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2004, 10-19 Study SessionTuesday, October 19. 2004 DISCUSSION LEAIER 1. Greg McCrxrnihick (10 minutes) ?. Grc t McCormick (5 mirtums) 3, Marina Stikup ( 10 minutes) Regular Shady SeISit►u latsue 4. Nina Reg r (30 minutes) 12. Nina Rev:1r(5 minutes) Council C1arcl, ill Shad, Sc ntri dB Iu-l'7 AGE 1). It CITY OF SPOK. N E V ALLEY ('ITV CO 1il':ET STUDY SESSION CITY HALL AT REDWOOD PLAZA 11707 Fart Sprague Avenue, Finn Flour Plums Tura Off A All Electronic Devices Durin the Meeting SD$.JEC T/ACTfiv`fTli PUBLIC HEARING: X105 -2006 Commt pity° Development Block Grant (CD13G) Projects Motion Consideration: CDBG Project Select ors [public comment] First Reading Proposed Street Vacation Ordinance -043 'public comment! (No Public Comment): Budget Discussion, Outside Aguilty Ftmciing Cade F.nf regiment Update S. Tom Sarltoiten/Chris Berg (30 minutes) 6. Cary Driskelt (15 minutes) Scooters (safety. nuisance) 1. Cal W4ll:criCar Dr skell Patthandling Research Report (10 minutes) S. Cal Walker (1.0 minutes) Special Events (3rdinnnce Amendments Q. Cal Walker (10 minutes) a.s ugr Purlotseat1 Houses Regulations 10. Marina Sukup (15 minutes) 133 Uses in 12 Zones 11 _ Mayor DeVlerning, Advuncc Agenda Additions (5 minutes) ) GOAL Hold Hearing Approve Project Selection 6 :00 p.m. Advance to ?° Reading Discussitmrinformatlion Discussionfinformation Discu iorxfinformation 1) i scussionfinfbrnuition Discussion/Information Disrussionflnformation Discuussonflnforrnation DisctLssionflrtfbrmatic+n Discussion/Information Mir Etsrpt ss aotrd above. Barre still Ire nu publk comment! Lit Council Slimly Asians. However, Connell trtwayi ri5er t5 the right to request ',Wormed oil tram tht public owl staff as afrprnlarirNtL r M 10E: lredavkluatu Oran w wend are tarmi ng wins rcqulrr ipmlal s usrsg to setrammr ftli}tceL rw r<r nil iii cuat t lire City Oak 1WO) 4 1s1 - 1M4 u& rmu as paialc sea that arringcmCrtrs torn he rn dr. Pigs 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 19, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business CE] public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Public Hearing: 2005 -2006 Community Development Block Grant Projects GOVERNING LEGISLATION: Federal Department of Housing and Urban Development (HUD) PREVIOUS COUNCIL ACTION TAKEN: Staff overview of CDBG process on September 28, 2004; Presentation of potential project list on October 12, 2004. BACKGROUND: Spokane County estimates that the CDBG program will have approximately $1,500,000 in funds to allocate in 2005. There are statutory limits for the administration and planning allocation of 20% of new funds, or approximately $300,000 maximum. A majority of these funds are used by the County to cover the expenses of administering the CDBG program on a county -wide basis. A small portion of the administration and planning allocation is provided for qualified planning projects related to economic development or housing. Also limited by statute is the human service allocation at 15% of 2005 available funds or approximately $225,000. The County has indicated that it will typically receive requests for funding that is two to three times the amount of the available funding. The following projects are a preliminary list. Staff is still evaluating additional projects that may be eligible for CDBG funding; staff will present an overview of all potential projects at the October 19"' meeting. City staff has identified the following projects as CDBG eligible: Street Projects 1. Montgomery Avenue — UPRR Crossing to SR 27 $464,400 (Grind and replace entire asphalt surface on this 0.76 mile stretch of 4 lane roadway.) 2. Montgomery Avenue — Hutchinson Rd to UPRR Crossing $461,700 (Grind and replace entire asphalt surface on this 0.43 mile stretch of 2 lane roadway.) Planning Projects (Economic Development) — 1. Urban Design Action Team (UDAT) $ 25,000 (Combines local resources and extensive community involvement with a multidisciplinary team of nationally recognized professionals to develop strategies and tools to effect desirable change in a community.) Total 2005 project applications: $951,100 OPTIONS: N/A RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Undetermined at this time. STAFF CONTACT: Greg McCormick, AICP, Planning Division Manager ATTACHMENTS None un �� Spokane jVa1le 2005 Community Development Block Grant Program Community Development Department October 19, 2004 Background • City received over $396,000 in CDBG funding in 2004 • County estimates a 2005 HUD entitlement of $1.5 million ($1.8 million in 2004) • County estimates $300,000 in program income /savings from previous years • Estimated total available for 2005 allocation $1.8 million 1 Statutory Funding Limits • 20% of new funding for administration & planning ($300,000 approximately) • 15% limit for human service allocation ($225,000 approximately) • Remainder for capital projects 2005 Funding Priorities • Street Improvements - High • Sidewalks — Not rated • Sewer Improvements — High • Planning — Economic Development - High 2 Street Project 1- ontgomery Avenue UP R Crossing to SR 27 (Pines) Estimated project costs - $464,400 Street Project 2 — Montgomery Avenue Hutchinson to UPRR Crossing Estimated 2005 City costs - $461,700 3 Planning Project - R/UDAT Economic Development • Grassroots approach to help create livable communities • Combine local resources, extensive public participation and nationally recognized professionals • Typically is a 4 or 5 day process • Can address social, economic, and physical community issues • Grant request - $25,000 Next Steps • Conduct Public Hearing — provide direction to staff • November 12, 2004 — Applications due to Spokane County • January 2005 — HCDAC review of applications • March 2005 — HCDAC public hearing on applications • April 2005 -BoCC review of HCDAC recommendations & public hearing • May /June 2005 — Applicants notified of funding 4 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 19, 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: Motion Consideration: Community Development Block Grant (CDBG) Project Selection GOVERNING LEGISLATION: Federal Department of Housing and Urban Development (HUD) PREVIOUS COUNCIL ACTION TAKEN: Staff overview of CDBG process on September 28, 2004; Presentation of potential project list on October 12, 2004; public hearing October 19, 2004. BACKGROUND: The City is required to hold a public hearing on the proposed projects for CDBG funding application. After Council has received public testimony on the proposed project list, provide city staff with direction on preparing the necessary CDBG applications on the final list of projects. OPTIONS: NIA RECOMMENDED ACTION OR MOTION: Motion that staff prepares CDBG applications for the specified selected projects. BUDGET /FINANCIAL IMPACTS: Undetermined at this time. STAFF CONTACT: Greg McCormick, AICP Planning Division Manager ATTACHMENTS None I "Surplus" 1 \• weir 'RtY WSDOT Jurisdiction le II 2Vf SS2 i — David Street ROW 2O 711101 IA=Pt'. 1'O1 ATIR10 1 t '. • M` Fi iD 1141171 PARR QHIEIIUPE Azr STAFF CONTACT Manna Sukup, AICP, Community Development Director Applicant also requested the vacation of the remainder of the Appleway extension acquisition be vacated. This requires notice to City Council of the proposal to declare the property - surplus" and a determination by a Department Director that the property is indeed surplus. The Finance Director will secure an appraisal and the property will be sold to the highest bidder pursuant to Section 3.40 070 § 4, 5 of the Spokane Valley Municipal Code OPTIONS: Advance the ordinance vacating a portion of David Street to second reading, amend the ordinance, deny the request or take no action RECOMMENDATION: Approval, subject to meeting the requirements for reservation of easements by public and private utilities, and conditions associated therewith Meeting Date: October 19, 2004 CITY OF SPOKANE VALLEY Request for Council Action Item: Check all that apply ❑ consent ❑ old business ❑ new business ❑ public heanng ❑ information ❑ admen report ❑ pending legislation AGENDA ITEM TITLE: CORRECTION First Reading of an Ordinance vacating a portion of David Road located between Sprague Avenue and Appleway Boulevard, west of Thierman Road. (Street Vacation Request STV- 03 -04) PREVIOUS COUNCIL ACTION TAKEN: City Council adoption of Ordinance No 04 -001 (Street Vacations) in January 2004. On July 27 "', 2004 by Resolution 04 -022 City Council set August 26 "', 2004 as the date for a public hearing on the proposal. BACKGROUND: Planning Commission held a public hearing on the vacation on August 26, 2004. The Washington Department of Transportation (WSDOT) retains a portion of David Road extending 20 feet south of the Sprague Avenue right -of -way Applicant amended the request to exclude that portion of David Road. Planning Commission held a public hearing on the amended request on October 14, 2004 Chris Linc Properties L.L C., 2320 North Atlantic Street, Spokane WA 99205 the owner of abutting Parcel No 35242.0102 amended the request for the vacation of a remainder of David Road, originally acquired by Spokane County for the Appleway Extension. The amended request does not include the portion of David Road extending 20 feet south of the Sprague Avenue right -of -way which remains within the jurisdiction of WSDOT_ Spokane Utilities will require a 25 -foot easement for a 54 inch wastewater interceptor current located on the adjacent property to the east The sewer interceptor extends to the centerline of David Road and then proceeds in a southerly direction Spokane Water District No. 3 will require a 20 -foot easement to allow for the repair, maintenance and replacement of an existing water line Drywells will need to be located not less than ten feet from the water line, while maintaining five feet of cover over the line itself. In addition Avesta will require a ten foot easement five foot from the centerline of existing power lines along the east boundary of the property and a ten foot easement along the west side of David Road located five feet from the centerline of a two inch natural gas line extending between Sprague Avenue and Appleway The gas line will require a minimum of 30 inches of cover and prohibition of asphalt paving and/or the traffic of heavy equipment exceeding 30,000 pounds /axle over the easement 115X1 i ..... we: i i ' *ri b1: Any future vacation of that portion of David Road currently within the jurisdiction of WSDOT will require reservation of a seven foot easement adjacent to the right -of -way of Sprague Avenue for Avista CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04-043 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR THE VACATION OF A PORTION OF DAVID ROAD LOCATED BETWEEN SPRAGUE AVENUE AND APPLEWAY BOULEVARD, WEST OF THIERMAN AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City Council by Resolution 04 -022 initiated vacation proceedings for a portion of David Road located between Sprague Avenue and Appleway Boulevard, west of Thierman Road. by providing that a hearing on the proposal would he held before the Planning Commission on the 26th day of August, 2004.; and WHEREAS; the Washington Department of Transportation (WSDOT) retains that portion of David Road located south of the Sprague Avenue right -of -way pursuant to deeds recorded on January 11, 2000 (Recording Nos. 4446885 through 4446897); and WHEREAS, the Planning Commission held a public hearing on August 26, 2004 on the proposed vacation, and subsequently held a public hearing on October 14, 2004 to consider an amended request excluding that portion of David Road currently owned by WSDOT; and WHEREAS, following a hearing before the Planning Commission, it has been found and determined that the vacation of the above referenced street complies with City Ordinance 04- 002, Section 1 1(SVMC Chapter 10.05) and includes one or more of the following findings: (1) The change of use or vacation will serve the public interest; (2) The Street or Alley is no longer required for public use or access; or (3) An alternative public way or private access would be more useful to the public and adjoining land owners; WHEREAS, the Planning Commission findings and/or minutes have been filed with the City Clerk as part of the public record supporting the vacation; WHEREAS, fifty percent of the property owners abutting the property to be vacated did not file a written objection to the proposed vacation with the City Clerk; WHEREAS, through ordinance the City shall provide that the vacated property be transferred to the abutting property owners, one -half to each, unless circumstances require a different division of property, that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development and that all direct and indirect costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property; Ordinance 04 -043 Starbucks Vacation Page 1 of 4 DRAFT WHEREAS, the City Council pursuant to RCW Chapter 35.79 and City Ordinance No. 04 -002 (SVMC Chapter 10.05) desires to vacate the above street as set forth herein. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: (1) the City Department of Public Works has reviewed the right -of -way to be vacated and determined that the property adjacent to the vacated property is otherwise served by public or private access; (2) a public hearing on the proposed vacation has been held in accordance with State Law and City Ordinance before the Planning Commission with the record of such hearing and proceedings lodged with the City Clerk; (3) a written protest has not been filed with the City Clerk by at least fifty percent of the abutting property owners; and (4) vacation of the street or alley serves the public interest. Section 2. Property to be Vacated. Based upon the above findings and in accordance with this ordinance, the City Council does hereby vacate the street or alley described on the attached Exhibit "A" which is incorporated herein by reference. Section 3. Z.on.ing. The Zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The Director of Community Development is authorized to make this notation on the official zoning map of the City. Section 4. Conditions of Vacation. The fallowing conditions shall be fully satisfied prior to the transfer of title by the City. 1. A record of survey shall be submitted to the City in accordance with City Ordinance 04 -002, Section 16 (SVMC Chapter 10.05). 2. Fees and Costs associated with the transfer of title to the vacated property shall be paid by the recipient (or grantee) of such property. The fees and costs include all direct and indirect costs of title transfer to the vacated street. 3. A reservation in the form of an easement providing for private and public utility services subject to such conditions shall be made in the vacated area. Section 5. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the transfer of the property identified herein. 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 -043 Starbucks Vacation Page 2 of 4 (Th Section 7. Effective Date. This Ordinance shall be in fuji force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. ATTEST: PASSED by the City Council this day of 2004. City Clerk, ChristineBainbridge Approved As To Form: Deputy City Attorney Cary P. Driskell Date of Publication: Effective Date: Mayor, Michael DeVleming Ordinance 04 -043 Starbucks Vacation Page 3 of 4 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 of Spokane Valley as provided by law. ATTEST: PASSED by the City Council this day of 2004. City Clerk., ChristineBainbridge Approved As To Form: Deputy City Attorney Cary P. Driskcll Date of Publication: Effective Date: Mayor, Michael DcVleming Ordinance U4 -1143 Stnrtwcks Vacation Page 3 of 4 k pa ane V l y STREET VACATION STV0304 Chris Linc Properties L.L.C:, 2320 North 'Atlantic Street Spokane WA 99205 Q �� • o Appleway right-of-way acquisition remainder and a portion of David Road located between Sprague Avenue and Appleway, west of Thierman. Road. o Planning Commission held a public hearing on August 26, 2004 and tabled the decision pending information concerning WSDOT's ownership of 20 for David Road south of the Sprague ROW o A second hearing was held on the amended request on October 14, 2004 `x! . .• ur 'v.}. A MC � a '11.. !•�, S. V �t 1i• .3 - 'r»_ i f l� b..^ sf• Background • Spokane County acquired Blocks 5 and 6 of the Miller Park Addition for the Appleway extension • The Sprague Avenue right -of -way and the portion of David Road 20 feet south of the Sprague Avenue right- of-way were conveyed to WSDOT for the same project. • Spokane County installed a 54" wastewater interceptor though Block 5. The interceptor is actually located six feet north of the south easement line • Spokane County subsequently sold the remainder of • . Block 5 to applicant Water Facilities Amended Request 2: Gas Line Original Request WE 330.5 (.330.ccv 488'11'2 - 252.66' 30' SEWER EASEMENT PER &55ES50R'5 COGUM_tt T 4g; ®548 54" Interceptor 1 .10 1 • • • • Applicant proposes to acquire the property for the purpose of constructing required 208 swales \�L Electric Distribution 0 :T 11 @'50.0 "w 1 tat AVE 5.04' MILLER PARK CENTERUNE • Easements required for utilities • Conditions applicable to underground gas, water and wastewater facilities Background RECOMMENDATION O Meeting Date: October 19, 2004 Item: Check all that apply: ❑ consent ❑ information AGENDA ITEM TITLE: 2005 Budget Discussion: Outside Agency Funding GOVERNING LEGISLATION: N/A CITY OF SPOKANE VALLEY Request for Council Action City Manager Sign -off: _ x old business ❑ new business ❑ public hearing ❑ admin. report ❑ pending legislation PREVIOUS COUNCIL ACTION TAKEN: On August 17, the City Council heard presentations from several agencies requesting funding for various programs. BACKGROUND: In 2004, the City granted funding requests from five outside agencies. The total amount funded was $100,000. Those five agencies and one additional agency requested funding for 2005. The attached spreadsheet lists the six agencies, the amount allocated to them in 2004, and the amount they have requested for 2005. The spreadsheet also lists the allocation suggested by each City Council member. OPTIONS: Fund outside agency requests at the amount requested; at a higher or lower amount; or not at all. RECOMMENDED ACTION OR MOTION: Provide feedback on allocation of funding to outside agencies for inclusion in the 2005 budget. BUDGET /FINANCIAL IMPACTS: $100,000 is currently included in the 2005 preliminary budget for funding of outside agencies. The outside agency funding requests total $267,483. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. Spreadsheet of requests Agency 2004 2005 Allocation Request City of Spokane Valley 2005 Budget Outside Agency Requests Denenny DeVleming Flanigan Munson Schimmels Taylor Wilhite International Trade Alliance S14,000 $35,000 514,000 $16,000 $13,000 S14,000 $13,000 $14,000 514,000 514,000 Chase Youth Commission 2,000 10,000 2,000 1,000 0 1,500 0 0 1,000 786 Economic Development Commission 55,000 175,000 55,000 60,000 50,000 55,000 50,000 55,000 60,000 55.000 Project Access 25,000 25,000 25,000 16,000 15,000 25,000 15,000 25,000 19,000 20,000 Valley Community Center 4,000 14,283 4,000 6,000 14,000 3,500 14,000 4,000 6,000 7,357 SV Meals on Wheels 0 8,200 0 1,000 8,000 1,000 8,000 2,000 0 2,857 Total: $100,000 $267483 $100,000 S100,000 $100,000 SI00,000 $100,000 $100,000 $100,000 5100,000 $0 2005 Average Allocation Special cases may be established by the City of Spokane Valley Traffic Engineer. These special cases might include but not be limited to: • Arterials with posted speeds in ex- cess of 35 m.p.h. • One -way streets • Steep grades • Sharp curves Please help us to make our streets safe! It you should have and questlana about this brochure, please contact us at City of Spokane valley 11707 E Sprague Sotto 1106 Spokane Valley, WA 99206 Or phone our office at 509.688.0096 Spokane Valley Bufiding Ontslon 11707 E. Sprague Asn. Suite 108 Spokane valley, WA 99208 Poona 509.688.0036 Pax: 509.688.0037 Email vAmspokaneva8ey.om oa T. LOCAL ACCCSS STRCri Office Hours: 8:OOam to 5:OOpm Monday through Friday 509.688.0036 To keep our citizens safe, The City of Spokane Valley has adopted standards that require our street intersections to remain free from any sight or vision obstructions. These obstructions can be anything from tree limbs, fences or any other ob- jects that may block a driver or pedestrians view at an intersection. C_onaollecl- Tnte s There are two types of intersections. Controlled intersections are street corners that have stop lights or signs to control traffic flow. • The controlled intersection visibility is deter- mined by various speeds and takes into ac- count that only one vehicle direction is continuing through the intersection at a time. t l U a 07 gory -ol S6 RIK M1 Table 7.05.1: NEW sq0cd 0.+•9 25 30 l 0 rovn Uncu� i trolled Intct. cctions The second type of intersection is the uncontrolled inter- section. This is typically a four way intersection with no lights or signs. • The uncontrolled intersection has the same vision distance down each street `�c --- •�' 50 T. - --\ LOCAL ACCESS STREET CUNT CITY •C.r ∎Cf.M4Y 71 1G'OnT r IAt i Cleat View .l \reas As you can see in the above diagrams, the exact length and depth of the clear view area that will be maintained depends upon the type of control at the intersection. Other areas of concern are fences and overgrown vegeta- tion. • Fences on street corners may not be more than three (3') feet for solid fences and four (4') feet for chained Zink fences meas- ured from street level. • Another feature of the new ordinance is that you may fence to the property line on a side or flanking street with six (6') high fencing if you stay out of the right of way and do not build in the cross hatched area. • Please keep in mind, any fence over six (6') feet in height requires a City of Spokane Valley Building Permit • Overgrown vegetation such as tree limbs, shrubs, and bushes must be property maintained to keep all travel passageways (both traffic and pedestrian) clear of obstruction. • At intersections the area between 36 inches and 84 inches above the ground is required to be clear of any obstructions. If rneasured from the sidewalk level, you must be under 36 inches. • All traffic stop lights and signs must be kept com- pletely visible at all times to insure the safety of all pedestrians and motorists. Meeting Date: October 19, 2004 City Manager Sign -off: Item: Check all that apply: CITY OF SPOKANE VALLEY Request for Council Action AGENDA ITEM TITLE : Code Enforcement Update ❑ consent ❑ old business ❑ new business ❑ public hearing information ❑ admin. report ❑ pending legislation GOVERNING LEGISLATION: Spokane Valley Zoning Code Spokane Valley Nuisance Ordinance 03 -083 Spokane Valley Junk Car Ordinance 03 -067 BACKGROUND: Since incorporation Spokane Valley Code Enforcement has been active in helping our citizens understand and comply with the various civil laws Council has provided for us to use. This presentation highlights some of the methods and tools our two Code Enforcement Officers use on a daily basis to increase their productivity and levels of customer service. Also highlighted are some of the statistics and cases that illustrate the difference our Code Enforcement Officers have made in our City. STAFF CONTACT: Spokane Valley Building Official Scholtens ATTACHMENTS : Power Point presentation Letter to Fence Contractors Draft Clear View Pamphlet Posted Speed (in MPH) Distance (in feet) 25 70 0 95 35 110 Sp�ane � �Ualley 8 October 2004 RE: CLEAR VIEW REQUIREMENTS AT STREET CORNERS Dear Fence Contractor; Recently, the City of Spokane Valley City Council adopted new standards for providing a clear view of approaching traffic at street intersections. The reason we are contacting you is because many of the intrusions into these clear view areas have been caused by fences. As a responsible fence contractor, we know that if we can get the information to you up front, we may be able to avoid asking you to remove or replace some of your work because of a misunderstanding. The ordinance requires that street intersections remain free from sight /vision obstructions so a vehicle either stopped at or entering the intersection may see pedestrians or another approaching vehicle as either may be entering the same intersection. There are two types