i11 the examination, inspection, and approval of Grantee's work. Such ]reimbursement shall be in addition to any other teas or charges levied by+the City. Section 22. Safety, The Grantee, in accordance with applicable federal, state, and local safety rules and regulations, shall, at all times, employ ordinary care in the installation, abandonment, relocation, construction, maintenance, and /or repair. utilizing methods and devices commonly accepted in their industry of operation to prevent failures and accidents that are likely to cause damage, injury, or nuisance to persons or property. All of Grantee's facilities in the right - of-way shall be constructed and maintained in a safe and operational condition_ Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the facilities. Section 23. .13ui[ding Moving_ Whenever any person shall have obtained permission from the City to use any right —of-way for the purpose of moving any building or other oversized structure, Grantee, upon fourteen (]4) days' written notice from the City, shall raise or remove, at the expense of the Permittee desiring to move the building or structure, any of Grantee's facilities that may obstruct the' movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's facilities, as determined by the City. Upon good cause shown by Grantee, the City may require more than ]4 days' notice to Grantee to move its facilities_ Section 24. Acquiring. New Facilities_ Upon Grantee's acquisition of any new facilities in the rights -of -way, or upon any addition or annexation to the City of any area in which Grantee retains any such Facilities in the rights - of - way, the Grantee shall submit to the. City a written statement describing all facilities involved, whether authorized by Franchise or any other form of prior right, and speciFying the location of all such facilities, Such facilities shad immediately be subject to the terms or this Franchise. Section 23. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, eonstruction, repair, maintenance, or relocation of facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining right -of -way, road, street: or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time., In the event that Grantee fails or refuses to promptly take the actions directed by the City or fai Is to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary safety precautions; and Grantee shall be liable to the City for all costs S,\ cbainbridgc \Ordinance:loneeighly franchise - draft three 2- 10- 04,doc Page 7 of 14 Proposed OneEIGHTY franchise —C. Driskell Draft 3 — 2 -10 -04 and expenses thereof. Section 26. Hazardous Substances. Grantee shall comply with all applicable state and federal laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's facilities in the right —of -way. Grantee shall maintain and inspect its facilities located in the right -of -way. Upon reasonable notice to Grantee and in the presence of an authorized representative of Grantee, the City may inspect Grantee's facilities in the right - of-way to determine if any release of hazardous substances has occurred, or may occur, from or related to Grantee's facilities. This inspection is not to remove the burden of inspection from the Grantee on a periodic basis of.its facilities for hazardous substances, nor is to remove the responsibility of the hazardous substance from the Grantee. In removing or modifying Grantee's facilities as provided in this Franchise, Grantee shall also remove all residue of hazardous substances in compliance with applicable environmental clean -up standards related thereto. Grantee agrees to forever indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its facilities within the City's right -of -way. Section 27. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and /or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the Franchise or subsequent to its termination. Section 28. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its facilities when so required by the City by reason of traffic conditions or public safety, dedications of new rights -of -way and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of their facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then- existing facilities, the City shall: a) At least sixty (60) days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and b) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's facilities so that Grantee may relocate its facilities in other City rights-of-way in order to accommodate such improvement project. c) After receipt of such notice and such plans and specification, Grantee shall complete relocation of its facilities at no charge or expense to the City so as to accommodate the improvement project at least ten (10) days prior to commencement of the project. S: Ecbainbridgc \Ordinancesloneeighty franchise - draft three 2- I0- 04.doc Page 8 of 14 Proposed OncEIGHTY franchise. —C. Driskell Draft 3 — 2 -10 -04 Grantee may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives is suitable to accommodate the work which would otherwise necessitate relocation of the facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. in the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its facilities as otherwise provided in this Section. The provisions of this Section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 29. Abandonment of Grantee's Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City. Any plan for abandonment or removal of Grantee's facilities must be first approved by the City, and all necessary permits must: be obtained prior to such work. Section 30. Records. As a condition of this Franchise, and at its sole expense, Grantee agrees to provide the City with available as -built plans, potential improvement plans, field locates, maps, plats, specifications, profiles, and records of its facilities within City rights—of-way upon request. Such documents shall be provided upon request by Grantor within five business days of Grantor's request. These records shall be in a digital electronic format acceptable to the City, unless the City Engineer deems it to be a hardship to the Grantee, in which case a hard copy in a format acceptable to the City Engineer shall be provided. To the extent such requests are limited to specific facilities at a given location within the Franchise area in connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such facilities. Grantee shall field locate its facilities in order to facilitate design and planning of City improvement projects. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its facilities within the Franchise area; provided, however, any such plan so submitted shall be for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the Franchise area. The parties agree to periodically share Geographic Information System (GIS) files at the Grantor's disposal. Any files provided to Grantee shall be restricted to information required for Grantee's engineering needs for installation, repair or replacement of facilities that are the subject of this franchise. Grantee is prohibited from selling any GiS information obtained from City to any third parties. Public Disclosure Act: Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in chapter 42.17 RCW. Grantee shall mark as "CONFIDENTIAL" each page or portion thereof of any documentation /information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to provide the Grantee with a copy of any public disclosure request to inspect or copy documentation /information which the Grantee has provided to the City and marked as "CONFIDENTIAL" prior to allowing any inspection and /or copying as well as provide the Grantee with a time frame, consistent with RCW 42.17.320, to provide the City with its written basis for non- disclosure of the requested documentation/information. In the event the City disagrees with the S: lcbainbridge \0rdinances\oneeighty franchise - draft three 2- 10- 04.doc Page 9 of 14 Proposed OneEIGl-tTY franchise — C. Driskell Draft 3 — 2 -10 -04 Grantee's basis for non - disclosure, the City agrees to withhold release of the requested documentation/information in dispute until the Grantee can file a legal action under RCW 42.17.330. Section 31. Limitation on Future Work. in the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street for a period of five (5) years absent emergency circumstances, unless otherwise agreed by the City. Section 32. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend franchise facilities. Any such refusal shall be supported by a written statement from the City Manager or his designee that extending the franchise facilities, as proposed, would interfere with a public use, either current or future. Section 33. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and /or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 34. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. Section 35. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights.granted by this Franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving thirty (30) days written notice to the grantee, terminate this Franchise with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to the grantee by reason of such termination. Section 36. Indemnification. Grantee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing services under this Franchise are the proximate cause. Grantee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee might otherwise have immunity under Title 51 RCW, arising against the City solely by virtue of the City's ownership or control of the rights -of -way or other public properties, by virtue of Grantee's exercise of the rights granted herein, or by virtue of the City's permitting Grantee's use of the City's rights -of -way or other public property based upon the inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this Franchise or pursuant to any other permit or approval issued in connection with this Franchise. This covenant of indemnification shall include, but not be limited by this reference, to claims against the City arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing adequate warnings of any excavation, construction, or work in any public right-of-way or other public place in S;l cbainbridgelOrdinances \oneeighty franchise - draft three 2- 10- 44.doc Page 10 of 14 Proposed OncEIGHTY franchise — C. Driskcll Draft 3 — 2 -10 -04 performance of work or services permitted under this Franchise. Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. In the event that Grantee refuses to accept the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court. having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this indemnification clause. Should a court of competent jurisdiction (or such other tribunal that the parties shall agree to decide the matter) determine that this Franchise or work conducted under authority of this Franchise, is subject to RCW 4.24.115, then, 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 Grantee and the City, its officers, employees and agents, Grantee's liability hereunder shall be only to the extent of Grantee's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Grantee's waiver of immunity under Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section 36 shall survive the expiration or termination of this Franchise agreement, for a period of three (3) years. Section 37. Insurance. Grantee shall procure and maintain for the duration of the Franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Grantee shall provide a copy of such insurance certificate to the City for its inspection prior to the adoption of this Ordinance, and such insurance shall evidence: 1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. Such liability insurance shall only be required from Grantee for vehicles owned or controlled by Grantee. Any contractor hired by Grantee to perform labor in the performance of this franchise shall be required to obtain auto insurance as stated in this subsection; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than 51,000,000 Combined Single Limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. Any deductibles or self - insured retentions must be declared to and approved by the City. Payment of deductible or self - insured retention shall be the sole responsibility of Grantee. Recognizing the term of this Franchise, the City Manager may unilaterally adjust the insurance liability limits to reflect the degree of risk and market conditions. The insurance obtained by Grantee shall name the City, its officers, employees and volunteers as insureds with regard to activities performed by of on behalf of Grantee. The coverage shall contain no S:l cbainbridge \Ordinanceslonccighty franchise - draft three 2- 10- 04.doc Page 11 of 14 Proposed OneEiGF.ITY franchise — C. Driskell Draft 3 -2 -10-04 special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. In addition, the insurance certificate shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Grantee's insurance shall be the primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of Grantee's insurance and shall not contribute to it. The insurance certificate required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 38. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of Grantee's obligations under this Franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Section 39. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Section 40. Compliance With New Regulations. The City reserves for itself the right to change, amend, modify, or amplify this Franchise to conform to any state statute, or Spokane County and /or City regulation, Utility Accommodation Plan, or right of way regulation, State and National Codes, Standards, and Regulations as may hereafter be enacted, adopted or promulgated. if the Grantee fails to comply with its terms and conditions, or if the Grantee fails to comply with such changes, amendments, modifications, and /or amplifications, this Franchise may be terminated at any time upon ninety (90) days' written notice to the Grantee to terminate this Franchise and upon termination the City shall have a lien upon all equipment and materials erected or placed under this Franchise, which lien may be enforced to reimburse the City for any reasonable expenses and payments incurred in terminating this Franchise and to cure defaults by the Grantee. Section 41. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this Franchise, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this Franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 42. Assignment. This Franchise may not be assigned or transferred without the written approval of the City. For purposes hereof, the grant of any security agreement or security interest in the facilities of the Grantee to secure any financing or refinancing, shall constitute an assignment of this Franchise for which written approval would he required. In the case of the transfer or assignment as collateral for a mortgage or other security instrument in whole or in part to secure indebtedness, such SA cbiinbridgc \Ordinanceslonceighty franchise - draft three 2- 10- 04.doc Page 12 of 14 Proposer! Oriel franchise --C_ I)riskell Draft 3 — 2 -10 -04 consent shall not be required unless and until the secured party elects to realize upon 1:he collateral. Grantee shall provide prompt, written notice to the City of any such assignment. Section 43. Acceptance. Not ]ater than thirty (30) days afier passage and publication of this Ordinance, the Grantee must accept the Franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this Franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the five day period, absolutely cease, 41n1ess the time period is extended by ordinance duly passed for that purpose. Section 44. Survival. A][ of the provisions, conditions and requirements of Sections: 4, 5, [3, 25, 26. 36 and 48 of this Franchise shall be in addition to any and an other obligations and liabilities Grantee may Intvc to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this Franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, Successors, executors, administrators, legal representatives and assigns of Grantee and all privileges, as well as all obligations and liabilities of Grantee shall inure to its heirs, successors and assigns equally as if they i.vcre specifically mentioned wherever Grantee is named herein. Section 45. Severabiliiy. 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. In the event that any of the provisions of the Franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the Franchise and may amend, repeal, add, replace or modify any other provision of the Franchise, or may terminate the Franchise. Section 46. Renewal. Application for extension or renewal of the term of this Franchise shall be made no later than one year before expiration thereof. In the event the time period granted by this Franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this Franchise is either renewed or terminated by the City. Section 47. Notice. Any notice or information required or permitted to be given by or to the parties under this Franchise may be sent to the following addresses unless otherwise specified, in writing: The City: With a Copy to: City of Spokane Valley Public Works Director 1 1707 F._ Sprague Spokane Valley, WA 99206 Grantee: City of Spokane - Valley Attu: City Clerk 11707 F_. _Sprague Spokane Valley, WA 99206 One.Eighty Networks, [ne. 118 North Stevens Spokane, WA 99201 Phone: (509) 688-8180 I -ax: (509) 688 -8110 5; kbainbridge \Otdinanceskeneeighty rramchise - draft three 2 -] 0- 04.doc Page 13 of 14 Proposed OneEIGHTY franchise — C. Driskell Draft 3 — 2 -10 -04 Section 48. Choice of Law. Any litigation between the City and Grantee arising under or regarding this Franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 49. Non - Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this Franchise by reason of such failure or neglect. Section 50. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This Franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the County roads as herein described. Section 51. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. ATTEST: PASSED by the City Council this day of February, 2004 Christine Bainbridge, City Clerk Approved as to Form: Cary P. Driskell, Deputy City Attorney Date of Publication: Effective Date: Accepted by OneE1GHTY Networks, Inc. By: . General Manager Michael DeVleming, Mayor The Grantee, OneEIGHTY Networks, Inc., a corporation, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, has sigmed this day of , 2004. Subscribed and sworn before me this day of , 2004. Notary Public in and for the State of Washington, residing in My commission expires Sa cbainbridge\Ordinuncestonecighty franchise - draft three 2- 10- 04.dac Page 14 of 14 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 10, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent X old business new business 0 public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Towing Regulations Update GOVERNING LEGISLATION: RCW 46.55 PREVIOUS COUNCIL ACTION TAKEN: Staff has discussed towing - related issues with the Council on several occasions over the past three months, particularly in relation to implementing Ordinance No. 67, the Junk Vehicle Ordinance. The Council had a first reading on 1- 13 -04. BACKGROUND: Following the first reading, staff received a number of calls from tow operators located outside of Spokane Valley that had questions about how the proposed ordinance would impact them. Most of the questions centered around whether the proposed ordinance would require those businesses doing private impounds in Spokane Valley to have a storage yard in our city. This is a policy issue best left to the Council. Staff has outlined the issue in the attached memo, including several pro's and cons. RECOMMENDED ACTION OR MOTION: Request that the Council choose whether to require tow operators doing private impounds (as well as those doing public impounds) have a storage yard located within our city limits. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Memorandum regarding tow ordinance Sio . Memorandum To: Dave Mercier, City Manager; and to the City Council From: Cary P. Driskell, Deputy City Attorney 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhatt @spokanevalley.org CC: Nina Regor, Deputy City Manager; Kevin Snyder, Current Planning Manager Date: January 22, 2004 Re: Towing Ordinance - Policy choices Staff presented a draft Towing Ordinance on January 13, 2004. Since that time, we have received a number of additional comments and concerns about the draft, including numerous questions regarding who the Ordinance would apply to. The question and analysis are as follows: ISSUE On public impounds (those initiated by the police or pursuant to the Junk Vehicle Ordinance), the tow operator performing the impound must have its storage yard located in the City of Spokane Valley. The rationale, orally approved by the Council 1- 13-04, is one of convenience. It is not convenient for a person who has had their vehicle towed at the direction of the police to go, for example, to North Division at the "Y" to pick it up. A number of the tow operators that do not have a yard in Spokane Valley, but who do pr ir here, are asking that the requirement of having a storage yard in our city only apply to public iunpou.nds, but not private impounds. An example of a private impound is where a private parking lot is posted with a "no parking" sign, "violators will be towed ", and it will have the name of a local towing business. Many local towing businesses perform this service, many of which are not located in our city limits. The proposed ordinance, as currently drafted, requires under Section 9 that any impound requires the presence of a storage yard (and business office) in the City. The arguments for requiring a storage yard for private impounds include: a. It would be just as inconvenient for our residents to go pick up a vehicle on North Division at the "Y" on a private impound as it would be on a public one; b. Any tax revenue on all impounds would be attributable to Spokane Valley. It is unlikely that tow operators from outside the city report that the "transaction" originated in Spokane Valley when that does happen; and c. if a business wants to do impounds in Spokane Valley, they can open a storage yard in the city. The arguments as stated by some operators for not having a storage yard here include: a. Although there are 8 -9 nine tow operators with storage yards currently in SV, there are few places properly zoned in SV to site new yards; b. Not being able to locate a storage yard in SV may affect existing contracts between tow operators and private businesses fbr private impounds; and c. The City Attorney for Everett informed me today that the tax revenue raised from public and private impounds is not substantial. The policy question is thus: Should tow operators doing private impounds be required to have a storage facility ll'ithin our city limits? One possible compromise, to mitigate any impact to the argument that requiring a storage facility in the city limits would impair contract rights between towers and private businesses, could be to not impose the requirement of having a storage yard here until after December 31, 2005, or some other date sufficiently in the future to allow a tow business to locate a storage yard here. It would also give. the City an opportunity in the Comprehensive Plan process to look at whether additional sites are needed to locate such facilities. Given that we already have approximately nine, it may he that the City does not need to provide many more vacant sites. There were two other issues 1 was prepared to ask. One of them involved whether the City should require minimal levels of insurance from those performing impounds (public and private) in the city limits. 1 spoke with Peg Campbell at WCIA today about this. She said WCIA would strongly recommend requiring at least $ 1,000,000.00 per event coverage for those tow operators performing public impounds. This is primarily because they are being performed at the request of the City. If something went wrong, we would need that coverage. Given WCIA's position on this, it did not appear that there were any policy decisions to make on the issue of insurance. Also, staff determined there is lik.ely no need for the City to require minimum levels of liability insurance for those companies only doing private tows and impounds. The City does not regulate other private industries in this fashion, particularly where the transactions are purely private. Kevin Snyder, Cun Planning Manager, has provided a brief outline of the zoning implications mentioned above. That document is included in this packet as well. Lastly, is whether the City is concerned with regulating all businesses performing towing functions in the City, or whether it should be confined to those doing public impounds. However, the