of intersections that we are dealing with, the controlled intersection where there is a stop light or sign, and the uncontrolled intersection that is typically a four way intersection with no light or sign. The uncontrolled intersection has the same vision distance down each street, and the controlled intersection accounts for the fact that one vehicle direction is not continuing through the intersection. CONTROLED INTERSECTION TABLE 7.06.1 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhall @spokanevalley.org UNCONTROLED INTERSECTION .O FT, LOCAL ACCCSS S'R €C1 NN l j As long as you keep your solid fence height in the cross hatch corners at three feet or less -four feet or less if it is a chain link fence • above the street level, and out of the public right of way, there shouldn't be any concern. Remember, any fence over six feet in height requires a City of Spokane Valley Building Permit. Another feature of the new ordinance is that you can fence to the property line on a side or flanking street with 6 feet high fencing if you stay out of the right of way and don't build in the cross hatched area. Please make sure you comply with these requirements. The obstruction free requirements the City has adopted are less stringent than Spokane County previously enforced. When we discover situations that have preexisting violations, we are going to require compliance. That is, obstructions will be required to be removed, however they won't be required to be corrected to the old, more severe requirement, but to the new requirements illustrated in the drawings on the previous page. If you are unclear of these requirements or if you would care to contact me concerning this letter, my direct phone number at the City of Spokane Valley, Washington is 509.688.0024. Sincerely, Tom Scholtens, C.B.O. City of Spokane Valley Building Official Stiiikane .Mille Department of Community Development Building Department Code Enforcement Update • Status • Before and After • Mobile Automation Demo • Summary 1 rri r i�� pokane 4 _ aI y Status Snapshot 2004 CODE VIOLATIONS REPORTED (BY TYPE) 2 0 3 5 6 7 8 K 9 10 0 0 n '� J Mobile Automation Productivity Increase 15 -20% Sokane j`alley 1. Field processing of files. 2. Timely service of complaints 3. "On the spot" abatement/compliance ability 4. Reduced paperwork, increased field time Multi- functional 1. Used as mobile and desktop 2. Portability Summary • Statistics • Before and After • Council's Direction Spokane ��alle CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 19, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent x old business AGENDA ITEM TITLE: Motorized foot scooters. GOVERNING LEGISLATION: Chapter 46.61 RCW. PREVIOUS COUNCIL ACTION TAKEN: ❑ new business ❑ public hearing ❑ information x admin. report ❑ pending legislation August 10, 2004 — Administrative Report. September 14, 2004 — Initial discussion on policy points. September 28, 2004 — Second discussion on policy points. BACKGROUND: Several citizens of Spokane Valley have registered complaints with the city about the increasing use of motorized foot scooters in the city. Included in the discussion of motorized foot scooters are such machines commonly referred to as 'pocket rockets' or "mini- choppers ". Citizen complaints have focused on two general areas of concern: (1) the noise these machines make; and (2) the safety of operators of these machines, especially when the operators are young. Per Council instruction, staff has collaborated with the drafters of a similar Spokane draft ordinance to prepare a draft ordinance for consideration by the Council. It has been tailored to reflect Spokane Valley ordinances. We did not include provisions relating to confiscation of motorized foot scooters due to potential constitutional concerns about governmental "taking" of personal property. Other jurisdictions have enacted such provisions, but they have not been tested in court. Staff recommends putting that issue on hold and implementing these less restrictive measures to see how effective they are before enacting a confiscation policy for violation of the scooter provisions of the code. Staff will also discuss the issue of parental responsibility for violations committed by individuals under the age of 16. OPTIONS: Pursue enacting ordinance as submitted for first reading; instruct staff to revise and resubmit the draft ordinance for further review by the Council; instruct staff to do nothing. RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Joshua J. Leonard, Legal Intern. ATTACHMENTS: Draft ordinance. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, RELATING TO THE USE OF MOTORIZED PERSONAL TRANSPORTATION DEVICES WITHIN THE CITY OF SPOKANE VALLEY BY ESTABLISHING A MINIMUM AGE REQUIREMENT FOR OPERATORS AND LIMITING MOTORIZED PERSONAL TRANSPORTATION DEVICE USE ON SIDEWALKS, STREETS, PUBLIC TRAILS AND IN PARKS; AND ESTABLISHING REQUIREMENTS FOR OPERATING SUCH MOTORIZEI) PERSONAL TRANSPORTATION DEVICES SAFELY. WHEREAS, the City Council makes the following findings regarding the. current unregulated use of Motorized Personal Transportation Devices within the city limits: WHEREAS, the Revised Code of Washington (RCW) 46.61.710 authorizes the use of Motorized Personal Transportation Devices upon streets of the State, but grants authority to local jurisdictions to regulate or otherwise limit their use and operation; and WHEREAS, RCW 46.61.710 does not establish minimum age requirements for operation of Motorized Personal Transportation Devices, thereby creating a great risk of injury and /or property damage caused by young, untrained, and /or inexperienced operators who lack sufficient judgment to safely operate a motorized vehicle upon public streets and ways; and WHEREAS, RCW 46.61.710 does not make use of protective helmets mandatory for operators of Motorized Personal Transportation Devices, although the risk of serious injury to operators of motorized foot scooters who do not wear a protective helmet is clear; and WHEREAS unregulated operation of Motorized Personal Transportation Devices upon the City's streets, sidewalks, and public trails increases the risk of accidental injury to operators of Motorized Personal Transportation Devices, other vehicular operators, and pedestrian traffic, and also increases the risk of damage to property; and WHEREAS, shared use of sidewalks and public trails by pedestrians and Motorized Personal Transportation Devices increases the risk of injury to sidewalk and trail users and reduces the desirability of foot traffic as an alternative to motor vehicle use within the City, indicating that mixed use by motorized and non- motorized traffic on sidewalks and public trails should be limited as much as is practical; and WHEREAS, providing minimum requirements as to the use of Motorized Personal Transportation Devices would increase the health, safety, and welfare of citizens of Spokane Valley. follows: NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as Section 1. Intent. The City of Spokane Valley declares that regulating the use and operation of Motorized Personal Transportation Devices is necessary to protect the health, safety, and welfare of the public. Therefore, the intent of this ordinance is to promote the safe operation and maintenance of Motorized Personal Transportation Devices in order to protect the health, safety, and welfare of' the public. Draft ordinance scooters 10 -19 -04 Page 1 of6 DRAFT Section 2. New code provisions regulating Motorized Personal Transportation Devices. There is established the following new Section under Title 7 of the City of Spokane Valley Municipal Code: Chapter 7.35 Motorized Personal Transportation Devices. 7.35.010 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires: A. "Motorized foot scooter" means a device with no more than two ten -inch or smaller diameter wheels, has handlebars, is designed to be stood upon (but may have a seat), and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. 13. "Motorized Skateboard" means every device with a platform on which the rider or operator balances, the platform having two or more sets of wheels beneath it, propelled by an attached or auxiliary electric or gasoline motor. C. "Motorized Personal Transportation Device" shall be deemed to include motorized foot scooters, motorized skateboards, and all other similar devices, but shall exclude motorized wheel chairs, motor driven cycles, mopeds, electric- assisted bicycles, motorcycles, and Electronic Personal Assistive Mobility Devices. D. "Approved Motorcycle Helmet" means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a label required by the Federal Consumer Products Safety Commission as adopted by the Code of Federal Regulations, 16 C.F.R. § 1203. E. `Approved Bicycle Helmet" means a head covering designed for safety that meets or exceeds the required safety standards adopted by the U.S. Consumer Product Safety Commission (CPSC) 15 USCS 6004, or Z -00.4 set by the American National Standards Institute (ANSI), the Snell Foundation, the American Society for Testing and Materials (ASTM), or such subsequent nationally recognized standard for helmet performance as may be adopted by the City of Spokane Valley. The helmet shall be equipped with a neck or chin strap that shall be securely fastened while the Motorized Personal Transportation Device is in motion. F. "Street" for the purposes of this Chapter only, means the entire width. between the curb boundary lines, including the shoulder, of every way publicly maintained in the City of Spokane Valley when any part thereof is open to the use of the public for purposes of vehicular travel or parking. G. "Modified or enhanced" means that any of the settings or equipment of the Motorized Personal Transportation Device, including but not Limited to those settings or equipment that affects displacement, horsepower, or muffler effect have been altered to achieve greater power, higher speed, and /or better performance than possible when the unit was delivered from the factory for sale. Draft ordinance scooters 10 -19-04 Page 2 of 6 DRAFT 7.35.020 Duty to obey rules of the road. A. Operation on a street: Any person operating a Motorized Personal Transportation Device on a street shall obey all rules of the road applicable to motor vehicles, as well as the commands of official traffic control signals, signs, and other control devices applicable to motor vehicles, unless otherwise directed by a law enforcement official or their designee. Every person operating a Motorized Personal Transportation Device on a street is granted all of the rights and is subject to all of the duties and responsibilities applicable to the driver of a motor vehicle pursuant to the Washington Administrative Code (WAC) Chapters 308 -330, except Chapter 308 -330- 500 through Chapter 308 -330 -540 relating to bicycle licensing, as adopted or hereafter amended, a copy of which will be kept on file in the City Clerk's office, and pursuant. to Spokane Valley Municipal Code Chapter 9.05 except as to those provisions thereof which by their very nature can have no application. B. Operation on sidewalks or other public areas: 1. Any person operating a Motorized Personal Transportation Device propelled by an electric motor on a sidewalk shall obey all rules of the road applicable to bicycles, as well as the commands of official traffic control signals, signs, and other control devices applicable to bicycles, unless otherwise directed by a law enforcement official or their designee. Every person operating a Motorized Personal Transportation Device powered by an electric motor on a sidewalk is granted all of the rights and is subject to all of the duties and responsibilities applicable to an operator of a bicycle pursuant to WAC 308- 330 -545 through 308- 330 -560 as adopted or hereafter amended, a copy of which will be kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05 except as to those provisions thereof which by their very nature can have no application. 2. All Motorized Personal Transportation Devices in operation on a sidewalk or other public area other than a street are restricted to a maximum speed of 10 miles per hour. 7.35.030 Devices. Requirements for operating Motorized Personal Transportation A. Minimum Age. No person shall operate a Motorized Personal Transportation Device on a street, alley, sidewalk, or other public area, unless such person is sixteen years of age or older. B. Passengers - Towing. Only one person shall occupy a Motorized Personal Transportation Device at one time. An operator of a Motorized Personal Transportation Device shall not transport passengers or tow other devices or persons behind a Motorized Personal Transportation Device. C. Helmet Required. 1. Any person operating a Motorized Personal Transportation Device propelled by an internal combustion engine upon any street, alley or other public area in the City, shall wear an approved motorcycle helmet designed for safety, on his or her Draft ordinance scooters 10 -19 -04 Page 3 of 6 DRAFT head and shall have the neck or chin strap of the helmet fastened securely while the Motorized Personal Transportation Device is in motion or operation. 2. Any person operating a Motorized Personal Transportation Device propelled by an electric motor upon any street, alley, sidewalk, or other public area in the City, shall wear an approved bicycle helmet designed for safety, on his or her head and shall have the neck or chin strap of the helmet fastened securely while the Motorized Personal Transportation Device is in motion or operation. D. Lighting Required. 1. All Motorized Personal Transportation Devices, when in use on any street, alley, sidewalk, or other public area shall be equipped with a functioning lamp on the front that shall emit a white light visible from a distance of at least five hundred (500) feet to the front. 2. All Motorized Personal Transportation Devices, when in use on any street, alley, sidewalk or other public arca shall be equipped with a functioning red reflector on the rear of the Motorized Personal Transportation Device, of a type approved by the Washington state patrol, that is visible from all distances up to six hundred (600) feet to the rear when directly in front of lawful lower beams of the head lamps on a motor vehicle. A lamp that emits a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector. A light- emitting diode (LED) flashing tail light that is visible from a distance of five hundred (500) feet to the rear may likewise be used in addition to the red reflector. 3. All Motorized Personal Transportation Devices in operation on a street shall be equipped with a stop lamp or lamps on the rear of the Motorized Personal Transportation Device which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not Tess than three (300) hundred feet to the rear in normal sunlight, and which shall be actuated upon application of a service brake. E. Muffler Required. Motorized Personal Transportation Devices powered by an internal combustion engine shall have a properly functioning engine muffler attached and constantly operational during use of the Motorized Personal Transportation Device to prevent a Noise Nuisance as prohibited by Spokane Valley Municipal Code 7.05.040(0). The use of a cutout, bypass, or similar muffler elimination device is prohibited on all Motorized Personal Transportation Devices that are powered by an internal combustion engine. P. Brake Required. Motorized Personal Transportation Devices shall be equipped with a rear brake which, when applied, enables the operator to make the braked wheel(s) skid on dry, level, clean pavement. G. Modifications Prohibited. Motorized Personal Transportation Devices operated within the City of Spokane Valley shall not be modified or enhanced in design or construction from the specifications as provided by the manufacturer. 7.35.040 Prohibited areas. Draft ordinance scooters 10 -19 -04 Page 4 of 6 DRAFT A. Parks. Motorized Personal Transportation Devices are prohibited from all city parks pursuant to Spokane Valley Municipal Code 6.05.070(G). Violations of this restriction are subject to the specific penalties set forth in Spokane Valley Municipal Code 6.05.090 — 6.05.100. 13. Sidewalks. It is unlawful for any person to operate or ride a Motorized Personal Transportation Device that is propelled by an internal combustion engine on any sidewalk. C. Public Trails. it is unlawful for any person to operate or ride a Motorized Personal Transportation Device that is propelled by an internal combustion engine on any public trails, including the Centennial Trail, within the City of Spokane Valley city limits. D. Certain Streets. It is unlawful for any person to operate or ride a Motorized Personal Transportation Device on any street with a speed limit greater than 25 miles per hour. 7.35.050 Applicability of other traffic laws. The following traffic laws shall apply to the operation of Motorized Personal Transportation Devices within the City of Spokane Valley: A. Negligent Driving — First Degree — RCW 46.61.5249, as adopted by reference in WAC 308 - 330 -425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05. B. Negligent Driving — Second Degree — RCW 46.61.525, as adopted by reference in WAC 308- 330 -425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05. C. Reckless Driving — RCW 46.61.500, as adopted by reference in WAC 308 -330- 425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05. D. Driving Under the Influence — RC\V 46.61.502, as adopted by reference in WAC 308 -330 -425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05. E. Driver Under 21 Consuming Alcohol — RCW 46.61.503, as adopted by reference in WAC 308- 330 -425, as adopted or hereafter amended, and kept on file in the City Clerk's office, and pursuant to Spokane Valley Municipal Code Chapter 9.05. 7.35.060 Dealer notice required. All persons and /or establishments in the City of Spokane Valley involved in the retail sale or lease of Motorized Personal Transportation Devices shall provide to each purchaser of said Motorized Personal Transportation Device, written notice of the regulations, restrictions, and requirements of the City of Spokane Valley Municipal Code Section 7.35 prior to completing the sale or lease of said Motorized Personal Transportation Device. Draft ordinance scooters 10 -19 -04 Page 5 of 6 DRAFT 7.35.070 Violation -- Penalty. Any person violating any provision of this chapter, except for Spokane Valley Municipal Code. 7.35.040(B), shall be deemed to have committed a [Class 2 or Class 3, plus court costs and fees] traffic infraction. However, conduct that constitutes a violation of a rule of the road, or constitutes a criminal traffic offense, may also be charged as such and is subject to the maximum penalties allowed for such an offense or offenses. Section 3. Severabilitt. If any section, sentence, clause, phrase, or word 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, phrase, or word of this ordinance. Section 4. Effective date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall be in full force and effect five (5) days after passage and publication as provided by law. ATTEST: PASSED by the City Council this City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: day of , 2004. Mayor, Michael DeVleming Draft ordinance scooters 10 -19 -04 Page 6 of 6 TO: CITY MANAGER DAVE MERCIER FROM: CHIEF CAL WALKER RE: HOMELESS / PANHANDLING DATE: OCTOBER 11, 2004 C J Earlier this year, after the City of Spokane enacted a "Camping Ban" on certain properties located within the city limits, we here in the City of Spokane Valley began to see an increase in the amount of transient activity inside of our city limits. This same increase also brought an associated increase in the amount of activity reported in panhandling on city streets and corners, as well as some of the property crimes associated with a transient density. Anticipating that the actions taken by the City of Spokane would result in these increases, we requested a meeting with several of the local care providers, mental health professionals and outreach teams in hopes that we could partner in addressing the growing concerns of homeless activity and associated begging and panhandling issues within our community. The desire would be to develop a working association with community providers and the homeless in finding alternative resources for housing and possible job- related activities. 1 have met with several individuals from the Spokane Homeless Coalition, Spokane Mental Health, the Homeless Outreach Team and Spokane Neighborhood Action Programs (SNAP). During these meetings, we have discussed a new venture which would put us together as partners in contacting the homeless in our area prior to issues arising from activities that the community finds annoying, and /or activity that becomes criminal in nature. This has been a hard concept for some of the agencies to join into. They have worked for years in trying to establish a way to communicate and resolve problems for many of our area's homeless individuals. This process has also been hampered by the great number of mentally disabled that make up our homeless population and the special needs that this group presents. We have developed a "pilot" attempt at this partnering, and I have assigned one of our corporals, Bob Christilaw, as our liaison in this venture. He will be working with Darrell Quarles from the Homeless Outreach Team. i hope that together, we can reach some of the area homeless and offer alternative programs and services to these individuals. I also would expect some better lines of communication to occur between our agency and the core transient population. Knowing that these program alternatives will not be the choice for every case, we will also be placing some individuals and groups on notice that certain activities conducted by them will be dealt with under the law. This effort will of course involve our Code Enforcement personnel as well as a law enforcement contingency. Attached are some photographs of a newer "campsite" which serves as an example of an increasing phenomena, as more of the homeless move into the areas that facilitate easy access to high density exposure and greater numbers of people from which to solicit donations. This specific area at I -90 / Sullivan has quickly become an area of great concern. Criminal activity such as vehicle prowling, thefts, disorderly conduct and harassment, etc. are increasing in this area as the transient population moves in. Also of great concern are the associated health and sanitation issues that arise from these types of conditions. The local businesses in this area are already suffering from the new density and associated criminal activity. We also have been increasingly busy in dealing with the growing number of complaints and investigative work attributed to the newer living area and access to solicitation sites along the 1 -90 / Sullivan corridor. Panhandling issues are of frequent concern to our citizens. We receive many inquiries and complaints about sign- toting individuals becoming more and more aggressive at local arterial intersections. As of today, unless the activity of these individuals impedes the flow of traffic or they obstruct traffic by being in the street, there is no legal authority to remove the individual or make them stop conducting certain activity that has been interpreted by the courts as a protected "Free Speech" right. Some jurisdictions have successfully included provisions banning "aggressive" begging or panhandling. The definitions surrounding the aggressive behaviors are also open to court interpretation, but can be clearly designed to address certain offensive language, bullying, etc. that can sometimes be part of the solicitation process. The content of this report is two -fold. One is a preemptive effort to alleviate a growing condition inside of our city limits. I would expect a slight downturn in numbers as the weather cools and snow begins to accumulate, but we should be better prepared to address this community concern in the spring. The other is opening any discussion that the Council would desire as to directing the staff to prepare any possible ordinances regarding aggressive panhandling or other issues of concern. HOMELESS / PANHANDLING Cal Walker, Police Chief October 19, 2004 1 2 4 TO: CITY MANAGER DAVE MERCIER FROM: CHIEF CAL WALKER RE: SPECIAL EVENTS