private tows unrelated to impounds appear to be purely natters of private contract that have no apparent need to be regulated by the City, particularly in that the State already requires certain registration and insurance from tow operators state -wide. Please let me know if you have any questions or comments. Cary P. Driskell Spoka oasol\e, ne .. Valley Memorandum To: Cary Driskell, Deputy City Attorney From: Kevin Snyder, AICP, Current Planning Manager Date: January 29, 2004 Re: Towing Impound Yards, Public or Private 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhall @spokanevalley.org This memorandum responds to your request for information on how the current Spokane Valley Interim Zoning Code addresses towing impound yards, public or private. I have reviewed Chapter 14.605 (Residential Zones Matrix), Chapter 14.623 (Business Zones Matrix) and Chapter 14.629 (Industrial Zones Matrix) as well as affiliated chapters. I did not identify towing impound yards, public or private as a specified use in the current Code. Section 14.604.140 (Zoning Matrix - General) states that non - listed land uses that resemble identified uses in terms of intensity and character, and that are consistent with the purpose of the Code and individual zone classification shall be considered as a permitted or non - permitted use within a general zone classification matrix or zone, subject to the development standards for the use it most nearly resembles. Based on the standards of Section 1604.140, a public or private towing impound yard would most closely resemble general outdoor storage in terms of intensity and character. General outdoor storage land uses are specified in Chapter 14.629 (Industrial Zones Matrix) as permitted in the Industrial Park (1 -1), Light Industrial (1 -2), and Heavy Industrial (1 -3) zoning designations, subject to conformance with the applicable development standards of each of these zones. General outdoor storage is not specified as a land use in Chapter 14.605 (Residential Zones Matrix) or Chapter 14.623 (Business Zones Matrix). Greg McCormick, Long Range Planning Manager, has advised that currently within the City limits there are 18.28 acres of 1 -1 zoned land, 2,427.45 acres of 1 -2 zoned land and 2,464.64 acres of 1 -3 zoned land. The current disposition of these properties is not available. Please let me know if you need additional information on this matter. Spokane Valley Planning Commission Approved Minutes Council Chambers — City Hall 11707 E. Sprague Ave. January 8, 2004 T. CALL TO ORDER Ian Robertson, Planning Commission Vice Chair, called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. III. ROLL CALL Fred Beaulac — Present Bob Blum — Present David Crosby — Present Gail Kogle — Present VI. PUBLIC COMMENT There was no public comment. Bill Gotlunann — Excused Absence Ian Robertson — Present John G. Carroll — Present IV. APPROVAL OF AGENDA Commissioner Robertson moved that the agenda be approved as presented. Commissioner Crosby seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES Commissioner Blum requested that his name be stricken from the December 18, 2003 meeting record as having made the motion to approve the minutes of the December 11, 2003 Planning Commission meeting, since he was absent. Commissioner Crosby stated that he made that motion. It was moved by Commissioner Kogle and seconded by Commissioner Beaulac that the minutes of the December 18, 2003 Planning Commission meeting be approved as amended Motion passed unanimously. VII. COMMISSION REPORTS Commissioner Kogle attended a Citizen's Advisory Committee for Transportation recently. The Light Rail was discussed, and Option #4 was deemed the most favorable option. She. will bring a copy of Option #4 to the Conunission when one becomes available. VITT. ADMINISTRATIVE REPORT Tonight will be a continuation of the Public Hearing on the Floodplain Ordinance. The Commission will also hold the first discussion on a proposal to adopt the International Building Code. This will be the beginning of a new two -phase approach. The first phase will be to "clean up" the code, the second phase will be to propose substantive changes down the road as amendments. `there will he a Joint Planning Session with the City Council and Planning Commission next Thursday, January 15 from 3:00 to 5:00 p.m. in the Council Chambers. Commissioners present confirmed they would be in attendance at the planning session. IX. COMMISSION BUSINESS A. OLD BUSINESS: Continuation of Floodplain Ordinance Public Hearing Commissioner Robertson declared the Public Hearing open at 6:38 p.m. Director Sukup gave a brief overview of the Spokane Valley's Floodplain and the need for the proposed ordinance. She pointed out that there are only two provisions in the proposed Spokane Valley Ordinance which differ from those of Spokane County: the requirement for a crawl space with a footprint one -foot higher than base flood elevation for manufactured housing; and the prohibition of impervious cover without completion of an engineering study. The City of Spokane Valley can't begin the one -year waiting period to obtain acceptance of its own National Flood Insurance Program until the City Council adopts this Floodplain Ordinance. Existing flood insurance policies will be continued under the umbrella of Spokane County NFIP participation during this one -year waiting period. Since the first Public Hearing on the Floodplain Ordinance at the December 11, 2003, Planning Commission meeting, staff has researched the Commission's question regarding the proposed requirement for a performance bond. Staff determined that enforcement of the provision is better effected through changing procedural requirements to secure elevation certificates as part of the building permitting process, so the provision was deleted. Commissioner Carroll asked for clarification of the definition for Critical Facility. Ms. Sukup explained to him that the definitions used in the Spokane Valley ordinance are FEMA definitions. Commissioner Robertson opened the Hearing to public comment at 6:48 P.m. Wayne Frost, 3320 N. Argonne Road, Spokane Valley, WA Mr. Frost works for Inland Empire Paper Company, which owns a great deal of land within the city limits. Before his present work, he was a trained Civil Engineer. 