DATE: OCTOBER 19, 2004 As the city evolves and attracts more entertainment for its citizens, the Spokane Valley Police Department (SVPD) has concerns about public safety at these large events. Events such as concerts, community related events (ValleyFest, Christmas Tree Lighting Ceremony), youth events (The Oneighty Club), beer gardens, festivals, celebrations such as OctoberFest, St. Patrick's Day, or even New Year's Eve and private venues such as local bars having promotions. Our primary concern is crowd and traffic management to promote a safe environment for those attending. Certain factors go into determining possible need for police presence, or at least, in some cases, police, fire, or Building and Health .Department notification. These factors include: • Type of event • Headliner at event • Type of crowds responding to event • Extra activities at these events. Some examples are: potential for alcohol and /or drug use, potential for gang- related activities, racial motivations, and radical political motivations. • Potential for violent protest by radical groups or counter protest • Potential for property damage • Riots • Traffic issues /congestion • Crowd dimensions (whether they are contained in a building or lining the streets of several city blocks) • Adequate sanitation and public health issues Factors are not limited to the above. SVPD has contacted the Spokane Police Department (SPD) and Starplex Corporation (Crowd Management) to determine how they handle such large events. SPD determines police presence through experience and intelligence gathering. This is subjective at best and is determined on a case -by -case basis. Starplex Corporation does use a "4 -level system" using the factors described above to determine crowd management at The Gorge Amphitheater, but in Spokane they work with SPD to determine crowd management: needs. In this day and age, an additional factor to be considered is the issue of terrorist activities. Large events are potential targets to both domestic and foreign terrorists. Again, it is our intent to promote a safe public environment at these events, not to interfere with citizens' constitutional rights to assemble or to limit free speech. Our desire is to promote and assist in creating a healthy free enterprise environment where event promoters can bring great activities to our community with enthusiastic participation by our citizens. Our request to Council would be to open discussions about any desired implementation of a Special Events permit process. 1 r, TO: CITY MANAGER DAVE MERCIER FROM: CHIEF CAL WALKER RE: BATHHOUSES IN THE CITY OF SPOKANE VALLEY 1. Oriental Spa, 9410 E. Sprague 2. Moonlite Spa, 12 N. University 3. Moonlite Spa Too, 7413 E. Trent DATE: OCTOBER 11, 2004 The City of Spokane Valley has three bathhouses within its city limits. Questions have arisen regarding whether Spokane County ordinance, Title 7.07, still applies to these establishments. Currently the City of Spokane Valley does not have an ordinance regulating massage parlors and bathhouses. Our shared resource, Investigative Support Unit (ISU), regulates and licenses these establishments (outside the city limits of Spokane) as well as their employees under Spokane County Ordinance Title 7.07. Massage Parlors and Bathhouses. Detective Don McCabe of ISU is responsible for licensing bathhouses and bathhouse employees. The licensing process requires criminal background checks and the collecting of licensing fees. ISU personnel also monitor these businesses to make sure they comply with the ordinance. We would request that the Council consider establishing an ordinance that mirrors the existing county requirements for licensing establishments and employees. Attached are copies of: • Spokane County Ordinance, Title 7.07, Massage Parlors and Bathhouses; • Temporary and permanent business license; • Temporary and permanent employee license; • Incident Report form to document the licensing process; • Photographs of the three (3) Spokane Valley bathhouses (see PowerPoint) Chapter 7.07 MASSAGE PARLORS AND BATR_HOUSES 7.07.010 Definitions. The following words and terms as used herein shall be held and construed to have the following meanings: (a) "Bathhouse" means and includes any place or portions hereof where baths by water, steam, vapor, or hot air, hot tub, whirlpool, sauna, or like treatments are made available for any fee, compensation, consideration or the expectation thereof; provided, however, that such term shall not include any place providing only ordinary tub or shower baths where no attendant is provided. (b) "Bathhouse employee" means and includes any person who gives baths to, or attends in any way upon, patrons of a bathhouse, or who supervises the work of such a person, or acts in any managerial capacity within any bathhouse; provided, however, that such term shall not include persons who perform only custodial or janitorial work. (c) "Massage" means and includes the method, art or science of treating the human body for hygienic, remedial or relaxational purposes or for the purpose of reducing or contouring the human body, by rubbing, stroking, kneading, tapping, rolling or manipulating the human body or any portion thereof with the hands or by any mechanical or electrical apparatus or other agency or instrumentality; provided, the definition of "massage" as used herein shall not be deemed to authorize any activity which is lewd, disorderly or dissolute. (d) "Massage parlor" means and includes any place or portion thereof where massages or like treatments are performed for any fee, compensation, consideration or the expectation thereof on the body of one person by another person. (e) "Massage parlor employee" means and includes any person who gives massages to, or attends in any way upon, patrons of a massage parlor, or who supervises the work of such a person, or acts in any managerial capacity within any massage parlor; provided, however, that such term shall not include persons who perform only custodial or janitorial work. (f) "Person" means and includes natural persons of either sex, firms, corporations, and all associations of natural persons, whether acting by themselves or by a servant or employee. (Res. 83 -0427 Attachment A, 1983; Res. 75- 134 (part), 1975; Res. 73 -562 § 1, 1973) 7.07.020 Massage parlor or bathhouse license required. It is unlawful for any person to conduct, operate or maintain a massage parlor or bathhouse or cause a massage parlor or bathhouse to be conducted, operated or maintained without first obtaining a current and valid massage parlor or bathhouse license issued pursuant to the provisions contained herein for the premises thereof. Such license shall be posted in a conspicuous location on the premises of each massage parlor or bathhouse, together with the massage parlor or bathhouse employee licenses of all persons acting as massage parlor employees or bathhouse employees on such premises. One license shall be required hereby for the premises of each establishment operating as a massage parlor or a bathhouse and such license shall permit the giving of massages or baths or both on such premises. (Res. 73 -562 § 2, 1973) 7.07.030 Application for massage parlor or bathhouse license. Application for a massage parlor license or bathhouse license shall be made to the sheriff of Spokane County and shall be accompanied by the payment of the fee designated in Section 7.07.070. Each application for a massage parlor or bathhouse license shall be signed and sworn to by the person who will conduct, operate or maintain such establishment and shall be accompanied by two black and white photographs of the applicant two inches by two inches in size and taken within six months of the application, showing only the full face of the applicant, one of which shall be affixed to the license when it is issued, and two complete sets of fingerprints of the applicant. Each application shall be in writing and shall contain the following information: (a) The name, home address and telephone number of the applicant and of all persons named under parts (c) and (d) herein; and (b) The business name, business address and telephone number of the establishment or proposed establishment and a description of the premises on which said business will be conducted; and (c) The names of all persons owning an interest in such business or proposed business, including any corporate stockholders, and whether such business will be conducted as a sole proprietorship, partnership or corporation; if a partnership, giving the names of all persons sharing in the profits of said business, and, if a corporation, giving the names of its officers and directors and the title of each; and (d) The names of all persons who will act as proprietor, manager or person in charge of such business or proposed business; and (e) The prior residences of the applicant and of all persons named under parts (c) and (d) herein for the past five years, together with the period of residence at each such address; and (f) The age of the applicant and of all persons named under parts (c) and (d) herein; and I) Whether the applicant or any person named under parts (c) and (d) herein have ever been convicted of any rime or have ever forfeited a bond to appear in court for any crime, excluding minor traffic offenses, and, if so, stating what crime, the date of conviction or forfeiture and the circumstances and disposition of the case; and (h) The occupation and business name and business address of all prior employers of the applicant and of all other persons named under parts (c) and (d) herein during the past five years and the nature of the work performed for each of such employers; and (i) All assumed names or aliases which have been or are used by the applicant and by all persons named under parts (c) and (d) herein; and (j) Such other information as the sheriff of Spokane County may reasonably require for the administration of this chapter. (Res. 73 -562 § 3, 1973) 7.07.040 Massage parlor or bathhouse employee license required. It is unlawful for any person to act as a massage parlor employee or a bathhouse employee or to hold himself out as a massage parlor employee or a bathhouse employee or to administer or offer or agree to administer any massage or bath for any fee, compensation, consideration or the expectation thereof without first obtaining a current and valid massage parlor employee license or bathhouse employee license issued pursuant to the provisions contained herein, which shall be posted as required by Section 7.07.020 of this chapter, and it is unlawful for any owner, proprietor, manager or person in charge of any massage parlor or bathhouse to allow any person to act as a massage parlor employee or a bathhouse employee who has not first obtained such license. One license shall be required hereby for a massage parlor or bathhouse employee and such license shall permit activities as a massage parlor employee or a bathhouse employee or both. (Ord. 73 -562 § 4, 1973) 7.07.050 Application for massage parlor or bathhouse employee license. Application for a massage parlor or bathhouse employee license shall be made to the sheriff of Spokane County Ind shall be accompanied by payment of the fee designated in Section 7.07.070. Each application for a massage ,iarlor or bathhouse employee license shall be signed and sworn to by the person so applying and shall be accompanied by two black and white photographs of the applicant two inches by two inches in size and taken within six months of the application, showing only the full face of the applicant, one of which shall be affixed to the license when it is issued, and two complete sets of fingerprints of the applicant. Each application shall be in writing and shall contain the following information: (a) The name, home address, telephone number and age of the applicant; and (b) The prior residences of the applicant for the past five years together with the period of residence at each such address; and (c) Whether the applicant has ever been convicted of any crime or has forfeited a bond to appear in court for any crime, excluding minor traffic offenses and, if so, stating what crime, the date of conviction or forfeiture and the circumstances and disposition of the case; and (d) The business name, business address and telephone number of the establishment at which the applicant will be employed; and (e) The occupation and business name and business address of all prior employers of the applicant during the five years preceding the application and the nature of the work performed for each of such employers; and (f) All assumed names or aliases which have been or are used by the applicant; and (g) Whether the applicant will be acting as a proprietor, manager, or person in charge of any massage parlor or bathhouse; and (h) Such other information as the sheriff of Spokane County may reasonably require for the administration of this chapter. (Res. 73 -562 § 5, 1973) 7.07.060 Temporary license. The sheriff of Spokane County may, for good cause shown, issue a temporary massage parlor or bathhouse license or massage parlor or bathhouse employee license, to be effective not for more than thirty days upon initial application for such license. (Ord. 73 -562 § 6, 1973) 7.07.070 License fees. (a) The fee for a massage parlor or bathhouse license is thirty -five dollars per year upon initial application, and ten dollars per year for the renewal thereof, which shall be tendered at such time as application is made for the issuance or renewal of such license. (b) The fee for a massage parlor or bathhouse employee license is thirty -five dollars per year upon initial application, and ten dollars per year for the renewal thereof, which shall be tendered at such time as application is made for the issuance or renewal of such license. (c) The fee for all license issued pursuant to this chapter subsequent to July 1 of each calendar year shall be one - half of the fee designated in subsection (a) or (b) of this section. (d) The fee for a massage parlor or bathhouse employee license or for the renewal of such license as designated by subsection (b) of this section shall be waived in the event that the applicant for such license shall have applied for a massage parlor or bathhouse license as the person who will conduct, operate or maintain such establishment, and shall have paid the fee designated by subsection (a) of this section. (Res. 73 -562 § 7, 1973) 7.07.080 Expiration of license. Licenses issued pursuant to this chapter shall be valid only until the first day of the following calendar year and may be renewed annually by filing an application for renewal with, and paying the fee designated in Section 7.07.070 of this chapter to the sheriff of Spokane County. (Res. 73 -562 § 8, 1973) 7.07.090 Moneys received. Moneys received from payment of such fees shall be deposited in the Spokane County general fund. (Res. 73 -562 § 9, 1973) 7.07.100 Exemptions. The provisions of this chapter shall not apply to the following persons and circumstances and they are hereby exempted therefrom: (a) An individual giving a massage or bath in his home to members of his immediate family; (b) Massage or baths given solely by a physician or other person licensed by the state of Washington to treat the sick, injured or infirm; (c) Massages or baths given at any institution maintained by the public funds of the state of Washington or of any of its political subdivisions or of the United States; (d) Massages or baths given at the athletic department of any school or college accredited by the state of Washington; or (e) Massages or baths given by persons licensed to practice barbering or beauty culture, provided that they do not exceed the scope of their license. (Res. 75 -134 (part), 1975: Res. 73 -562 § 10, 1973) 7.07.110 Denial, suspension, or revocation of massage parlor or bathhouse license. The sheriff of Spokane County may refuse issuance of any massage parlor or bathhouse license, and he may order the suspension or revocation of such license upon his finding after such investigation or hearing as he deems necessary that: (a) Such license was issued illegally or by mistake or inadvertence or was procured by fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts or that any of the material facts contained in the application for such license are false; or (b) Any person owning an interest or sharing in the profits of such business, including any corporate stockholders, or, if a corporation, any officer or director thereof, or any person acting as proprietor, manager or person in charge of such business: (1) Has been convicted within the past five years of any felony or of any violation of any federal, state or local law relating to sex offenses or to the possession, use or sale of drugs or controlled substances, or to the sale of alcoholic beverages, or of any act or omission in violation of this chapter or ordinance amendatory thereof, or of any crime involving moral turpitude or has forfeited a bond to appear in court for any of the foregoing offenses; or (2) Has been guilty of any act or omission in violation of this chapter or ordinance amendatory thereof or any misconduct or improper, fraudulent, or wrongful behavior relating to the giving of massages or baths or to the management of massage parlors or bathhouses or to the fitness of such person to engage in such business, or of any act or default which is discreditable to such business or which is lewd or dissolute; or (3) Is not of good moral character; or (4) Was previously sharing in the profits of any massage parlor or bathhouse or, if a corporation, was acting as officer or director thereof, or was acting as proprietor, manager or person in charge of such business at a time when any license issued pursuant to this chapter for such business was revoked; or } Any servant, agent, employee or representative of such business has been guilty of any act or omission while 41 the premises of such business which is in violation of this chapter or ordinance amendatory thereof or of any ' —.. isconduct or improper, fraudulent or wrongful behavior relating to the giving of massages or baths or to the fitness of such person to engage in such business or of any act or default which is discreditable to such business or which is lewd or dissolute if: (1) The circumstances surrounding any of the foregoing acts or omissions are such as to establish a lack of adequate supervision or control or are such as to establish that such act or omission was knowingly allowed by any person sharing in the profits of said business or, if a corporation, any officer or director thereof, or of any person acting as proprietor, manager, or person in charge of such business; or (2) in any event if three or more such acts or omissions have occurred on the premises of such business within a period of two years; or (d) Such denial, suspension or revocation is necessary to protect the public safety, morals or welfare or the operation of such business would be detrimental thereto or in violation of any federal, state or local law. (e) The holder of any massage parlor license or bathhouse license and all persons owning an interest or sharing in the profits of such business, including any corporate stockholders, and, if a corporation, all officers and directors thereof, and all persons acting as proprietor, manager or person in charge of such business shall be held strictly liable and shall be responsible and accountable for any act or omission of each other under the provisions of this section and for any act or omission of any servant, agent, employee or representative of such business as provided by subsection (c) of this section, if such acts or omissions establish a lack of adequate supervision or control or were knowingly allowed or have occurred three or more times within a period of two years. (Res. 73 -562 § 11, 1973) 7.07.120 Denial, suspension, or revocation of massage parlor or bathhouse employee license. The sheriff of Spokane County may refuse issuance of any massage parlor or bathhouse employee license, and he may order the suspension or revocation of such license upon his finding after such investigation or hearing as he deems necessary that: Such license was issued illegally or by mistake or inadvertence or was procured by fraud, misrepresentation, Ise or misleading statements, evasions or suppression of material facts or that any of the material facts contained II I the application for such license are false; or (b) The applicant or holder of such license has been convicted within the last five years of any felony or of any violation of federal, state or local law relating to sex offenses or to the possession, use or sale of drugs, controlled substances or to the sale of alcoholic beverages, or of any act or omission in violation of this chapter or ordinance amendatory thereof, or of any crime involving moral turpitude or has forfeited a bond to appear in court for any of the foregoing offenses; or (c) The applicant or holder of such license has been guilty of any act, or omission in violation of this chapter or ordinance amendatory thereof or of any misconduct or improper, fraudulent or wrongful behavior relating to the giving of massages or baths or to the management of massage parlors or bathhouses or to the fitness of such person to engage in such business, or of any act or default which is discreditable to such business or which is lewd or dissolute; or (d) The applicant or holder of such license is not of good moral character; or (e) The applicant or holder of such license has previously had a license issued pursuant to this chapter which has been revoked; or (f) The applicant or holder of such license has acted in a manner which endangers the public health, safety, morals or welfare while on the premises of any massage parlor or bathhouse, or that issuance of such license would be detrimental thereto or in violation of any federal, state or local law. (Res. 73 -562 § 12, 1973) 7.07.130 Appeal. Any applicant who has duly made application for a license under the provisions of this chapter and has been denied such license, or any person holding a license which is revoked or suspended under the provisions of this chapter, may file a petition with the clerk of the board of county commissioners demanding a hearing before the board of county commissioners for the purpose of contesting such denial, revocation or suspension, provided that Genia petition must be filed within ten days following notification of such denial, revocation or suspension. Such Genial, revocation or suspension shall be stayed upon the filing of such petition pending the final determination of the board of county commissioners as herein provided. In the event such petition is filed, the board of county commissioners shall set a date, no less than ten days following the mailing of notice thereof for a hearing, of which all interested parties shall be notified. All evidence bearing on the questions of whether such denial, suspension or revocation is proper under the provisions of this chapter may be received at that hearing. If the board of county commissioners shall determine upon such hearing that such denial, suspension or revocation is not proper under the provisions of this chapter they shall so notify the sheriff of Spokane County who shall cause the license to be issued or reinstated forthwith. If the board of county commissioners determines upon such hearing that such license should be denied, suspended or revoked under the provisions of this chapter they shall issue such order in writing. An appeal from such order may be made in the superior court of Spokane County in the manner provided under the general laws of the state of Washington. (Res. 73 -562 § 13, 1973) 7.07.140 License transfer prohibited. Licenses issued pursuant to this chapter shall not be assigned or transferred from one holder to another. (Res. 73- 562 § 14, 1973) 7.07.150 Altering license. It is unlawful to alter or tamper in any way with a license which has been issued pursuant to the provisions of this chapter. (Res. 73 -562 § 15, 1973) 7.07.160 Advertising prohibited. It is unlawful for any person to place an advertisement for the giving of massages or baths in any establishment or by any person unless such establishment and person are first duly licensed in accordance with the provisions contained herein. (Res. 73 -562 § 16, 1973) 7.07.170 