2 He stated that he is in favor of a Floodplain Ordinance for the City of Spokane Valley, but had the following observations: 1. Page 7. Section 5.04.04.5: Interpretation of Firm Boundaries — Section 5.04 generally establishes the responsibilities of the Floodplain Administrator, including the responsibility for interpreting boundaries. He stated that FEMA maps contain errors, and would like a provision in the ordinance that would allow citizens to go to planning staff to handle FEMA map errors instead of requiring them to go to the Hearing Examiner for resolution. 2. Page 13, Section 5.06.11, Items 2 & 3: Relating to construction of "water dependent works ". Mr. Frost objected to language that requires "a professional civil engineer registered as such by the State of Washington "to certify" (emphasis added) work that will withstand 100 - year flood flows and velocities or cause no increase in the 100 -year flood elevation ". 3. Page 7, Section 5.05.01, Item 1.vi. Relating to procedures for variances. Mr. Frost does not believe that the Hearing Examiner should be allowed to consider alternative locations in considering approval of a variance to specified construction. He thinks that there will always be an alternative location, and thinks that this provision will be used to delay construction at the desired site(s). 4. Page 10, Section 5.06.07. Relating to the issuance of building permits in areas where elevation data is not available. Mr. Frost objected to the discretion allowed the Floodplain Administrator to require a minimum floor elevation two feet above adjacent natural ground surface. He also questioned the wisdom of noting that insurance rates would be adversely affected by a lower elevation. 5. Page 12, Section 5.06.09(5). Relating to requiring the consent of adjacent property owners impacted by a rise in base flood elevation resulting from a project. Mr. Frost felt that this item is open to interpretation. It would require adjacent impacted property owners to provide written, notarized approval for increased base flood elevations upon their property as a condition of approval. 6. Page 14, Section 5.06.13. Relating to local amendments requiring a study by a registered engineer verifying that a proposed development located within specific areas would have no impact. 7. Page 14, Section 5.06.14. Relating to requirements for construction of "Critical Facilities" in the floodplain. He noted that provision requires floor elevation of three feet "above BFE" or to the height of the 500 year flood, whichever is higher. . The Public Hearing was closed to further public comment at 7:20 p.m. The Commission asked Director Sukup if one, two or three feet made a big difference in Floodplain insurance rates. Ms. Sukup explained that any construction that goes beyond the minimum FEMA standards to insure safety and stability makes a very big difference in rates. Flood Insurance is the only insurance that is provided by the federal government. The proposed Floodplain Ordinance is to assure safe construction, it is not driven by insurance rates. She noted that the Floodplain Administrator is required to maintain records of floor elevation for structures located in the 100 -year floodplain. This information drives the rate of insurance. B. NEW BUSINESS: Study Session — Sign Code Revision Mr. Kuhta briefed the Commission on a Sign Code Text Amendment for hospitals within the UR -22 Zone. The applicant requested the code text amendment to allow greater flexibility in size and location of signage for hospitals. Code changes would be made on page 804 -4, section 14.804.070, item 3.a.ii with the deletion of the word "hospital "; and in the two tables on page 804 -5, item 3.b.i and 3.c.i. to include new language specifically for hospitals in UR -22 zones. Commissioner Beaulac asked if this code would have to be changed if the zoning around the hospital changes. Mr. Kuhta responded that if the zone around the hospital changes, staff would assure that hospital needs would be addressed. Commissioner Carroll asked why the applicant didn't request a variance instead of a code text amendment. Mr. Snyder explained that the variance was offered as an option to the applicant, but the applicant chose to pursue a code text amendment. Commissioner asked staff if it would still be more reasonable to give the applicant a variance until we could create a suitable zone for hospital facilities. Mr. Kuhta reminded the Commissioners that they will have an opportunity to discuss this issue with the applicant at the January 22 Public Hearing. A Staff Report will be forwarded to the Commission on this subject as well. Study Session — International Building Codes Mr. Tom Scholtens, City of Spokane Valley Building Official, was introduced to the Planning Commission. He explained that the Washington Association of Building Officials passed resolution 2003 -02 that, in part, promotes the local adoption of the International Building Codes and Uniform Plumbing Code with as few local amendments as possible. The City of Spokane Valley Building Division has followed that direction and is offering a very simple adoption ordinance for approval. 4 �J He welcomed Planning Commission discussion today, in preparation for a Public Hearing on January 22 " Mr. Scholtens' goal is for the City Council to adopt this Ordinance within the next several months so that the new code can take effect by July 1, 2004. Conunissioner K.ogle asked if Code updates will be automatic since ours will be the same as all those in the state. Mr. Scholtens explained that Washington State statute requires us to adopt a new code each time it is amended. Commissioner Carroll recommended that the reference to the "sheriff's office" on page 5, item 19.4, be changed to read "Spokane Valley Chief of Police ". Mr. Scholtens mentioned that Section 3.02 — Professional Review of Plans will also be revised. The Commission praised Mr. Scholtens for a job well done. X. FOR THE GOOD OF THE ORDER Commissioner Crosby requested a complete packet of meeting backup at his place at the dais before each meeting. Ms. Alley agreed to provide this for the Commissioners. Mr. Snyder announced that the Commission will be receiving information on a Street Vacation Ordinance, scheduled for briefing on January 22, 2004. Xi. ADJOURNMENT There being no further business, the meeting was adjourned at 8:10 p.m. SUBMITTED: APPROVED: Debi Alley, Administrative Assistant Bill Gothmann, Chairman Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall 11707 E. Sprague Ave. January 22, 2004 1. CALL TO ORDER 13111 Gothmann, Planning Commission Chair, called the meeting to order at 6:33 p.m. IL PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. 