Notification of place of employment. It is unlawful for any person to act as a massage parlor or bathhouse employee without first notifying the sheriff of Spokane County in writing of the business name, business address and telephone number of the establishment or establishments at which said person is employed. Any massage parlor or bathhouse employee changing the location of his employment shall first notify the sheriff of Spokane County in writing of such change. (Res. 73 -562 § 17, 1973) 7.07.180 Notice of relocation required. The premises of a massage parlor or bathhouse may be relocated only if the sheriff of Spokane County is notified in writing of the relocation ten days in advance thereof. (Res. 73 -562 § 18, 1973) 7.07.190 Massage or bath off premises prohibited. It is unlawful for any person to administer a massage or bath for which any fee, compensation or consideration is given or promised or to hold himself out as administering such massage or bath unless such massage or bath is administered or to be administered at a location and upon premises for which a current and valid massage parlor or bathhouse license has been issued. (Res. 73 -562 § 19, 1973) 7.07.200 Records required. It shall be the duty of every owner, proprietor, manager or person in charge of any massage parlor or bathhouse to maintain at such establishment a book or other permanent record in which the information required herein shall be permanently recorded. Such records shall be kept and maintained for a period of not less than three years and shall be kept available for inspection by the sheriff of Spokane County upon demand. It is unlawful for any person to administer any massage or bath for which any fee, compensation or consideration is given or promised unless the record required herein has first been completed. It is unlawful to fail to make entry of any record required herein or to make any false entry therein or to falsify, obliterate or destroy such record or to refuse to allow the sheriff of Spokane County to inspect such record. This record shall contain: (a) The date of every massage or bath given on such premises; and '`, (b) The name of the person administering each massage or bath; and (c) A description of the services to be rendered to each such person; and (d) A complete itemized statement of the price paid or to be paid, including any tip, for such services. (Res. 75 -134 (part), 1975: Res. 73 -562 § 20, 1973) 7.07.210 Business hours. It is unlawful to conduct business in a massage parlor or bathhouse between the hours of ten p.m., and six a.m. C the purpose of this section, "conduct business" means the offering by either advertisement or verbal ommunication or the treating or administering of any massages or water, steam, vapor or hot air baths; provided, however, any person may submit a written request to the sheriff for a variance of the provisions of this section. The sheriff shall timely act on all variance requests. No variance shall be granted which is detrimental to the general public health, safety and welfare. The denial of a variance under this section shall be appealable to the board of county commissioners within that time frame and under those procedures set forth in Section 7.07.130. (Res. 83- 0587 Attachment A, 1983: Res. 75 -134 (part), 1975: Res. 73 -562 § 21, 1973) 7.07.220 Age of employee. It is unlawful for the owner, proprietor, manager or person in charge of any massage parlor or bathhouse or any employee of such place to employ any person in such place who is not at least eighteen years of age and it is unlawful for any person under such age to act as a massage parlor employee or a bathhouse employee. (Res. 73- 562 § 22, 1973) 7.07.230 Safety and sanitation. The premises of all massage parlors and bathhouses shall be maintained in a safe and sanitary manner. (Res. 73- 562 § 23, 1973) 7.07.240 Liquor and drugs prohibited. It is unlawful for any member of the public, or for the proprietor, manager or person in charge of any massage parlor or bathhouse or any employee of such place to consume any alcoholic beverages or liquor or use any drug or controlled substance on the premises. It is further unlawful for the proprietor, manager or person in charge of m y massage parlor or bathhouse or any employee of such place to allow the consumption of alcoholic beverages r liquor or the use of any drug or controlled substance on such premises; provided, however, that the provisions contained herein relating to alcoholic beverages or liquor shall not apply to premises which are duly licensed by the Washington State Liquor Control Board. (Res. 75 -134 (part), 1975: Res, 73 -562 § 24, 1973) 7.07.250 Sheriff access. Sheriff officers of the county of Spokane shall have reasonable access at all times to any massage parlor or bathhouse when such officers are visiting the same in the performance of their duties for purposes of investigation, and it is unlawful to deny them such access. (Res. 73 -562 § 25, 1973) 7.07.260 Additional rules and regulations. The sheriff of Spokane County shall have the power, from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this chapter or with the general laws of the state of Washington, for the purpose of carrying out the provisions of this chapter and accomplishing its goals and it is unlawful to violate or fail to comply with any such rule or regulation. (Res. 73 -562 § 26, 1973) 7.07.270 Penalty. Any person who commits, attempts to commit, conspires to commit, offers or agrees to commit, or aids or abets in the commission of any act or omission which is in violation of the provisions of this chapter, whether individually or in connection with one or more persons and whether as principal, agent or accessory or who falsely, fraudulently, forcefully or wilfully induces, causes, coerces, requires, permits or directs others to commit such violation, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding three n tundred dollars or by imprisonment in the Spokane County jail for a term not exceeding ninety days, or both such ine and imprisonment in the discretion of the court. (Res. 73 -562 § 27, 1973) 7.07.280 Liberal construction. • This chapter shall be deemed to be an exercise of the police power of the county of Spokane to preserve the public peace, health, safety, welfare and morality and its provisions shall be liberally construed for the accomplishment of that purpose. (Res. 73 -562 § 28, 1973) SPOKANE COUNTY SHERIFF'S OFFICE APPLICATION FOR (BATHHOUSE EMPLOYEE LICENSE I Do Hereby Apply For A Bathhouse Employee License And Swear That The Information Contained In This Application Is True, Complete And Correct: 1. Business narne, address and owner's name where you will be employed: 2. Full Legal Name: 3. Maiden Name: 4. Nicknames/alias: S. Date of Birth: Height: 7. Prior Residences for the past five years: From: To: Address: Crime: Weight: Occupation and business name where employed for the past five years: . :rom: To: Address: THE A130\'E INFORMATION IS TRUE, COMPLETE AND CORRECT Color Hair: 6. Home Address: City: State: ZIP: Date: C City: 9. Have you ever been convicted of a crime or forfieted bond to appear in court for any reason? YES NO City: Phone Number: Color Eyes: State: State: State: Applicaants Signature (Sign in front of a Notary Public) SUBSCRIBED AND SWORN TO before me this day of , 20 Notary Public in and for the State of Washington Residing in Spokane SPOKANE COUNTY BATHHOUSE TEMPORARY BUSINESS LICENSE DOB / 1 rb,.: Oriental Spa East 9410 E. Sprague Spokane, WA ussn}e Nuke / GIJtl:se I :.)! ;c kites: Under the Provisions of Spokane County Ordinance No. 73 -562 Adopted August 9, 1973 THIS LICENSE EXPIRES , 2004 THIS LICENSE IS ISSUED SUBJECT 10 CANCELLATION AT ANY TIdAE Spokane, Washington , 2004 THIS LICENSE IS ISSUED SUBJECT TO CANCELLATION AT ANY TIME SPOKANE COUNTY BATHHOUSE BUSINESS LICENSE DOB 1 / THIS LICENSE EXPIRF.S December 31 , 2004 Spokane, Washington 2004 Ilssv / IIp1 / A?_1GS Oriental Spa East 9410 E. Sprague Spokane, WA Utaugc Fb'u / Ftt a . less Under the Provisions of Spokane County Ordinance No. 73 -562 Adopted August 9, 1973 No Photo Spokone County Sheriff Photo Spokone County Sheriff THIS LICENSE IS ISSUED SUBJECT 10 CANCELLATION AT ANY TIME SPOKANE COUNTY BATHHOUSE TEMPORARY EMPLOYEE LICENSE DOB / / Oriental Spa. East 9410 E. Sprague Spokane, WA Under the Provisions of Spokane County Ordinance No. 73 -562 Adopted August 9, 1973 THIS LICENSE EXPIRES , 2004 Spokane, Washington , 2004 M,. / tnH % Mke3 Uasnie Fell.* i 'Whine e n» '✓ Mkea: SPOKANE COUNTY BATHHOUSE EMPLOYEE LICENSE DOB / / leanrgc Puna f Hrts:aae Hsu f: eeraec Oriental Spa East 9410 E. Sprague. Spokane, WA Under the Provisions of Spokane County Ordinonce No. 73 -562 Adopted August 9, 1973 THIS LICENSE EXPIRES December 31 2004 THIS LICENSE IS ISSUED SUBJECT TO CANCELLATION At ANY IIME Spokone, Washington , 2004 No Photo Spokone County Sheriff Photo Spokone County Sheriff AGENCY NAME SPOKANE COUNTY SHERIFF DEPARTMENT () (VCRAssA RESP ASGN 1 EVIDENCE NUMBER INCIDENT NUMBER SV 04 -023613 TYPE OF REPORT ❑PERSONS ❑VEHICLE (JUVENILE ❑HATEJBIAS Q a 0 PROPERTY OARREST ❑ CHILD ABUSE ❑ ARSON•LOSS 5 1' &'� ❑ INFORMATION ['Prior/2 ARREST 0 DOMESTIC VIOLENCE 0 OTHER: 1F; 0 COMPUTER USED 0 DRUG RELATED ❑ ALCOHOL RELATED _ INCIDENT CLASSIFICATION ,•I� Bath House Business License OFFENSE CODES BOOKING # CHAR' .. BAIL 1. Ni- 2 N/A N1' ARREST DATE 0 LOCATION OF ARREST AFFILIATION A C A C CODE STATEMENT N/A A C 4 C A C E ,., ADDRESS/LOCATION OF INCIDENT C ' ! 7413 E. Trent PREMISE TYPEJNAME N /A N OF UNITS ENTERED DATE/TIME NOTIFIED GEO CODES NIA rill REPORTED ON OCCURRED ON OR FROM OCCURRED TO 1 - p E R R s 0 N s MONTH Jan ADD'L 1 ON 0 0 Day 23 PERSONS VEHICLES COLLISION REPT. YEAR 2004 {i I,. _ s ° n A TIME DOW 1430 Fri a • t V C��1 - " B ' V J -„ i C 4 A, rt°r. 0 �. p MONTII ° ___ .P..1...61...0. R Day E59 . .•jl GUQ i YEAR 2004 • • • ° b . � •1 T. _ N COLOR Y ,,,ll TIME 4. -: E •)a . . DOW LANDLORD Y N MONTH NOTIFICATION NAME _ -- DAY — YEAR 2004 - ---- TIME - .� DOW — NO. NON. DISC N.M. NAME (LAST,F1RST,MtDDLE) AFFILIATION RACE W ETH N SE)( 0.0.81AGE HOT WGT HAIR N/A EYES NIA STREET ADDRESS APT 0 CITY STATE ZIP RES STATUS: F 4 7 1 B U RESIDENCE PHONE BUSINESS PHONE EMPLOYMENTJOCCUPATIONJSCHOOL HATE/BIAS CODE 9 TYPE VICTIM NA s TYPE INJURY NA6 WTI I OF FNDR.# RELATIONSHIP CODE S I N S E E S )• " NO. NON - DISC WA NAME (LAST,FIRST,MIDDLE) AFFILIATION RACE ETH SEX D.0.13JAGE HOT WGT HAIR N/A EYES N1A STREET ADDRESS APT# CITY STATE ZIP RES 4 STATUS: NA RESIDENCE PHONE NUMBER OF SUSPECTSJARRESTED BUSINESS PHONE EMPLOYMENTIOCCUPATION(SCHOOL q �� L'J'""' a a: ' � "�",,,� HATEIBIAS CODE TYPE VICTIM 9 5 j1 j IN I se • Yt.y -_. TYPE INJURY B art (i.� VICTIM OF FNDRN 'j1 v Y:s�:y RELATIONSHIP CODE 7 +Rc- ' . :. tv PERSONS IN THIS REPORT .{. 4 'Tt) '� �• ': 1 . °.. r maws t � -M- elf 7K Ldr( I• ';s . ..� t '.''(). J :SS NO X1 NAME (LAST, First, Middle) WENRICK, Jeanne Marie RACE W ..ri .,- �' . ETH SEX 0.0.13. AGE , HGT WGT HAIR , ..' BLN EYES P! !,! L STREET ADDRESS APT N ■ 7413 E. Trent CITY I S.okane Valle STATE ZIP WA 99212 RES. STATUS NIA RESIDENCE PHONE 995 EMPLOYUENTJOCCUPA1JONtSCHOOL , . Moonlite Spa Too BUSINESS PHONE _ _ _ - - 922 -9656 STATE WA IBR ARREST OFFENSE N0. BOOKEDANHERE NIA BOOKING # CHAR' .. BAIL 1. Ni- 2 N/A N1' ARREST DATE 0 LOCATION OF ARREST AFFILIATION ON VIEW ARREST N/A CITED NIA STATEMENT N/A CHARGES NIA ARRESTEE ARMED WITH PCNJIDENTWICATION NUMBER MULTI CLEAR : JUV.PARE*I'JGDN. NOTIFIED ,, N/A NAMEIRELATIONSHIP OF PERSON NOTIFIED DATE/TIME NOTIFIED NOTIFIED 8Y DISPOSITION OF JUVENILE N1A C VEHICLE 0 STOLEN 0 0 LOCATED CI SEIZED ❑ DAMAGEDJVANDALIZED o CODES: 0 RECOVERED ❑ TOWED ❑ ABANDONING ❑ OTHER G1 0 EVIDENCE ❑ VICTIMS VEHICLE ❑ SUSPECTS VEHICLE ti HOLD FOR p N0. A LICENSE NUMBER STATE VIN/HULL NO. YEAR i MAKE ) I MODEL STYLE N COLOR Y ,,,ll i SPECIAL FEATURES /DESCRIPTION VALUE S. DRIVER 65 U N K REGISTERED OWNERS NAME I VEHICLE DISPOSITION A D TOWCOMPANYIADDRESSIPHONE STATE TOW N REGISTERED OWNERS ADDRESS D LOCKED R E NIA KEYS IN VEHICLE N/A DELINO_ PAYMENT N/A VICTIM COMSENT N/A THEFT INS. NIA DRIV• ABLE N/A DAMAGE TO VEHICLE NIA SPECIFY DAMAGE BY DAAIAGE EST S SHADING DAMAGE N/A I 1 MAKING FALSE REPORTS TO PUBUC OFFICERS: 11) A PEWRSON COMMITS THE CRIME OF MAKING A FALSE REPORT IF HEISHE WILLYFULLY MAKES ANY UNTRUE MISLEADING OR EXAGGERATED STATER ENT IN ANY REPORT TO A POLICE OFF CER OR FIRE DEPT. (2) MAKING A FALSE REPORT IS A MISDEAIIEANOR, IF PROPERTY 1 1 NOT GIVE ANYONE PERMISSIO 70 ENTER PREMISES ANDJOR EJICL �� ADVICRIME:SED Doi CHA PTER DID 61 OF TH R.C.W ANS 01 000100 NOT MY WISH TO CLAJM THE PROPERTY TAXREMOVE IF THE MY TRUE OWNER PROPERTYNEJ { CANENOT BE FOUND FOUND. PROPERTY, I HAVE BEEN 0 RELEASED PROPERTY TO 0 1 HAVE READ, UNDERSTAND AND AGREE TO THE ABOVE. ❑ I ACCEPT LIABILITY FOR TOWING A140 STORAGE 0 0 THE NAMED JUVENILE IS PRESENTLY A RUNAWAY 1 , 0 THE NAMED PERSON IS PRESENTLY MISSING :• SIGNATURE OF PERSON DATE • S T A T u S OFFICER NAMEJNUMBER Det Don McCabe 59111 AREA OFFICER NAME/NUMBER AREA APPROVED BY ASSIGNED IBR CLEARANCE 1) ARRiA. () EXCIA O ARRJJ O EXCIJ ADMEN CLEARANCCE O WARRANT ()SUSPENDED DISTRIBUTION I) HD OTHER: O CA I CPS O JUV (I DET O PA (I DSHS ( ) 5171 ( I PAT DATA ENTRY ALIAS NANB(5) STATE OF WASHINGTON UNIFORM INCIDENT REPORT ENTERED: (INfAL LOCAL NARRATIVE REPORT PAGE 2 OF 2 REPORT# SV 04- 023613 p 1anuary 23, 2004, Jeanne M. Wenrick came into the Sheriff Department for a bathhouse business license. I checked `rick in CAD /RMS and NCICIIII and found nothing to substantiate a denial of a license. was advised of the following: (1) Before a massage is given at the business, the employee must have a Washington State Massage License. x (2) It is unlawful for employees to have sexual contact with customers. x NCIC WACIC DATE LETTER SENT Y N Bathhouses in the City of Spokane Valley Cal Walker, Police Chief October 19, 2004 MOONLITE SPA ; ' ,{ I . l - A3Z1 "Relaxation Station o SAUNA o EXERCISE a SHOWER 1 p .. P :�.: . Mom tullgo- Sumloy llam l0 7pm n rcmxszewsi 4 --ki. 1 1 3 4 C ' AGENDA ITEM TITLE: ADMINISTRATIVE REPORT: Zoning Code Use Matrices. GOVERNING LEGISLATION: Spokane Valley Ordinance 03 -53 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: During the next several months, Planning Commission will be working on the implementing regulations for the Comprehensive Plan. This will entail reviewing the schedules of permitted and accessory uses included in the use matrices, as well as the definitions associated with those uses. The City Council adopted the Spokane County Comprehensive Plan pursuant to Ordinance No. 03 -52, subsequently adopting the Zoning Code of Spokane County as interim development regulations for the new city (Ordinance 03 -53), including portions of the Phase I Development Regulations. The Phase I regulations (adopted by Spokane County in May 2002) made several material changes in the earlier regulations: • Eliminated the cumulative provision that permitted all uses in 6-3 Regional Commercial in 1 -2 Light Industrial zoning districts. The zoning regulations of many communities deliberately allow for cumulation: e.g. all UR 3.5 uses allowed in UR -7; all UR -7 uses allowed in UR -12, etc. within categories (e.g. "Residential "), which may extend between categories. This action rendered many existing commercial uses non - conforming. • Eliminated "sales" for automobiles and boats, while retaining "repair and maintenance ", and continuing to allow sales for equipment and trucks. At the same time, "Retail sales, related and accessory to allowed uses" is retained, but "Wholesaling" prohibits retail sales, even though specific individual uses (bakeries, specialty agricultural, retail nursery, etc.) are allowed. • While "slaughterhouse" was deleted, uses (although not specifically defined) such as "rendering plant ", "animal processing" and "stockyards" customarily involving animal slaughter are permitted. Similarly, "animal clinics — large animals" was prohibited in all industrial zones, but "Veterinary supplies and services, including vet" are permitted. City Council added back a number of uses that had been deleted pursuant to Ordinance 03- 053. The same ordinance amended the provisions relating to non - conforming uses, but only as to those rendered non - conforming as a result of the City's adoption of the ordinance, limited to parcels which had received a building permit on platted parcels. Non- conforming uses would not be allowed to expand onto adjacent parcels. The present Industrial Matrix contains a number of other inconsistencies, e.g. storage of critical material is an accessory or permitted use in all industrial zones (either above or below ground), but inflammable liquid /gas storage is permitted only in 1 -3 (Heavy Industrial). When the three use matrices are combined (Residential, Commercial and Industrial), many other inconsistencies /ambiguities /conflicts become more apparent. The development of clear definitions should help resolve many conflicts, and detailed review may indicate that some uses should not be permitted in an urban area. The regulations must support the land use priorities of the Comprehensive Plan, and provide predictability in interpretation and enforcement. In supporting the expansion of existing commercial enterprises in locations currently zoned industrial with mixed commercial and industrial uses, and to provide the Planning Commission with guidance in their deliberations CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 19, 2004 Item: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing ® information ® admin. report 0 pending legislation Administrative Report Dimensional Standards Page 2 of 2 over the next several months, City Council direction on the structure (cumulative or not) and the degree of permissible overlap of uses within different categories is desirable. OPTIONS: Not applicable. RECOMMENDED ACTION: Provide staff with direction. BUDGET /FINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Marina Sukup, Community Development Director ATTACHMENTS: To: From: Re: DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of October 14, 2004 12:00 p.m. Please note this is a work in progress; items are tentative Council & Staff City Manager Draft Schedule for Upcoming Council Meetings October 26, 2004, Noon — 1:30 p.m.: Chamber of Commerce Sponsored Government Affairs Budget & Finance Presentation, Spokane Valley City Council Chambers October 26, 2004 Regular Meeting 6:00 p.m. [duc date Thursday, October 14] 1. PUBLIC HEARING: Final 2005 Budget Hearing 2. Second Reading: Proposed 2005 Annual Property Tax Ordinance — Ken Thompson 3. Second Reading Proposed Ordinance to Confirm Extra 1 +% Levy — Ken Thompson 4. First Reading Proposed Ordinance Adopting 2005 Budget — Ken Thompson 5. Proposed Resolution Amending Fee Resolution for 2005 —Ken Thompson 6. First Reading Proposed Utility Tax Ordinance — Ken Thompson 7. Second Reading: Proposed Street Vacation Ordinance (David Street) — Marina Sukup 8. First Reading Proposed Ordinance for PUD Amendments — Marina Sukup 9. Information Only: a. Departmental Monthly Reports b. Spokane County Library District September Report c. Planning Commission Minutes d. Response to Previous Public Comments/Concerns November 2, 2004 Study Session 6:00 p.m. 1. Valleyfest Presentation — Jeff Wright (confirmed) 2. Ad Hoc. Library Committee Presentation —Nina Regor [due date Thursday, October 211 November 9, 2004 Regular Meeting 6:00 p.m. [due date Thursday, October 281 1. Second Reading Proposed Ordinance Adopting 2005 Budget — Ken Thompson 2. Second Reading Proposed Utility Tax Ordinance — Ken Thompson 3. Second Reading Proposed Ordinance for PUD Amendments — Marina Sukup 4. First Reading: Proposed Ordinance Amending Building Code — Tom Scholtens 5. Motion Consideration: Selection of Provider and Authorizing City Manager to Negotiate Agreement for Service Provider for Library 6. Motion Consideration: Selection of Provider and Authorizing City Manager to Negotiate Agreement for Service Provider for Park Services —Nina Regor 7. Mayor Appointments: Boards and Committees — Mayor DeVleming [estimated meeting: Draft Advance Agenda I0/14/2004 12:00 PM Page 1 01 [10 minutes] [5 minutes] [5 minutes] [10 minutes] [10 minutes] (10 minutes) [5 minutes] [10 minutes] [estimated meeting: 65 minutes *] (15 minutes) (15 minutes) TOTAL MIIN'UTES: 30 Max. mtg. time: 150 minutes [5 minutes] [5 minutes] [5 minutes] [10 minutes] [5 minutes] [5 minutes] [15 minutes] 50 minutes*] November 16, 2004 Study Session 6:00 p.m. [due date Thursday, November 4] 1. Council Officer Selections — Chris Bainbridge 2. Motion Consideration: Approving Spokane County Interlocal Agreement Authorizing $10,000 for Consulting Services for Wastewater Alliance Research —Neil Kersten 3. SCRAPS Presentation — Nancy Hill 4. Street Vacation Ordinance Amendment Discussion — Cary Driskell/Marina Sukup 5. Parks Usage & Maintenance Standards Update — Mike Jackson 6. CenterPlace Position Descriptions — Mike Jackson/Nina .Regor 7. Winter Snow Handling Report— Neil Kersten 8. Industrial Pretreatment Update — Neil Kersten 9. Proposed Amendment to Criminal Code —Noise (Blasting & boombox vehicles) — 10. Infractions for Violation of Park Rules Discussion — Cary Driskell 11. Water Safety Regulations Discussion — Cary Driskell 12. Helmet Safety Issue Research Update — Cary Driskell November 23, 2004 NO MEETING TOTAL MLNIJTES: 145 (20 minutes) (10 minutes) (15 minutes) (5 minutes) (15 minutes) (15 minutes) (15 minutes) (20 minutes) Cary Driskell (10 minutes) (5 minutes) (5 minutes) (10 minutes) Max. mtg. time: 150 minutes November 30. 2004 ReL'ularMeelinR 6:00 p.m. [due date Thursday, November 18] 1. Second Reading: Proposed Ordinance Amending Building Code — Tom Scholtcns [5 minutes] 2. First Readings: Proposed Comp Plan Amendments Ordinances — Marina Sukup [90 minutes total] 3. Lodging Tax Advisory Committee Grant Recommendations Report — Councilmember Flanigan [25 minutes] 4. Sign Regulations (7) Report — Marina Sukup [20 minutes] 5. Motion Consideration: CenterPlace Position Descriptions — Mike Jackson/Nina Regor [10 minutes] 6. Information Only: a. Departmental Monthly Reports b. Planning Commission Minutes [estimated meeting: 150 minutes *] December 7, 2004 Study Session 6:00 p.m. [due date MONDAI'1 November 291 1. Council Approval, Lodging Tax Advisory Grant Recommendations — Councilmember Flanigan (10 minutes) 2. Spokane Valley Arts Council —Norma Ventris (confirmed) (15 minutes) 3. Padal (Parcel Data Locator) System — Marina Sukup (15 minutes) 4. Audit Report — Ken Thompson (10 minutes) 5. CAM (Comprehensive Annual Financial Report) — Ken Thompson (15 minutes) 6. Discussion, Ordinance Adopting Framework for Development Code — Marina Sukup (15 minutes) 7. Cable Franchise Update — Nina Regor /Morgan Koudelka (15 minutes) TOTAL MINUTES: 95 Max. mtg. time: 150 minutes Draft Advance Agenda 10/14/2004 12:00 PM Page 2 of 3 December 14.2004 Regular Meeting 6:00 p.m. (due date Thursday, December 21 1. Second Readings: Proposed Comp Plan Amendments Ordinances — Marina Sukup [45 minutes total] 2. First Reading Proposed Ordinance Adopting Framework for Development Code — Marina Sukup [10 minutes] 3. Sign Regulations ( ?) Report — Marina Sukup [15 minutes] 4. Accomplishments Report — Department Directors [30 minutes] [estimated meeting: 100 minutes *] December 21, 2004, Study Session 6:00 p.m. [due date Thursday, December 9] 1. Second Reading Proposed Ordinance Adopting Framework for Development Code — Marina Sukup (10 minutes) December 28, 2004, Regular Meeting 6:00 p.m. 1. Information Only: a. Departmental Monthly Reports b. Planning Commission Minutes MEETINGS TO BE SCHEDULED 1 open house — wastewater issues ("1'o Be Announced) [* estimated meeting time does not include time for public comments] [due date Thursday, December 16] OTHER PENDING AND /OR UPCOMING ISSUES: Second Reading Proposed Ordinance 04 -007 Stormwater — Stanley Schwartz (first reading 02- 24 -04) Second Reading Proposed Sidewalk Ordinance 04 -012 — Stanley Schwartz (first reading 02- 24 -04) First Reading Proposed Sewer Ordinance —Neil Kersten Pines /Mansfield Update — Stanley Schwartz January 19, 2005 — Conversation with the Community, 6 p.m., Sports USA February 12, 2005 — Half -Day Council /Staff Retreat, 9 a.m. — noon June 11, 2005 — Mid -Year Council /Staff Retreat, 9 a.m. - noon Draft Advancx Agenda 10/14/2004 12:00 PM Page 3 of 3