111. ROLL CALL Fred Beaulac — Present Bob Blum — Present David Crosby — Present Gail Kogle — Present VI. PUBLIC COMMEND There was no public continent. Bill Gothmann — Present Ian Robertson — Present John G. Carroll — Excused Absence IV. APPROVAL OF AGENDA Commissioner Robertson moved that the agenda be approved as presented Commissioner Blum seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES It was moved by Commissioner Beaulac and seconded by Commissioner Kogle that the minutes of the .lanrurry 8, 2004 Planning Commission meeting be approved as presented. Motion passed unanimously. VII. COMMISSION REPORTS Commissioner Beaulac reported on the Transportation- Oriented Development Committee meeting on January 21 Crandall Arambula, PC, passed out its proposal for the Spokane Regional Light Rail Project, which included an excellent development plan for a Spokane Valley City Center at the former site of University City. A copy of the proposal was given to all Commissioners. Commissioner Gothmann just returned from a visit to Arizona, and he reported on the City Centers in Scottsdale and Mesa. IIe was impressed with Mesa's integrated design. VIII. ADMINISTRATIVE REPORT The Joint Planning Commissioners meeting is scheduled for January 28 from 11:30 a.m. to 1:30 p.m. at the Downtown Library, Meeting Room 1B. Director DRAT DRAFT Sukup asked Commissioners to let staff know if they planned to attend this meeting so a Notice of Public Meeting can be posted 24 hours in advance. Kevin Snyder, Current Planning Manager, presented the Commission an informational overview of the Street Vacation Ordinance, which was approved by City Council on January 20 Street Vacation is a request to remove a portion of street from public ownership and place it into private ownership. The City began working on this issue last summer. The new ordinance will take effect five days after publication. The Commission was briefed on the background of the Street Vacation Ordinance. Since Street Vacations are a land use issue, the Planning Commission will hold hearings and forward recommendations to the City Council for adoption. Street Vacation requests will likely be a frequent item of business on Planning Commission agendas in the near future. IX. COMMISSION BUSINESS A. OLD BUSINESS: Continuation of Floodplain Ordinance Public Hearing Conclusion Chairman Gothmann called the continuation of Planning Commission deliberation to order at 6:45 p.m. Public Testimony was concluded on January 8 Director Sukup explained to Commissioner Blum that she had responded to Mr. Frost's concerns with a letter, copies of which were sent to the Planning Commission. She recommended that two words be added to the document that the Commission discussed at the last meeting. Commissioner Gothmann gave the Planning Commission a brief overview of a professional engineer's obligations with regard to the certification process and standards of practice. Commissioner Blum asked if citizens will be allowed to go to staff instead of the I earing Examiner with FEMA map en Director Sukup explained that FEMA. map errors are normally handled by the Floodplain Administrator, and they go to the Hearing Examiner only if the Floodplain Administrator's decisions are appealed. Commissioner Blum requested a change in language to make this matter clearer. Director Sukup suggested the following amendment to Section 5.04.04.5 Interpretation of Firm Boundaries (last sentence): "The person contesting the interpretation of the F'loodplain Administrator in relation to the location of the boundary shall be given a reasonable opportunity to appeal - =ide4 pursuant to the procedures outlined in Section 5.05. " 2 DRAFT DRAFT Commissioner Robertson moved that the Planning Commission amend the last sentence in Section 5.04.04.5 — Interpretation of Firin Boundaries, as per. Director Sukup's suggestion. Commissioner Kogle seconded the motion. Motion passed unanimously. It was moved by Commissioner Robertson and seconded by Commissioner Beaulac that the Planning Commission recommend the Floodplain Draft Ordinance, as amended, to the City Council. Motion passed unanimously. Commissioner Beaulac commended Director Sukup for her excellent work in addressing Mr. Frost's concerns. B. NEW BUSINESS: Public Hearing — Sign Code Revision Commissioner Gothrnann called the Public Hearing for a Proposed Amendment to Chapter 14.804 — Signage Standards — Interim Spokane Valley Zoning Code to order at 7:07 p.m. Scott Kuhta, Associate Planner, presented a staff analysis and recommendation to the Planning Commission. The applicant, Valley Hospital and Medical Center, requested code changes that would provide greater flexibility in the UR -22 Zone for hospitals. These changes included the size of both wall signs and freestanding signs. In keeping with Comprehensive Plan requirements, staff recommended the following changes to the UR -22 Signage Standards: • The city not separate hospitals out from other public use businesses in the UR.-22 Zone. • Maximum wall signage would be increased up to 250 square feet. • No changes will be made to the freestanding sign standards. The Hearing was open to applicant testimony at 7:17 p.m. Doug Heyamoto, 1203 W. Riverside, Northwest Architectural Company Spokane, WA: Mr. Heyamoto gave a brief PowerPoint presentation to the Planning Commission showing them what type of new wall signage is being proposed for the Valley Hospital and Medical Center. Providing larger wall signage will enable people unfamiliar with the Spokane Valley to find the Hospital more easily in an emergency situation. The applicant has read the staff recommendation and is in favor of other public use businesses benefiting from the amended UR -22 sign code. The applicant is also in favor of not changing the freestanding sign size at this time. DRAFT DRAFT Chairman Gothmann opened the Hearing to Public Testimony at 7:30 p.m. David Tanner, 429 L. Sprague, L & L Architectural Sign, Spokane, WA Mr. Tanner spoke in favor of the Sign Code Text Amendment. Dave Martin, Valley Hospital and Medical Center, Spokane Valley, WA: Mr. Martin spoke in favor of the Sign Code Text Amendment. He serves as the Director of Support Services and Risk Management at Valley Hospital and Medical Center (VHMC). He noted the Medical Center will conclude construction this Spring with new signage as the last portion of its remodeling project. He believes that enhanced signage would add to the public safety of Valley citizens. VHsMC supports the City Staff Analysis and Recommendation. Commissioner Gothmann also placed a handwritten letter from Jan Hannink, 1321 S. Wilbur Road, Spokane Valley, WA into the public record supporting the proposed revisions for wall signs. She does not favor changing the code to enlarge freestanding signs. The Public Testimony portion of this Public Hearing was closed at 7:33 p.m. Commissioner Gothmann stated that since the area surrounding the Medical Center is becoming an extended medical community, the Planning Commission may want to encourage a rezoning of that area to reflect its unique function. Commissioner Robertson moved that the Planning Commission recommend Staff Recommendations for amendment to Chapter 14.804 — Signage Standards — Interim Spokane Valley Zoning Code to City Council. The motion was seconded by Commissioner Blum. Motion passed unanimously. The Planning Commission took a five- minute break. Public Hearing — International Building Codes Commissioner Gothmann called the Public Hearing on the International Building Codes to order at 7:42 p.m. Tom Scholtens, Building Official, gave an overview of the proposal to adopt Establish Article III of the Spokane Valley Uniform Development Code adopting the International Building Codes and certain appendices. Mr. Scholtens recommended that the ordinance be made effective on the July 1 statutory deadline. This will allow both builders and City Staff to 4 DRAFT DRAFT become familiar with the new requirements. Mr. Scholtens also proposes to amend the existing code relating to sprinkler systems as an interim measure. Commissioner Beaulac asked Mr. Scholtens to describe a "blighted structure ". Mr. Scholtens responded that these are "junk buildings ", similar to junk autos. The new Building Code brings the City Council into the solution of this problem. Chairman Gothrnann opened the Hearing to Public Testimony at 8:02 p.m. Edwin "Larry" Andrews II, 1503 E. Wabash, Spokane, WA Mr. Andrews asked to speak against adoption of the International Building Code as the new Spokane Valley Building Code. Mr. Andrews provided the Planning Coirunission with a 22 -page document detailing the objections of a number of Washington State companies, contractors, unions and associations opposing adoption of the 113C. Mr. Andrews spoke to the following issues: 1.. Only code officials will have the right to vote on any changes. 2. The International Mechanical Code has no propane code and no oil code. Mr. Andrews does not feels the National Electrical Code to be as safe at the Uniform Code, and he finds the UL requirements restrictive. 3 Statewide Contractors did not succeed with their fight against Washington State's adoption of the International Building Code because they could not afford to fight the powerful lobby in favor if HB 1734. 4 The cost to his company for changing over to the International Building Code standards will be over $5,000 for retraining and purchase of books. There will also be a significant cost to contractors for new materials. 5 Sheetrock standards are reduced in the International Building Code. 6 The existing code prevents storage of "heavier than air" gases in basement areas. He believes the new code does not address this issue satisfactorily. 7 Mr. Andrews is not in favor of the City putting unnecessary commercial restrictions on commercial businesses. Commissioner Kogle asked Mr. Andrews why coffee roasters use unlisted equipment. Mr. Andrews responded that many coffee roasters purchase their equipment overseas for around $60,000. They are unique pieces of equipment and typically remain unlisted. To have them listed would cost the coffee roasters up to $500,000. The Public Testimony portion of this Public Hearing was closed at 8:22 p.m. Commissioner Blum asked Mr. Scholtens was an alternative to adoption of the Building Codes. Mr. Scholtens responded that the Washington State Legislature has required the International Codes and that Mr. Andrews' objections had been raised during public testimony last year in Olympia before passage of HB 1734. Commissioner Gothmann asked if the community had been given an opportunity to be involved in the development of the proposed Building Code. Mr. Scholtens responded that the proposed code is mandated by the state and there is little room for discussion. The Spokane Homebuilders Association, 5813 E. 4 Avenue, Suite 201, Spokane Valley, WA submitted a letter with the following recommendations (attached): • Adoption of the International Code effective July 1, 2004. • Allow contractors to operate under the current code until July 1, 2004 or allow them the option of operating under the International Codes. Following discussion, the Public hearing was closed at 8:34 p.m. It was moved by Commissioner Blum that the Planning Committee delay a vote on the adoption of the International Building Code until the next meeting. Commissioner Crosby seconded the motion. Motion passed unanimously. Director Sukup noted that proposed amendments will include an amendment to the existing ordinance revising sprinkler requirements between now and July 1, 2004. X. FOR THE GOOD OF THE ORDER Mr. McCormick reminded Commissioners to let staff know if they plan to attend the Joint Planning Commissioners meeting next week. He will be emailing them a lunch menu. XI. ADJOURNMENT 6 DRAFT DRAFT There being no further business, the meeting was adjourned at 8:45 p.m. SUBMITTED: APPROVED: Debi Alley, Administrative Assistant Bill Gothmann, Chairman